Angina

How to get a plot of land for a disabled person. Providing land plots to disabled people

But what should other segments of the population do, who, due to some physical disability, cannot earn their own plot of land? In our country disabled people, childhood disabled people and disabled children are entitled to many benefits, both social and material.

However, the warning system does not work properly in all regions and, often, people with disabilities simply do not know about their rights, and they, by the way, are extensive.

There are a number of both federal and regional programs that help people with disabilities improve their living conditions, provide all sorts of benefits and benefits. We will talk about one of them in this article.

Donation program

Free land plot: is it entitled to it and to whom? Today there is a whole legislative framework, which regulates the rights of people with disabilities in relation to this group of people.

On the territory of the Russian Federation, people with disabilities are recognized as people who are in a state in which there are all kinds of restrictions in the performance of any activity of citizens, from any side. The parties include physical, sensory, mental and any other activity.

The Federal Law “On Social Protection of Persons with Disabilities” establishes a number of points, according to which disabled people have the right to improved living conditions. In addition, this right is supported by the Rules for providing benefits to disabled people and families with disabled children.

Another important legislative act regulating the improvement of living conditions for people with disabilities is the Decree of the Government of the Russian Federation No. 901, which provides for priority the right of disabled people to receive a plot of land for personal purposes, namely, building a home (for individual housing construction), running a subsidiary farm, and so on.

These programs, enshrined in the legislative acts listed above, are federal program to provide disabled people with land plots, which are widely implemented in our country.

However, at the regional level there are programs that also provide a similar right. Information about them is not so widespread, however, it should be on the subject government website. If information is not available, you can find out about programs for people with disabilities by contacting your local government or administration office.

Reasons for providing

Disabled people are preferential category of citizens, and the state is trying to take care of these people and provide them with the necessary living conditions.

first;
second;
third.

Citizens who have been given any of the listed categories have the right to exercise their rights not to receive a land plot.

In addition, citizens who are not disabled, but are simply parents of a disabled child, acting on his behalf and in his interests can also apply for a land plot.

Rights

The state protects the rights of people with disabilities and guarantees the provision of land to everyone. The land plot is issued once and a disabled person can no longer apply for the realization of his rights a second time.

However, if the land plot ceased to exist or became unusable due to factors independent of the actions of the disabled person, for example, mudflows, landslides, earthquakes and other factors that destroy the site, then a disabled person has the right to re-apply.

However, the fact of loss of the previous land plot must be confirmed. In addition, the law strictly ensures that persons with disabilities are provided only vacant land plots, not burdened by the actions of third parties.

If a disabled person is denied a plot of land due to the fact that he has he already has a plot of land that he purchased on his own, then this is a gross violation of his rights. Thus, in accordance with the law, a disabled person has the right to receive a plot of land, regardless of whether he has a plot of his own.

As you can see, the rights of persons with disabilities, in accordance with the law cannot be limited actions of the legislator.

Receipt procedure

The procedure for obtaining a land plot for disabled people is quite simple and free of bureaucracy. So, for starters, a disabled person you need to collect a package of documents and send them to local governments. The actions taken by the disabled person themselves in accordance with the new law on their social rights are as few as possible.

In comparison with the law that was in force back in the early nineties, a disabled person had to go through all stages of the procedure and bureaucracy, which involved endless walking to offices, standing in lines and filling out documents.

Today, to make it easier for disabled people to submit an application, a similar system is already in place in some regions. service in electronic form, which can be easily obtained on the government services website.

They give you an exact list of documents, set an appointment time and help you fill out an application - and all this without leaving home and in the shortest possible time.

Algorithm of actions - instructions

The algorithm of actions for a disabled person to obtain a plot of land is quite simple. So, you need, as mentioned above, to collect a package of documents, submit it to the office for verification and wait for the documents to pass into your hands from the office specially formed commission.

The commission will review the documents and send requests to the relevant authorities to confirm the accuracy of the data you provide. Thus, a disabled person performs only two actions: submits a package of documents and waits for the result. Agree, it is very convenient for people with disabilities who cannot stand in lines and walk around offices.

Where to contact? This question worries any citizen who wants to receive any service, however, does not know how, and most importantly, where to exercise their rights.

However, if ordinary people have the opportunity to run through authorities, this is very difficult for disabled people.

So, you need to contact the local government directly - the local administration or government. They will tell you in detail about the program being implemented in the office, and they should also help you fill out a number of documents.

