Land plots for families with disabled children. Provision of land plots to the disabled free of charge. What areas are provided
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.).
Any action that is carried out by state bodies is reflected in the relevant legislation. So, if we are talking about, then this topic is inextricably linked with the Federal Law for the Protection of the Disabled. This legal act consolidates all the nuances that relate to the relationship between the state and people with disabilities.
If you study this document in detail, then in article 17, it can be found that people with disabilities, their families and children are entitled to preferential terms when receiving a plot of land.
The same applies to disabled people of the 3rd group - they are provided with a free provision of a land plot for private household plots. At the same time, the rule about, which is applied to other persons, is abolished.
At the same time, the law allows only some categories of actions that can be performed with an allotment.
The land can be used as a place for:
- horticulture or vegetable gardens;
- erection of various buildings in the form of garages, as well.
Also, some issues related to obtaining land allotments by this category of persons are regulated by land legislation.
Types of land provided
Now let's talk about what kind of land allotments disabled people have the right to.
In accordance with the Land Code, as well as with other regulatory legal acts, disabled people are offered to provide land under and.
This means that on this site a person has the right to erect buildings intended for life and recreation, as well as to carry out gardening or horticulture.
Wherein, it is forbidden to breed in such areas and use them in some other way to benefit.
Requirements for applicants
In order to become the owner of the land allotment, you must meet a number of requirements. Legislation imposes special rules, so carefully consider what is written here.
By the way, if you live in any subject, be sure to check the local legislation before trying to participate in such a program.
Local legislation is the regulations that have been issued on the territory of your subject, and act on behalf of the local administration. However, such legislative acts must not contradict the Federal Laws and codes. Such acts may carry additional information that will be useful.
If we are not talking about a disabled person, but about a family where there is, then such participation is also possible due to the fact that this, and therefore, can have a beneficial effect on the health of the child.
In addition, you must be a participant in the program for the first time, otherwise, if you are trying to take a land plot on preferential terms for the first time, this may cause suspicions among the administration, and your candidacy will be removed from the queue.
You will need to prepare the necessary package of documents, which meets all the conditions of preferential assistance. Otherwise, without the presence of certain papers, you will not be able to hope for the allocation of allotment to you.
There are additional terms that apply to various material and documentary areas. However, they are presented by individual regions, perhaps they exist somewhere, somewhere they do not.
For this reason, it is necessary to show all attention and familiarize yourself in advance with all the conditions that are contained in federal and local regulations.
Step-by-step instruction
Additional title documents are provided to the mandatory list, and in this case, this is a document confirming the right to an allotment of land, issued by local authorities.
Payment of the state duty, namely its amount is determined based on the characteristics of the grounds for obtaining land property and its purpose. For individuals, this service is 2000 rubles, and based on the purpose of the land - from 100 to 350 rubles is added to two thousand.
When paying the state duty, you can use the Unified portal for the provision of state or municipal services.
It is possible to contact the registrar at the MFC. At the same time, all the necessary collected documents are transferred. The owner receives a receipt from the employee. The next visit to the registrar is for a certificate of ownership.
The procedure for registration of land includes such time frames as 7-10 days.
Attention! The exact date of receipt of the certificate may be indicated on the receipt.
In any case, all procedures for registering a land plot depend on the individual characteristics of the situation.
Can it be sold?
Once you become the owner, you can. This means that you can alienate the land allotment, and at the same time, you do not need to obtain permission from the administration.
However, if you have not yet registered the land as property, but are just its owner, then such an action is impossible due to the fact that, unfortunately, you do not have the full rights that would allow such actions.
Is there any monetary compensation?
Since it is provided completely free of charge, these persons cannot receive compensation due to the fact that they did not spend their funds.
But if a disabled person wants to, and at the same time pay extra money from his own pocket, then he can count on compensation.
For which persons not only a discount or a preferential rate for depositing funds is provided, but you can also return 13% of the funds spent in a double amount. This means that 26% of the amount will be returned to you.
Taking into account the fact that the state charges for the acquisition of a land plot in ownership not the full amount, but only a small part, then the acquisition of a land allotment in the property will cost a disabled person mere pennies.
If there are two beneficiaries in the family
If there are two disabled people in the family, then each of them has the full right to receive a land allotment as a property.
Therefore, if one of the parents is disabled and has become the owner of a land plot, then he does not lose such a right.
For him, the land allotment can be received by his parents or legal representatives, or he will do it himself upon reaching the age of 18 years.
Is there a free provision of land in Moscow and the region?
If you live in Moscow or the Moscow region, you should familiarize yourself with a number of features that accompany obtaining a land allotment in possession in these regions.
The fact is that the number of land plots in Moscow and the Moscow region is negligible, and those who want to receive them are only added.
Therefore, among the disabled, it also stands out, which moves in accordance with the land allotments provided by the administration.
