As part of state support, current legislation provides for the free provision of land plots to large families. This right can be used by families raising three or more children, living both in large cities and in the periphery. This article will discuss the procedure for acquiring plots of land by Moscow residents.
Law on the provision of land plots to large families in Moscow
The conditions for obtaining land plots free of charge are defined in the Federal Law “On Promoting the Development of Housing Construction”. If the allocation of a free plot is impossible for valid reasons, then large families are necessarily offered monetary compensation in an amount equal to the cost of the land plot in the region of residence.
According to the provisions of the law, large families are considered to be persons who are in an officially registered marriage and raising three or more children. The entire family must live at the same address.
The distribution of land for preferential categories of citizens living in Moscow is also regulated by the provisions of regional legislation. In accordance with these regulations, it is possible for privileged categories of citizens to receive a free plot only if there is free land intended for individual residential development.
Money instead of a plot
An acute shortage of land suitable for transferring ownership to citizens forces regional authorities to look for a way out of the current situation. One of the options was monetary compensation for land plots for large families.
The possibility of monetizing social support is regulated by regional legislation, therefore not all regions can afford such an alternative option. For 2021, relevant regulations have been adopted only in St. Petersburg, Nenets and Yamalo-Nenets Autonomous Okrug.
As for the amount of compensation, everything is purely individual. For example, in St. Petersburg these are land certificates worth 300 thousand rubles, and in the Yamal-Nenets Autonomous Okrug - 30% of the cost of housing, the size of which is proportional to the number of family members (18 m2 per person).
Find out in more detail in what cases large families can be given money instead of land.
Which families are considered large
Applicants for free receipt of land within the Moscow region must be guided by the norms of regional legislation.
Law of the Moscow Region dated June 2, 2011 No. 73 defines the following criteria for obtaining the status of a large family:
- the children's parents are officially married;
- There are three or more minor children in the family (both natural and adopted children are taken into account);
- spouses and children live together.
According to the provisions of the law, a large family does not include:
- a child in state care;
- a child whose parents have been declared deprived of parental rights in court;
- a child whose parents are recognized as having limited rights;
- a child for whom the adoption process has been annulled.
Conditions for obtaining a plot of land by large families in Moscow
Large families will not be able to obtain a plot of land in Moscow due to the lack of free land intended for individual construction. Land is provided free of charge to families registered in the Moscow region and raising three or more children.
The conditions for free allocation of land are as follows:
- all members of a large family have Russian citizenship;
- presence of registration in the Moscow region (for 5 years or more);
- all family members live at the same address in the Moscow region;
- applicants for a free plot should not have other territories under their right of ownership.
Do not have the right to count on receiving a plot of land for a family to which the state previously provided land on the right of long-term use or lifetime ownership. In addition, this prohibition also applies if the family owns real estate in Moscow.
Is it possible to sell the plot
Despite the complexity of registration, not everyone receives land plots in order to improve their living conditions. In the context of this, many are interested in whether it is possible to sell a plot of land allocated to a large family by the local administration.
The answer to this question depends on the conditions under which such an allotment was allocated. For example, if the provision of land is carried out on the terms of free rent, gratuitous use or other conditions not related to the transfer of ownership (which must be stipulated by the legislation of the subject of the federation), then the sale is impossible.
If the acquisition of ownership rights is permissible after the construction of a house or at least an object of unfinished construction, then the right of ownership, and, consequently, the right to sell the plot, will arise only after registration of such a house or object as ownership.
At the same time, we pay attention to how you can sell land received as a large family. We remind you that most often such land is transferred to the shared ownership of family members, including minors. Transactions for the sale of real estate on behalf of children are carried out by their parents. However, for this they will need permission from the guardianship authority. And he may just have questions about why land allocated to improve the living conditions of children in a large family is being put up for sale.
Features of providing land plots in Moscow to large families
It is misleading that federal legislation does not contain exceptions for the provision of land in large cities such as Moscow and St. Petersburg, while there is almost no free land there.
Accordingly, citizens have a legal basis for submitting applications within the framework of a social program to provide large families with land plots in Moscow, but in practice it is impossible to obtain land in this region.
The capital authorities are getting out of this situation by providing large families with adequate compensation. It would seem that if it is not possible to allocate a plot of land in Moscow, then it is possible to provide residents of the capital with land within the Moscow region, but everything is not so simple.
