Land plot for a young family: conditions for obtaining and necessary documents

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Published: 01/13/2017

Reading time: 9 min

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The difficult demographic situation in Russia is forcing the government to look for new ways to increase the birth rate and encourage young families.

One of the benefits provided to such families is the allocation of a plot of land, and in most cases free of charge.

More details about the conditions for obtaining a plot in this case, as well as the documents required for this and possible problems are discussed in more detail later in the article.

• Legislative regulation
• Conditions for receiving The family must be considered to have many children
• Children must be registered with their parents
• All family members must be citizens of the Russian Federation
• The age of the parents should not exceed the established limit
• The family must have no other property

Conditions for allocating a plot of land to a young family

To obtain a plot for building a house without bidding, the age of each member of a young family should not exceed 35 years. It is not necessary to have children; it is enough to comply with the following conditions:

1. Officially registered marriage;
2. Russian citizenship for both spouses;
3. Registration for at least 5 years in the same living space;
4. There should be no other land plots owned or leased;
5. The property must not have any other residential real estate (apartment, house, dacha);
6. Land is allocated for individual housing construction in the place of permanent residence and exclusively in the common equal shared ownership of the spouses;
7. The area of ​​the plot cannot exceed 15 acres (usually a plot of 10 acres is allocated);
8. Construction of the house should begin within a year. If the work was not started on time, the free allocation of the site can be challenged in court by the local administration (the owner of the site).

Reasons for refusal and possible problems

In some cases, based on the results of consideration of the application submitted by the family, the local government may reject it. However, it must be motivated, that is, have good reasons behind it. In particular, refusal will be legal for the following reasons:

Unreliability of data

For example, this may be revealed during the examination of the application and a thorough check of the documents or data provided. If they are given incorrectly, and the young family does not actually meet the requirements prescribed by law, the result of consideration of the application will be negative.

The fact of using the right to receive a plot

The opportunity to receive this type of real estate free of charge from the state is provided to a family only once in a lifetime, after which this benefit will no longer be provided.

The family has other land

In particular, if the mother or father owns another plot suitable for the construction of buildings, they will be denied another plot of land.

The local authority does not have a site with the requested parameters

For example, existing state or municipal real estate may not be available at the time of application at all or may not meet the applicant’s requirements (in terms of area, location, etc.). Such a basis for refusal will be quite legitimate.

One of the spouses owns real estate

For example, this could be a residential building, apartment or their shares, registered as the property of the father or mother. In this case, it is believed that their housing problem is not acute enough, so there is also no basis for preferential provision of land.

Lack of documents or their incorrect execution

In this case, it is generally unlikely that the citizen’s application will be accepted. But even if this happens, a further more detailed check will certainly reveal all existing violations.

How to get in line for a plot of land for a young family

Step 1 - submit an application to the MFC

In order for a young family to get in line for a plot of land to build a house, it is enough to write a corresponding application to the MFC “My Documents” (an application form and a sample form will be provided by an MFC employee). In addition, the MFC must provide:

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1. Passports of both spouses;
2. Birth certificates and copies of children (if available);
3. Extracts from the house register indicating the address and date of registration for both spouses;
4. Extracts from the Unified State Register of Real Estate for both spouses, which indicate that the applicants do not own real estate. Such an extract can only be ordered in person at the MFC with presentation of a passport.

Then the MFC employee checks the accuracy and correctness of the documents provided and registers the application. The applicant receives a receipt for documents indicating the date of consideration of the application (up to 30 days). If a positive decision is made, the applicant is put on a waiting list for the provision of a land plot.

Step 2 - wait in line

If the administration in whose territory you requested a plot has land that meets your requests, then you will receive notification of the allocation of the plot by registered mail. The notice also indicates the address of the site and its characteristics.

The applicant must inform 5 days in advance of his consent or refusal of the proposed site. The plot that the applicant is not satisfied with is transferred in turn to the next applicant.

How to choose a plot of land for building a house

Step 3 - sign a lease agreement with the administration

If the applicant agrees with the proposal, the administration prepares a lease agreement and sends it to the applicant. You have 30 days to review and sign the contract. Then the agreement is registered with the territorial body of Rosreestr.

How to independently register a lease agreement in Rosreestr

Required documents

The initial stage of obtaining a site is the preparation by interested parties of a package of necessary documents.

