Allocation of land plots to combat veterans: conditions for obtaining, registration procedure, whether there can be a refusal to provide and how to appeal it

Combat veterans deservedly enjoy many privileges and benefit programs.
The state cares about their well-being and annually improves the assistance program.

The allocation of land plots to combat veterans is part of the program; in order to take advantage of it, you should know what laws govern the process and on what grounds the land is allocated.

The legislative framework

The main law regulating social assistance to veterans is Federal Law No. 5 “On Veterans” of 1995. However, it does not contain any words regarding the allocation of land, which means that this issue is regulated by local administrative regulations.

On the State Services website page you can find a link to the following laws governing this process:

Civil Code of the Russian Federation of 2012;
RF Land Code of 2001;
Constitution of the Russian Federation of 2012;
Federal Law No. 137 of 2001, regulating the implementation of the Land Code;
Federal Law-218 on state registration of real estate;
Federal Law-221 on the state real estate cadastre.

In addition, each region has its own administrative regulations. Therefore, if you decide to receive land on the basis of social support for veterans, you should initially clarify the issue with the local administration.

Required documents

The following documents will need to be provided to the Municipal Administration or the Federal authorities that own the land:

application for a free site;
Russian passport;
passports and birth certificates of family members;
certificate of family composition;
certificate of marriage or divorce;
combat veteran certificate;
a certificate from the BTI confirming the absence of property in the property;
conclusion of a medical and social examination on the assignment of disability.

Categories of citizens and conditions for obtaining land

Before contacting the administration, you should find out whether a particular person is related to categories with the status of a WWII veteran.

According to Law No. 5 “On Veterans”, these categories include:

sappers who cleared mines in the country after the Second World War;
persons who participated in hostilities as part of the armed forces of the Russian Federation and the USSR;
military personnel who participated in military operations in Afghanistan;
military and service personnel who participated in the war on the territories of other powers;
participants in international military conflicts, which are included in the law as a separate list.

Families of military personnel killed in the performance of duties falling under these categories also have the right to the site.

It is not enough to be part of any category; in addition, the following conditions must be met:

live in a region in which there is a desire to obtain land for a certain period, usually this period lasts at least 5 years”;
have housing grounds (non-compliance with standards);
not be the owner of the land on which a house can be built.

Important! If there are grounds based on the above standards, you can prepare documents to request land.

Land benefits

There are a number of other benefits that are available to combat veterans.

If it is not possible to obtain land, then this category of citizens can exercise the right to preferential entry into country or garden, gardening and garage, housing and housing-construction cooperatives.

This right is enshrined at the federal level , so combat veterans can exercise it at any time.

Not only those who have not received land plots for construction, but also those who are in line for them, as well as those who have already received them, can exercise their right to join cooperatives.

Nuances

Each region creates its own land allocation algorithm.

However, in general terms we can highlight the main stages to be completed:

The process of granting land is an application process, that is, the necessary package of documents is accompanied by an application. It is compiled not only by the administration, but also by Rosreestr.
Initially, you should find a free plot; for this you can use the public cadastral map.
The application should indicate that this particular site is of interest. Such independent determination of the desired territory is possible in some cases, but often the administration displays land prepared for privatization on the official website.
After receiving permission, you should prepare documentation, draw up a diagram and highlight it on the general plan of the territory.
Next, contact Rosreestr in person or through the MFC with a package of documents consisting of:
Identity cards.
Veteran's certificates.
Site layout diagrams.
If necessary, other technical documents.
Having received approval, you can begin to survey the site if its boundaries have not been previously identified.
Next, contact the administration in whose department the site is located with: a passport, an application, cadastral and technical documentation, approval.
If the municipality approves the request, the veteran will receive title documents to the land.

The final stage is the registration of your own rights in Rosreestr.

Important! The plot is not always provided free of charge; there are often cases when the municipality offers lease with the right to purchase according to the cadastral value of the property or free of charge.