State bodies of the capital do not have the right to dispose of land plots in the Moscow region; these are different branches of government. Thus, the possibility of receiving a free plot for residents of the capital is completely excluded and preferential categories of citizens have the right to claim only material compensation.
At the same time, in accordance with the requirements of Federal Law No. 66 of April 15, 1998, authorities are obliged to allocate land plots intended for gardening to privileged categories of citizens in the region of their residence. Reception of applications regarding the allocation of horticultural lands is carried out by the local administration.
However, due to the lack of available land in Moscow, the acceptance of applications has currently been stopped. To date, the number of requests from citizens in need significantly exceeds the city’s real ability to provide land plots. In order to fulfill existing obligations, the Moscow government is working on the exploration and development of new lands.
The refusal to provide land plots within Moscow due to the lack of free territories is justified by the position of the Constitutional Court of the Russian Federation dated February 21, 2008 No. 121. This document states that the refusal to provide a land plot to a citizen living in an urban settlement is legal if, due to the environmental, urban planning and other features of the region, it is not possible to find a suitable plot. This circumstance will not be considered a violation of constitutional rights.
Thus, the position on the absence of free land plots in the capital and, accordingly, refusals to provide them to citizens is justified and supported by the ruling of the Constitutional Court. This fact cannot be considered as actions that violate the rights and freedoms of a citizen.
At the same time, the Moscow authorities have developed a whole range of social programs aimed at supporting large families. Particular attention is paid to improving housing conditions for the least protected segments of citizens. Expanded programs have been approved to provide material benefits and compensation payments to families in need of improved housing conditions.
Requirements for allocated land
The documents regulating the allocation of plots describe where land is given for a third child.
For example, in the capital, plots are allocated from the country land fund (no closer than 70 km from the border of the metropolis). Some regions may provide sites within the city (subject to availability). The allotment requirements are:
- it must be located in the same region where the applicant is registered;
- the plot is provided with communication lines and utility networks.
Important: the area of the plot, as a rule, does not exceed 15 acres (0.15 hectares).
The rule on the availability of utility networks does not ensure free connection to them. It only says that local authorities are obliged to ensure that people can take advantage of modern amenities (at their own expense):
- electricity;
- running water;
- sewerage;
- roads and other public goods.
The procedure for obtaining land by large families
The provision of land plots to needy families is carried out on a first-come, first-served basis. For this purpose, submit an application to the local government authority. In the text of the application, indicate the purpose of obtaining the land (for the construction of a residential building, gardening, etc.).
Please attach to your application all documents confirming your status as a large family (marriage registration certificate, birth documents for all children).
When submitting an application, a municipal employee must mark its acceptance and indicate the registration number. You need this information to confirm that your application has been submitted.
In the future, the period for its consideration will be counted from the date of receipt of the application. According to the requirements of the legislation regulating issues related to the consideration of citizens' appeals, a response to your application must be sent to you no later than a month from the date of your appeal.
How can a large family obtain a plot of land?
Read about how a large family can receive money instead of a free plot of land here.
How to get land in Moscow for free, read the link:
Decisions on these issues are made collectively. A specially authorized commission examines all the facts of the possible allocation of a free plot and checks the information provided in the applicant’s request (the presence of the status of a large family, the absence of other real estate on the right of ownership, the financial situation of the family).
If the outcome of the case is positive, the commission makes a decision on the allocation of a plot of land with certain parameters (area, intended purpose) and a specific location. However, this fact does not mean that the applicant immediately receives ownership of the plot. A positive decision of the commission provides grounds for including a large family in the queue to receive land.
If for some reason you intend to refuse the plot provided to you (it is located far from home, does not meet the stated requirements), then if you change your mind in the future, the procedure for proving your rights and observing the order will have to go through again.
Dimensions and types of intended use of land
According to the law, all members of a large family enjoy equal rights to the property given to them. The size of land plots, as well as the types of their intended purpose, are established by local authorities, in relation to regulatory legislative acts.
The established sizes of territories allocated to families in densely populated areas can range from six to fifteen acres, but in the rest of the country it is possible to provide larger plots and this is stipulated in the laws of local governments.
Legislative acts of some regions of the Russian Federation provide for the size of allotments provided to large families, depending on the age of the child, as well as the number of children growing in the family.
Land areas are provided to large families with benefits for the purpose of:
- construction of residential and utility buildings on the site;
- gardening;
- growing crops;
- livestock farming;
- farming;
- carrying out dacha construction.