This package of papers includes:

• birth certificates of all children (originals or certified copies);
• passports of both spouses (either certified copies or originals are also needed to certify documents on the spot);
• an application drawn up according to the established sample (usually the sample can be viewed at the authority where the documents are submitted);
• power of attorney and passport of the authorized person, if he represents the interests of one of the parents;
• an extract from the house register (it contains information about who exactly is registered in the apartment or house and for how long);
• documents confirming that the applicant does not own other land plots.

This package of papers is basic, but depending on the situation, some other documents may be required.

An exact list of them should be requested in advance from the authority where the application will be submitted. The applicant cannot provide some of the necessary documents on his own; in this case, requests for their issuance must be made by representatives of the authorized body.

It is also worth considering that these documents must be prepared correctly and in accordance with all legal requirements. They must not contain any corrections or erasures. After checking the papers, the executor responsible for this must register the application and give the citizen a second copy with the appropriate note.

Actions in case of refusal

If, after contacting the MFC according to the scheme described above, you received a reply from the administration or encountered incompetence of employees, I suggest using the following options:

1. “Preliminary approval of the provision of a land plot” Art. 39.15 of the Land Code (the procedure and list of necessary documentation are indicated there) of the Russian Federation. Look on the public cadastral map for a plot of land from municipal property that is not registered in the cadastral register, for example, within the border of a cadastral quarter, remember its coordinates. Come to the administration and write a statement indicating the approximate location and area of ​​the land plot. Within a month, authorized employees of the land department carry out an inspection (whether the site belongs to any category, the presence of an owner, encumbrances or restrictions on use, etc.). If everything is in order with the selected land, you will have to carry out land surveying and establish the boundaries of this area, as well as register it with the cadastral register. After all these procedures, when the land acquires an identification number and status, you will be able to enter into a lease agreement with the municipality.
2. Rent of municipal land at auction. The official website of the administration of your municipal district contains information regarding the planned auction for the right to lease a land plot. It outlines the necessary procedure, as well as the necessary package of documents for drawing up an application. Search on the Internet for the regional law of your region on the turnover of land, the category you need, for example, individual housing construction, download or read, find benefits, as well as provisions on the provision of land plots to young families or simply families in need. If there is, then in the application for the provision of the land up for auction, refer to the law indicating your category.

Receiving algorithm

After collecting and completing all the necessary documents, the applicant must

contact the authority authorized to resolve such issues. Depending on the situation, this may be a local or regional government body (administration of a locality).

When submitting documents, the citizen must receive a second copy of his application with the appropriate entry on it.

This record usually contains the surname and initials of the executor who accepted the papers, as well as the date of application.

After submitting the application and all necessary documents, they are reviewed by the responsible person within the established period, which is 30 days from the date of application. As a result, the applicant receives either a decision to provide the site or a justified refusal to do so.

If a positive decision is received, the applicant may be registered, after which he will have to wait for a certain time for his turn, or be immediately offered a plot that meets his requirements.

If the result of the review is a refusal, then the citizen can challenge it in court within the period established by law.

Find out what state registration of a land lease agreement is. Foreign citizens arriving in Russia must undergo a temporary registration procedure. You will learn how to do it correctly here.

What factors determine the tax rate for an apartment? This is discussed in detail in our article.

conclusions

1. A young family can receive a free plot of land from the state only once and with the registration of equal shares in the property of all family members. An exception is land previously received for lease without allocating shares.
2. The refusal to allocate land can be challenged in court.
3. If, according to the application, the site is not allocated, the applicant may apply again.
4. A serious drawback of the program is the allocation of land in areas where there is no infrastructure necessary for normal life.
5. A young family must have money to at least build a foundation, based on the construction of which it will be possible to transfer the land from rent to ownership.

Legislative regulation

Such a benefit as free receipt of land is enshrined at the legislative level by a special law - the Federal Law “On the free provision of land to young and large families.”

The main purpose of providing such a benefit is to improve their living conditions, therefore the allocated plot must be suitable for construction.

Another important legislative act that regulates the conditions and procedure

free provision of land by the state is the Land Code of the Russian Federation.

In particular, individual articles in Chapter 5 of this document are devoted to the grounds and conditions for the provision of state and municipal plots to interested citizens, including representatives of preferential categories.