Garden area for the disabled. Rules for granting land plots to disabled children. How long does it take to review

The transfer of land allotments from state or municipal authorities to the ownership of citizens usually occurs through the citizens of such allotments after the holding.

The exception is citizens with disabilities, for whom preferential provision of land plots from the state is provided.

The conditions for the free provision of land depend on regional legislation, but there are also general federal rules.

The procedure for granting land allotments to persons with disabilities is regulated by the Federal Law “On the Social Protection of the Disabled…” dated 11/24/1995.

According to this law, persons with disabilities have the right to receive an allotment of land for various goals out of turn on preferential terms - free of charge or at a reduced price. The Decree of the Government of the Russian Federation “On the provision of benefits to the disabled ...” states that the conditions for obtaining land plots for the disabled are regulated by regional legislative acts.

For most subjects of the federation, an applicant applying for a free allotment of land must:

Have a disability group confirmed by the ITU;
Have the citizenship of the Russian Federation;
Be capable;
Live in the region where the land was received for the last five years.

It is important to know that the disabled people of the first, second and third groups can receive land plots on equal terms.

In the event that a disabled person was recognized as incapable, then only his relatives and / or guardians can apply for a land plot in the interests of such a disabled person.

It must be remembered that regional legislation allows people who have a permanent residence in such a region over the past five years to receive land plots free of charge, this fact must be confirmed.

Depending on the needs of the disabled applicant and the land resources of the subject of the federation, land plots can be provided for housing construction, employment, or for building a garage within the city.

Such plots are allocated from the lands of the corresponding category and having the necessary purpose.

For most regions, there are certain smallest areas of land allotments allocated to persons with disabilities, depending on the purpose of the allocation:

Allotments for maintenance - from 15 acres;
Allotments for building a house () - from 10 acres;
Allotments for gardening with the construction of a house - from 12 acres;
Plots for building a garage or gardening without the construction of residential buildings - from 4 acres.

Depending on the legislation of the region, the minimum area may vary slightly, but cannot be less than four acres.

The procedure for obtaining an allotment of land

To receive a free allotment, a person with a disability should apply to executive authorities at the place of residence with an application, attaching the necessary documents to it.

If the applicant is unable to move independently, the application can be completed electronically through or invite a social worker to the home to assist in completing the application and submitting it to the authorities.

Drawing up an application and preparing documents

There are no standard state-approved forms for applying for a land plot by a disabled person, therefore such an application is written in free form.

In the upper right part, the full name and position of the person authorized to receive such applications are indicated, as a rule, this is the head of the land committee of the local administration.

The main part of the application consists of three parts:

descriptive;
motivational;
Resolutive.

In the first part, the applicant needs to introduce himself, briefly describe his situation and needs.

It also indicates the purpose for which the applicant needs a plot of land (building a house, growing vegetables, etc.).

In the motivational part, it is necessary to give arguments on the basis of which the applicant plans to receive a land allotment.

Here you can refer to both regional legislation and the law “On the Social Protection of Disabled Persons ...”, as well as indicate the applicant’s disability, confirming it with the attached documents.

In the operative part, it is necessary to formulate a summary of the applicant's request. For example, "taking into account the above facts ... I ask you to allocate to me a plot of land of such and such parameters for such and such purposes."

At the end, you must put a personal signature with a transcript, as well as the date of the application.

The following documents must be attached to the application:

Certified copies of all pages of the passport;
Extract from the house management on the date of permanent registration;
A certified copy of the TIN certificate;
Certificate of the presence of a disability group issued by the ITU;
Compiled statement.

When applying in person, it is enough just to present a passport and TIN, certified copies are needed when applying remotely (through a social worker or a legal representative by proxy).

The procedure for obtaining an allotment

The general sequence of events and necessary actions on the part of the applicant to obtain a plot of land contains the following points:

A citizen with a disability prepares the necessary documents and writes an application for a land plot;
The application is delivered to the land committee of the local executive authority by the applicant himself, the applicant's legal representative or a social worker;
The Land Committee accepts the application and creates a commission to verify the applicant's data and the submitted documents;
The application is considered and the data is verified (up to 30 days);
The commission makes a decision on granting a land plot for ownership, lease or refuses to grant such an allotment.
In case of refusal, the applicant must ask the commission to indicate the reasons for the refusal in writing in order to possibly eliminate such reasons and resubmit the application;
In the case of granting a land plot to the ownership of the applicant or his representative, a document is issued confirming the right to a land plot, according to which a certificate of ownership will be received from the Rosreestr authority;
If the applicant indicated the purpose of obtaining the allotment is the construction of a house, then first a plot of land is given out for free rent, and the applicant must begin construction within three years from the date of signing the lease agreement.

The construction must be completed within 10 years, after which the land becomes the property of the applicant.

