How to get a plot of land as a young family

In accordance with land legislation, certain categories of citizens in Russia may be granted ownership of land plots free of charge. The most common practice is to provide land to large families with three or more children. But in some regions, young families and other categories of citizens who are recognized as in need of improved housing conditions can also apply for land. In these cases, each subject of the Russian Federation establishes the procedure for issuing land independently. As an example, the article examines the rules for providing free land to young families in the Nizhny Novgorod and Voronezh regions.

Also, starting from 2021, citizens of the Russian Federation can take part in the state program “Far Eastern Hectare”, regardless of their age and marital status.

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On the basis of what legislative acts is this procedure carried out?

The economic entity managing the land must act in accordance with current legislation. Namely, articles 10, 11, and 33 of the Land Code of the Russian Federation. Additionally, the process is regulated by instructions establishing the implementation of state programs on the ground. One of them is the special program “Young Family”.

For more information about the basis for the provision of a land plot, read our article.

Latest changes in legislation

In recent years, the program to provide housing for young families has undergone some changes. In particular, according to Decree of the Government of the Russian Federation dated May 20, 2017 No. 609 “On Amendments to Certain Acts of the Government of the Russian Federation,” state subsidies cannot be used when purchasing housing from close relatives.

Also, from January 1, 2018, the implementation of the federal target program “Housing” will be terminated ahead of schedule, but this is a technical issue; instead of this program, the program “Providing affordable and comfortable housing and utility services to citizens of the Russian Federation” will begin to operate. It is in the new program that the opportunity to obtain a social mortgage at 6% per annum has been added. For recipients of this mortgage there are no age requirements for the applicant (can also be obtained by those over 35 years old).

These changes are part of government policy aimed at enhancing new construction and developing mortgage lending in Russia.

In 2021, the topic of revising the terms of programs is regularly raised in the media - for example, it was recently proposed to increase the age limit for families to participate in the “Young Family” program from 35 to 40 years old, however, things did not go further than talk.

But this problem is serious, for example, VTB Bank said that in the Far East there were cases of divorce: when one of the spouses reached 36 years of age and the family “dropped out” of the program, it was easier for the spouses to get a divorce

, and the youngest of them took out a mortgage for himself. But the conditions for participation in the program have not yet changed.

Types of land provided

The territories belonging to the land fund of the Russian Federation can be divided into several types. The criteria are intended and economic use.

Of these, two types of land plots can be distinguished, from which young families have the opportunity to obtain a preferential plot:

areas used for agriculture;
territories allocated to settlements and implying the construction of cottages and houses.

In the first case, land is provided if you plan to run your own farm.

In the second - if a family needs land to improve living conditions in the form of building their own house.

Calculation of the amount of social benefits

Social benefits are provided in an amount not less than:

30 percent of the estimated (average) cost of housing, determined in accordance with these Rules, for young families without children;
35 percent of the estimated (average) cost of housing, determined in accordance with these Rules, for young families with one child or more, as well as for single-parent young families consisting of one young parent and one child or more.

In the case of using a social benefit for the purpose provided for in subparagraph “c” of paragraph 2 of the Rules, its size is established in accordance with paragraph 10 of these Rules and is limited to the amount of the outstanding balance for payment of the balance of the share.

In the case of using social payment for the purposes provided for in subparagraphs “e” and “i” of paragraph 2 of the Rules, the amount of social payment is established in accordance with paragraph 10 of these Rules and is limited to the amount of the balance of the principal debt and the balance of the debt for the payment of interest for using a housing loan, for excluding other interest, fines, commissions and penalties for late fulfillment of obligations under these loans or borrowings.

The calculation of the size of the social payment is made based on the size of the total area of the residential premises established in accordance with paragraph 15 of these Rules, the number of members of the young family participating in the event of the departmental target program and the standard cost of 1 sq. meters of total housing area in the municipality in which the young family is included in the list of participants in the event of the departmental target program. Standard cost of 1 sq. meters of total housing area in a municipality to calculate the amount of social benefits is established by the local government, but not higher than the average market value of 1 sq. meters of total housing area in the constituent entity of the Russian Federation, determined by the Ministry of Construction and Housing and Communal Services of the Russian Federation.

The calculation of the amount of social benefits for a young family in which one of the spouses is not a citizen of the Russian Federation is made in accordance with paragraph 13 of the Rules based on the size of the total area of living premises established for families of different sizes, taking into account family members who are citizens of the Russian Federation.

