In order to improve the living conditions of people with disabilities, the state allocates them land plots.
The right applies to people with disabilities of all groups. This category raises many questions before registration.
Why is land provided to disabled people? Is it possible to engage in agriculture or is the plot intended only for building a house?
What are the conditions for obtaining a plot and how to properly prepare the necessary documentation? All answers are in the article.
Legislative regulation
The provisions of the Land Code state that citizens have equal rights to acquire a plot of land - for rent or registration in possession. But if a person with disabilities claims land, he has the right to receive priority land rights.
The main legislative act regulating the procedure is Federal Law No. 181 of November 24, 1995. Article 17 of the law guarantees people with disabilities the right to priority receiving territories. Article 333.33 of the Tax Code exempts persons with disabilities from paying the fee.
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.
Conditions for allocating plots
Despite a person’s disability, the plot is not given to him free of charge; he must also meet the requirements. The terms of provision depend on local legislation, but there are also federal ones.
Reference! Any citizen with a disability group (1, 2 or 3) can take advantage of the benefit. How the group was assigned to him, how much time has passed, does not matter. Provided once.
Conditions:
- being registered by the municipality as in need of improved living conditions;
- use of the territory for its intended purpose;
- the disability must be “permanent”;
- failure to use benefits previously.
If the group is assigned temporarily, the administration makes the decision to provide the site independently, taking into account the diagnosis and financial condition of the citizen.
Land is issued within the city , but if there are no free territories, the administration has the right to offer an option in another area.
A disabled person or a member of his family has the right to independently choose an allotment and provide an administration employee with a diagram of its location and an application.
First, the plot is leased with the conclusion of an agreement. After construction work (within three years), the land can be registered as ownership. If construction deadlines are missed, the disabled person loses the right to a free allotment.
People with disabilities have the right to receive territory on preferential terms - without participating in tenders. The municipal government has the right to establish additional conditions for obtaining an allotment.
There should be no encumbrances on the allocated territory, the boundaries must be clearly defined. If they are not installed, it is necessary to carry out land surveying and register the landfill. To obtain real estate, a disabled person is required to submit an application and a package of documentation.
Note! No monetary compensation is provided in return for the site.
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
For what purposes is the land allocated?
The citizen has the right to use the received land for:
- construction of a summer house or residential building;
- gardening, gardening;
- running a personal subsidiary plot;
- construction of utility rooms.
It is prohibited to engage in farming or other profit-generating activities.
Government officials have the right to check the intended use of the allotment after three years. If the territory was not cultivated or was used for other purposes, the right to provide an allotment is canceled.
The intricacies of obtaining land for individual housing construction are detailed in the video:
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.
Receipt procedure
To obtain free land, you must contact the executive authorities at your place of residence.
The procedure includes the following steps:
- Collection of a list of documents.
- Submitting them to the municipal administration.
- Waiting for a decision.
- Obtaining permits for registration of rights.
There is no state duty. The allocated plots must undergo a land surveying procedure and be registered with the Cadastral Service.
Reference! The right to receive an allotment can be used once. An exception is the cessation of existence or deterioration of a previously acquired territory for reasons beyond the control of the owner. In exchange, the disabled person is given another plot.
To transfer an allotment, federal (municipal) authorities enter into a lease agreement with a citizen, which specifies the type of transfer.
Collection of documents
To exercise your rights to receive an allotment, you must collect a certain package of documents.
It includes:
statement;- passport;
- TIN;
- papers confirming disability;
- income certificate;
- certificate of family composition (with attached copies of passports and birth certificates of minor family members);
- registration documents.
Attention! If a representative is handling the documents, a notarized power of attorney will be required.
Submitted in person, electronically or through a social security worker caring for a disabled person.
Compiling and submitting an application
To exercise the right to receive a loan, a disabled person (authorized representative) must write an application addressed to the head of the administration of the area of residence.
There is no standard form provided - it is drawn up in free form, by hand or in printed form. The text of the application should be in the form of a request, not a demand.
The main part of the document contains:
- an indication that the applicant belongs to a socially vulnerable group of the population and has a disability group (the date of examination is indicated);
- the reason for the occurrence of financial difficulties;
- a request to provide territory without a queue;
- intended use of the memory.
The application is submitted to the local administration in person, through the principal.
Queue monitoring
There are several ways to track a queue. The first is a personal appeal to the administration.
