Many people know that all disabled people receive cash payments and benefits. However, only a few realize that people with disabilities also have land benefits. The fact is that there is a special federal law on the provision of land plots to the disabled, which is aimed at improving the living conditions of the disabled. Below we will find out what is the procedure for the free provision of land plots to disabled people, how a disabled person of the 1st group can get a land plot, whether a land plot is entitled to a disabled person of the 2nd group, and also touch on some other issues.

Obtaining land and benefits for the disabled

Land acquisition is regulated by the Land Code of the Russian Federation. One of the key points of this document is the equality of all citizens of the Russian Federation who want to receive land for rent or ownership. You can get land through an auction. However, people with disabilities have a benefit - they have a priority right to receive a land plot for people with disabilities. In other words, disabled people may not take part in auctions, but receive land automatically, but only if another disabled person does not claim the same land. There is a misconception that there is a preferential issuance of land plots to disabled people of the 1st group, and the rest of the disabled cannot use this right. However, this is not the case - the disabled of all three groups, as well as families raising a disabled child, can receive land.

Disabled people can receive land for the following purposes:

• Farm management.
• Construction of a cottage or residential building.
• Creation of a garden and / or vegetable garden.
• Building a garage.

How to get land for a disabled person of the 3rd group? To obtain land on favorable terms, you need to prepare the following documents:

• You should fill out a sample application for the provision of a land plot to a disabled person. The application must indicate the site, as well as indicate the purpose of this site. Also, the application should indicate that the site is provided free of charge in accordance with applicable law.
• Applicant's passport.
• Identification code.
• regarding a person with a disability.
• Certificate from the place of registration.

You also need to understand that the land is owned by the regional authorities. And regional authorities can adopt certain local laws that bring their own specifics to land law. Often this leads to a large number of peculiar consequences. For example, many are interested in the question of whether a disabled person of group 3 can receive a land plot for free. Here you need to understand the following:

• The federal law stipulates the right to first-priority land acquisition to persons with disabilities, but nowhere does it stipulate that this procedure is free.
• Land value should be determined by local authorities, not the federal government.
• Local authorities solve this issue in different ways - someone provides land for free, and someone demands money for a plot, someone sells land at a discount.
• However, there is a subtlety here as well. The fact is that after the announcement of the price, you can go to federal court and challenge the price. Practice shows that the courts quite often take the side of the disabled.

Do people with disabilities have to pay land tax?

Now you know what are the benefits for obtaining a site for a disabled person of the 2nd group. Now let's touch on the issue of whether disabled people of groups 1, 2 and 3 should pay land tax. The fact is that each person is obliged to pay a land tax of 0.3% if the land is used as rural land or individual development is carried out on it. If the land is used for other purposes, then a land tax of 1.5% is paid. However, are disabled people exempt from the tax? The situation is this:

• The land is owned by the regional authorities. It is they who determine who needs to pay land tax, and who is exempt from this obligation.
• In many regions, there is a rule according to which, when purchasing land by disabled people of groups 1 and 2, about 10,000 rubles are deducted from its cost. In this case, the land tax will be less. But disabled people of the 3rd group were not lucky - they are rarely given discounts.

07.03.2020

The federal law "On the Social Protection of the Disabled" states that people with disabilities and families who have a disabled child in their care become beneficiaries who are entitled to receive a land allotment.

The site can be provided for the following purposes:

• housekeeping;
• construction of a private house or cottage;
• gardening;
• construction of a garage, a shed for storing inventory and other premises.

Dear readers! The article talks about typical ways to solve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

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It is not allowed to place industrial type enterprises and other commercial organizations on it. The territory of IZHS is intended for the construction of residential buildings.

Existing grounds

To get a land plot for free, you must enter the preferential category of citizens.

If the tenant does not lay at least the foundation of the future house within a given period of time, then he automatically loses the right to use it.

At the beginning of construction or the construction of a house, you can put on.

Under development

A land plot is provided to beneficiaries only once in a lifetime. You cannot reapply for the privilege.

This also applies to those cases when the allotment was transferred to, but three years later construction did not begin on it.

Taking advantage of their right to receive land, re-applying will not bring the desired result.

But this condition has exceptions:

Legislation carefully monitors the provision of benefits to persons with disabilities. They should be given only free territory, devoid of other owners and encumbrances.

The land is leased and then owned by the disabled person, not his relatives.

It is also forbidden to divide the plot between spouses, even if they are both beneficiaries.

In this case, they are entitled to two lands per family - each receives an allotment.

The situation is different with the transfer of land to a family where a disabled person is brought up.

Parents receive a memory and are required to start construction as soon as possible.

After the child reaches the age of majority, he becomes the owner of the allotment.

Obtaining procedure

It takes place in 4 stages:

A disabled person can order all certificates through the State Services website without leaving home. You will have to receive them on the spot after presentation.

If, for health reasons, he cannot independently deal with registration, his representative can do this.

To do this, it is written and certified by a notary. Additionally, you will need to obtain from the doctor about the applicant's state of health.

