Cough

Presentation on provision of land plots to disabled people. How can a disabled person get a plot of land for free? Free program review

5/5 (8)

Key aspects of legislation

Auctions are held by municipalities for the purpose of selling plots of land owned by the administration of a settlement or district. Citizens with disabilities have a legal right to register a plot out of turn.

Persons with disabilities can obtain ownership of land without participating in an auction on a general basis. But only in the case when other citizens with the same benefit do not apply for it.

There is an opinion that only disabled people of group I can take advantage of this right. This is not confirmed in regulatory documents.

Those citizens who have been assigned any of the three disability groups, as well as families of disabled children, can obtain ownership of the plot.

The resulting land can be used for one of the following uses:

personal subsidiary plot;
construction of a residential building or cottage;
construction of a garage for vehicles;
gardening.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues.

Conditions for obtaining land

The Federal Law “On Social Protection of Persons with Disabilities” contains clauses that explain in detail the procedure for registering land as a property free of charge. This provision of the law covers citizens with the first, second and third groups, as well as those raising disabled children.

A citizen with disabilities can obtain a plot for construction or gardening from the local administration.

After writing an application, he will be put on a waiting list and given the land for long-term lease. If desired, it can be re-registered as private property if construction work begins on it within three years.

Important! If three years have passed since the receipt of the plot, and the capital construction project has not been registered, then the plot is confiscated from the disabled person.

In addition, he loses the right to re-receive preferential land on this basis, since once he received it, he did not use it for its intended purpose.

The normative act contains articles defining which disabled people are recognized as needing to be provided with a site.

Persons who have:

does not own an individual residential building or apartment;
Each family member has less than 12 m2.

The law gives the right to exercise this right subject to three conditions:

presence of any disability group;
the family is recognized as low-income;
It is necessary to improve living conditions due to cramped living conditions.

The following categories of citizens can take advantage of the benefit:

persons with disabilities of groups I, II and III;
families with incapacitated citizens;
a person who is dependent on a disabled child;
guardians and adoptive parents of disabled children.

What documents will be required?

Land can be registered for long-term lease or ownership only after submitting the following documents to the local administration:

statement. It sets out the requirement for free provision of the site, the purpose of further use and location. The text indicates the disability group and membership in a preferential category of citizens;
passport (copy);
TIN (copy);
VTEC conclusion on group assignment (copy);
certificate of registration at the place of residence (copy).

The site provided does not always have a boundary plan. The decision on the demarcation of boundaries in kind lies with the local government body. After receiving permits, a citizen is required to complete all paperwork within a month.

ATTENTION! Look at the completed sample application for the provision of a land plot to a disabled person:

Procedure

To receive a free plot, a disabled person should:

contact the local government authority at your place of registration;
write an application with your own hand;
attach the required package of documents;
stand in line to receive it;
conclude a long-term lease agreement, and after registration of the start of construction work, privatize the site.

Where to submit the collected documentation

The local administration oversees the waiting list for preferential categories of citizens to receive land. A person in need can be added to this list here.

Please note! The distribution of allocated plots among families raising disabled children and citizens with disabilities is carried out by municipal authorities.

Beneficiaries who need to obtain a plot of land can contact the local government authority or directly the Department of Property and Land Relations.

Terms of consideration

After submitting an application requesting the provision of a plot of land, the citizen awaits its consideration. The law allows no more than two weeks for this. After the specified period, the applicant receives a decision on placement in the queue or a reasoned refusal. In some cases, the waiting period can last up to one month.

If unexpected circumstances “emerge” during the review, then the administration is given no more than 45 days to clarify all the nuances and make a decision. The citizen must be notified of any extension of the deadline for consideration.

Watch the video. Free land for disabled people:

What to do if you receive a refusal

Cases of refusal to provide a plot do occur. What to do if you receive such a decision from municipal authorities? A family with a disabled child or the disabled person himself should file a lawsuit within three months demanding that the refusal be declared illegal.

The main reasons why municipal authorities do not put people on a waiting list:

in the applicant’s territory of residence there is no legislation according to which disabled people can apply for free land;
a citizen does not stand in line for improved housing conditions.

If you see one of the above grounds in the decision of the local government, feel free to appeal it in court. All of them are against the law, and the case will be won.

Remember! The court will satisfy the claim of a person with disabilities and oblige the local administration to allocate a plot of land to him.

How to file a lawsuit

The application is drawn up in accordance with the requirements contained in Article 131 of the Code of Civil Procedure of Russia.