Often, executive authorities refer to the lack of allocated land plots within the municipality and suggest that the applicant himself find a free plot and make its surveying and allocation of boundaries, but in relation to persons with disabilities, this practice is illegal, all work on finding a plot, and allocating boundaries when providing allotments of land for the disabled should be made at the expense of local authorities and authorized budgetary organizations (BTI).

If, when granting a plot of land for rent, a disabled applicant does not start building a house within three years, then the lease agreement is terminated, and the applicant loses the right to receive a free plot of land, so it is necessary to correctly assess your financial capabilities before drawing up a free lease agreement.

In most regions, there are preferential conditions for the purchase of building materials for the disabled.

Upon completion of the construction of the house and putting it into operation, the tenant of the land allotment submits documents on the completion of the construction of the house to the land committee for registration of ownership of the leased allotment.

The presence of false data in the application;
Repeated application of the same person for the provision of a plot of land;
Invalid set ;
Lack of lands of the declared parameters from the executive authorities.

The latter reason is listed as the reason for refusal most frequently.

It is important to remember that the proposal of the administration to relocate a disabled person to a stationary institution remains entirely at the discretion of the person with a disability and his relatives, the refusal of such relocation cannot be a reason for refusing to provide an allotment of land.

An attempt to replace the provision of a free site with relocation to state-run special institutions for the disabled may be considered a violation of the rights of persons with disabilities.

Each person with a disability has the right to use the right to a free allotment of land only once in his life, but if such an allotment has ceased to exist or has become unusable for reasons beyond the control of the disabled owner, then he has the right to receive another plot to replace the lost one.

These reasons include:

Sat down;
Landslides;
floods;
Earthquakes;
Environmental disasters.

It should be remembered that the fact that the applicant with a disability owns a plot of land is not grounds for refusing to provide a plot, since the applicant has the right to a free allotment, not based on his need for such an allotment, but based on the very fact of having a disability.

So, in order for a disabled person to receive a plot of land for free, you need to contact the local government and write an application personally or through a legal representative, and after consideration, the disabled person will be given a plot of land for rent or ownership, depending on the purposes for which the land is requested.

The probability of granting an allotment depends on the thoroughness of the preparation of documents, care when writing the text of the application and the availability of free land owned by local authorities.

The Law “On the Social Protection of the Disabled” dated November 24, 1995 No. 181-FZ provides for the right of such citizens to receive a land plot for individual housing construction, farming or gardening in the first place. But in order to exercise this right, a number of conditions must be met and certain procedures must be followed.

Let us consider how the provision of land plots to people with disabilities takes place and what difficulties may be encountered in this process.

Grounds for allocating a land plot to a disabled person

Conditions for the allocation of land plots to the disabled

The allocation of land plots from the land fund owned by local governments or the state takes place in the order of priority from citizens who have the right to receive land in an extraordinary manner. Both citizens with disabilities themselves and their parents, guardians or adoptive parents can get into it.
The allocation of land is made into ownership or long-term lease. The second option involves the possibility of acquiring ownership of the site in the future. The form of transfer of land is determined based on the purpose of use and the desire of the applicant.
All lands have their purpose, suggesting their specific use. If it turns out that the site is not used for its intended purpose, then the administrative commission has every right to impose a fine under Art. 8.8 of the Code of Administrative Offenses of the Russian Federation.
it is possible if the participant of the preferential category or his family really needs to improve their living conditions. This can manifest itself in the lack of living space for each family member (less than 12m 2 per person) or in the inconsistency of housing with sanitary and technical standards where the citizen lives.

The procedure for allocating a land plot to a disabled person

The order in which the provision of land plots to the disabled differs little from the general one.

You need to do the following:

submit an application to the local administration for the allocation of a plot, where to indicate its desired location and purpose of use, attaching documents confirming the disability of a citizen or a member of his family;
choose a site from the existing ones or those being prepared for allocation;
collect and submit the necessary documents;
get a decision on the allocation of land;
conclude an agreement with the local administration on the sale or lease of a land plot;
register your title to the property.

Refusal to grant land

Legitimate reasons to refuse to allocate a land plot can be.

Legislation in every possible way takes care of citizens with disabilities. This is proved by the fact that the state provides all disabled people of groups 1, 2, 3, as well as families with a disabled child in care, a plot of land for use.

Also, persons falling under the preferential category are entitled to receive a land plot from the state. These are large families, pensioners, poor people, orphans and persons with limited working capacity.

How can a disabled person of the 3rd group get a land plot? This question is answered by the government program, which necessarily requires compliance with a number of conditions.

According to legislative acts, a land plot is allocated to a disabled person on the basis of a lease agreement, the terms of which provide for the possibility of using it for an unlimited period and even taking it into private ownership.
The allocated area can be used to:

build a residential building or summer cottage;
plant trees, grow vegetables;
build a garage
engage in personal farming.