Also, if a disabled person does not have the opportunity to independently reach the authorities, you can ask for this social security center employee. An employee can come to your home and draw up an application with you, and will also help you draw up a package of documents.

Completing the application correctly

Statement, the key link in your appeal. His must be written in literate, legal language. So, if you do not mention any fact that is important for obtaining a land plot, you will return the documents back, which means that the time to obtain land will increase significantly.

In the statement in the upper right corner you must mention the authority, with all contact details, to which you are submitting the application. Also, do not forget to provide your details directly.

Next, in the middle of the line the word statement is written. Then begin to indicate by what right you are claiming the land. That is, your task describe your disability category. Also, do not forget to indicate For what purpose do you want to use the land?.

All these points are extremely important.

At the end of the statement there should be your signature and number.

The statement should be short and succinct, written in legible handwriting on an A4 sheet.

If a disabled person does not have the opportunity to write a statement legibly - you can use the computer, however, leaving their signatures on the sheet.

State duty- This is a mandatory element to receive any government service.

However, disabled people are exempt from paying it. This was done due to the fact that people with disabilities already belong to a preferential category of citizens who are not subject to any payments from the state.

That's why a disabled person is limited to only collecting a package of documents. A state fee is not required to provide such a service.

Deadlines

As a rule, the deadlines are already specified in advance in the regulations of the programs being implemented. As a rule, they should not exceed several months.

For example, the deadline for submitting and checking applications in the office cannot exceed exactly one month, and the time that will be lost for sending requests, receiving responses to them and verifying documents may vary from one week to several months due to some features of the data and the specifics of the work of some bodies.

What documents will be required?

The list of documents required to obtain this service is not that long. So, a disabled person needs to collect package of documents, consisting of:

As you can see, the package of documents is very modest, which means it should not be considered for long, which will have a positive effect on the timing.

Details and nuances

Is a disabled child entitled to a plot of land? A disabled child also has the right to receive a plot of land even if he has not reached the age of eighteen, however, his close people go through the entire procedure for him.

You can obtain the right to represent the interests of a minor in matters of obtaining a land plot parents, guardians and adoptive parents. They draw up an application, collect a package of documents and submit it to the local government body.

Citizens must act only in the interests of the minor. In addition to the members of the commission, such an application will also be considered by a representative of the guardianship and trusteeship authority.

So, if the family is in good standing, the minor’s representatives really do not cause any complaints, and the minor is truly disabled, then the commission will give a positive answer. If representatives have repeatedly been found to be abusing their rights and are not acting in the interests of the child, they will be refused.

As you can see, it is not at all difficult for a person with disabilities.

The main thing is to clearly understand the entire algorithm of your actions and then the procedure for submitting documents and waiting will go through as soon as possible, and you will receive only positive emotions from using the benefits provided by the state.

Additional amendments are constantly being made to the legislation of the Russian Federation, new programs are being developed to improve the living conditions of people with disabilities. Thus, on the basis of one of these programs, people with disabilities were given the right to receive free land. How a disabled person of group 1 can obtain a plot of land will be discussed in this article.

Grounds for granting an allotment

Free issuance of land plots to incapacitated citizens is carried out under a number of conditions:

If a person who has serious health problems is indicated in the law “On Social Protection of Persons with Disabilities”.

The legislative act states that the following persons receive the right to land:

citizens with any disability group;
families raising children with disabilities;
adoptive parents or guardians looking after a disabled child.

All these persons who have expressed a desire to receive some territory for development in order to significantly improve their personal living conditions are required to submit documents and be sure to get on the waiting list in their city district.

The territory for the construction of the structure is given to citizens with disabilities by the local authorities, first under special rental conditions, and then transferred into ownership.
Within 3 years of using the site, its owner must begin construction work. With the start of construction, it is re-registered as property. However, if during a given period of time the development of the site has not started, then it is returned to the state apparatus. In this case, the benefited person is deprived of the right to repeated free provision.
An important requirement for obtaining a plot is to establish the fact of need. A disabled person falls into the category of those in need if:

in his family, each member has less than 12 m2 of living space;
he has no other apartments.

who has received an allotment free of charge can use it for the following purposes:

building a house;
planting trees and vegetables;
conducting agricultural activities;
construction of a garage.

For your information! The land plot provided to persons in the preferential category is withdrawn from the land fund of local or state property.

What are the requirements for a beneficiary?

