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Persons with disabilities have priority right to receive a plot of land. Rules and features of obtaining land for disabled people

The Federal Law “On Social Protection of Persons with Disabilities” states that people with disabilities and families who have a disabled child in their care become beneficiaries entitled to receive a land allotment.

The site may be provided for the following purposes:

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

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:

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Industrial enterprises and other commercial organizations are not allowed to be located there. The territory of individual housing construction is intended for the construction of residential buildings.

Existing grounds

To receive a plot of land for free, you must be a member of 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.

When starting construction or constructing a house, an allotment can be made.

For development

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

This also applies to those cases where the plot was transferred to, but three years later construction has not begun on it.

Having exercised your right to receive land, repeated application will not bring the desired result.

But this condition has exceptions:

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

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

It is also prohibited 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 being raised.

Parents receive a lease and are required to begin construction as soon as possible.

After the child reaches adulthood, he becomes the owner of the plot.

Receipt 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 due to health reasons he cannot independently handle the registration, his representative can do this.

For this purpose, it is written and certified by a notary. Additionally, you will need to obtain information from the doctor about the applicant’s health status.

Collection of documents

These include:

  1. Civil passport and copy.
  2. Conclusion from VTEK.
  3. from the place of registration.
  4. A statement indicating the degree of disability and the right to receive benefits 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 will 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 adoptive 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 procedure:

If errors or omissions are found in the application, it will need to be redone and the documents will need to be submitted again.

The application is filled out by hand, signed, decrypted and dated. Without this data, the paper is considered invalid.

It is possible to submit an application typed on a computer, but with the obligatory 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 within 14 days.

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

Let's look at how land is provided to people with disabilities and what difficulties may be encountered.

Grounds for allocating a plot of land to a disabled person

Conditions for allocating land plots to disabled people

  1. The allocation of land plots from the land fund owned by local governments or the state occurs in the order of priority from citizens who have the right to receive land out of turn. Both citizens with disabilities themselves and their parents, guardians or adoptive parents can join it.
  2. Land is allocated for ownership or long-term lease. The second option involves the possibility of acquiring ownership of the site in the future. The form of land transfer is determined based on the purposes of use and the desires of the applicant.
  3. All lands have their own purpose, suggesting their specific use. If it turns out that the site is not being used for its intended purpose, then the administrative commission has every right to impose a fine under Art. 8.8 Code of Administrative Offenses of the Russian Federation.
  4. possible if a participant in a preferential category or his family really needs to improve their living conditions. This may manifest itself in a lack of living space for each family member (less than 12 m2 per person) or in non-compliance of housing with sanitary and technical standards where the citizen lives.

The procedure for allocating a land plot to a disabled person


The procedure in which land plots are provided to people with disabilities 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, indicating its desired location and purpose of use, attaching documents confirming the disability of the citizen or his family member;
  • select a site from those already available or being prepared for allocation;
  • collect and submit the necessary documents;
  • obtain a decision on the allocation of a site;
  • conclude an agreement with the local administration on the purchase and sale or lease of a land plot;
  • register your right to the plot.

Refusal to provide a site

There may be legitimate reasons for refusing to allocate a land plot.

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:

  1. 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.

  1. 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.
  2. 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.
  3. 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 complete the following steps:

  1. Provide evidence that he is low-income.
  2. Submit an application to government agencies, expressing your desire to obtain territory for building a house (the desired area and purpose are specified).
  3. All documents necessary for the occasion are collected.
  4. Official queuing takes place.
  5. Land acquisition takes place. The person becomes a tenant and receives the right to further purchase it.
  6. 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

It has long been known and proven that the Russian Federation takes care of its population, every citizen, both big and small. Everyone, according to the law, is entitled to their own plot of land.

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:

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

It's fast and FOR FREE!

Not only adults can be disabled due to an accident or illness; unfortunately, sometimes children are also burdened with this.

According to today's topic, unstable and dependent segments of the population are disabled children. They are not able to take care of themselves, so their families need government support.

Parents or guardians of disabled children, in addition to the benefits they are already entitled to, have another legal right - to receive a plot of land for their own use.

In this case, you should study the procedure for providing free land.

Initial information

The owner can use the allocated land for the following purposes:

  • acquire a subsidiary farm;
  • build your own house;
  • engage in gardening or gardening;
  • build any other structure (garage, cottage, etc.).

A family with disabled children also has the right to:

  • medical benefits;
  • decent education;
  • health programs in camps and rehabilitation centers;
  • spiritual support;
  • legal security.

But today we’ll talk about the land issue.

Necessary concepts

According to the current legislation of the Russian Federation, there are minimum established sizes regarding the allocated plots of property:

Each region has the right to set its own size for the allocated plots for disabled people, relative to its group.

Where to go

In order to exercise his land and civil right of ownership, the applicant applies to the relevant authorities.

You can find out on the spot which papers need to be prepared. For the most part, this issue is dealt with by the local administration.

Legal aspects

Federal legislation of the Russian Federation states that every citizen with a group (any) has the full right to be allocated a plot of land.

Such a program involves social protection of the population in this situation. Guiding Law “On Social Protection of Disabled Persons in the Russian Federation” dated November 24, 1995

Families raising a disabled child also have this right. Current legislation stipulates that the allocated land, or rather its size, must have clear boundaries

.

The absence of this criterion in reality is not a reason for refusal.

A nuance will be the consistency when you need to contact the municipal committee to register the allocated plot of land under a cadastral number, with entry into the passport (cadastral).

The procedure for providing land plots to disabled children

There is no need to talk about the distinctive features of the procedure for registering land for a disabled child from the general formation system.

In other words, they are identical. The only difference may lie in the set of documentation required for registration.

It is worth noting that each region has its own procedure and rules in this regard. Also, the scale of the sites provided (its area) is also limited by regional standards.

This means that disabled people with the same status and state rights in different regions can receive land plots of different sizes.

Conditions for receiving in Moscow

Every citizen with a disability group has the right to receive a plot of land without a queue.

The only condition is that the selected piece does not belong to anyone else, which means it is completely free from third parties.

Even if a disabled person already owns a plot of land (personally privatized), he is still entitled to a free plot of land, both within the city and outside it.

The administration carries out the land registration procedure instead of the disabled person.

Step-by-step actions when registering

Like any government process, the intended issuance of something free of charge must follow the sequence of actions by both parties:

  • first of all, visit the authority leading in this matter (administration, district administration, etc.);
  • For a citizen who is not knowledgeable about this issue, it is advisable to consult with an employee, at least to find out what papers should be prepared;
  • Next, the available territories or those in the process of preparation will be viewed;
  • During this time, all necessary documents for registration are collected;
  • waiting for a decision after submitting documents with an application;
  • if the decision to issue land is approved, you will need to contact the Rosreestr office to obtain a cadastral number for the land (cadastral passport);
  • The last step will be to register your legal right to own this plot of land.

Of course, we will not exclude the possibility of refusal upon request. But for what reason could this happen:

  • a citizen does not have such a right to a free plot of land;
  • he already has one land share;
  • irresponsible attitude towards collecting documentation;
  • there was falsification of data, any information provided;
  • insufficient data;
  • There are currently no available land plots in the municipality.

If a refusal occurs, but the citizen believes that he was refused illegally, then he must save the decision (ask for a written response in a documentary format), and then go to court.

The line to issue land moves quite slowly. As soon as a vacant plot becomes available, the applicant will be informed.

What package of documents do you need to collect?

In order to legally receive a piece of land for a disabled child, you must collect the following documentation:

  • the application form itself. It must clearly indicate the place where the disabled person wants to purchase the land;
  • information regarding your health status, namely, disability group;
  • preferential category;
  • be sure to indicate for what purposes the allocated land will be used;
  • passport of the Russian Federation citizen, a second document may be useful to confirm your identity;
  • TIN or SNILS;
  • medical document certifying disability status;
  • other registration information certified by the housing company.

This package of documents is reviewed by the administration for two weeks.

Features of allocating a free plot of land

The state carries out numerous campaigns and events aimed at care and assistance, improving the living conditions and condition of persons who are among the disabled in the group.

One of these provisions is the provision of free land to disabled children. This right is granted only once in a lifetime.

Only in exceptional situations is repeated re-registration to a new site permitted.

Such situations are factors independent of the actions of the applicant (landslide of the site, earthquake, flood, etc.)

.

In addition, this point must be documented.

That citizen who has not yet exercised his legal right to acquire land can do so at any time by contacting the relevant authorities.

A citizen who has health limitations or has the status of a disabled person can confirm this with a certificate from a medical and social examination.

But even he may encounter bureaucracy, which prevents the provision of land free of charge. Simply put, municipal property will not be given away indefinitely.

Therefore, they will spend a long time looking for that piece of land that is not subject to these restrictions.

Disabled people or families raising disabled children who have been refused a free plot must file a claim in court within three months.

1st disability group

Today there are three disability groups - first, second and third. Each of them has the authority to receive preferential support from the state, including land law.

The first group is the highest and most difficult compared to the others.

This includes citizens who are completely unable to take care of themselves independently, and who are generally deprived of the ability to move.

Essentially, these are just recumbents. They cannot even work at home, study normally, and need constant outside help.

Accompanying indicators are complete blindness, mental retardation, and motor impairment.

In this case, they are faced with the difficulties of life, where they cannot do without support. The only exceptions are the blind and deaf.

They can carry out work activities. The state has developed special centers and conditions that include small jobs that this category of citizens can handle.

Wheelchair users who have upper body control can also perform some types of work.

Disabled people of this group, accordingly, cannot participate in the process of registering a land plot or privatization, therefore it is allowed for them to do it (other representatives).

3 disability group

The third group of disability is the lowest and primary, when a corresponding disease is detected.