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.
Types of land provided
Now let's talk about what kind of land plots disabled people have the right to.
In accordance with the Land Code, as well as other legal acts, people with disabilities are offered land for individual housing construction and SNT.
This means that on this site a person has the right to erect buildings intended for living and recreation, as well as to carry out gardening or vegetable gardening.
At the same time, it is prohibited to establish farms in such areas or use them in any other way for profit.
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.
Legislative regulation
The provisions of the Land Code state that citizens have equal rights to acquire a plot of land - for rent or registration in possession. But if a person with disabilities claims land, he has the right to receive priority land rights.
The main legislative act regulating the procedure is Federal Law No. 181 of November 24, 1995. Article 17 of the law guarantees people with disabilities the right to priority receiving territories. Article 333.33 of the Tax Code exempts persons with disabilities from paying the fee.
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.
Required documents
- You will need a civil passport to prove your identity.
- A document that proves the fact of registration in the given territory of the subject. After all, the allotment is allocated only at the place of residence.
- Document confirming disability.
- TIN certificate.
If the parents of a disabled child or his guardians are involved in obtaining land, you will also need documents that will indicate family ties or other relationships.
Disability benefits are significant state assistance to those who have serious health problems and who are limited in their physical capabilities. When registering for a disability group, you should always be interested in what types of assistance you can get.
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.
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.
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:
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.
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.
Is there any monetary compensation?
Since land allotments are provided to disabled people completely free of charge, these persons cannot receive compensation due to the fact that they did not spend their funds.
But if a disabled person wants to register a plot of land as his own, and at the same time pay additional funds from his own pocket, then he can count on compensation.
For which persons there is not only a discount or preferential rate for depositing funds, but you can also return 13% of the funds spent in double the amount. This means that 26% of the amount will be returned to you.
Considering the fact that the state does not charge the full amount for the acquisition of a plot of land, but only a small part, the acquisition of a plot of land will cost a disabled person mere pennies .
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!
Nuances
- Each subject of the Federation is implementing a program according to which land is allocated to people with disabilities.
- The plot is issued once. If a person in a preferential category has already received a free plot, there is no need to waste time and apply again for the plot - it will be rejected. The exception is when the quality of the plot deteriorates and it becomes unsuitable for construction or gardening. But the fact of land damage must be documented.
- If a disabled person previously bought a plot of land at his own expense, he has the right to receive another one free of charge from the state.
- When allocating land to a child with a disability, the main thing is to respect his interests. The procedure involves not only a commission from the local government, but also a representative of the guardianship authority.