The size of the total area of living space, taking into account which the amount of social benefits is determined, is:

for a family consisting of 2 people (young spouses or one young parent and child) - 42 sq. meters;
for a family consisting of 3 or more people, including, in addition to young spouses, one child or more (or a family consisting of one young parent and 2 or more children) - 18 sq. meters per person.

The estimated (average) cost of housing used in calculating the amount of social benefits is determined by the formula:

StJ = N x RJ,

Where:

N - standard cost of 1 sq. meters of total housing area in the municipality, determined in accordance with the requirements established by paragraph 13 of these Rules;

RZh - the size of the total area of living space, determined in accordance with paragraph 15 of these Rules.

The amount of social benefits is calculated as of the date of approval by the executive body of the constituent entity of the Russian Federation of lists of young families applicants for receiving social benefits, is indicated in the certificate of entitlement to receive social benefits and remains unchanged throughout the entire period of its validity.

How to get a plot of land as a young family

In order for spouses to be able to fall into the category of a young family and receive ownership of a land plot on preferential terms, several conditions will need to be met:

mandatory registration of marriage in the registry office. To do this, you will need to provide a copy of the marriage certificate.
Each spouse must be under 35 years of age. This is confirmed by copies of the identity cards of each partner.
To receive a building plot from settlement land, it is necessary that the family does not have its own home. It is also required that the family has the status of those in need of housing. The position must have official confirmation.
If you plan to obtain a plot on which you can run your own subsidiary plot, you must confirm the need to improve the financial status of the family.
The presence of three young children or the disabled status of one of the spouses are additional reasons for a young family to be placed in line to receive free landfill. If disability was acquired after registration, appropriate adjustments should be made.

The legislative framework

The right of a family to receive, under certain conditions, an allotment of property is established by the Land Code of the Russian Federation.
This norm came into force in 2011. It will also apply in 2019. The state does not plan to terminate this program in the near future. However, the relevant articles of the Land Code define only general provisions for the issuance of plots. Specific requirements for the family, set of documents, deadlines and space are established by local authorities independently.

Regulation occurs at the local level by the law of the republic, territory, region. This article will discuss the general provisions of land distribution of plots. When applying directly, the features characteristic of the city or region of residence of the family will need to be clarified with the administration of your locality.

How can a young family get a plot of land for free?

You can find out how to get land as a young family in one of the following ways. The first is to simply register by submitting an application to the local administration.

Then wait to advance in the queue, which in most regions moves extremely slowly. The second is to lease a plot of land for several years, build a house or utility room there, and then apply to buy the plot on preferential terms.

This will be available because the spouses will already have property on the site. And if in the first option the waiting time can be very long, then the second option allows you to shorten this period.

Thus, by observing these conditions, obtaining land as a young family will be much easier.

Application form for purchase of land. We do not recommend completing the documents yourself. Save time - contact our lawyers by phone:

8 (800) 350-29-87Moscow

We talked in more detail about how to get land for free here.

Our website discusses various cases and grounds for obtaining a land plot. Read about how land is provided to disabled people of groups 1, 2 or 3 and disabled children, as well as combat veterans. Our experts have also prepared material on how to obtain land for private plots on the Crimean Peninsula.

Where to contact?

The spouses should visit local government authorities, where they will advise how a young family can obtain land from the state. There you can also submit a jointly written statement to the responsible employees. In it, a young family asks to transfer a plot of land into ownership or on a lease basis to build a house.

An application on how a young family can receive land from the state for free can also be submitted electronically through the government services portal. According to the electronic interaction scheme, Rosreestr has the right to require documentation that was attached to the application.

What documents are needed for a young family to obtain a plot of land?

To obtain a plot of land, a young family will need to provide the following package of documents:

copies of the identity card of each family member, not only spouses, but also their children over the age of 14;
copies of children's birth certificates;
documentation confirming that the family does not own a plot of land;
an extract from the house register, which reflects information about the registration of each family member, including children, in the specified living space for a period of at least the last 5 years.

You can find out more about what documents are needed to receive a free plot of land in our article.

How to make an application?

When writing an application for how to obtain a plot of land for a young family, you should indicate certain information:

design a header in which to write down information about the head of the local administration, as well as the name of the locality. Plus indicate who is submitting the application and full passport details.
Specify the purpose of the appeal. For a young family - receiving a plot of land free of charge. Or purchasing land for rent for development or seasonal work.
Indicate the reason why the applicant can apply for a loan.
Reflect the specific reasons why the applicant should be given a land plot.
Add date and signature.

