The state has provided many benefits for citizens with limited legal capacity.
One of them is the allocation of land. Issued on a first-come, first-served basis.
In the article we will consider questions about the intricacies of obtaining land plots for disabled children.
What does the child’s representative need to do to receive an allotment?
What papers should I collect and prepare the documents correctly?
What does the law say?
Any action carried out by government bodies is reflected in the relevant legislation. So, if we are talking about free provision of land to people with disabilities, then this topic is inextricably linked with the Federal Law on the Protection of Persons with Disabilities. This legal act enshrines all the nuances that relate to the relationship between the state and people with disabilities.
If you study this document in detail, you will find in Article 17 that people with disabilities, their families and children have the right to preferential conditions when receiving a plot of land.
The same applies to disabled people of group 3 - they are provided with a free plot of land for private household plots. At the same time, the rule on participation in the general queue, which applies to other persons, is abolished.
At the same time, the law allows only certain categories of actions that can be performed with the allotment.
The land can be used as a place for:
- farming;
- maintaining gardening or vegetable gardens;
- construction of various buildings in the form of garages, as well as for the construction of a residential building or cottage.
Also, some issues related to the receipt of land plots by this category of persons are regulated by land legislation.
Young and large families can also receive a plot of land at a discount! Find out the nuances of the programs!
Types of land provided
Now let's talk about what kind of land plots disabled people have the right to.
In accordance with the Land Code, as well as other legal acts, people with disabilities are offered land for individual housing construction and SNT.
This means that on this site a person has the right to erect buildings intended for living and recreation, as well as to carry out gardening or vegetable gardening.
At the same time, it is prohibited to establish farms in such areas or use them in any other way for profit.
For what purposes is it provided?
Other uses:
- dacha management,
- construction of a garage or other non-residential building,
- 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.
Requirements for applicants
In order to become the owner of a land plot, you must meet a number of requirements. The law imposes special rules, so please read what is written here carefully.
By the way, if you live in any region, be sure to read the local legislation before trying to participate in such a program.
Local legislation is regulations that were issued in the territory of your subject and act on behalf of the local administration. However, such legislative acts must not contradict Federal Laws and Codes. Such acts may contain additional information that will be useful.
In order to qualify for a plot on preferential terms, you must belong to a disability group , and it does not matter which one. The main thing is that you have a certificate that confirms this.
If we are not talking about a disabled person, but about a family where a disabled child has benefits, then such participation is also possible due to the fact that this land plot is allocated for the construction of a residential building, and therefore can have a beneficial effect on the child’s health.
In addition, you must be a participant in the program for the first time, otherwise, if this is not the first time you are trying to take a land plot on preferential terms, this may arouse suspicion among the administration, and your candidacy will be removed from the queue.
You will need to prepare the necessary package of documents that meets all the conditions for preferential assistance. Otherwise, without certain papers, you cannot hope to be allocated an allotment.
There are additional conditions that relate to various material and documentary areas. However, they are presented by individual regions; perhaps they exist in some places, not in others.
For this reason, it is necessary to pay full attention and familiarize yourself in advance with all the conditions contained in federal and local regulations .
More detailed information about obtaining land for disabled people of groups 1, 2 and 3 can be found here
Step-by-step instruction
Now let's talk about the procedure for allocating an allotment, as it happens in practice.
Despite the fact that the Land Code in its Article 30 proclaims the equality of all citizens of our country, disabled people are not included here.
People with disabilities do not participate in tenders , which are used in the case of land provision on other grounds.
In accordance with the resolution of the Presidium of the Supreme Court of the Russian Federation of 2008, people with disabilities do not take part in auctions, but simply receive ownership or temporary use of a specific land plot. It is allocated on the basis of Article 25 of the Land Code.
The procedure goes as follows:
- A disabled person may somehow find out that an auction is planned, or that the land plot needs an owner. He can obtain such information in various ways; the first possible option is that the citizen learned about the ongoing auction through the media.
- The second option is that the disabled person independently found a plot of land, which, according to the cadastral map, does not belong to anyone.
- The third option is an independent proposal from the administration to participate in the auction.
No matter how a citizen finds out that a corresponding event is being held, he contacts the administration, where he asks to keep it in mind.
To do this, a package of documents is submitted, as well as a written statement stating that the disabled person wants to participate in such an event.
Since disabled people, in accordance with the decision of the Supreme Court, do not participate in auctions and are not included in the queue, this means that such persons immediately receive permission to own a plot of land.
As you can see, the procedure is quite simple, so it is likely that you will not have any difficulties in carrying it out. However, there are a lot of nuances that can accompany this procedure at various stages .