In order for a person with limited legal capacity to receive the right to a free allotment, the following conditions must be met:

presence of disability of the first, second or third group (the type of disease does not matter);
the presence of facts proving the extremely poor financial condition of a person;
the presence of a fact proving the citizen’s housing problems.

Restrictions

For citizens falling into the preferential category, the authorities are obliged to allocate a plot of land for the construction of a residential building on it. There are no restrictions here. If for some reason the administration refuses, then such a step will be considered an infringement of the rights of the beneficiary.

The Federal Law specifies that plots provided to beneficiaries free of charge must have boundaries (be demarcated) and a cadastral number. In addition, they should not be officially owned by anyone.

If a person with health problems owns a piece of land, he does not lose the rights he received to the land under the program to support persons with disabilities.

In the case mentioned above, what documents will have to be attached?

In order to officially join the special queue mentioned above to receive a specific land plot, a person in a preferential category needs to submit a corresponding special application to the administrative body and be sure to attach a number of documents to it, such as:

After 14 days after submitting the application, the authority provides the needy person with a land plot. Within 30 days, the recipient must complete state registration of the site.

Where to contact?

The legislation states that representatives of the city administration are obliged to carefully consider the free provision of land for individual housing construction to persons with limited legal capacity. Therefore, citizens in need will have to submit an application with documents to the Property Department. Or to the municipality to which the site belongs.

The application must indicate the place where the applicant wishes to receive the plot, its size and purpose.

Step-by-step scheme for obtaining an allotment

To receive free development territory from the state, a disabled person will need to do the following:

Provide evidence that he is low-income.
Submit an application to government agencies, expressing your desire to obtain territory for building a house (the desired area and purpose are specified).
All documents necessary for the occasion are collected.
Official queuing takes place.
Land acquisition takes place. The person becomes a tenant and receives the right to further purchase it.
In case of refusal, you should file a complaint with the court.

Current questions and answers

Question 1. How can a disabled person who has the first disability group and uses a wheelchair apply for a development plot if it is not possible to come to the municipality on their own? Answer 1. In this situation, filing an application is possible through a representative. To do this, the representative will need a notarized power of attorney for the right to represent the interests of the person in need in local authorities.
Question 2. What should an incapacitated citizen do if officials have given him a refusal? Answer 2. Often those in power refuse to provide land free of charge, citing its absence in a given area. Or they refer to the fact that the person is not in need of land and does not feel the need to improve his living conditions. These reasons for refusal are illegal and therefore subject to appeal in court or in the prosecutor's office itself. Within 3 months after receiving the refusal, the applicant should file a complaint with the court.
Question 3. When registering land rights, will the beneficiary need to pay a state fee? Answer 3. No. The program to support citizens with disabilities does not imply payment of state fees when receiving territory for development within the framework of the state program.

By pressing the button you give

The state cares about the rights of people with disabilities and provides them with land plots.
Several years ago, Russian land legislation underwent major changes. The innovations established new rules for providing citizens with land plots. Now everyone can obtain land plots for ownership or use under a lease agreement from municipal or federal lands, only by taking part in public auctions, where the property is purchased by the person who offers the highest price. However, it should be noted that the state has protected in this matter the rights of people belonging to a preferential category of the population - these are people with disabilities. These citizens are an exception to the equalization of rights on this issue.

Citizens with disabilities must know their legal rights and exercise them fully

The current Federal Law “On Social. protection of disabled people” in its 17th article provides a full explanation of this issue. The article says that disabled people and families with disabled children should be registered by local authorities in order to ensure an increase in their standard of living. The authorities are solving this issue through the priority provision of plots for the construction of residential buildings, for dacha-type buildings, for private farming, for growing a garden and vegetable garden, for the construction of a garage.

The land law considers general rules that explain the conditions for allocating plots to citizens for housing construction. Thus, Article 30.1 of this code in its subparagraphs explains that the sale of land plots intended for housing construction, as well as the sale of rights associated with the conclusion of a lease agreement for the use of a certain plot of land for the purpose of its further development, is carried out on equal rights and conditions for all participants in the ongoing bidding authorities. However, the Law, aimed at the social protection of persons with disabilities, provides for an exception for this category of citizens, which consists of granting them the right of priority to receive land real estate from the state for ownership or rental use.

Holding an auction rejects the very principle of providing land plots put up for sale out of turn, since this event requires compliance with certain conditions, namely, the payment of a deposit, the plot is sold at the highest price. The Supreme Court of the Russian Federation directly indicated that participation in the auction does not allow the privileged category of the population to exercise their right granted by the state within the framework of the law. Therefore, public auctions should not act as a tool for providing land to people with disabilities.

