How to get land for a third child: conditions, what documents are needed, can I sell the plot or get money?

With the birth of the third child, the family is given the status of a large family. Understanding the difficulties parents face when raising children, the state seeks to provide them with various types of support. Certain benefits become available to the family. These include receiving free land. What is necessary to register a land plot required by law? What documents should be prepared? We will talk about these and other subtleties of the procedure for obtaining land for a third child in the article.

The legislative framework

On January 1, 2007, Federal Law No. 256 “On additional measures of state support for families with children” came into force. According to this regulatory act, citizens of the Russian Federation who have given birth to or adopted two or three children have the opportunity to use maternity capital to improve their living conditions.

According to Federal Law No. 138 “On the Development of Housing Construction,” adopted in 2011, the birth of a third child allows a family not only to qualify for a cash payment for the purchase or construction of housing, but to receive a plot of land with an area of up to 0.15 hectares for free use with the right residential construction. The benefit can only be used once.

In many regions of our country, allocated acres are first leased to a large family for 10 years. The measure was taken to ensure that housing would actually be built on the received land. In this case, the land will become property only after the construction of the house is completed. The decision is made by a special commission, which will need to hand over the building.

The law establishes only general provisions for the transfer of land plots to large families for residential development. Regional municipalities retain the right to present specific requirements for the implementation of the state program, as well as to determine the area and location of sites.

Thus, before starting the land registration procedure, it is worth making sure whether a specific subject of the Russian Federation is participating in this state program. After this, you should carefully study regional regulations on this issue, which clearly stipulate all the conditions for providing the desired acres.

What regulations should be followed?

The main regulation of issues related to the provision of various benefits and privileges to large families is still carried out with the help of Decree of the President of the Russian Federation number 431, adopted on May 5, 1992 to support large families. This Decree also defines the right of regions to determine which family in a particular subject of the state can be considered large. In addition, it is on the basis of this Decree that the regions are delegated the right to establish their own benefits and allowances for families recognized as large.

On December 29, 2006, the Federal Law “On additional measures to support families with children” was adopted. It was with this law that the active implementation of various support measures for families who decided to have a second or subsequent child began.

It came into force on January 1, 2007 and at that time provided payments to families in which a second or subsequent child was born after January 1, 2007. Currently, this federal law has been extended until December 31, 2021 and is aimed at further stimulating the birth rate

With regard to large families, this law in its latest edition contains an important innovation, which allows families raising three or more children, if they are recognized as low-income or low-income, to receive a certain amount monthly from maternity capital for the maintenance of the family. The total amount of this certificate will be reduced by the amount received

Federal Law No. 173-FZ “On Labor Pensions in the Russian Federation” also acts as one of the regulators of the rights of large families. However, its effect extends, first of all, to mothers who are raising five or more children, in the form of providing the opportunity for early retirement if they have a total work experience of at least fifteen years. The benefit provided by this law is paid only to those women who have raised more than ten children, as an addition to the existing pension. Other benefits are not provided for by this law.

Federal Law No. 81-FZ “On State Benefits for Citizens with Children,” adopted on May 19, 1995, provides for various payments to large families in the form of monthly, annual or one-time benefits that are provided to maintain the proper level of material well-being of a particular family.

Since most of the benefits paid to large families are provided at the level of regional budget injections, they will be regulated on the basis of current legislation in the field of ensuring the interests of large families at the level of the constituent entity of the Russian Federation.

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:

growing vegetables and fruits;
livestock farming;
running a personal subsidiary plot;
construction of a summer house.

The use of the site for its intended purpose will be controlled by the authorized body.

Depending on the purpose, the municipality allocates plots included in:

individual housing construction;
gardening non-profit partnerships.

Types of allotments provided at the birth of the 3rd baby

Since the state pursues the goal of providing housing for young families where a third and subsequent child was born, it is quite natural that land plots can be used for construction, as well as gardening .

The main purpose of the plot of land will be the construction of a house for living, or the cultivation of crops for food consumption. Lands included in individual housing construction or SNT are provided.

Conditions

You can receive a plot of land for the birth of your third child only if you strictly comply with the conditions stated by the local administration.

The most common requirements for regions of the Russian Federation are the following:

Family members must be citizens of the Russian Federation and reside in the region in which it is planned to receive the plot for five years. Parents and their children are required to live together and be registered at the same address.
The family has been given the status of having many children. In this case, both natural and adopted boys and girls are taken into account.
An official marriage is registered between the parents.
The family is complete or has only a father or mother.
Representatives of the family should not own land property free of charge.
A large family is participating in the program for the first time, that is, it has not yet received any monetary compensation or benefits for the purchase or construction of housing.
Obtaining land is possible only in the locality where family members have lived for a certain time.
The parents have no criminal record for crimes against minors.

A more detailed list of requirements should be found in the authorized organizations at your place of residence.