Collection of documents

These include:

1. Civil passport and a copy.
2. Conclusion from VTEK.
3. from the place of registration.
4. An application that indicates the degree of disability and the right to receive a memory under the law.

If the beneficiary is a child under the age of 18, then the family can exercise their right to receive a plot.

To do this, you need to write to the local administration and attach to it:

When applying for land for a disabled child who is in the care of foster parents, it is necessary to present documents establishing the relationship with the applicant.

The necessary information about the natural parents is indicated in.

Sample Application

Compilation order:

If errors or shortcomings are found in the application, it will need to be redone and re-submitted with the documents.

The application is filled in by hand, it is signed, decoded and dated. Without these data, the paper is considered invalid.

It is allowed to submit an appeal printed on a computer, but with a mandatory affixing of a manual signature.

Terms of consideration

If the documents are collected in the required quantity, the application is written correctly, then the decision is made after 14 days.

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.).

In order to be able to receive land from the state free of charge under this program, it is necessary to have the official status of a disabled person. Every disabled person, regardless of the group, has such a right to allocate a land plot.

The rights to receive land from the state are prescribed in part 1 14 of article FZ No. 181.

Conditions for obtaining land by a disabled person

How to get a land plot for a disabled person for free? To be eligible, the following conditions must be met:

• Have a disability group specified in the ITU certificate.
• Be a Russian citizen.
• Be capable.
• Live in the region in which the site is located for at least 5 years.

Disabled people of all groups have equal rights to participate in this program.

If a person claiming land has the status of incapacitated, then his closest relatives or legal guardians can receive it for him.

In order to confirm the mandatory condition of residence in the region where the received land is registered, you need to submit a certificate from the house book.

What areas are provided?

To obtain a site, you must contact the local government. To do this, the applicant must first select a site, which should have the status of free. In the event that the land has the status of a plot with unformed boundaries, then local authorities must independently, at public expense, carry out boundary and other necessary work.

If they do not agree to such conditions, then the applicant can decide this case in court. Moreover, it is worth noting that the court most often takes the side of the plaintiff.

People with disabilities can obtain land for such needs as building a private house, building a city garage, as well as for farming or gardening. Land for the disabled is provided by all regions of Russia. It should be noted that in most regions there are requirements for the area of ​​allotments issued for different purposes, namely:

1. The area for personal household plots is from 15 acres.
2. The area for the construction of a private house lived - from 10 acres.
3. The area for gardening and building a house is from 12 acres.
4. The area for a garage and gardening without building a house is from 4 acres.

A package of necessary documents

In addition to the application itself, which must be taken to local authorities, the disabled person also needs to collect other necessary papers, which include:

• original and copy of the passport;
• certificate of registration;
• certificate of disability from the ITU bureau.

If the site is drawn up by parents or guardians on, then the following package of documents must be brought to the local government:

• the original and a copy of the birth certificate of a disabled child and other children in the family (if any);
• ITU help.

How to fill out an application?

There are no special forms for obtaining a land allotment for the disabled. Therefore, the application can be written in free form.

In the upper right part of the sheet, you must indicate the full name and position of the person accepting and considering such applications. Most often this is the responsibility of the head of the Land Committee.

The main part of the application includes three parts:

1. In the first of them, the applicant needs to write their full name, circumstances and needs. This part also describes the purpose for which the site is needed.
2. In the second part, you need to indicate on the basis of what the person expects to participate in this program. That is, here you need to refer to the Federal Law "On the Social Protection of the Disabled" or to regional laws. This part of the application indicates the group of disability.
3. In the last part, a brief request is written, the example of which can be this option: “Based on the facts listed above, I ask you to allocate for me a site (indicate parameters) for (indicate purpose).” At the end, the applicant must sign with a transcript and indicate the date of submission of the application.

Where to apply for government support?

Cost and terms

Plots for the disabled are given free of charge. But Russian legislation stipulates that each land owner must pay a tax of 0.3% if the land is used as agricultural land or intended for individual development, and 1.5% if the land is used for other purposes.

Persons who have received a site under the program for the disabled must also pay such taxes, but they can receive discounts, the amount of which is determined by the local administration on an individual basis.

As for the timing, consideration of the application cannot take more than 30 days, although in most cases it takes approximately 10 -14 days.

After a positive decision, the applicant must register the right to property within 30 days.

It is also necessary to clarify that if the allotment was issued for the construction of a residential building, then it is first registered not in ownership, but under a free lease agreement. And the applicant undertakes to start construction within 3 years.

Conclusion

If the disabled person did not have time to complete the documents in due time, then he must contact the Land Committee, where he applied, and there he will be prompted with options for solving this problem. In the most extreme case, the application for allotment will have to be submitted again.

But if a disabled person took land for individual housing construction and did not start construction within 3 years, then this area of ​​\u200b\u200bauthority can legally be withdrawn back. This person will not be able to receive a free site again. The only exception may be the presence of a proven fact that the provided site is unsuitable for construction.