Who is responsible for addressing the issue of providing disabled people with land?

In accordance with the Land Code, Art. 29, responsibilities related to determining the procedure for providing plots to citizens and legal entities, as well as the implementation of this procedure, are assigned to local government bodies within their competence. The inaction of these bodies in accordance with the Federal Law on Social Security. protection of disabled people cannot act as a basis leading to a deterioration in the rights of disabled citizens.

The law does not consider any restrictions related to the priority allocation of land to people with disabilities. Areas for this category of citizens must be formed and defined within boundaries. In the event that there are no areas with formed boundaries, this cannot be a reason for refusing to provide land to a person with a disability. The Land Code explains that municipal authorities are obliged to carry out land surveying work at their own expense, fully formalize the land survey work and place the plot intended for a disabled person on the state property. cadastral registration.

The authorities refuse to fulfill their duties. What follows?

If the authorities evade fulfilling their duties in terms of providing persons with disabilities with plots for housing construction, gardening, etc., or fail to act, the court will make a decision in favor of the disabled person and oblige the municipal authorities to carry out all the work at their own expense. municipal budget. Therefore, it is necessary to take a written refusal to allocate a plot, file a complaint and challenge the refusal in court.

Are there any restrictions when allocating land to disabled people?

The rights of persons with disabilities in the area of priority in obtaining land cannot be limited. It is enough that the preferred plot is listed as free, that is, it should not be in the possession of third parties. This right is retained by a disabled citizen even if he already owns land plots.

What documents will a disabled person need when receiving a plot of land?

The first step is to submit an application to the local authority authorized to deal with this problem. The application must indicate the purpose of using the land, the desired location and ownership. The application is accepted if the following documents are available:

The original passport of the disabled person is presented for visual inspection, and a copy is submitted;
A certificate confirming the registration of the applicant;
Certificate of registration with the tax office as an individual;
Certificate of medical and social examination about disability (certificate of ITU series).

The right to receive free land plots for disabled people for individual construction is intended to improve their living conditions.

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

It's fast and FOR FREE!

For citizens with disabilities, the state constantly comes up with special programs that offer great simplification of their lives.

These proposals include opportunities for people with disabilities to improve the conditions in which they live. They can obtain a free plot of land and build housing on it.

Key Aspects

You can obtain a plot of land through an auction. But citizens with disabilities have a benefit - they have the right to priority registration of a plot of land for disabled people.

That is, citizens with disabilities may not participate in the auction, but receive a plot automatically, but only if another person with disabilities does not apply for this plot.

There is a misconception that this benefit is intended for disabled people of the first group, and other citizens with disabilities cannot use this right.

But this is not so - plots of land can be obtained by disabled people of all 3 groups, as well as families with disabled children.

Citizens with disabilities can receive plots of land for the following purposes:

farming;
construction of a summer house or house;
arrangement of a garden and/or vegetable garden;
construction of a garage.

Necessary concepts

Disability is a condition of a person in which there are obstacles or restrictions in the activities of a person with physical, mental, sensory or mental disabilities.

A benefit is certain advantages, additional rights, absolute or partial exemption from the fulfillment of certain rules, obligations, or simplification of the conditions for their fulfillment.

Who is eligible to apply

The recipient of this state assistance is a citizen who has any disability group. It doesn't matter what group it is or the reason why it was acquired.

Recipients of this assistance may also be persons raising disabled children. But they can claim the plot in the interests of the children.

A land plot is issued only once, so you won’t be able to get it a second time. An exception may be a situation when a plot of land is destroyed or becomes unsuitable for housing construction due to various unpredictable events, which may include a landslide or earthquake.

For the second application, a person with disabilities must document the fact that the plot of land can no longer be used for the construction of a private building.

Legislative framework

The procedure for registering ownership of land plots for citizens with disabilities is regulated by Federal Law No. 181 “On the social protection of disabled people in the Russian Federation” dated November 24, 1995.

According to this law, people with disabilities can register a plot of land for various purposes out of turn on preferential terms - free of charge or at a reduced cost.

The Decree of the Government of the Russian Federation No. 901 “On providing benefits to disabled people and families with disabled children to provide them with living quarters, payment for housing and utilities” states that the conditions for registering land allotments for disabled people are regulated by regional laws.