One-time payments and benefits for the third child

Lump sum payments, as the name implies, are paid to families only once, while some of them are due during the woman’s pregnancy, and some only after the birth of the child.

It is important not to miss deadlines and arrange payments at your place of work or social security, because no one will return benefits retroactively.

One-time payment for those registered in the early stages of pregnancy

The payment for registering a pregnant woman with a housing complex up to 12 weeks is not that big. In 2021 it is 708.23 rubles. More often, this payment is processed immediately with the BiR allowance, so it is more convenient to submit the entire package of documents once and receive all the money at once.

To process the payment you will need:

passport;
statement;
certificate of incapacity for work issued by the housing complex.

All these papers are submitted to the accounting department at work or to the Social Insurance Fund.

How to get an allotment for free?

Having convinced yourself of the possibility of becoming a participant in the state program for obtaining land for the birth of a third child, you should move on to more active actions.

Step 1 . Statement of desire to take advantage of the benefit. You need to visit your local government office with documents proving your right to participate in the government program.
Step 2 . Finding a suitable plot of land. You can select it yourself using cadastral maps posted on special Internet resources. It turns out that this is not so easy to do. The selected site must meet certain parameters, namely: belong to the state;
have no owner;
not be used by the state for specific purposes;
have a permitted area.

The cadastral data of the suitable plot should be reported to the administration. Or you can immediately let this government agency search for it. If the proposed option is satisfactory, then all the necessary documentation is signed and an agreement is drawn up for the acquisition of ownership of the site under the state maternity capital program. Obtaining a certificate for a site is possible after completing the requested list of documents, which is first verified by a special commission.

Step 3 . Registration of the transaction in Rosreestr. The authorized body registers the ownership rights of Program participants to land. After this, the family can dispose of the plot.

Comments: 2

Your comment (question) If you have questions about this article, you can tell us. Our team consists of only experienced experts and specialists with specialized education. We will try to help you in this topic:

Author of the article: Klavdiya Treskova

Consultant, author Popovich Anna

Financial author Olga Pikhotskaya

Elena
04/13/2021 at 14:54 Good afternoon, if at the time of the birth of the child there was no citizenship, but now it has appeared. Do I have the right to maternity capital?
Reply ↓ Anna Popovich
04/13/2021 at 18:45
Dear Elena, yes, but this right arises after both mother and children receive Russian citizenship.
Reply ↓

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.

Is land given for the third child in a family in 2019?

The issuance of a land plot upon the birth of a third child is included in a number of regional programs to support family, motherhood and childhood. At the federal level, there is no document obliging the authorities of the constituent entities to provide such assistance to large families.

Note!
The state determines the basic norms for the allocation of land to families with many children, and detailed conditions and regulations are determined at the municipal level.

In 2021, land plots were issued in the Krasnodar Territory, Moscow, Ivanovo, Omsk, Ulyanovsk regions and the Republic of Tatarstan. In 2021, the program continues to be implemented in a number of regions. Information on whether the region of residence is included in the list of those that provide land to large families can be found on the websites of local administrations.

Such a plot, like maternity capital, has a specific purpose: it cannot be used for the purpose of making a profit, but only for the construction of a residential building, a subsidiary plot, as well as cultivating a garden.

List of required documents

The application must be submitted to the local administration along with the established list of documents for obtaining land:

a copy of the applicant’s identity document;
a copy of the marriage or divorce certificate;
a copy of documents certifying the birth of all children under age;
if there are adopted children - a copy of court decisions;
a certificate confirming the large family;
certificate of family composition;
a certificate stating that the parents were not deprived of parental rights or the adoption was not canceled (can be obtained from the guardianship and trusteeship authorities);
a certificate from the municipality stating that the plot was never allocated to the family;
a certificate from the Unified State Register confirming the fact that family members do not own or use the plot for free.

Regions are given the right to put forward their own conditions for candidates for receiving an allotment. Therefore, the presented list may be supplemented with other documents.

Program participants should familiarize themselves with the list of required documentation in advance.

Download:

Application form to receive a plot of land free of charge for the third child
Sample application for receiving a plot of land free of charge for the third child

Do I need to pay money for plots?

Land is provided on a lease basis, so you have to pay a low rent every year, set by the regional authorities.

After registering a plot of property, property tax must be paid if the family cannot take advantage of various benefits to reduce the payment or be exempt from this fee.

Correct preparation of the application

The distribution of the desired hundredths for the birth of the third baby occurs on a first-come, first-served basis. Placement in the queue occurs after applying to a government agency with an application.

In the application, the Program participant must correctly outline his basic requirements and grounds for obtaining a land plot.

What points should you pay attention to when drawing up an application?