Procedure for obtaining an allotment

The procedure for obtaining land by a veteran is standard when registering a land plot.

An exception is the case if a potential applicant for land is in the appropriate queue, including among the same beneficiaries as himself.

The Land Code of the Russian Federation in Chapter 5.1 regulates the procedure that must be carried out in order to obtain land and defines the following stages:

Selection of the most suitable site for the stated requirements.
At this stage, the entire range of sites that are presented to choose from is studied in order to determine the most suitable option, taking into account all the requirements that the potential recipient places on the future site. Regardless of whether such a recipient is in line for a preferential land plot or not, the right to choose is enshrined at the legislative level.
This choice can be made by studying the public cadastral map, which shows all the vacant land that can be purchased. In addition, information about those plots that can be obtained is posted on a specialized website of the authorized body for the disposal of existing real estate by municipalities or a federal subject.
Contacting a specialized body state authority of a subject of the federation or a municipal entity (in Moscow, such a body is the Department of City Property, in the Moscow Region - the Ministry of Property Relations) with an initial application for the provision of a land plot.
Such a statement indicates the data of the selected plot and contains a request to check the possibility of obtaining it (such a check will include clarification of information about the availability of the selected plot for obtaining free of charge or acquisition through purchase through redemption, the presence of any encumbrances on the plot that could create redemption restrictions).
Read more about the preliminary approval procedure for the provision of a site here
Preparation of cadastral documents for the site, as well as land surveying.
Such actions will be necessary if the site has not previously been registered in the cadastral register or its boundaries have not been determined. Without cadastral documents, as well as without a boundary act establishing boundaries, it will be impossible to carry out any legally significant actions with the site, since such actions necessarily require their registration with the assigned cadastral number indicated in the received title documents.
Drawing up a basic application for the provision of a land plot or carrying out measures to purchase it.
It is sent to the same government authorities as the initial application. This option will need to be accompanied by a certain list of documents confirming the right to receive land or (if any) to use the preemptive purchase of the site.
Concluding a land purchase and sale agreement or obtaining a corresponding act from the head of a government agency on the provision of a land plot.
In the event that a plot of land is purchased through an auction, it must be remembered that the conclusion of the corresponding agreement will take place only on the basis of an auction and based on the results of the protocol of the results of such an auction signed by all participants.
State registration of ownership of a land plot.
Such registration is carried out by the Rosreestr authorities with the issuance of the corresponding certificate of ownership within a period of no more than ten days from the date of submission of all necessary documents. Currently, the submission of such documents is carried out through MFC branches on a territorial basis (that is, through the branch to which the registered site is located).

Important! If a combat veteran can count on receiving land on a preferential basis, the entire algorithm increases by one step, which will be registration in such a queue.

List of documents

The issue of providing plots to participants in hostilities is significant for the state, since for the most part it implies either a gratuitous transfer or a sale without bidding, that is, with the price determined based on the cadastral value of such a plot.

That is why it is necessary to prepare all the documents that can be used as evidence of the right to such a preferential acquisition. Such documents will include:

identification documents of the applicant (necessary to identify who is submitting documents and minimize the risk of fraud);
a veteran’s certificate or other document that can confirm the applicant’s status, as well as his membership in preferential categories of citizens who have the right to receive land, including on a free basis;
cadastral documents for the plot, which were drawn up to confirm the legality of the transaction or transfer of the plot on the basis of the Resolution of the head of the authorized body for the disposal of real estate and land administered by the state;
documents confirming that the applicant for the plot does not have any restrictions on the acquisition of land (for example, that he does not have housing or other land plots).

In rare cases, if this is stipulated in the legislation at the municipal level or at the subject level, additional documents may be required, for example, a certificate of family composition, documents confirming the deadline for registration as part of the queue for preferential receipt of land, etc.

Application requirements

An application for the provision of land is considered the main document , which is considered first and on the basis of which a decision is made on whether to provide the land to the applicant or not.