Rules for providing land plots to disabled people

The rules for issuing land plots to disabled people are as follows:

Citizens who have any degree of disability, as well as citizens who have disabled children, have the right to free plots of land;
they must be registered with the administration in accordance with the need to improve their living conditions;
the decision regarding the provision of a plot of land is adopted only by local authorities, for which special plots of land are allocated, and first the plot is given for rent, then within three years the construction of housing must begin on it, which allows a disabled person to register ownership of the plot;
An essential condition is that the family of a citizen with a disability must really need a plot of land that is used to build housing, so they must ensure the presence of unacceptable living conditions.

Design features

The procedure for registering a plot of land as a property is considered simple. To do this, perform the following actions:

a full range of documents is being prepared that is needed to obtain a plot;
documents are sent to the administration office, where all sent documents are analyzed;
then they are sent to a special commission for analysis;
to confirm the data contained in these documents, the commission can send requests to various government agencies;
based on the information received, a decision is made regarding the provision of a land plot to a disabled person;
if it is positive, then the disabled person receives papers on the basis of which he can begin construction on a certain land.

Documents should be submitted to the local administration, and certain regions offer the possibility of completing this procedure electronically.

The possibility of submitting documents at a distance is important especially for people with disabilities, because it is often difficult for them to get to different institutions.

You can contact the social security center so that an employee of this institution comes to the applicant to collect documentation and write an application, then they are sent to a special commission for consideration.

Disabled people do not need to pay a state fee for purchasing this service; this is due to the fact that persons are beneficiaries.

It is necessary to understand that the land is in the possession of regional authorities. Therefore, in regions there may be certain local laws that introduce specifics to land law.

This often leads to a large number of different consequences. Nowhere is it stipulated that the land registration process is free of charge. Therefore, the price of a plot of land is also determined by local authorities.

How to get for 1 group

The main issue for registering a land plot for citizens with group 1 disabilities on a free basis is the registration and collection of the necessary documents that prove the status of a preferential category of citizens.

When applying for land, please include the following information:

the required location of a piece of land;
presence of a valid reason for obtaining land;
the necessary intended purpose of the land plot;
a request for the possibility of registering land without an auction on a free basis;
legal basis for using the land for your needs.

If you have evidence of a difficult financial situation, be sure to include it. The period for analyzing the necessary documents according to legislative requests does not exceed 30 days. Typically, a response from the authorized body arrives within two weeks.

2 groups

Disabled people of the second group can hope to register land plots in the same way as representatives of the first and third groups.

The priority for the issuance of land plots is not divided into categories; citizens of the 1st disability group do not have advantages over citizens of other groups.

The procedure for registering a site for group 2 disabled people is as follows:

prepare medical papers certifying the assignment of a disability category;
submit an official appeal to the local government office arguing your position on the need to obtain land free of charge;
receive a response from the authorized body;
upon approval of the application, collect documents for registration of rights to the site in Rosreestr.

3 groups

The legislation does not provide for separate requests for the issuance of free land allotments to citizens with disabilities of the third group.

To register ownership of a free plot of land for disabled people of group 3, follow the instructions:

make an application to the municipal government;
send the necessary personal data to the authorized organization;
send an officially issued medical report. commission about the presence of a disease, which was the reason for issuing the applicant a 3rd disability group.

What package of documents will be required to receive it free of charge?

To obtain a plot on preferential terms, you must collect the following documents:

application for land registration. It should indicate the site and its purpose. Also in this document it is necessary to write that the site should be provided free of charge on the basis of legislation;
applicant's passport;
ITU conclusion on assigning a degree of disability to a person;
certificate from the place of registration.

Allocation of an allotment for children with disabilities

Provision of land plots to families with disabled children is carried out in the following cases:

the child’s health was severely damaged, certain body functions were lost due to illness, a birth defect, or an acquired injury;
his activities were severely limited - he could not move, take care of himself, or communicate;
the child requires special social services. protection, which includes rehabilitation.

The family that is raising such a child must have many children. If it does not exist, then it will not be possible to register a plot of land for a child with disabilities for free; there is only an extraordinary purchase without an auction.

The procedure for obtaining a plot is no different from the process performed by an adult, but all actions are carried out by a child representative.

Adult citizens with disabilities or children with disabilities can receive a plot of land from the state.

To do this, you do not have to perform specific actions; the entire procedure can be carried out electronically, and you don’t even have to leave your home.

Rules for the provision of land are regulated by regional legislation. If problems arise in registering land, you can go to court or the prosecutor's office.

Video: social housing for disabled people

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.