Under what conditions are land plots given to disabled children?

Russia is a social state that takes care of financially unstable segments of the population.

Citizens with disabilities and families raising a disabled child are precisely included in the preferential category, which can count, for example, on the provision of a plot of land for individual construction or gardening. Some areas make significant discounts, while others even practice allocating plots free of charge.

Family requirements

Unfortunately, there are quite a lot of families in Russia who have a child with a disability, so the state does not have the opportunity to provide land for the construction of each of them. Therefore, in order to become a participant in such a program, the family of a disabled child must be considered in need of improved housing conditions.

Requirements for a family owning real estate

A family that owns real estate may be considered in need of improved conditions if:

• The living area of ​​the existing property should be no more than 18 square meters. m per person. It is worth noting that this value may vary depending on the region.
• The property does not meet sanitary standards.
• The housing is located far from the specialized school where the child will receive an education, or from the rehabilitation institution that he attends.

Family requirements, no real estate

A family that does not have its own property is automatically considered to be in need of improved housing conditions. Therefore, if such a family has a disabled child, then it can apply for land on a preferential basis.

If grandparents or other close relatives who are not the child’s guardians have their own housing, then the family still has the right to housing.

Legislative aspect of the issue

Despite the fact that Russian legislation has undergone many changes, currently people with disabilities have priority rights to receive a plot of land.
Citizens included in this category are not required to be personally present during the auction. The property is transferred for use on the basis of a concluded lease agreement or for individual residential construction. A land plot for a disabled person (regardless of the group) is provided in accordance with federal laws developed to ensure social protection for this category of citizens. Government regulations make it possible to receive an allotment not only for disabled persons, but also for families raising a disabled child.

The main advantages are stated in Federal Law No. 181 “On Social Protection of Persons with Disabilities” , dated November 24, 1995. In accordance with this document, the state obliges regional authorities to prioritize the allocation of land to citizens with disabilities, which can be used for the following purposes :

• start your own subsidiary plot;
• start building your own residential building;
• start a garden or vegetable garden;
• install or construct a garage or other necessary premises.

The entry into force of the federal program guarantees that the property interests of every socially vulnerable citizen will be respected. The regional administration has the right not only to distribute lands allocated by the government, but also to provide subsidized assistance in accordance with issued local acts and orders.

Where do they provide land?

You can get a plot for disabled children in any region of the Russian Federation. To do this, you need to contact your local administration.

Important! It is worth noting that a family can count on a land plot, which is located in the region where it lives with a disabled child.

Also, the land that is given for construction must be close to populated areas, which must have all the necessary communications, such as electricity, gas, sewerage and water.

Which children can be assigned the status of “disabled child”?

Disability is assigned to children based on the conclusion of a medical examination if doctors discover persistent health problems, defects or injuries that cause difficulties in socialization and loss of the ability to self-care. If there is a chance for rehabilitation, the status is assigned temporarily, for 1-2 years or 5 years. In more severe cases, the status will be valid until the age of 18.

If a child has an incurable disease, but it does not prevent him from living, communicating with people and caring for himself, disability may be denied.

Having become adults, all citizens with disabilities must undergo a medical examination again to determine disability groups 1-3 or cancel the status in case of recovery.

List of required documentation

In order to be able to get on the waiting list to receive land for construction, you need to collect certain papers and documents, namely:

• A copy of the passport of the parent who represents the interests of the child or his guardian.
• Certificate of place of residence of the applicant and the child (they must be registered in the same living space).
• A document confirming the child's disability.
• Birth certificate of a disabled child and other children and their copies.
• Documents about existing real estate, which confirm that the family needs to improve their living conditions.

For 2nd group

Representatives of the 2nd group have equal rights with other disabled people. The priority for the distribution of land plots is general, all registered citizens are there together.

Registration procedure:

1. It is necessary to prepare all medical reports that can confirm the actual category of disability.

2. Submit a written appeal to local authorities. Arguing your request by indicating the reason for the need to obtain land.

3. Wait for the verdict of the authorized body. A written notification will be sent.

4. If it is positive, you should collect the documents again and submit them in order to register in the Rosreestr system.

It is important to act in a timely manner so as not to miss time

Algorithm of actions

In order to get a free plot, you need to stand in line , wait for her to arrive and register the received plot. For a more complete understanding of the procedure for obtaining a land plot, you need to consider these stages in more detail.

Read about how to get a free plot of land for an adult with a disability here.

Conditions of receipt

A disabled person has the right to receive out of turn , but on the condition that it is free, that is, it is not owned by a third party. Even a disabled person who already owns land can take advantage of this right.

Registration of unregistered boundaries of the future property of a citizen with health limitations falls on the shoulders of the administration . The negative response of the local authorities should be recorded in writing in order to later be used as an attachment to the application to the court.

