Land plots for families with disabled children. Rules and features of obtaining land by the disabled. Why is land denied?
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 that a citizen or a member of his family has a disability;
- 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.
Provision of a land plot is a procedure for its transfer to a citizen for use for predetermined purposes. The Land Code of the Russian Federation (LK RF) establishes the paid nature of obtaining an allotment.
There are two ways to acquire land: auction or buyout. According to the rules of the auction, the property is transferred to the participant who offers the highest price. When redeeming the allotment, the cost of the allotment is determined by local self-government bodies.
For social support of people with disabilities and other categories of citizens, the state has provided benefits when allocating land to them.
The mechanism for the preferential provision of allotments is enshrined in articles 39.5, 39.19 of the Land Code of the Russian Federation and in Federal Law N 178-FZ “On State Social Assistance”.
Who can claim free
Regions independently determine the categories of citizens who are entitled to count on benefits when.
The list of beneficiaries in most subjects includes:
- large families;
- Young professionals;
- families that include people with disabilities;
- orphans;
- participants in hostilities.
Programs have been developed for people with disabilities to make their lives more comfortable and easier.
What regulates the procedure for granting plots
The provision of land plots to persons with disabilities is regulated by Federal Law No. 181 “On the Social Protection of Persons with Disabilities” (Article 17).
Participation in the auction deprives a person with a disability of the right to receive an allotment free of charge. By law, a person with disabilities has the right to receive land without waiting in line.
Legislation allows you to use the benefit only once. The exception is cases of destruction of the site as a result of natural disasters.
What are the mandatory conditions for the transfer of land
The allocation of plots is carried out by local governments. This requires several conditions to be met:
- the plot is provided for ownership or for rent (read:);
- the allotment cannot have encumbrances and restrictions;
- land is used in accordance with its intended purpose;
- a plot is allocated for individual housing construction (IZHS) in a situation where it is necessary to improve living conditions.
People with any disability group can apply for a grant.
The following requirements apply to land applicants:
- the presence of Russian citizenship;
- residence in the region over the past five years;
- provision of medical documents indicating the group of disability;
- full capacity.
Help for children with disabilities is enshrined at the legislative level. Small citizens have the right to provide a plot on an equal basis with adults.
In such situations, parents apply to the local administration in the interests of the minor. After the child turns 18, the ownership of the land passes to him.
If a person with disabilities has been declared incompetent, then his guardians can apply for the allocation of land, if necessary.
What are the requirements for the area of the site and for the purposes of use
Article 7 of the Land Code of the Russian Federation establishes the division of land territories according to their intended purpose. For violation of the purposes of exploitation of land resources, administrative and criminal liability is established.
Land for the disabled is provided free of charge for the following tasks:
- gardening (gardening);
- housekeeping;
- building a garage
- construction of housing.
Plots are allocated from territories that meet the requirements of land legislation.
The minimum area of the allotment, depending on the purpose, is:
- 4 acres- under the garage or garden without buildings;
- 10 acres- under IZHS;
- 12 acres- for gardening with the construction of a house;
- 15 acres- for private farming.
In various regions, the size of the plots is determined by local regulations.
Allocated land must be used strictly for its intended purpose. For example, you cannot build a residential building instead of a garage, or run a farm instead of a subsidiary.
The algorithm of actions for obtaining a land plot by citizens with disabilities is almost the same as the general procedure:
- Collect documents.
- Make a statement.
- Contact your local government.
- Get a decision on the allocation of land.
The municipality is responsible for site selection.
Sample filling and methods of applying
The law does not provide for a strict application form for granting a land allotment free of charge. The application can be handwritten or typed on a computer.
A sample application for granting a land plot to a disabled person is possible.
The application form must contain:
- personal data of the applicant (last name, first name, patronymic, address, contact phone number);
- purpose of using the site (construction, farm, garage);
- area of location and size of allotment;
- indication of the group of disability;
- list of attached documents;
- signature.
The application is sent to the land committee (department, department) of the local administration.
An application may be submitted in the following ways:
- personal appeal;
- legal representative of a minor;
- guardian of an incompetent person;
- registered letter with notification;
- social worker by proxy.
An applicant who is unable to move without assistance may submit an application electronically. To do this, he needs to use the website "Public Services".
Required documents
Before making an application, you should prepare papers confirming the right to a benefit. The package of documents includes:
- identity card (passport);
- certificate of permanent registration;
- TIN certificate;
- conclusion of the ITU or VTEC on the assignment of the group;
- proof of income (optional).
The family, which includes a disabled child, encloses a copy of the birth certificate.
Submission procedure
Registration of benefits and subsidies involves visiting many instances. The procedure for free provision of land to persons with disabilities is carried out according to a simplified scheme.
What happens after applying
After registering an application for allotment of allotment, a special commission of the municipality checks the authenticity of the documents. If the application is made without errors, the needy person is placed in the queue.
The priority is determined on the basis of federal and regional regulations. Upon completion of the checks, the commission adopts a resolution on granting the site or refuses the applicant. If there is free land, the applicant is invited to choose an allotment. The municipality is obliged to carry out actions on and allocation of boundaries at the expense of the local budget.
At the next stage, the disabled person receives a decision on the provision of a site. Based on this decision, the Federal Registration Service (Rosreestr) issues a certificate of ownership. If the purpose is the construction of a residential building, then a lease agreement is drawn up. In the next three years after the allocation of land, the tenant is obliged to begin construction.
Why is land denied?
The official response of the commission is sent to the applicant in writing.
The main reasons for refusal are:
- inaccuracies in the application and documents;
- lack of a site that meets the requirements;
- a citizen with a disability does not need to improve their living conditions;
- re-application for a preferential allotment.
If errors are found, it is necessary to re-compose the application, check the documents and re-apply to the municipality.
If the applicant is denied on grounds not related to the execution of the application, then he can appeal the answer to the prosecution authorities or to the court.
How long does it take to review
Russian land law (Article 39.17 of the Land Code of the Russian Federation) determines the exact terms for granting plots to people with disabilities:
- no more than 10 days - verification of the application for correctness;
- no more than 30 days - consideration of the issue of land allocation.
If a positive decision is made, the disabled person is included in the preferential queue. Otherwise, the documents will be returned to the applicant.
Arbitrage practice
Each case of failure is individual. Programs for granting land to persons with disabilities in different regions may vary. It is impossible to predict what the verdict of the court will be.
The administration of the city of Lobny MO refused to allocate land for individual housing construction in the city to a disabled person of group 2 A., offering to take part in the auction. A. appealed to the court against the actions of the city administration.
The Lobnensky City Court found that A. did not own housing and ordered the municipality to provide him with a plot free of charge.
In another situation, the Kirovsky District Court of Novosibirsk refused citizen B., who was acting in the interests of the incompetent V. The judge found out that V. was not on the housing register. In addition, V. is the owner of the apartment. The decision of the city administration was upheld by the court.
However, practice shows that in 95 lawsuits out of 100, judges decide in favor of a person with disabilities.
How to get a land plot for a disabled person of the 1st group in 2020: necessary documents and certificates
In 2015, on November 24, the provision on the provision of land plots to disabled people of groups 1, 2 and 3 came into force.
According to this legislative act, not only people with disabilities can apply for a free allocation of a plot of land, but also families that include people with disabilities.
Basic requirements for obtaining a land plot
The provision of a land plot to persons with disabilities free of charge is regulated by the legislative act No. 181 “On the social protection of persons with disabilities”.
According to this law, disabled people of the 1st group have the right to apply for the issuance of a plot (allotment) free of charge, and disabled people of the 2nd and 3rd groups can receive land subject to redemption under a preferential system.
Disabled people can receive a land plot for the following purposes:
- Home construction.
- Construction of utility rooms.
- Breakdown of a garden or garden plot.
- Establishment of a private farm.
A disabled person of the 1st group can get a land plot without a queue if all the basic documents are available, the main of which is a paper confirming the assignment of the status of a person with disabilities.
According to the law, even a minor child with a disability can claim land assignment. In such cases, his interests will be represented by parents, guardians or adoptive parents.
In order to get a land plot, a disabled person needs to stand in line in his city district.
A disabled person has the right to receive a land plot free of charge if he lives on an area of less than 12 square meters (or each member of his family has a similar living area). Also, the basis for applying for a permit is the lack of one's own living space.
Key points
The issued land is not immediately privatized by the applicant. According to the law, after issuance, a long-term lease agreement is concluded with the state bodies of the Russian Federation.
It is possible to privatize, that is, register land as property only if construction work began on it during the first 3 years after receipt (provided that the land was requested for individual housing construction).
If the construction of the declared object has not begun, then in this case the site is returned to the state apparatus.
If such a situation arises, a person with a disability is deprived of the opportunity to apply for such benefits in the future.
Required documents
Initially, in order to provide land plots to disabled people of the 1st group, you need to stand on a special queue.
The setting is carried out by submitting papers such as:
- Passport of a resident of the Russian Federation.
- Statement.
- An identification number.
- Certificate confirming registration.
- Certificate of medical and social examination.
Special attention should be paid to filling out an application for granting a land plot to a disabled person, because an incorrectly completed form can cause a refusal to accept the entire package of documents.
The application contains information such as:
- personal initials.
- Application for provision of allotment.
- Desired lot area.
- Land location.
- Preferential category of the applicant.
If the petition is based on the loss of housing due to a natural disaster, then it is worth describing in detail what and when provoked the destruction of the property.
It is also worth submitting a paper that will confirm that the applicant did not use his benefits regarding obtaining a land allotment.
2 weeks after the provision of all the necessary papers, the applicant is provided with an allotment. According to the rules, during the first 30 days after the assignment, a disabled person is required to register the land.
Where to go
step by step algorithm
To obtain an allotment, you should contact the city administration or the Department of Property.
To obtain a land plot for a disabled person in Moscow or another city of the Russian Federation, the municipal authority will need to prove that the applicant is poor and unable to purchase land with his own money.
Then the applicant is obliged to choose the desired site, submit papers and stand in line. After receiving a decision on the issuance of a plot, it is worth ordering and receiving a cadastral passport of the site in the Russian register.
After that, registration takes place. If the extradition was refused, then it is worth going to court.
Reasons for rejection
Rejection of such a request is common. As a rule, they can refuse due to the lack of land in the desired area.
Also, a refusal can be obtained if the applicant has previously taken advantage of the preferential program for the provision of allotment.
How can you deal with the provided land?
According to the current legislation, a person has the right to claim free land only with an area of \u200b\u200bno more than 15 acres.
If the area is larger, then in such cases the applicant is obliged to pay for it, that is, to buy it from the municipality.
The issued allotment can be used to build a house, garage, utility rooms or to grow crops or fruit trees.
The territory is prohibited to be used for the construction of industrial enterprises or commercial organizations.
Restrictions
Free sites are issued only from the fund of state and municipal lands.
The state does not have the right to allocate land that is owned by individuals or legal entities.
Reissue
According to the law, allotment is allocated only 1 time. But there are a number of exceptions, according to which you can get land a second time.
The first reason is the use of land for military purposes, as a result of which it ceased to exist, that is, it became uninhabitable.
The second reason is the onset of unsuitability of the allotment due to the onset of a natural disaster.
Conclusion
You can apply for the issuance of a donation only 1 time.
Initially, it is issued on a long-term lease, and only after 3 years a person with 1 disability group can re-register it as a property.