Land for 3 children: conditions for receiving a child at birth, what documents are needed for registration, how to draw up an application, can they refuse and why

Russian legislation does not provide a precise definition of a large family. The criteria for this category are developed at the regional level. Nevertheless, there is a practice of social support for large families. Thus, some subjects of the federation, in order to improve the situation of this category of citizens, provide a free plot of land for the third child.

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Federal Law of June 14, 2011 N 138-FZ “On Amendments to Article 16 of the Federal Law “On Promoting the Development of Housing Construction” and “Land Code of the Russian Federation”

Decree of the President of the Russian Federation of May 5, 1992 N 431 “On measures for social support of large families”

The legislative framework

With the advent of the third child, the family receives the status of a large family.
This means that it is subject to several documents at once, which stipulate the possibility of various benefits:

Decree No. 431 of 05/05/1992 “On social support for large families”;
Land Code of the Russian Federation, in particular Article 39.5, paragraph 6.

The Land Code of the Russian Federation stipulates the possibility of obtaining a plot for free, but there are no specific instructions. There are also no direct statements in the decree. Therefore, as of March 2021, there is still no federal law that would guarantee a large family receiving a free plot.

However, in almost all constituent entities of the Russian Federation there are local legislative acts that ensure the receipt of a land plot upon the birth or adoption of a third child.

Attention! Since at the federal level there is no uniform regulation for obtaining land by a large family, each region may have its own conditions and requirements for candidates.

What is a land certificate

To improve the demographic situation, all families with three or more children have the right to receive a plot of land intended for housing construction. In practice, the implementation of the program differs greatly from the expected capabilities. The sites provided by local authorities are located far from large populated areas and lack basic utilities. As a result, even those who can obtain a plot of land are unable to actually develop it and build a house.

The land certificate fueled interest in the implementation of the state program. This practice is not used in all regions. However, the successful initiative is gradually being picked up by more and more areas. In essence, a land certificate is compensation that is issued for the purchase of a plot of land or a finished residential building. Its amount increases every year through indexation, but it is approximately equal to the size of maternity capital.

Each potential participant in the program must understand that he has the right to receive a certificate or refuse it, and expect to be issued a free site. The cost of the land plot will definitely be more than monetary compensation. However, the land received cannot be returned to the state or exchanged. The only thing you can do if the location of the plot is not at all suitable for you is to try to sell it. However, the liquidity of land without electricity, water and access roads is very low, and it will be difficult to sell it.

Requirements

Each region has its own characteristics.

But in most regions, a family can apply for a free land plot if it meets the following conditions :

there are 3 or more minors in the family;
if one of the children is between 18 and 23 years old, but is studying full-time at any educational institution and can present the appropriate certificate, he is equated to a minor;
children who are fully supported by the state are not taken into account, including minors who study in boarding schools;
children in respect of whom parents have been deprived of parental rights are not taken into account;
adopted children are considered equal to their own children;
all family members have Russian citizenship;
there are no other land plots in the property;
mother and father must be legally married;
the family must apply in the region where they have lived for more than 5 consecutive years.

Other conditions depend on the region. For example, in the Lipetsk region, a large family will receive a plot only if it needs improved living conditions. However, the mere fact of owning an apartment is not an obstacle to the issuance of land.

Reference! The area of an apartment that can accommodate one family member is determined separately in each region. It is 10-18 square meters.

Suspension of the application review process

The procedure for considering a submitted application has the right to suspend if:

the package of documents has not been collected completely, or the submitted documentation does not correspond to the required list;
the land plot you like is in demand by the state to realize its own intentions;
the site is not properly registered and the municipality needs additional time to resolve this problem.

In such situations, do not get upset and give up! It is imperative to bring the matter to completion, despite all the difficulties and delays that arise.

How to register an allotment?

Free land is allocated from a special list of municipal lands. It must be located within the applicant’s region of residence.

The available size is established by law at the subject level. It can range from 15 acres to 2 hectares.

The land is provided for free use for the construction of a residential building.

After construction, the land can be taken over. There is no need to pay for the plot.

However, the process of registering land ownership is formalized only after submitting an application to the local authorities.

What documents are needed?

Immediately after the birth of the third child, the family must receive the status of a large family. The certificate is issued through the local administration.