Appeal to authorities

After collecting all the necessary papers, you need to write an application. In some regions, special forms may be issued for this, which may differ from each other; in some areas, the application can be drawn up in free form.

Usually, you need to write a request to provide land to a disabled child. The applicant must also indicate his personal information and who he is to the child.

In addition, in the application it is worth writing for what purpose the land is being taken . If the site has already been selected, then it is necessary to indicate information about it, such as the address of the land plot, cadastral number, the presence of encumbrances and buildings on it. At the bottom of the application you need to write a list of attached documents, also put a date and signature.

• Sample application for receiving a plot for a family with a disabled child

The completed application and the documents attached to it must be taken to the local administration. It is considered for approximately 14 days.

After this, the applicant must be called and informed of the decision. If the administration makes a positive decision, then the administration can immediately provide him with the plot. If there are no suitable land plots, then the family of a disabled child is put on a waiting list.

Selection order

The state protects the rights of people with psychological or physiological disabilities.

It also guarantees the allocation of land plots. You can use your right only once in your life . The exception is the following situation: the land plot no longer exists or cannot be used for its intended purpose. The reason for this should be factors beyond the control of the disabled person, for example, a landslide, earthquake, flood, etc. The loss of real estate must be documented.

At the legislative level, strict monitoring is carried out of the fact that citizens with disabilities are provided with only free land plots that are not encumbered by the rights of third parties.

A disabled person who owns a plot of land, but has not had time to exercise his right, can calmly turn to the state for the provision of a plot.

Despite the fact that a person who, as a result of a medical and social examination, has been assigned a disability group, may out of turn become the owner of an immovable land plot, this transfer cannot be called gratuitous. The reason lies in the fact that municipal property cannot be given away indefinitely.

Thus, in accordance with legislative requirements, a local government or executive authority is obliged to allocate land to a disabled person that is not subject to encumbrances and restrictions.

Current legislation requires that the transferred territory have a clearly defined border , but the absence of one cannot be a reason for refusing a citizen with any health limitations. That is, obtaining this territory is not prohibited; simply surveying and registration of the land plot with cadastral registration must be carried out by the municipal authorities.

To obtain a property, a disabled person should contact the authorities with a package of documents and a corresponding application.

If the provision of land to a disabled child was made in accordance with a lease agreement , and not in their own possession, then the construction of a residential building must be carried out within 3 years. Ignoring these requirements leads to seizure of the allotment. The disadvantage of the procedure is that a child with limited health will never be able to exercise his right again.

Each region can set its own limit on the area of ​​land allocated to a citizen with a restriction of some kind.

But at the same time, we must not forget about the minimum established sizes of allocated property;

1. State or municipal significance:
   0.04 hectares if you plan to maintain a garden or vegetable garden;
2. 0.15 hectares, if a citizen plans to devote himself to animal breeding;
3. Regional significance:
   0.12 hectares, if we are talking about gardening and building a summer house;
4. 0.15 hectares if you plan to garden and raise livestock;
5. 0.15 hectares are also allocated for private farming;
6. 0.10 hectares is enough to build your own housing.

Novosibirsk, for example, allocates 0.06 hectares in accordance with its target program.

Actions after it's your turn

When the family of a child with a disability waits their turn at the site, they must be notified about this. Having received the notification, the applicant must come to the administration, where he must be given a certificate of registration of property rights.

After this, the applicant must contact the Rosreestr authorities or the MFC in order to register the property. In this case, you need to pay a state fee of 300 rubles. The plot must be registered within 30 days after the certificate is issued.

For what purposes is it provided?

Other uses:

1. dacha management,
2. construction of a garage or other non-residential building,
3. subsidiary farm.

On land for individual housing construction, it is allowed to build a house with a height of no more than three floors.

If the building is registered, people are allowed to register in it.

On a plot allocated for private household plots, it is allowed to erect a residential building if the plot is a personal plot.

Field storage is used only for growing agricultural structures. The territory for agricultural purposes is included in the composition of a vegetable gardening partnership or is used individually, without joining the commonwealth.

Reasons for providing

When discussing the basis for the provision of plots of a certain category, it is necessary to understand that the concept of “foundation” itself does not mean belonging to any categories as the only condition for receiving assistance from the state.

That is, the basis is the first step that determines the group of citizens who have the right to apply. Further, the possibility or impossibility of obtaining an allotment will be determined by third-party factors that are important when allocating land.

Thus, the basis for the right to claim according to regulatory legislation is that a citizen of the Russian Federation belongs to the following category:

• disabled group 1, 2 or 3;
• childhood disabled person. In this case, since the person has not reached the age of majority, then on his behalf the submission of documents and representation of interests in the state. authorities will be carried out by a legal representative - a parent, adoptive parents or guardian.