Conditions for obtaining land

The conditions for obtaining land free of charge are specified in detail in the Federal Law “On the Social Protection of the Disabled”. Persons with disabilities of all groups and families with disabled children can participate in the program. To obtain a building site, an incapacitated citizen will need to queue up at the local administrative authority, and then lease the land with the right to re-register it as property. At the same time, within three years, the recipient will need to start construction on the site. This fact will allow the privatization of the site.

Attention! If within three years the construction of real estate has not begun on the site, then the area is withdrawn into state ownership. In this case, a person with a preferential category loses the right to receive a free building site again.

The law also stipulates the provisions under which an incapacitated citizen will be considered needy. The law refers to situations where:

a disabled citizen does not have a private house or other housing available;
one family member accounts for up to 12 square meters of area.

Free allotment is granted to citizens with disabilities subject to the following requirements:

the presence of a disability, or;
very low income;
there is a need to improve living conditions.

The right to receive a free allotment is given:

disabled people of all groups;
families with disabled citizens;
parents with children with disabilities;
guardians and adoptive parents of children with disabilities.

What documents are required to obtain a land allotment?

It will be possible to obtain land from the state after the representatives of the city administration are submitted:

Application (important clarification: an application is written to the local administration with a request to provide a place for building; the desired area must be indicated; the application also indicates the applicant's disability group and the category of the beneficiary).
Passport and TIN (copy).
The result of the VTEK on the assignment of disability.
Information about the number of members in the family.

Two weeks of paper review, after which the applicant receives the territory for use.

In what order is the free provision of allotment carried out?

To get the desired land, you must:

Apply to the administrative authority at the place of residence.
Write an application by hand.
Submit the required paperwork.
Register in line.
Conclude a contract for the lease of space and eventually re-register it as a property.

Note! If the provision is denied, then it will be necessary to appeal the refusal in court or in the Prosecutor's Office.

Where are documents submitted?

Control over the queue and distribution of land among privileged categories of people is provided by the territorial administration (municipality). With documents for the allocation of allotment, you must contact the city administration. In some territorial centers, people are sent to the Department of Property and Land Relations.

What should I do if I receive a denial of enrollment?

In the event that a person with physical disabilities or a family with a disabled child is officially denied by state bodies in providing a place for construction, then the applicant will need to apply to the court with a statement of claim within 3 months.
Most often denied if:

In a given territory, there is no decree on the issuance of land plots to people from the category of beneficiaries.
The applicant is not registered as a person in need of better living conditions.

None of these reasons justifying refusal are legitimate. Therefore, having received an official refusal, you should go to court with it and a number of papers and defend your rights there.
The court will protect the rights of a person with a disability and will oblige the district authorities to allocate land at the expense of budgetary funds.

Land allotments for children with physical disabilities

A family with a minor child with a disability can legally claim to receive free land for building a house, maintaining a subsidiary farm.
To obtain a building site, you will need to collect the following papers:

A document confirming the birth of a child with a disability. If there are several such children, then papers are collected for each child.
A document issued based on the results of a social examination on assigning a disabled category to a child.

Current questions and answers

Question 1. Can an incompetent citizen with a disability group receive some territory from the state for construction if he falls into the category of needy, but is already a landowner? Answer 1. Being the owner of a land plot, a disabled person does not lose the right to receive free land for development under the state program.
Question 2. Where should I file an application with a complaint about the refusal to provide a gratuitous allotment - to the court or to the Prosecutor's Office? Answer 2. Both the court and the Prosecutor's Office accept complaints of this kind. Both instances are obliged to protect the rights of people affected by the illegal actions of local authorities. The only difference is that this issue will be resolved faster through the court, and longer through the Prosecutor's Office.
Question 3. In what cases can the local administration provide land for housing construction and set a price for it? Answer 3. Local authorities have the right to establish the value of land if:
the applicant's monthly income is above the average for the given region;
the disabled person owns real estate;
if the disabled person does not belong to the category of people in need of better living conditions.

Social programs developed at the state level provide for a number of preferences for people with disabilities, including in terms of free allocation of land. To send a request to provide a site to a disabled person of group 1, 2 or 3, it is not necessary to come to the reception in person or take part in the auction.

A family member of a disabled person or a representative whose authority is confirmed by a notarized power of attorney has the right to process documents for obtaining an allotment of land. Land plots are provided to people with disabilities on the basis of lease agreements or allocated for individual development.

Preferential acquisition of land plots is possible for the following purposes:

placement of suburban buildings;
gardening and horticulture;
construction of an individual residential building;
maintaining personal subsidiary plots;
placement of auxiliary premises.

The right to receive a land plot on preferential terms is granted to all people with disabilities, regardless of the category of disability and the severity of the disease. Disabled people of groups 1, 2 and 3 have equal opportunities to acquire land within the framework of the state social program.