More detailed information on making such an application is available here

Article 39.15 of the Land Code of the Russian Federation formulates the basic requirements that must be taken into account when drawing up an application for initial approval of the provision of land, as well as in the text of the main application:

The name of the body to which the application is sent, as well as the details of the head of such body (since the response will be prepared specifically with the signature of such a head).
Applicant details (with a detailed breakdown of all passport data).
Information about the site (cadastral data, address of the site, its area and location).
The type of right under which the applicant wants to use the site (ownership, lease, permanent perpetual use).
The purposes of the acquisition and further use of a specific land plot.
The applicant’s coordinates (at which the applicant can be contacted if an appropriate decision is made, for example, to proceed to the execution of a purchase and sale agreement).

In the event that the applicant has information that a specific site was previously withdrawn from circulation, and he can indicate the specific data of such a document, they must also be included in the text of the document.

We do not recommend completing the documents yourself. Save time - contact our lawyers by phone:

8 (800) 350-29-87Moscow

Deadlines for issuing land

Receipt of land by combat veterans refers to the standard procedure for the provision of plots to various categories of citizens, therefore the time frame within which the plot will be transferred to the applicant or the bidding procedure will be assigned is defined in Chapter 5.1 of the Land Code of the Russian Federation.

Thus, after submitting an application for preliminary approval of the possibility of providing a land plot, the authorized bodies are given a period of ten days to study the submitted application and the documents attached to it to determine the compliance of the application (including the presence of everything necessary to identify the identity of the applicant, as well as the plot in question). information).

If all requirements for filling out the application are met in full, the application is sent for detailed consideration in order to determine the possibility of providing a specific site . For such consideration, Article 39.15 of the Land Code allocates a period of thirty days from the date of submission of the application by the applicant.

In the event that the application must be granted, the applicant is notified in the manner that he indicated in the text of the document. From the moment of such notification, either the preparation of the bidding procedure or the draft purchase and sale agreement begins.

If the plot is transferred through a public auction, then within 10 days information about the auction must be posted in the media authorized to publish such announcements . If no other applications are submitted within thirty days from the date of publication of the information announcement, the auction is declared invalid and a contract is concluded with the applicant.

Chapter 5.1 of the Land Code allocates no more than thirty days for the preparation of an agreement for authorized bodies. During this period, all provisions of the agreement must be agreed upon and signed by the participating parties.

After signing the lease agreement or receiving the original Resolution of the head of the authorized body, an application for registration of the land plot along with the title documents for it is sent to the Rosreestr authorities within no more than ten days. After ten days, you can pick up a certificate of title to the land plot .

Can they refuse to provide it and why?

If the administration has valid reasons for refusal, a written official document is drawn up indicating the reason for the refusal.

There may be several reasons:

the applicant previously made a similar request and received approval;
the applicant is deregistered as a veteran by the department;
the applicant has no grounds for receiving the land free of charge;
a complete package of documents has not been provided, in this case it is enough to prepare the missing papers and apply again;
the veteran applied to the administration in whose territory he is not registered;
a veteran’s application to several municipalities at once or registration in several administrative regions;
the veteran owns a plot of land or the living conditions of him and his family members are satisfactory.

In addition, the validity of the lease agreement with the right to transfer the site free of charge into ownership may be suspended if:

the land is not being used properly according to its intended purpose;
there is no proper care for her;
capital construction has not started during the period of validity of the lease agreement;
clauses of the agreement were violated by the veteran.

How to appeal a refusal?

According to judicial practice, a refusal is lawful and reasonable if the municipality does not provide such a benefit or the applicant does not need to improve living conditions. In this case, the refusal is undeniable.

Reference! Other reasons for refusal are disputed and, if they exist, you can safely go to court.

To resolve the dispute, you will need qualified legal assistance. The specialist will initially help with drawing up a complaint to the prosecutor’s office about the actions/inactions of officials.

If the prosecutor's office does not help, he will file a reasoned claim in court. The document will describe the situation in detail, attach the administration’s refusal and the response from the prosecutor’s office.

The claim must include references to regulatory documents and the plaintiff’s requirements regarding the desired resolution of the problem.
It also contains a list of attached documents. Here it is important to use as much documentary evidence as possible of the illegality of the administration’s actions and one’s search for justice.

After collecting a complete set of documents, the claim is transferred to the judge’s secretary, who will examine it and initiate the opening of the case. If the documents are not complete or little evidence of violation of rights is provided, the claim may be returned for revision.

To avoid such situations, it is better to provide yourself with the help of a professional lawyer who will not only prepare a claim package, but also represent the client in court or provide detailed instructions on how to independently participate in legal proceedings.

Registration of ownership

Neither the Land Code of the Russian Federation nor the Federal Law “On Veterans” imposes any prohibitions on the registration of ownership of a plot received from the state.

The only caveat contained in Chapter 5.1 is that the site can be registered as ownership if the purposes of its use require it , and also if all the conditions for registration of ownership defined at the legislative level are fully met.

In order to register the received land as ownership, the veteran must contact the same body where he previously wrote an application for the provision of a plot, with a request to register the allotment as a property on the basis of current legislation by writing an application.

In the text of the petition it will be necessary to indicate on the basis of what conditions such a requirement is being made (for example, the plot was taken for permanent, indefinite use for individual housing construction, and after three years a house on the plot was erected and registered accordingly as the property, therefore the requirement for registration ownership of land will be absolutely legal).

Within thirty days from the date of submission, the application for the provision of land plots to participants in hostilities must be considered, and based on the results of such consideration, an appropriate decision must be made. Based on the decision made, the land plot is registered as a property and the corresponding certificate of title is obtained from the Rosreestr authorities.

Possibility of selling the allotment

We figured out how to get land for a veteran of military operations and the Second World War. But is it possible to sell the plot? If we talk about the possibility of sale, then it is only available upon registration of the allotment.

Attention! If the plot was registered in Rosreestr specifically as the immovable property of its recipient, then you can do whatever you want with such a plot: sell it, donate it, leave it as an inheritance, etc.

If the plot has not been registered and is in the possession of a veteran, for example, on the right of permanent, unlimited use, then there can be no talk of selling such a plot, but it can be leased or left by inheritance.

However, there is a gap in the current land and civil legislation, thanks to which the site can be sold. This gap includes the fact that if a plot is sold together with a house located on it, then the existence of a formal title to the land is not necessary , since the plot and the house are a single whole.

If we are talking about a land plot located within the framework of a horticultural-non-profit partnership or other association in which a plot is allocated, then within the framework of such an association the sale of the plot can only occur if it is registered as property in accordance with current legislation.

Financial compensation

The Federal Law “On Veterans” in Article 16 determines what benefits a combat veteran can receive.

In paragraph 3 of part 1 of this article, the legislator states that a combat veteran, provided that he registered before 2005, can count on receiving housing if he confirms the need to improve existing living conditions.

In the event that there are no apartments and the queue is moving very slowly, in accordance with the established procedure, such a person is provided with land , if at the same time it is possible to obtain an allotment for the construction of his house.

Here are the details of obtaining land for building a house

However, there are often cases when the acquisition of land is postponed indefinitely due to the large number of applicants. If such an option exists, the authorized bodies may offer an option with monetary compensation.

The amount of compensation should be calculated in proportion to the housing for which the veteran must apply , or the land plot, provided that the amount of compensation will be equal not only to the cost of the plot, but will also allow the construction of a house on it to ensure quality living conditions for the petitioner.

Deadlines for land allocation

The administration is given about one month to make a decision after receiving the application and the required documentation package. The results are issued in paper form and are considered valid for two months.

If the application has been approved, then you will then need to transfer it to the cadastral engineer, who, after carrying out the necessary work, will draw up a plan for allocating the plot and add the applicant to the queue. If there are several applicants for a specific plot at once, then consideration of these applications will be suspended.