It states:

the full name of the judicial authority to which the application is submitted;
Full name of the plaintiff, address, contact telephone number;
defendant's details: name of authority, address, telephone. The information is provided in full, without abbreviations;
the citizen’s claim (amount of claim) and the amount of state duty. A reasonable amount of compensation increases the chances of the claim being satisfied in full;
circumstances that served as the basis for filing the application. It would not be amiss to mention information about relevant papers;
evidence confirming a violation of your rights. These may include references to regulations and witness testimony;
a list of documents attached to the claim;
personal signature and date.

Important! In addition, the following is attached to the lawsuit:

receipt of payment of state duty;
power of attorney if represented by a lawyer;
the text of the official document, if it is disputed;
copies of applications to the court according to the number of participants in the process.

If these requirements are not met, the judge has the right to legally refuse to accept and consider the claim. At the same time, time is given to correct and eliminate comments.

If the applicant does not meet the allotted deadline, the paper is considered not accepted and is returned to the originator along with the attachments.

Submit the application to the district court at the place of residence of the defendant or the location of the organization if the claims are brought against a legal entity.

ATTENTION! Look at the completed sample claim for recognition of the right to receive a land plot and recognition of the refusal as illegal:

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:

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

It's fast and FOR FREE!

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, and not by 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 the age of majority, 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:

Civil passport and copy.
Conclusion from VTEK.
from the place of registration.
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.

Russia is a social state, and care for the most financially vulnerable citizens is enshrined in the country’s Constitution. Disabled people are one of the “preferential” categories. To protect their rights, a special law “On the social protection of disabled people in the Russian Federation” is in force; their rights can also be enshrined in the legal acts of the constituent entities of the Russian Federation.

One of the measures of social support for disabled people and people with limited health capabilities is the preferential allocation of land for construction or gardening. In some regions, land can be obtained at a reduced price or even free of charge.

It should be noted right away: neither the Land Code, nor the Civil Code, nor the Federal Law “On Social Protection of Disabled Persons” provides for the possibility of allocating free land for disabled people of any group. The legislation states that people with disabilities have the right to receive land plots out of turn.

According to Article 30 of the Land Code of Russia, the distribution of vacant plots for construction or gardening occurs using the auction method.

The municipality announces a competition, and if more than two people participate, the land is given to the participant who offered the highest price

However, in this case, it is impossible to implement the principle of priority provision of land plots for beneficiaries, which, in addition to people with disabilities, also include:

large families;
families in need of improved housing conditions;
families with disabled children;
war veterans;
labor veterans;
honorary citizens of the city;
orphans, etc.

Therefore, if there are applications from persons of the specified categories, auctions are not held, and the applicants are invited to purchase the land.

In a number of regions, for example, in the Saratov, Nizhny Novgorod regions, the Republics of Bashkortostan and Tatarstan, it is possible to obtain plots for free. However, to do this, the municipality must sign a corresponding order. When allocating plots, the disabled people will not necessarily get the plots - everything will depend on the serial number in the queue.

Sites are provided to disabled people of all groups, war invalids, as well as parents or guardians of an incapacitated disabled person. In some regions, disabled family members of a deceased war invalid, pensioners living in the region for at least 5 years, repressed and subsequently rehabilitated persons, etc. are added to this list.

How much land and where can a disabled person be given free of charge?

Different regions have their own limits on the allocation of free land to disabled people. However, the minimum established dimensions are as follows if a plot of state or municipal property is allocated:

for gardening and vegetable gardening - 0.04 hectares;
for building a summer house or raising animals 0.15 hectares.

If a plot is allocated from the region's ownership:

for gardening and building a summer house - 0.12 hectares;
for gardening and livestock breeding - 0.15 hectares;
for private farming - 0.15 hectares;
for the construction of a residential building - 0.10 hectares;
according to the target program in Novosibirsk - 0.06 hectares.

Procedure for obtaining land and necessary documents

To receive a free plot, you must contact the municipality with an application and provide all the necessary documents:

a copy of all pages of the passport;
certificate of registration at the place of residence (you can get an extract from the apartment card from the management company);
a certificate that the disabled person has not previously received land free of charge;
certificate of disability.

Review of the application takes 30 days

Afterwards a positive decision is made or a justified refusal is made. The refusal must be requested in writing, and subsequently it can be appealed in court.

If the decision is positive, the disabled person is registered and his application is assigned a serial number. Now we just have to wait for the land to be distributed. The speed of the queue depends on many factors, including the number of free slots allocated.

When the turn comes, the applicant will be notified. If you agree to receive the plot, the process of registering land ownership will begin.

Important: since 2009, there is no need to pay income tax in the amount of 13% when an individual receives a plot of land from municipal or state property

However, if the site is allocated from regional or republican property, such a tax will have to be paid.

Possible restrictions

The list of reasons for refusal is limited:

the applicant does not have the right to receive a free plot of land;
the applicant has previously exercised the right granted to him;
all documents were not provided, or a forgery was detected in the documents, or the documents do not contain the necessary information;
There are no plots of land owned by a municipality or a constituent entity of Russia that can be transferred to the applicant free of charge.

Gentlemen theorists! Don't attack the ladies, which I completely agree with.

Not all disabled people are given plots of land! The judicial prospect of obtaining it is very small.

The most important thing from the article below "And by law
Moscow region " »
the property of citizens who are disabled has not been established.”

And the disabled person was left without a plot(from the magazine “Homestead Farming” No. 4, April 2009)
A citizen, let's call him Michal Mikhalych, decided to acquire a plot of land.
He didn’t care what kind of plot it would be - garden, country or for
running a private farm. Because he thought: how
a disabled person of the second group, and also who has a child - a disabled person with
childhood, they will certainly give him a plot. After all, there are no benefits for the disabled
I don't think I canceled it. Article 17 of the Federal Law “On Social Protection of Disabled Persons in the Russian Federation” states: “ ... for disabled people
and families containing disabled people are given the right to
priority receipt of land plots for individual
housing construction, farming and dacha farming and
gardening».
In general, Michal Mikhalych went to the district administration and submitted an application.
Imagine his surprise when he was refused. Michal Mikhalych
was so sure that local officials refused him illegally that
resolutely went to the city court and filed a claim against the district
administration to provide him with a plot of land.
The representative of the district administration, naturally, did not recognize the claim. Like,
there are no more free plots of land in the area for running a subsidiary and
dacha farming. Everything was distributed. And buy such a plot in another area
The Moscow region, at the expense of the local budget, they also cannot -
there is no money allocated for this. In addition, the representative explained that
The current legislation does not impose on local authorities
self-government obligation to provide land plots in
property is free.
To the joy of Michal Mikhalych, the city court took his side and satisfied
claim. Namely: it obliged the municipal district to allocate to the plaintiff
land plot for farming and dacha farming and
gardening. And the judicial panel for civil cases of Moscow
regional court as a cassation instance, where they appealed
representatives of the municipality, the decision of the city court was left unchanged. But
Michal Mikhalych celebrated the victory early. The municipality decided to fight
disabled until the end and filed a supervisory complaint. And the presidium of the Moscow Regional Court agreed with her. Why?
It turns out that the benefit provided for by the law on social protection of persons with disabilities
formulated in such a way that it really does not give anything. Provisions of others
legislative acts essentially cancel this benefit.
Thus, the procedure for providing citizens with land plots for purposes not
related to construction, regulated by Article 34 of the Land Code
RF. In accordance with paragraphs 2, 3 of this article, citizens interested
in the provision or transfer of land plots into ownership or
lease from lands located in state or municipal
property, submit an application to the relevant executive body
state authority or local government.
And paragraph 3 of Article 34 of the Land Code of the Russian Federation provides that in
the application must define the purpose of using the land plot,
its intended size and location, the claimed right to
land. That is, Michal Mikhalych should have clearly indicated in his statement
where is that piece of land that he would like
get. Our legislators are very humane! Disabled person of the second group,
it turns out that it was necessary to scour the entire area in search of free land and
then indicate exactly this place in the application. But he, you see, didn’t indicate.
But the local government body, which has complete
information in this regard, based on the same article, the Land Code is not obliged
provide evidence of the presence or absence of all free
land plots for various purposes available on
territory of the municipal district.
In addition, the disabled Michal Mikhalych expected to receive for himself and
a disabled child was given ownership free of charge from childhood
(where does a disabled person get his savings?), and this is in the Moscow region,
It turns out it's impossible. More precisely, the Land Code of the Russian Federation provides such an opportunity
admits, but the final word belongs to the constituent entities of the Russian Federation. And by law
Moscow region " On the regulation of land relations in the Moscow region»
possibility and norm of free provision of land plots in
the property of citizens who are disabled has not been established.
This is where Michal Mikhalych’s dreams of acquiring a dacha came to an end. Apparently, fresh air and carrots from the garden are harmful to disabled people...