After completing it, you can begin collecting other documents:

applicant's passport;
personal data of the second parent (notarized copy of passport);
birth certificates of all children;
adoption certificates if necessary;
a certificate from the educational institution confirming student status for children over 18 years of age;
a certificate from the house register to confirm the registration of all family members in the region;
certificate of a large family;
Marriage certificate.

This is the basic kit. Before collecting papers, it is recommended to check the current list for a specific region.

Statement

An application for an allotment can be prepared in advance or drawn up on the spot. It can be written in free form, adhering to the rules for preparing business documentation.

Important! One family can only claim one plot. In some regions, for example, in the Leningrad region, citizens are offered monetary compensation, which is approximately equal to the cost of the plot (in St. Petersburg, families receive about 355 thousand rubles).

If there is a possibility of receiving compensation in the region, the application should immediately indicate the desire to receive funds. The wait for a site can take a year or more.

Where to submit papers?

The application, along with a set of documents, is submitted to the local (at the registration address of family members) administration or other self-government body. There is no need to submit papers to the area where the family wants to receive an allotment.

Procedure

Payment for land surveying work is transferred to the applicant.
After allocating the plot, the applicant enters into a lease agreement with the municipality, which must be registered with Rosreestr. The document specifies the lease term (usually up to 20 years) and the absence of rent.

When a residential building is built and registered on the land, you need to contact the municipality with an application to transfer the land into ownership. The lease agreement is terminated and the applicant registers ownership of the land.

Deadlines

Within a month after the application, the application is considered and a decision is made. If a large family meets all the requirements, then within a year they will be allocated a plot.

The deadlines are not met everywhere, so the family continues to queue for a plot until the municipality allocates a suitable one or offers monetary compensation.

Where to contact?

The allocation of plots is the responsibility of regional municipalities. These government organizations are legally authorized to register and distribute land. Therefore, families wishing to participate in the Program should submit an application to the municipal authority in their place of residence. You must have a certain package of documents on hand.

You will not be able to declare your rights to the local administration through the MFC. The implementation of such transactions is not within the powers of multifunctional centers.

Reasons for refusal

Lack of vacant plots is not a reason for refusal. Therefore, after consideration, documents will be returned to a large family only in 2 cases:

there are not enough documents;
the applicant does not meet the conditions.

In the second case, the municipality indicates which requirements have been violated.

Is it possible to appeal a refusal?

The refusal can be appealed through the court. It is recommended to do this if the plaintiff is completely confident that he is right and that the refusal is illegal.

To file a claim, you need to collect the same documents as to submit an application for placement in the queue and registration of land. Correspondence with the municipality and the explanation for the refusal must be saved and printed.

Reference! Such claims are extremely rare in judicial practice.

How expenses are reimbursed - receiving land capital funds for families with many children

To receive land capital, the spouse who is officially the owner of the land plot must appear at the MFC and provide:

documents received from Rosreestr;
certificate;
bank details with the bank's stamp to which funds should be transferred.

The decision on compensation will be made within 10 working days. Then, within 3 working days, it is sent to the settlement center. In addition, it takes approximately 15 working days to transfer funds to the account of the buyer of the land plot.

Features of use and ownership of the plot

The land plot is not immediately transferred into ownership. The initial goal is to provide land for construction. This is why the applicant enters into a lease agreement with the municipality.

While the land is leased, it
can be used for its intended purpose, i.e.
only for construction. It will not be possible to rent out this plot, since the built house must be registered in the name of the recipient of the land. For many families, this stage is the most problematic.

The plots that are allocated by the state for large families free of charge have many disadvantages.

Most of them are not connected to communications and are located far from roads . Payment for connection of communications is expensive, so not everyone can pay for its connection.

Some residents are creating joint petitions and writing statements to draw attention to this problem. For example, in the Krasnodar Territory in 2021, it was possible to increase the amount allocated from the budget to improve infrastructure and install gas and water supply to sites received free of charge.

After completion of construction, the site becomes the property of the applicant and his family members.

After receiving ownership rights, the plot can be rented out, sold, etc. There are no restrictions on use. However, once a plot is sold or donated, the family cannot apply for another plot.

Types of allocated lands

Initially, the regions of the Russian Federation participating in the state program provided land exclusively for housing construction. But over time, many regions began to allow the use of allocated areas for the following purposes: