In the Russian Federation, people with disabilities receive special attention and care. One of the manifestations of this guardianship is the provision of allotments to disabled people. How to get free land, quickly collect and execute the necessary documents, regional features acting on behalf of local governing bodies, all issues will be covered in the article.
Rules for obtaining land plots by a disabled person
In 2021, citizens living in Russia and having varying degrees of disability or families with disabled children have privileges when receiving a land plot. According to the law, these persons should not take part in auctions and stand in line; they can immediately become land owners, as indicated in Article No. 25 of the Land Code of the Russian Federation.
On the received plot, a disabled person has the right:
- build a dacha or house for permanent residence;
- do gardening;
- run a private household;
- build utility rooms.
It is prohibited to engage in farming or other types of business that generate profit.
Receipt for 1 group
The main thing for citizens of this category of disability is confirmation of their status, the correct preparation of the application, the attachment of documents indicating a difficult financial situation (if available), as well as a request for a free plot.
2 groups
Persons with disabilities having group 2 are endowed with all the rights as people with groups I-III, the first does not provide any priority in priority.
3 groups
The process of allocating a land plot to a group 3 disabled person is no different from registration for other preferential categories; the main criterion is the presence of disability and evidence from a medical institution.
For disabled children
Families who are raising a sick child and want to acquire an allotment must have many children, otherwise they will not be able to get free land. It will only be possible to buy it out of line, without an auction. Otherwise, the stages of registration differ from groups 1, 2 and 3, only in the package of documents.
IMPORTANT: Applicants for a plot of land must have a lifelong disability, this gives a chance to quickly receive the desired plot.
Requirements for applicants
In order to become the owner of a land plot, you must meet a number of requirements. The law imposes special rules, so please read what is written here carefully.
By the way, if you live in any region, be sure to read the local legislation before trying to participate in such a program.
Local legislation is regulations that were issued in the territory of your subject and act on behalf of the local administration. However, such legislative acts must not contradict Federal Laws and Codes. Such acts may contain additional information that will be useful.
In order to qualify for a plot on preferential terms, you must belong to a disability group , and it does not matter which one. The main thing is that you have a certificate that confirms this.
If we are not talking about a disabled person, but about a family where a disabled child has benefits, then such participation is also possible due to the fact that this land plot is allocated for the construction of a residential building, and therefore can have a beneficial effect on the child’s health.
In addition, you must be a participant in the program for the first time, otherwise, if this is not the first time you are trying to take a land plot on preferential terms, this may arouse suspicion among the administration, and your candidacy will be removed from the queue.
You will need to prepare the necessary package of documents that meets all the conditions for preferential assistance. Otherwise, without certain papers, you cannot hope to be allocated an allotment.
There are additional conditions that relate to various material and documentary areas. However, they are presented by individual regions; perhaps they exist in some places, not in others.
For this reason, it is necessary to pay full attention and familiarize yourself in advance with all the conditions contained in federal and local regulations .
More detailed information about obtaining land for disabled people of groups 1, 2 and 3 can be found here
What is written in the law on the provision of land plots to disabled people
Law No. 181-FZ of November 24, 1995 on social protection of disabled people provides for and regulates the right to issue land to incapacitated persons and for families with disabled children. Confirmation of this law is the Decree of the Government of the Russian Federation No. 901 of July 27, 1996, which states that incapacitated persons, by submitting a correctly completed application and attaching a certificate confirming their status, can become owners of a land plot. The resolution of the Presidium of the Supreme Court of the Russian Federation, adopted in 2008, states: “disabled people do not take part in auctions and receive ownership or temporary use of a certain plot of land.”
If for other citizens of the country land is provided with the right of paid rent or purchase, the socially unprotected category is supposed to receive it absolutely free. In 2021, benefits apply not only to the allocation, but also to the free survey procedure, registration and registration in the cadastral register.
The main reason for the transfer of land plots to the privileged category of the population is the interest of the government and social services in improving the living conditions of people with disabilities. Therefore, plots are issued for individual housing construction (individual housing construction) and SNT (garden non-profit partnership), they can be used for vegetable gardening and gardening, construction of a house, garage or outbuildings. If a person uses it for other purposes, after the expiration of a three-year period, he may lose the land, even if he is its full owner.