Attention! If there are three children, the provision of a plot is carried out only once; with a further increase in the family, land plots are no longer provided for free use.
Next, how can large families get land?
Application for the provision of land to large families
Despite the fact that the legislation of the constituent entities of the Russian Federation regarding the provision of social benefits to large families may differ significantly, in any case, begin the process of obtaining a free plot of land by submitting an application.
In the body of your request, please include the following information:
- name of the authorized body responsible for land distribution;
- Full name of the person seeking help, his passport details and contact information;
- justification for the need to obtain a plot (construction of a residential building, gardening activities);
- preferred location of the land plot;
- a list of documents attached to the application (confirming the applicant’s right to receive benefits);
- personal signature and date of writing the appeal.
Complete the application in two copies. When submitting an appeal, ask a government agency employee to give you a registration number on the second copy of the document. In this case, you will have confirmation that your application has been officially accepted, and after a month, you will be required to send a response.
The applicant also has the right to submit an application electronically through the government services website, attaching scans of supporting certificates. Their authenticity will be verified by the authorized body as part of interdepartmental cooperation. The period for reviewing documents is also no more than a month.
When transferring an application and supporting documents through a representative, do not forget to legitimize his rights with a notarized power of attorney.
Housing and monetary compensation
The administrations of many cities and densely populated regions of the country are faced with the problem of issuing free land plots to families due to the lack of suitable land plots for housing.
According to the amendments adopted in March 2015 to Federal Law No. 138 of June 14, 2011, families with a legal right to the territory can be allocated apartments at the expense of local regional budgets.
To obtain an apartment, a family submits an application to the local administration responsible for providing housing and awaits a decision.
Having received a positive response, he provides documents to be placed on the queue.
The list of documents required to obtain a preferential apartment is completely identical to the one that a family needs to obtain land plots.
Also, very often you can hear the question from citizens: “How can large families get money instead of land?” Receiving monetary compensation is provided for by law, but has not received local legal regulation due to the financial capabilities of local regional budgets.
The law stipulates that the amount of compensation cannot exceed the cadastral value of land plots, but these decisions remain within the competence of local administrations. Some of them, according to the resolutions of the regional Dumas, compensate the preferential category of citizens with one-time subsidies in the amount of 200,000 rubles.
You will learn how to receive monetary compensation instead of land from the video:
Documents for the provision of land to large families
To be able to register and be included in the queue of families in need of housing, it is necessary to submit in advance a package of documents proving this right.
The following materials are submitted to the authorized body whose competence includes the allocation of plots of land to large families:
- certificate of officially registered marriage;
- children's birth certificates;
- certificate of residence of all family members at the same address;
- a document from the guardianship authorities stating that there are no reasons for deprivation of parental rights;
- documents for adopted children (if any);
- passports of parents with many children.
The above materials must be submitted to the authorized body in photocopies. However, in any case, you are required to show the municipality employee the originals of the submitted documents.
Suspension of consideration of an application
In order to make an administrative decision on the allocation of an allotment to a large family, local authorities are given a period that does not exceed thirty calendar days.
In most cases, such a decision is made much faster, which allows the family to get on the waiting list.
Suspension of consideration of an application for land may be due to the fact of providing inaccurate data suggesting a change of citizenship, registration or place of residence of one of the spouses.
Consideration of the allocation of land may also be refused due to deprivation of the rights of one of the parents, as well as one of the members of this family being supported by the state.
The consideration may be suspended due to lack of registration of relations between spouses, delay in passport exchange, or inaccuracy in documents.
A negative decision received from the administration must be justified, and the reason for the refusal recorded in writing.
Sometimes decisions are postponed due to the withdrawal of land from circulation on the basis of regulations that are regulated by the Land Code of the Russian Federation, Article 27.
Queue for land plots for large families
According to the requirements of the current legislation, the allocation of land plots to large families is carried out in order of priority. Registration is possible only after a positive decision by the authorized body to allocate land to a needy family. For this purpose, the applicant submits an official application to the municipality and attaches documents confirming his right to receive this benefit.
The exact waiting period in line to improve housing conditions by obtaining a plot for individual development is not specified by law. This nuance depends on the specifics and population of a particular region. The waiting period for free land provision can range from 2-3 months to several years. At this time, there is a search for vacant plots or the development of new lands (if there are no unoccupied ones).
When a vacant plot is formed, the authorized body informs the applicant about this. Previously (until January 2021), persons who applied for help in improving their living conditions were subject to a notification procedure.
