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Is a disabled person of group 3 entitled to a plot of land? Free land plots for disabled people: conditions and procedure for obtaining

The legislation takes every possible care of citizens with disabilities. This is proven by the fact that the state provides all disabled people of groups 1, 2, 3, as well as families who have a disabled child in their care, with a plot of land for use.

Also, persons falling under the preferential category have the right to receive a plot of land from the state. These are large families, pensioners, low-income people, orphans and people with limited ability to work.

How can a group 3 disabled person get a plot of land? This question is answered by a government program that requires compliance with a number of conditions.

According to legislative acts, a land plot is allocated to a disabled person on the basis of a lease agreement, the terms of which provide for the opportunity to use it for an unlimited period and even take it into private ownership.
The allocated area can be used to:

build a residential house or country house;
plant trees, grow vegetables;
build a garage;
engage in personal farming.

Conditions for obtaining land

The conditions for free receipt of land are stipulated in detail in the Federal Law “On Social Protection of Disabled Persons”. Persons with disabilities of all groups and families with incapacitated children can participate in the program. To obtain territory for development, an incapacitated citizen will need to stand in line at the local administrative body, and then lease the land with the right to re-register it as ownership. In this case, the recipient will need to begin construction on the site within three years. This fact will make it possible to privatize the site.

Attention! If real estate construction does not begin on the site within three years, then the area is confiscated into state ownership. In this case, a person with a preferential category loses the right to receive free construction space again.

The law also stipulates the provisions under which an incapacitated citizen will be considered in need. The law talks about situations where:

a disabled citizen does not have a private house or other housing;
per family member there is up to 12 square meters of space.

A gratuitous allotment is available to citizens with disabilities subject to the following requirements:

presence of disability, or;
very low income;
there is a need to improve living conditions.

The right to receive a free allotment is given to:

disabled people of all groups;
families with incapacitated citizens;
parents with children with disabilities;
guardians and adoptive parents of children with disabilities.

What documents are required to obtain a land plot?

You can receive land from the state after you submit the following to representatives of the city administration:

Application (an important clarification: an application is written to the local administration with a request to provide a place for development; the desired area must be indicated; the application also indicates the applicant’s disability group and the category of the beneficiary).
Passport and TIN (copies).
VTEK result on assignment of disability.
Certificate about the number of members in the family.

The papers are reviewed for two weeks, after which the applicant receives the territory for use.

What is the procedure for providing free allotment?

To get the desired land, you must:

Contact the administrative authority at your place of residence.
Write the application by hand.
Provide the required papers.
Register in line.
Conclude an agreement to lease the space and eventually convert it into ownership.

For your information! If the application is refused, you will need to appeal the refusal in court or the Prosecutor's Office.

Where should documents be submitted?

Control over the queue and distribution of land between preferential categories of people is ensured by the territorial administration (municipality). Documents for allotment of an allotment must be submitted to the city administration. In some territorial centers, people are referred to the Department of Property and Land Relations.

What to do if you are denied entry into the queue?

If government agencies officially refuse to provide a place for construction to a person with physical disabilities or a family with a disabled child, the applicant will need to file a claim with the court within 3 months.
Most often they are refused if:

In a given territory there is no decree on the issuance of land plots to people from the category of beneficiaries.
The applicant is not registered as a person in need of improved living conditions.

None of these reasons justifying refusal are legal. Therefore, having received an official refusal, you should go to court with it and a number of papers and defend your rights there.
The court will protect the rights of a person with limited ability to work and will oblige the district authorities to allocate land at the expense of budget funds.

Land allotments for children with physical disabilities

A family with a minor child with a disability can legally apply for free land for building a house or running a subsidiary farm.
To obtain a territory for development, you will need to collect the following documents:

A document confirming the birth of a child with a disability. If there are several such children, then papers are collected for each child.
A document issued based on the results of a social examination on the assignment of a child to a disabled category.

Current questions and answers

Question 1. Can an incapacitated citizen with a disability group receive some territory from the state for development if he falls into the category of those in need, but is already a landowner? Answer 1. Being the owner of a land plot, a disabled person does not lose the right to receive free land for development under the state program.
Question 2. Where should an application be filed with a complaint about the refusal to provide a gratuitous allotment - to the court or to the Prosecutor's Office? Answer 2. Both the court and the Prosecutor's Office accept complaints of this kind. Both authorities are obliged to protect the rights of people affected by illegal actions of local authorities. The only difference is that through the court this issue will be resolved faster, and through the Prosecutor’s Office it will take longer.
Question 3. In what cases can the local administration provide territory for housing construction and set a price for it? Answer 3. Local authorities have the right to set the price of land if:
the applicant’s monthly profit is above the average for a given region;
the disabled person owns real estate;
if the disabled person does not belong to the category of people in need of improved living conditions.

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 which group 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 receive 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

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At the moment, the Russian Federation still has a program for issuing free land plots to disabled children.

Our editorial office very often receives questions on the topic: “is a disabled child entitled to a plot of land?” — especially for you, dear readers, we answer: YES! But there are features that we will discuss below.

If the program participant is not an adult, but a disabled child, there are some differences in the procedure for obtaining an allotment:

a minor aged 14-18 years has the right to act independently with notarized consent from parents, adoptive parents or guardians.
The remaining categories of children are under the full responsibility of their legal representatives, who are parents or authorized guardians.

Representatives have the right to act in the interests of the child and register land property on his account, remaining stewards of it until the legal holder comes of age.

They also contact the local branch of the administration, an authorized person, and draw up a statement of a similar type, but the main reason for the application is that:

social adaptation of persons with disabilities is difficult, and a child’s receipt of a plot of land, on the basis of guarantees provided by the state (FZ-181), will allow him to solve pressing vital issues.
The site is planned to be used for its intended purpose, with details of use indicated, in the interests of the child and under the supervision of the guardianship and trusteeship authorities.

The package of documents attached to the application is the same. Additionally, it is possible to attach a petition from an authorized person of the guardianship authorities. Evidence of the representative’s authority, as indicated in the application, must be attached.

Deadlines remain the same. Persons are exempt from paying state fees. The plot can be registered in the name of the parents or the child, by decision of the administrative commission. If a child is recognized as the owner, then until the child reaches adulthood, the parents undertake to be responsible for the use of the memory.

If you still have questions about the provision of land plots to families with a disabled child, you can ask them in the comments.

When resolving a land issue in favor of a person with disabilities, for example, for disabled people under individual housing construction, it is advisable to involve a maximum of organizations that can have a positive impact on the decision of the administrative council.

Today, land is not just property - it is highly valued. Depending on the status of the site, it can be used for various purposes. For example, as an area for a garden or vegetable garden or for personal farming.

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!

Recently, they have become very popular because they are intended for the construction of residential buildings.

In general, only wealthy people can afford to buy such a plot.

The exception is the preferential queue, which includes disabled people. Unfortunately, the warning system in the regions does not work well, so most of them are not aware of their rights.

Law

The land grant program is regulated.

It sets out the main points according to which this category of the population has the right to improve their living conditions.

Another regulatory act is. It provides for the right of disabled people to receive land for personal purposes.

Program

One of the federal programs developed specifically for people with disabilities is the provision of land plots to this group of the population.

It is being implemented everywhere in Russia; moreover, additional regional programs have been developed for its timely implementation.

Information about them is not distributed, but you can find out more about this on the official website of the government of a particular subject.

If you do not have access to the Internet or this information is missing, you will need to contact the administration office.

Grounds

Disabled people are a group of citizens classified as preferential categories. The state takes care of them, trying to create the necessary conditions for living.

In our country there are three degrees of disability - 1, 2 and 3. Are they all entitled to receive plots? Yes, if a person belongs to any group, then he has the corresponding right.

If a citizen is not disabled, but has taken on guardianship or trusteeship of a child with a degree of disability, then he also has the right to receive preferential treatment.

Providing land plots to disabled people for individual housing construction

Providing disabled people with land plots for individual housing construction is a federal program implemented in each subject and throughout the country as a whole.

In this case, certain conditions must be taken into account.

Under construction

Land plots for disabled people for individual housing construction are provided only once. A citizen cannot apply for the exercise of his right again.

The exception is situations if the land:

ceased to exist;
became unusable due to the influence of factors without the will of the disabled person (an example is an earthquake).

In this case, he has the right to a second appeal.

If a disabled person is denied a plot for the reason that he already has a plot (purchased with his personal funds), then this is a violation of his rights.

Based on the law, he has the right to the territory in any case.

Terms

An important condition is the need to confirm the fact of loss of the previous land plot.

The legislation strictly ensures that disabled people receive only free territory that does not belong to other citizens.

Receipt procedure

The procedure for obtaining a land plot for a preferential group is easy, since it is free of bureaucracy.

The whole procedure is divided into stages:

Collection of documents.
Sending the collected package to the local administration. From there it goes to the office and is reviewed by the commission.
After reviewing the documents, they submit requests to certain authorities. This is required to confirm the truth of the documents provided to him by the citizen.

Until recently, people with disabilities were forced to go through each stage of the procedure on their own. It included collecting documents, standing in lines, filling out various forms, etc.

Today, all this has been simplified; it is even possible to use the service in electronic form. To do this, you will need to visit the government services website.

Using it, the disabled person receives the necessary list of documents that need to be collected.

Documents

One of the stages of obtaining a land plot is collecting documents.

You need to prepare the following package:

Copy and original of civil passport.
A certificate indicating the presence of registration in the subject, it is important that the territory is issued only in the subject where you are registered.
TIN certificate.
Certificate confirming the degree of disability.
Statement.

The package of documents is small, so it is reviewed in a short time.

Sample application

The application is one of the key documents you submit. It must be written in literate language, otherwise it will not be considered.

It is important to mention all facts of legal significance - this will reduce the time for obtaining plots:

in the upper right corner when drawing up an application, it is required to mention the body to which the document is sent;
it is important to provide all information about yourself;
indicate, in accordance with what right you are applying to receive the territory, your task is to indicate the category of disability.

Rules for drawing up a document:

indicate the signature and number, without this the document will not be considered;
all information should be presented briefly but succinctly;
all information must be indicated on sheet A4;
The use of a computer is permitted, but the signature must be written by hand.

Deadlines

Typically, the time for reviewing documents and making decisions is prescribed in advance in the programs being implemented and does not exceed one month.

For example, the time for submitting and subsequent consideration of applications by the administration also does not exceed thirty days.

Additional time can be spent sending requests to authorities and various clarifications.