Features of the allocation program, legislative framework
The allocation of plots, as well as any other benefits, free of charge to such categories of Russian citizens as disabled people, is carried out on the basis of regulatory legislation, which includes:
- Federal Law No. 181 “On Social Protection of the Rights of Persons with Disabilities...” of 1995. This law, in particular, determines the procedure for registering land as the property of persons with disabilities. According to the text of the regulatory act, persons with health impairments, depending on the accompanying conditions and the percentage of disability, can count on priority receipt of land at a reduced cost or free of charge;
Flowchart of the sequence of administrative procedures for obtaining a plot - RF PP “On Social Protection...” No. 901. This law concerns provision for families raising one or more disabled children. In particular, one of the main points that is reflected in it is information on the regulation of issues of land allocation by regional authorities.
An important point in obtaining a plot of land as part of social support for certain categories of citizens is the presence of documentary grounds. In particular, the main documents that give grounds to call a citizen a disabled person are a certificate from the MSEC and a certificate of a disabled person.
In order for a citizen of the Russian Federation to be officially included in this category, he will need to undergo a special medical commission, which, according to certain medical criteria, assesses the degree of disability, expressed in violation of the vital functions of the human body.
Sample extract from the certificate of examination of a citizen recognized as disabled
Such violations may affect physical capabilities, sensory, mental and others, separately reflected in legislative acts. Such disorders can be either acquired during life (due to an injury or illness) or present from birth. Depending on the age at which a person was recognized as disabled, he may belong to childhood disabilities or to groups 1, 2 or 3 (for adults).
Thus, before applying for social benefits that can be received within the framework of social programs, you will need to undergo all the necessary examinations and obtain supporting documentation.
Persons with disabled status can use their right for the following needs:
- use as a personal plot - from 15 acres;
- use for individual residential construction - from 10 acres;
Land rights of disabled people - for gardening, construction of a residential type facility of any size - from 12 acres;
- for installation (construction) of a garage - from 4 acres (provided that no residential-type structures will be erected on the land).
The program to provide plots for persons with disabilities is being implemented throughout the Russian Federation. At the same time, it is necessary to take into account that each individual region may have its own directions and opportunities for the provision of plots - in this regard, being guided by the laws of the Federal scale, it is imperative to become familiar with those that apply in the region of registration of the person having the status.
If you have access to the Internet, information can be obtained on the official website of the subject (specific region) or through a personal visit to the local administration.
Design features
During the registration process, you may encounter some nuances, so you should know what documents are needed, how to obtain a certificate confirming disability, who can be the representative of a minor or a completely incompetent person.
Package of documents
Each case is unique, so the commission has the right to require additional documents and certificates.
Basic:
- A certificate of disability is the most important document on the basis of which you can submit an application for the issuance of a plot of land. If it is not available, you must contact your doctor for examination and referral for a medical examination, based on its conclusion, the necessary document is issued.
- Application – it requires indicating that the person is disabled and wishes to obtain ownership of a certain plot of land. A special application form can be downloaded from the administration website or obtained from local authorities.
- Passport – you must attach a duplicate of it; if the parents of a sick child register, make copies of all family members and the minor’s birth certificate.
- Other documents - you will need an individual identification number, a certificate indicating the current place of registration, papers confirming the need to improve living conditions (if this is really necessary).
YOU NEED TO KNOW: Misrepresentation about the living conditions of employees of administrative bodies, or special bringing of housing to an emergency condition, is punishable by law.
What problems may arise
The first and main problem in this procedure is the lack of free land plots in large settlements
. In this case, even if there are all the reasons, it will be impossible to obtain land - because it simply does not exist. Although, if the applicant finds a site suitable for him and asks to allocate it, then the local administration can approve this (if the site does not belong to someone else and is not located in a “prohibited” zone).
Here the second problem arises - what to do if local authorities are obliged to comply with the law, but there is no land? Usually they find vacant territories closer to the outskirts of the city and “cut” them into plots. There will most likely be no electricity, no water, or even an access road.
. Whether or not to take land there is everyone’s business, but if he agrees to such a plot, a disabled person automatically loses the right to receive land again.
In addition, there may be problems with decision-making by officials:
- unlawful refusal to recognize those in need of improved housing conditions;
- delay in consideration;
- denial of the right of a disabled person to receive land without bidding, etc.