In case of refusal of the allocated land plot, they had to inform the municipality within ten days. If a refusal request is not received by the local organization, the site is considered accepted by default.
This procedure has now changed. In case of allocation of land to a needy family, the applicant is obliged to declare his readiness to accept the plot within a period not exceeding 30 days. If an application is not received from the applicant within the prescribed period, he is considered to have refused the benefit provided.
If the plot of land provided by the state suits you, be sure to notify the authorized body about this.
The legislation gives only a month to initiate the land acceptance process. If you miss this deadline, you will lose the right to claim the plot allocated by the municipality, and it will go to another large family in the order of priority.
If for some reason you are not satisfied with the site, you will not need to write a refusal. Without receiving your consent to accept the site within thirty days, the authorized body will transfer the land to another large family.
Legislation
The main law on the provision of land plots to large families is the Land Code. However, in accordance with the Land Code of the Russian Federation, the federal legislator delegates the authority to allocate land to federal subjects with many children. It is the regional council that determines the cases when a family has the right to receive land, the procedure and conditions for its allocation.
The law allows at the regional level to establish an alternative to land plots - for example, the allocation of housing.
That is, according to the law, a large family is entitled to a plot of land only when this is adopted at the regional, republican or city level (Moscow, St. Petersburg, Sevastopol) by the relevant laws. Such acts have been adopted in most subjects of the federation, in particular:
- in the Moscow region - dated 06/01/2011 N 73/2011-OZ;
- in the Republic of Adygea - dated December 28, 2011 No. 59;
- in the Kemerovo region - No. 56-OZ;
- in the Nizhny Novgorod region - dated July 18, 2002 No. 168-Z dated December 1, 2011;
- in St. Petersburg - dated December 6, 2011 No. 710-136;
- in the Arkhangelsk region - dated October 7, 2003 No. 192-24-OZ;
- in Crimea - dated January 15, 2015 No. 66-ZRK/2015;
- in Karachay-Cherkessia - dated May 18, 2012 N 28-RZ;
- in the Kirov region - dated November 3, 2011 No. 74-ZO;
- in the Chuvash Republic - dated 04/01/2011 No. 10 and so on.
In many regions, to further regulate issues of housing assistance to large families, in pursuance of previously published regional laws, a special resolution on the allocation of land in 2021 was also adopted.
Such regional acts are in force in St. Petersburg, Chechnya, Crimea and other regions, including those where special laws on the provision of plots to beneficiaries have not been adopted. They usually specify:
- list of conditions;
- the procedure for allocating land;
- maximum plot sizes;
- list of required documents and other procedural issues.
Deadlines for providing land plots to large families
Within the framework of the requirements of current legislation, a citizen’s appeal received by a government agency cannot be considered within a period exceeding 30 days. If a positive decision is made on the issue of gratuitous allocation of land to a large family, then it must be formalized in the form of a resolution or order of the authorized body. Based on this document, the family gets in line to improve their living conditions.
Based on practice, on average, at least a year passes from the moment of filing an application to the actual receipt of the plot.
The waiting period in peripheral areas is much shorter than in cities with a population of over a million; it can be 2-3 months. In densely populated regions, such as the Moscow and Leningrad regions, the period for granting land usually exceeds one year. This situation arises due to the fact that there are not enough free plots for everyone who needs to improve their living conditions, and it takes time to develop new lands.
But since in any case, social support for the least protected layers of citizens is guaranteed by the state, even if it is not possible to provide land in kind, large families are paid targeted financial assistance (expenditure is expected only on the purchase of housing or land).
Apartments instead of a plot
Another alternative is an apartment instead of a plot of land. The possibility of providing residential premises is provided for by the provisions of clause 6 of the Land Code of the Russian Federation, which transfers these issues to the competence of the subjects of the federation.
If regions deem it necessary, they can offer large families residential premises instead of land plots, although families have the right to refuse. The problem is that such laws have hardly been adopted anywhere.
The most striking example is the Khanty-Mansiysk Autonomous Okrug - one of the few regions where large families can be given apartments instead of land in 2021. The current program involves providing families with a certificate for improving housing conditions (30% of the cost of housing, based on the market value of an apartment with an area of at least 18 m2 for each family member), which can be spent on purchasing an apartment or house, participating in shared construction, or making a contribution to mortgage
Read more about providing apartments to large families.