Procedure:
- Preparation of documents (passport, certificate (statute) of participation in the program, application with a request to announce the serial number in the queue).
- Visit to the district administration.
- Filing an application.
The administration must respond within two weeks. The answer is collected in person, by mail. The method is indicated when submitting an application.
The second option is online viewing. You need to go to the administration website, find the appropriate section with the name of the program, and download the file. The list will indicate the serial number.
Important! If the administration is far away, a disabled person can contact the MFC.
What is the deadline for response and registration of the loan?
The review period is 2 weeks. If the application is approved, the disabled person will be invited to the administration to conclude a rental agreement. The document describes the requirements for both parties and provides information about the site. Drawed up in two copies.
After concluding an agreement, a disabled person has the right to own the territory: erect buildings, engage in agricultural activities.
Despite the established period for reviewing documents, authorized bodies have the right to postpone making a decision, but for a period of no more than 30 days . The disabled person is informed about the extension in writing.
After the agreement is concluded, the house must be built within three years. This is the main condition for further registration of ownership of the land plot.
Package of documents
In order for the application submitted by a disabled person to be accepted and properly considered, it is necessary to collect a complete package of documentation. So, you will need to provide the following:
Identity document (passport) - original and photocopy provided;- certificate from the place of registration;
- individual tax number;
- certificate of disability (MSEC). It is worth noting that no other forms of certificates prescribed by attending physicians, etc. are not taken into account. It is also worth paying special attention to the fact that this certificate has a limited validity period (except for cases where the disability group is assigned for life) and you need to make sure that you submit the application while it still has legal force;
- disability certificate.
Is it possible to register land as a property?
The state allows the registration of a plot of property, provided that more than 5 years have passed since the receipt of rights to it, and the plot has been used for its intended purpose.
In some regions, a mandatory requirement is the presence of a registered residential building on the land in order to be able to register ownership.
After the required period has expired or the building has been erected,
the citizen must submit an application for the transfer of rights and documents:
- copy of passport;
- cadastral passport;
- a document confirming the existence of rights to land (usually a lease agreement);
- receipt for payment of registration services.
The cost of services is 2000 rubles. for individuals. After submitting the documentation, the applicant is given a receipt.
Reference! The document may indicate the exact date of receipt of the USRN extract containing information about the new owner. The procedure lasts up to 10 days.
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 .
What to do in case of refusal?
In case of refusal, the administration must notify the disabled person in writing.
Main reasons for application rejection:
- providing incorrect information;
- the right to receive land plots has been used previously;
- an incomplete list of documentation was provided;
- lack of land of the desired parameters.
The appeal procedure depends on the reason for the refusal.
If the application was completed incorrectly or with errors, you are allowed to rewrite it and resubmit the application. If the application is refused due to an incomplete list of documentation, it is necessary to provide the missing certificate. The administration employee will indicate which one in the notification.
Repeated application for benefits is a legitimate reason for refusal . An exception is the destruction of the site for reasons beyond the control of the disabled person.
If the provision of a land plot is refused illegally, a citizen has the right to go to court. The deadline for appeal is 3 months from the date of the decision. The citizen must file a complaint, attach documents and a written response from the administration.
Note! If the claim is approved, the administration is obliged to provide the territory within the period established by the court.
Can they refuse?
If a disabled person and a family with a disabled child were given, in their opinion, an unreasonable refusal, they can apply again within 1 month, collecting the missing documents, eliminating errors, or contact the judicial authorities within three months.
Cases of lawful refusal:
- the disabled person has already received a plot of land;
- the information contained in the documents is not true.
In these cases, it is useless to go to court; the decision will be made in favor of the state.
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:
The essence of land programs for disabled people of groups 3, 2 and 1
Programs of this type are developed at the federal, regional and local levels. Governments of all types are developing a broad legislative framework to regulate and protect the rights of people who have received the status of disabled people in the Russian Federation.
One of the directions for citizens with disabilities is obtaining ownership or use of a land plot without time limits, regardless of whether the person is disabled group 1, 3 or 2.
To transfer land, an authority at the federal or subject level must enter into a lease agreement with a citizen, which stipulates the type of transfer of land (ownership or use). The land is transferred from a fund that is appropriately owned.
Disabled people who have received a land plot have the right to use it to achieve one of the following purposes:
- farming of a subsidiary type;
- construction of a residential building or cottage;
- planting a vegetable garden or garden;
- construction of a garage.