In addition, persons with disabilities cannot participate in auctions to become sole proprietors. For the disabled, a special offer is published for taking possession of a land plot which does not interfere with the interests of other citizens.
Therefore, in order to understand which land can be acquired, it is necessary to carefully monitor the situation in the media.
Regional features
Each region has its own local regulations. This means that, depending on the region of residence, the rules for obtaining, the number of documents, and other points may differ.
Before making a final decision on , you must be sure that you have fully read the information.
Conclusion
Your own land allotment is a wonderful gift for you and your family.
Take advantage of the current situation and try, with a possible right to take ownership. We hope that our advice will be useful to you and open up new facets of your possibilities.
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The whole process is carried out on the basis of the Federal Law, which deals with the protection of people with disabilities.
More specifically, in Art. 17 of the aforementioned law states that disabled people, as well as their children, have preferential conditions for obtaining land plots in the first place.
About what are the grounds and conditions for obtaining a land plot free of charge from the state, we talked about.
Obtaining land allotments by disabled people of 1-3 disability groups
You can get land on favorable terms for various purposes, in particular:
- to build a cottage;
- for gardening;
- for individual housing construction;
- for conducting private household plots (personal subsidiary plots);
- for the construction of ancillary facilities.
IMPORTANT! One of the common misconceptions is that the receipt of land for the first and, for example, for the second group of disabilities is different. But fortunately, this is not so.
Disabled people of groups 1, 2 and 3 have the right to receive benefits, and the process of obtaining land for each group is absolutely the same.
But nevertheless, there was one important nuance here. An applicant for land must have a so-called "permanent" disability. This is a 100% guarantee of obtaining a land allotment.
If the disability is not permanent, then when applying to the local authority to obtain land, there is a chance that you will be refused, since the decision is made depending on the situation.
The law defines a clear list of those who can qualify for preferential terms:
- a family with a child with disabilities;
- in the absence of parents and the presence of guardians - they also have legal grounds for receiving benefits;
- citizens with disabilities;
- trustee of citizens with disabilities.
- it must be registered with the cadastre;
- have separation.
Reference: Delimitation is a range of works aimed at establishing clear boundaries of the site;
This, of course, is quite expensive, but you should not worry, because bringing the site into proper shape is the task of the local authority, so these services are provided free of charge.
Note! By obtaining a land allotment on preferential terms, it means obtaining it without an auction, that is, it is many times cheaper. There is no talk.
But you should not despair, sometimes land plots are provided free of charge, but in rare cases at the discretion of the local authority.
Often, citizens with disabilities apply to participate in the auction.
Since participation involves making a deposit, in such a situation the benefit ceases to operate and participation in the auction is on an equal footing with others.
Worth knowing! Filing an application is the most important part of obtaining a land plot. To avoid unnecessary problems, treat this procedure as reverently and responsibly as possible.
Read more about the procedure for providing a land plot to people with disabilities and an application for receipt, and a complete list of preferential categories that can apply for a land plot can be found.
How to get land for a disabled person, watch the video:
Instruction
To obtain a land allotment for adults
To obtain land allotment for minors
- Contact the local authority with an application and a package of documents.
The application must contain:
- disability group;
- the address of the desired land allotment;
- the purpose for which the land is to be allocated.
A package of documents consisting of:
- conclusions of medical expertise;
- original birth certificate.
- Wait two weeks for the decision of the local authority on the allocation of land.
- In case of a positive decision, issue the right of ownership for 30 days.
You can find out more about how to get a land plot for a disabled child in.
This article analyzes the receipt of a land plot by a disabled person of 1, 2, 3 categories. In the materials of our experts, you can also find out about other benefits for the provision of land, for example, for and or. And you will also find useful information on how to stand in and how to find out your place on the list.
Refusal to provide a land plot
Often the local government refuses. The main reasons for this could be:
- repeatedly obtaining land (i.e. if you have previously used this opportunity);
- if you incorrectly completed the application or provided an incomplete .
If you do not agree with the local government's decision, you have the right to take legal action against them. But this is also not a guarantee that you will still be given a land plot.
Here are a few options for what happens next:
- the court may decide in your favor if you applied to the local authority because of the terrible veins. conditions;
- the court may decide that you will be limited in the choice of the allotment put up for auction;
- The court may decide entirely in your favor.
Most likely, litigation will help get the land, but not always.
The basis for initiating legal proceedings is a written refusal to provide a land allotment.
Also note that the absence of other real estate is not necessary to obtain land. You can own an apartment or land and still be entitled to the land.
This is how the process of granting a land plot into ownership for people with disabilities belonging to the first, second, and third groups of disability takes place.
In this article, we have considered the most important aspects that need to be taken into account so that the receipt of the allotment does not cause the slightest difficulty and passes in the fastest possible time period.
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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.