Sample application for the provision of a land plot free of charge. We do not recommend completing the documents yourself. Save time - contact our lawyers by phone:

8 (800) 350-29-87Moscow

Terms of consideration

The review period is determined by the local government body to which the application is submitted.

However, the general rules provide that the time frame for deciding whether a young family can receive a plot of land should not exceed 30 days (working days).

Depending on the region, this figure may be significantly reduced.

In the event that a decision is made, but the notification was not received within the established time frame, the family has the right to complain to a higher organization or court.

Registration of the contract

When a self-government body can provide a plot that meets the requirements of the applicants (spouses), they are sent a corresponding notification about the receipt of the land plot for the young family. It indicates the address and main characteristics of the site.

The young family considers the proposed option and must respond with consent or refusal to this plot within 5 days. If the proposed land is not suitable for the applicant, it is transferred to another applicant further down the line.

In the event that it is possible in the future to receive another plot, the applicant re-enters the queue, of which he must be notified.

Important! If the spouses agree with the sent option, they enter into an agreement with the self-government body to provide a plot of land free of charge to a young family for the construction of a house or to rent a plot for construction. The above agreement must be registered with the territorial office of Rosreestr.

Sample agreement for the gratuitous provision of land. We do not recommend completing the documents yourself. Save time - contact our lawyers by phone:

8 (800) 350-29-87Moscow

Far Eastern Hectare Program

In Russia there is a “Far Eastern Hectare” program, the operation of which is regulated by Federal Law No. 119-FZ of 05/01/2016. any Russian or participant in the state program for the resettlement of compatriots who is a foreign citizen or stateless person can receive land other requirements for age, number of children or financial status established . Land from the state can be obtained free of charge in the regions of the Far Eastern Federal District (FEFD):

The Republic of Buryatia;
Transbaikal region;
The Republic of Sakha (Yakutia);
Khabarovsk region;
Magadan Region;
Kamchatka Krai;
Amur region;
Primorsky Krai;
Sakhalin region;
Chukotka Autonomous Okrug;
Jewish Autonomous Region.

The area of the plot cannot exceed one hectare (10,000 sq. m) per person. Accordingly, a family of three will receive three hectares, a family of four will receive four, etc. You can even register land for a child.

The land is provided free of charge on the basis of a gratuitous use agreement for 5 years . After the specified period, the site can be registered as a property or long-term lease. You can apply for a hectare through local authorities, the MFC or on the official website of the program nadalniyvostok.rf.

What to do after receiving?

After the land is received, the young family must begin to use the plot for its intended purpose. Otherwise, it may be interpreted by government agencies as there is no real need for land.

As a result, the site may be seized. It is advisable to immediately begin construction or begin work on the site to improve the well-being of the family.

Is it possible to register such land as property and how to do it?

An order for a young family to receive land is considered a document of title, on the basis of which a land plot can be registered as a property.

Land plots provided to young and large families are not included in the list of special purpose plots that are prohibited from being registered as one’s own property.

In order for everything to be legal, you should register your property rights with Rosreestr. To do this, you will need to collect a certain package of documents, which includes:

document confirming land ownership;
a receipt confirming payment of the state duty;
cadastral plan of the land plot;
application for state registration in the Rosreestr of land ownership rights;
passport or other identification document of the applicant.

Attention! The registration procedure will take no more than a week if you have all the previously prepared documents on hand. In the absence of a cadastral passport, you will need to carry out a land survey and order the document from the State Property Committee, and if it is lost, order its restoration.

Application form for state registration of land ownership rights. We do not recommend completing the documents yourself. Save time - contact our lawyers by phone:

8 (800) 350-29-87Moscow

Is it possible to sell such land?

In cases where the land is not owned by a young family, it is impossible to sell it. The rule here is that the tenant does not have the right to dispose of the leased property.

If the property has already been registered and the young family has minor children, additional nuances arise. It is worth considering that the land received under the state program will be in shared ownership of all family members.

Consequently, when trying to sell the plot, the family will receive close attention from the guardianship and trusteeship authorities. Parents will need to ensure that their children’s rights are not violated during the operation on the memory. It will be necessary to either purchase real estate with conditions no worse than they were, or provide other compensation of the appropriate amount.

conclusions

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.
The refusal to allocate land can be challenged in court.
If, according to the application, the site is not allocated, the applicant may apply again.
A serious drawback of the program is the allocation of land in areas where there is no infrastructure necessary for normal life.
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.