All this will have to be appealed in court.
, and most often the court will take the applicant’s side, but there are different situations. Sometimes the court may even oblige the administration to pay for the services of a cadastral engineer to allocate a site - the thing is that federal laws do not stipulate all this, so each judge makes a decision based on the arguments of the parties.
The procedure for providing plots
Having collected all the necessary documents, you can contact the territorial authorities. If a person is completely incompetent or has not reached the age of majority, this can be done by his relatives, guardians, adoptive parents or authorized persons of the guardianship authorities. When creating a commission to consider an application, the latter are included in its composition.
The need for an allotment is determined by three factors:
- there is less than 12 m2 of housing for each family member;
- no other residential property available;
- housing has not been improved for five years.
Land is provided for disabled people on a first-come, first-served basis; it makes no difference whether the applicant is in the first or third group. 14 days are allocated for consideration of the application, sometimes the period is extended to a month. After this time, an answer should come whether the land plot has been issued or not. If some documents are missing or there are gross errors in the application, then the commission gives time to collect the papers and correct the errors and examines them again.
How to write an application correctly
When submitting documents to consider the possibility of obtaining land, an important point is the preparation of the application - the decision taken by the commission on whether to allocate an allotment or not may ultimately depend on how well it is formed.
Thus, the text of the application must contain the following data:
the body to which the application is submitted (its name and address);- personal data - full name, registration address (it is necessary to understand that the application is submitted directly to the administration of the district in which the disabled person is actually registered);
- the name of the document itself;
- reflection of the basis for the possibility of obtaining an allotment;
- indication of the purpose for which the site is needed - individual housing construction, gardening, etc.;
- reflection of the list of documentation attached to the application;
- number and signature of the person.
In the event that a citizen with a disability cannot fill out an application on his own due to health reasons, it is permissible to perform such an action with the help of an authorized person.
Can they refuse?
If a disabled person and a family with a disabled child were given, in their opinion, an unreasonable refusal, they can apply again within 1 month, collecting the missing documents, eliminating errors, or contact the judicial authorities within three months.
Cases of lawful refusal:
- the disabled person has already received a plot of land;
- the information contained in the documents is not true.
In these cases, it is useless to go to court; the decision will be made in favor of the state.
Is it possible to exercise this right?
Disabled people of all groups, children without parental care (orphans), low-income and large families, as well as those raising disabled children can acquire territory free of charge.
Becoming an applicant means becoming a participant in the state program (“get in line”). Let's look at the details later.
If the documents submitted by the applicant are positively reviewed, the recipient of the land plot can rent it for an unlimited time or subsequently make it private property, but first the state enters into a lease agreement with the program participant, the subject of which is the allocated land plot.
The recipient of the land plot has the right:
- use it for the purposes of individual housing construction, i.e., build a residential or country house;
- use for gardening or make a vegetable garden;
- build a garage or something else;
- use as a personal subsidiary plot.
If there are 2 beneficiaries in a family?
There are cases when more than one person in a family has a disability group, it could be a spouse, wife, child, parents, brother, sister. The law provides for the acquisition of a land plot by two persons with disabilities living together. Based on this, in the future, each of them can build housing on a site for individual housing construction and create a separate unit of society. Land is allocated to every person who has confirmed disabled status, regardless of how many such people live in one family.
Required package of documents
The basis for obtaining a land plot is an application submitted by a citizen to the administration. The document must contain information about the purpose of use of the land, the desired location and ownership of the site.
The following package of documents is attached to the application:
- Passport or other document confirming the applicant’s identity.
- Registration or other document confirming the place of permanent registration of a citizen.
- A document with a tax individual number.
- The conclusion of a medical and social examination on the assignment of a certain disability group.
- A certificate stating that the applicant has not previously received a land plot under the specified social program.
The period for consideration of the application is fourteen days (calendar). If the answer is positive, the administration issues a resolution to provide a plot of land to a disabled person for use or ownership.
After receiving a plot of land, a citizen is obliged to register the specified object with the state within thirty days.