Let's get acquainted with the main difficulties that you may encounter.
Where to contact?
Let's look at how to get land for free. Since land plots owned by the state are handled by municipal authorities, which give permission to use land plots, it is necessary to apply there for registration.
In addition, it is worth considering the fact that you need not only to contact the relevant authorities, but also to provide documents that will indicate your rights to the preferential plot.
You should not think that immediately upon your arrival you will be allowed to use this or that plot. In fact, a certain commission meets and decides whether to allow you to participate in the program or not.
Then, if you do not have the opportunity to contact the administration, for example, a district, you can submit a request by mail, and they must answer it within 14 days.
What documents are needed?
One of the most important and problematic issues is the procedure for collecting a package of documents. Unfortunately, very often people are not attentive to such a procedure, as a result of which they cannot obtain ownership of a land plot free of charge, because the package of documents does not correspond to what was declared. Therefore, let's look at the main papers that should be in your folder.
- First of all, this is a written statement stating that you have a disability and want to take possession of a certain plot of land.
The application is drawn up according to a strictly specified sample, which you can find on the administration’s website, or take a sample from the municipal authority. - It is not necessary to make several copies of your passport, but if we are talking about registration on the basis of a disabled child’s benefit, then it is necessary to provide the parents’ passports and the child’s birth certificate.
- You must provide your tax identification number.
- It is necessary to attach certificates that indicate the place of your registration, as well as a certificate of disability.
The individual commission that will make a decision on your issue may ask you for other documents. For example, these include certificates of family composition, work records, and so on. Be prepared for additional requirements.
Writing an application for allotment
The application is drawn up on an A4 sheet in strict accordance with the sample:
- The header of the application indicates exactly where the document is sent. You must indicate your local administration.
- Next, you need to leave information about yourself, namely passport details and contacts.
- After the word statement, you begin to state the essence of the request. Write down that you are disabled and remind them of the documents that confirm this fact. It is necessary to accurately indicate the information so that administration employees understand what exactly is being discussed.
- At the end of the application, you must make a list of the attached documents, and, if possible, provide a brief summary of the attached papers. Then a date and signature are added.
Local administrations may require different formulations due to the availability of different samples. Therefore, before resorting to drawing up such documentation, it is necessary to go to the local authorities and once again familiarize yourself with the sample .
We do not recommend completing the documents yourself. Save time - contact our lawyers by phone:
8 (800) 350-29-87Moscow
Terms of consideration
The commission considers a disabled person's request for ownership of an allotment within 14 days . After two weeks, she will provide a solution to the issues that have arisen.
If there is a lack of documents, or any other errors in the preparation of papers, you will be given time to correct the situation and will be reviewed again.
If for some reason you cannot participate in the program, you will be notified.
If everything is done correctly and you can apply for a land plot, you will be invited to the administration again for a personal conversation and preparation of the necessary documents.
Registration of the contract
The land ownership agreement is drawn up in the administration.
Moreover, if we are talking about a disabled child, then the agreement is concluded with the legal representative.
If the disabled person is an adult, the contract is concluded with him or his guardian. In the contract, the two parties set out their requirements for each other , and also indicate information about the site.
In accordance with the agreement, a person bears rights and obligations regarding the land plot, so that he is subject to liability in the event that the person does not comply with the requirements specified in the agreement.
In turn, the administration guarantees that it will provide the person with the right to own the plot that was previously declared, in proper form and suitable for life.
Read more about how a land lease agreement is concluded with the administration!
What to do after receiving?
After receiving the agreement, which is drawn up in two samples, a person can own a land plot. A person has the right to build on it and engage in agricultural activities.
If this requires a transaction to alienate a plot of land, you first need to obtain permission from the administration. There must be compelling reasons for this.
If less than five years have passed since the land plot was received for use, it is unlikely that such permission can be obtained.
Is it possible to register an allotment as a property?
You can obtain ownership of a plot of land, that is, not only own it, but also use and dispose of the land. However, for this to happen, more than 5 years must have passed from the moment you became the owner, and you must also use the allotment properly. After this time, you can submit an application that you want to become an owner .
The administration will review your appeal and a commission will be created. If nothing speaks against you, then, of course, you will become the owner of your own plot.
Algorithm of actions for registration
To register a land plot as the property of a disabled person, after receiving it, it is necessary to collect the required package of documents.
Among the required documents:
- Statement. It is drawn up in the name of the Federal Authority for State Registration of Cadastre and Cartography.
- Copy of the passport.
- Cadastral passport.
- In addition, a paid receipt for payment for registration services is provided.