But under these circumstances, it is necessary to take into account an important point: the disability group must be obtained on an ongoing basis. Otherwise, the citizen is not entitled to claim the free allocation of a plot of land on this basis.

But in any case, submit an official application to the municipality, since the decision is made based on the specific situation. In addition, various nuances of obtaining land within the framework of preferential programs can be indicated in the regulations of regional significance.

Therefore, the circle of applicants for the free provision of land can be expanded within the framework of resolutions and orders at the local level.

The fundamental issue for obtaining land free of charge is the execution and collection of the necessary documents confirming the status of a privileged category of citizens.

Please provide the following information when contacting your local authority:

the desired location of the land allotment;
availability of grounds for obtaining a site (disability of the corresponding group);
the intended purpose of the land allotment;
a petition for the possibility of free provision of a land plot without an auction;
possible legal basis for the use of the land plot for own needs.

If you have evidence of a difficult financial situation, then be sure to attach them (certificate of job loss, document on the need for expensive treatment, loss of a breadwinner, etc.).

Accompany the application with the following documents:

a certificate substantiating the presence of an appropriate disability group (conclusion of a special medical commission);
a copy of the certificate of registration with the tax authority;
document on the composition of the family;
a copy of the child's birth certificate;
a copy of an identity document;
income statement;
documents confirming the difficult financial situation of the applicant (the presence of dependents living together with the applicant, a document on the lack of income).

The term for consideration of the above documents in accordance with the requirements of the legislation does not exceed 30 days. In practice, the response from the municipality comes within two weeks.

If there are circumstances in the case that require additional clarification and the provision of supporting certificates, the deadline for consideration of documents may be extended up to 45 working days.

The applicant must be informed about the need to extend the period for checking the information substantiating the possibility of obtaining a plot of land.

If the submitted documents meet the requirements of the law, then the municipality includes the citizen in the queue of beneficiaries waiting for the free provision of land.

The procedure for obtaining land for persons with disabilities is absolutely free of charge. As part of social support for vulnerable groups of citizens, people with disabilities are exempted from paying the state fee for registering land rights.

Recall that for all other categories of citizens who do not fall under preferential categories, the amount of the state fee is 1000 rubles.

If there are real reasons (the presence of a confirmed disability group granted for life), then you have every chance to acquire a land plot for free, based on the desired purpose (construction of a residential building, farming, etc.).

Pay attention to the legislative framework of your region regarding the allocation of land plots within the framework of state programs for social support to the least protected categories of citizens. Each specific region has its own characteristics of providing land plots to preferential categories of citizens.

The allocation of land on a free basis is not the responsibility of state bodies. State support for the poor and socially vulnerable citizens is allocated based on the possibilities of the region's budget.

How to get a land plot for a disabled person of the 2nd group

Citizens with disabilities of the second group have the right to count on free land plots on an equal basis with disabled people of the first and third groups. The priority for preferential provision of land plots is not divided into categories of diseases; citizens of the first disability group do not have preferences over representatives of the next two groups.

The algorithm of actions for obtaining a plot of land free of charge for disabled people of the second group is as follows:

prepare medical documents confirming the assignment of a degree of disability;
submit an official appeal to the local self-government body with a justification of the position on the need to allocate a plot of land free of charge;
get a response from the municipality (under the current legislation, decisions on preferential provision of land plots are made by local authorities within a period not exceeding one month);
if yes, collect a package of documentation for registering land rights with the Rosreestr authority.

How to get a land plot for a disabled person of group 3

The legislation does not provide for separate requirements for the allocation of free land plots for representatives of the third disability group. The procedure for obtaining land for all categories of disabled people is identical.

In order to correctly file an application for an allotment, follow the following instructions:

write an appeal to the municipal government body (in the text of the appeal, indicate the desired location of the site, the intended intended use, the difficulty of the financial situation for self-acquisition of land);
provide the authorized body with the necessary personal identification information (passport data, taxpayer's individual registration number, a copy of the pension certificate);
send an officially issued conclusion of the medical commission on the presence of a disease, which is the basis for assigning the third group of disability to the applicant.

The procedure and conditions for the free provision of land plots are determined at the level of regional legislation.

Federal regulatory authorities do not provide for an obligation for local governments to allocate land free of charge. This issue is decided by the regional authorities based on the financial capacity of the regional budget.

Features of obtaining land by disabled people are as follows:

disabled people have a priority right to free land plots in comparison with other preferential categories of citizens;
in some cases, local authorities may determine the cost for obtaining land plots (the income of a disabled person is higher than the average for the region, the disabled person has real estate on the right of ownership and is not in need of improved living conditions);
a representative of a privileged category of citizens has the opportunity to challenge the refusal of the municipal authority to provide a site free of charge by sending evidence of their privileged position (the need to improve housing conditions, low income, high cost of treatment, etc.).