Regional features
Each district has an individual program of social assistance for people with disabilities. It happens that it does not contain provisions on the provision of free land plots to this category of the population. In such a situation, you should complain about the district administration to higher authorities and go to court. The same applies to cases where local authorities do not allocate plots of land due to their absence, they should not refuse, but put a person on a waiting list until suitable land becomes available. You can independently find the plot of interest and contact the local administration to obtain it.
In addition to these nuances, an additional package of documents or certificates may be required; before submitting the application, you should clarify which documents need to be attached to the application.
VERY IMPORTANT: The issuance of land plots to incapacitated people and disabled children is a federal program and local authorities are obliged to implement it. The presence of land ownership previously acquired or inherited cannot be a reason for refusal to provide a free allotment.
What to do in case of refusal
The commission's decision is not always favorable. Common reasons for refusal include:
- Incomplete package of documents;
- Inaccuracy of the information provided;
- Repeated application without good reason;
- The applicant owns another plot of land;
- Lack of plots suitable for allocation;
- Lack of rules for allocating plots to preferential categories on the territory of the settlement.
If in the first two cases it is enough to make adjustments and apply again, then in the last three cases it is impossible to do without a trial. Local officials believe they are providing a good reason, but the federal benefit must be granted regardless of rules or other parameters.
To appeal, you must contact the court office within three months, where the claim is filed, attaching a copy of the refusal and documents accompanying the case. By a court decision, the municipality will be obliged to realize the right of a disabled person and allocate him a plot for construction or running a private household plot within the period established by law.
The refusal may not be subject to judicial review if the applicant for a preferential land plot:
How to register a plot after receiving
An agreement on ownership of the plot is signed at the district administration. If the owner is a minor or a completely infirm person, his authorized person must sign.
The rights and obligations of the parties are also spelled out there. The owner undertakes to use the land strictly for its intended purpose, be sure to develop it and not neglect it. He is also subject to all penalties for failure to comply with these requirements. The second party guarantees that it has allocated the allotment in excellent condition, fully suitable for conducting agricultural activities or building a house.
It is worth noting that the plot is issued only for rent; in order to become its owner, possession of it for five years is required. After this period, you can submit an application to local authorities about your desire to become an owner. A commission will be assembled and the request will be considered; if the person used the land for its intended purpose and there are no claims against him, his request will be granted.
If a disabled person has built a house on a given plot and lives in it, then the land ownership automatically becomes his property. Having received the relevant document from the administration, you need to register with Rosreestr and receive an extract from the Unified State Register of Real Estate.
ATTENTION: Monetary compensation is not provided in lieu of the allotment provided!
Is it possible to register land as a property?
The state allows the registration of a plot of property, provided that more than 5 years have passed since the receipt of rights to it, and the plot has been used for its intended purpose.
In some regions, a mandatory requirement is the presence of a registered residential building on the land in order to be able to register ownership.
After the required period has expired or the building has been erected,
the citizen must submit an application for the transfer of rights and documents:
- copy of passport;
- cadastral passport;
- a document confirming the existence of rights to land (usually a lease agreement);
- receipt for payment of registration services.
The cost of services is 2000 rubles. for individuals. After submitting the documentation, the applicant is given a receipt.
Reference! The document may indicate the exact date of receipt of the USRN extract containing information about the new owner. The procedure lasts up to 10 days.
Which disabled person is eligible to apply?
The type of state assistance in question, as mentioned above, is available to disabled people of any group and the reason for which a special status has been established. Citizens representing the interests of children with health limitations are not excluded from the list of beneficiaries.
Let us note that a plot is allocated once in a lifetime, unless there are recorded facts of destruction of the plot or the impossibility of its operation due to an earthquake, landslide or other force majeure. Under the influence of unpredictable circumstances, the beneficiary, with evidence of what happened in hand, has the right to apply for the issuance of land a second time.
How to get land for disabled people of group 1
Citizens with disabilities of the 1st category, applying for a free plot of land, must confirm their status and belonging to the number of beneficiaries. Be that as it may, the application for obtaining land should indicate:
— desired location of the land plot;
- the reason for allocating the plot;
— further intended purpose of the land;
- a request that the property be registered free of charge and outside the auction;
- the legal basis for using the site due to personal need.
By the way, it would not hurt to attach evidence of the applicant’s difficult financial situation to the documents as an additional factor for making a decision in his favor. In general, papers can be reviewed for up to 30 days, but a response comes in about two weeks.