The document is drawn up on an A4 sheet. It is advisable to take the form and sample from the administration or find it on Internet resources.
The introductory part indicates the name of the government agency to which the application is sent and information about the applicant, including contact details.
In the main part of the document, the applicant sets out his requirements. You must write about your desire to receive a plot of land in connection with the appearance of a third child in the family. Next, information about the birth of children and a list of rights given by law are indicated.
The next point of the application is to discuss a possible option for the land plot and contact information.
The conclusion indicates the date of preparation of the document and the signature of the applicant.

Advice : There is no single application form. Therefore, each municipality has its own nuances of document execution. To avoid errors and inaccuracies, it is necessary to study sample applications from the local government in advance.

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.

Registration of the contract

The agreement between the administration and a family with three children is drawn up as follows. After registering the application, government agency specialists carefully check the entire list of papers submitted and make a decision on placing the applicants in line to receive land. When the turn comes, an agreement is concluded between the Program participants and the administration on the free transfer of the site into ownership or lease for 10 years. It sets out the rights and obligations of the parties, as well as the terms of the agreement.

The introductory part conveys information about the place and time of the document’s preparation.

The main part of the contract includes:

Information about the parties to the agreement.
Description of the subject of the contract - the transferred plot. Its location, technical characteristics and features must be indicated.
Conditions for using land.
List of rights and obligations of the parties to the agreement.
Penalties for failure to comply with any clauses of the concluded agreement.
Cases in which amendments to the clauses of the contract are allowed.

At the conclusion of the agreement, a list of documents is given that served as the basis for its preparation, and other information attached to the agreement.

At the end of the drawn up agreement, the parties put the date of signing and a personal signature.

The document acquires legal force only after notarization.

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.

Step-by-step instructions for receiving

Obtaining status is not difficult; as a rule, the procedures are completed and the examination is completed relatively quickly (does not take more than a month). But if the parents are registered with the guardianship authorities, the situation may become more complicated. The roughly step-by-step instructions look like this:

collection of all documentation;
writing an application;
submission of documents;
review (verification if necessary);
assignment of status.

The application is filled out according to the established template. We recommend asking for it to be checked so that you do not inadvertently receive an immediate refusal.

Is it possible to sell the plot or get money instead?

These questions concern many Program participants. Let's give answers to each of them in order.

According to the law, large families who have received land ownership from the state are not prohibited from putting it up for sale. BUT, this is only possible if all the requirements of the concluded agreement are met. There are three main types of conditions based on which a plot of land can be transferred to a family:

Lease contract . The allocated plot is not immediately given to the family as ownership, but is rented for a certain time. At the same time, the municipality allows the construction of housing on it. Only after registration of the house does the land become the property of the family.
Donation agreement . Family members immediately become owners of the plot. But they can fully dispose of the land only after building a house.
Shared ownership . A plot of land becomes the property of each family member in equal shares.

The plot can be sold only after it becomes the property of the family. To do this, it is necessary to fulfill all the terms of the agreement concluded with local authorities.

To avoid troubles, before putting the land up for sale, it is better to consult with local administration specialists or lawyers.

Is it possible to receive cash compensation instead of land? Yes, you can. But the possibility of such a replacement and the basic requirements for its implementation are determined independently by a specific subject of the Russian Federation. As a rule, such replacements are practiced in large cities, where there is an acute shortage of free land suitable for transfer to large families.

Registration of cash payment instead of a land plot occurs after the preparation of the required list of documents. It includes almost the same documentation that is collected to obtain land. Namely:

Download:

Application form for monetary compensation instead of a plot
Example of an application to receive money instead of land

Payment in monetary terms is provided only to improve the quality of accommodation!

Financial assistance can be used to repair your current place of residence or purchase a new one. In addition, compensation can be used to make a down payment on a mortgage taken out to purchase a house/apartment or to pay it off.

It should be remembered that a cash payment, like a land plot, can only be received once.

Monthly payments and benefits for the third child

Monthly payments for the third child are paid according to the standard scheme, the same as for the first and second.

Child care allowance up to 1.5 years old

The state undertakes to pay monthly benefits for up to 1.5 years per child, regardless of what kind of child it is and whether its parents are working or unemployed. This is a guaranteed payment.

But the amount of the payment will be different, because the unemployed are entitled to a minimum benefit, but for those working it is calculated based on the average salary for the previous 2 years, from which 40% is taken.

The amount of the minimum benefit for the second, third and subsequent children in 2021 is 7,082.85 rubles.

In addition to the minimum, there is also a maximum value - the amount beyond which workers will not be paid benefits - 29,600 rubles.

We looked at an example of a detailed calculation of benefits for workers in the article about payments for the first child.

An important point: you need to apply for benefits no later than six months after the child turns 1.5 years old.

Working people register benefits in the accounting department at their jobs, students in their universities, and the unemployed in social security.

The benefit is assigned within 10 days, and you can expect payment only next month, no later than the 26th.

Please note: the right to apply for this benefit is not only for the mother and father of the child, but also for any family member who will actually care for the baby.