We do not recommend completing the documents yourself. Save time - contact our lawyers by phone:
8 (800) 350-29-87Moscow
Additional title documents are provided to the mandatory list, and in this case this is a document confirming the existence of the right to an allotment of land, issued by local authorities.
Payment of the state duty, namely its size, is determined based on the specifics of the basis for obtaining land ownership and its purpose. For individuals, this service costs 2,000 rubles and, based on the purpose of the land, from 100 to 350 rubles is added to two thousand.
When paying the state fee, you can use the Unified Portal for the provision of state or municipal services.
It is possible to contact the registrar at the MFC. In this case, all necessary collected documents are transferred. The owner receives a receipt from the employee. The next visit to the registrar is to obtain a certificate of title.
The procedure for registering land includes such time frames as 7-10 days.
Attention! The exact date of receipt of the certificate may be indicated on the receipt.
In any case, all procedures for registering a land plot depend on the individual characteristics of the situation.
Is it possible to sell it?
After you become the owner, you can dispose of the land . This means that you can alienate a plot of land, and at the same time, you do not need to obtain permission from the administration.
However, if you have not yet registered ownership of the land, but are simply its owner, then such an action is impossible due to the fact that, unfortunately, you do not have the full rights that would allow such actions.
Regional features
Each district has an individual program of social assistance for people with disabilities. It happens that it does not contain provisions on the provision of free land plots to this category of the population. In such a situation, you should complain about the district administration to higher authorities and go to court. The same applies to cases where local authorities do not allocate plots of land due to their absence, they should not refuse, but put a person on a waiting list until suitable land becomes available. You can independently find the plot of interest and contact the local administration to obtain it.
In addition to these nuances, an additional package of documents or certificates may be required; before submitting the application, you should clarify which documents need to be attached to the application.
VERY IMPORTANT: The issuance of land plots to incapacitated people and disabled children is a federal program and local authorities are obliged to implement it. The presence of land ownership previously acquired or inherited cannot be a reason for refusal to provide a free allotment.
Is there any monetary compensation?
Since land allotments are provided to disabled people completely free of charge, these persons cannot receive compensation due to the fact that they did not spend their funds.
But if a disabled person wants to register a plot of land as his own, and at the same time pay additional funds from his own pocket, then he can count on compensation.
For which persons there is not only a discount or preferential rate for depositing funds, but you can also return 13% of the funds spent in double the amount. This means that 26% of the amount will be returned to you.
Considering the fact that the state does not charge the full amount for the acquisition of a plot of land, but only a small part, the acquisition of a plot of land will cost a disabled person mere pennies .
If there are two beneficiaries in the family
If there are two disabled people in a family, then each of them has the full right to receive land ownership.
Therefore, if one of the parents is disabled and became the owner of a land plot, then the disabled child does not lose this right .
His parents or legal representatives can receive the land plot for him, or he will do it himself upon reaching the age of 18.
Terms of consideration
After submitting an application requesting the provision of a plot of land, the citizen awaits its consideration. The law allows no more than two weeks for this. After the specified period, the applicant receives a decision on placement in the queue or a reasoned refusal. In some cases, the waiting period can last up to one month.
If unexpected circumstances “emerge” during the review, then the administration is given no more than 45 days to clarify all the nuances and make a decision. The citizen must be notified of any extension of the deadline for consideration.
Watch the video. Free land for disabled people:
Is there free provision of land in Moscow and the region?
If you live in Moscow or the Moscow region, you should familiarize yourself with a number of features that accompany the acquisition of land in these regions.
The fact is that the number of land plots in Moscow and the Moscow region is negligible , and those wishing to receive them are only increasing.
Therefore, there is also a queue among the disabled, which moves in accordance with the land plots provided by the administration.
In addition, disabled people cannot participate in auctions to become sole owners. A special proposal is published for disabled people to take ownership of a plot of land , which does not interfere with the interests of other citizens.
Therefore, in order to understand which plot can be obtained as a property, it is necessary to carefully monitor the situation in the media.
Regional features
Each region has its own local regulations . This means that it is possible that depending on the region of residence, the rules for obtaining, the number of documents, as well as other points will differ.
Before making a final decision about collecting documents, you should be sure that you have read the information completely.
Purposes of using free land for the disabled
So, part of the land is provided to a citizen with health limitations if he declares his desire:
— build a residential building;
- start a subsidiary farm;
- start a garden or vegetable garden;
— install a garage, as well as other premises.
The created federal program guarantees respect for the property interests of every citizen who is considered socially vulnerable. In practice, this means that regional authorities can not only distribute plots among disabled people in need, but also provide them with subsidies, taking into account local orders and acts.
