Useful tips: how can a combat veteran get a plot of land? Instructions and sample application

There are many types of social support for veterans in Russia. In this article, we will figure out whether a combat veteran is entitled to a plot of land, and if so, how to obtain it for rent, the right of perpetual use, in the form of inherited possession or ownership

1. Are land plots provided to veterans?
2. Conditions for providing land to combat veterans
3. How can a combat veteran take land from the state?
4. Size of land plot for a combat veteran
5. Can a veteran be denied a plot of land?

The legislative framework

The rights of veterans in the Russian Federation are regulated by Federal Law No. 5 “On Veterans”.

It is this regulatory act that provides a breakdown of those categories of people who must be considered combat veterans , and also provides a detailed list of benefits that should be provided.

To answer the question of how representatives of this category of the population can receive land from the state, one should refer to the Land Code of the Russian Federation. A detailed explanation is given in Chapter 5.1 of this law.

Thus, within the framework of the provisions of this chapter, all the necessary legal information is provided on the procedure for allocating land plots, on the grounds by which free transfer to use or ownership can be achieved, as well as information on the documents that must be provided by the applicant for receiving land, including to confirm benefits for receiving a plot free of charge.

Chapter 5.5 of the Land Code considers the procedure for the provision of land in the mode of gratuitous transfer, including on the basis of the provision of documents confirming the right to preferential distribution of land plots.

Issues of possible replacement of the provided land plot with monetary compensation or the provision of housing for combat veterans are under the jurisdiction of Federal Law No. 5, which considers such replacement as one of the possible benefits for those individuals who defended the interests of the Russian state, risking their health and life.

Not eligible for this land grant program? Are you interested in other land plot opportunities?

Find out what other preferential categories of citizens exist for receiving land!

Who has the right to receive a plot after 2005

Despite the fact that the land supply program has changed to financial assistance from the state, there are a number of veterans who can still exercise their right. Even if you registered after 2005.

Such citizens include:

• heroes of the Russian Federation or the USSR;
• heroes of socialist labor;
• full holders of the Order of Glory.

To confirm status, supporting documents for the relevant awards must be submitted . Otherwise, the right to receive a land plot is lost.

Conditions of receipt

In addition to the fact that a citizen counting on a benefit must have a certain merit, a number of other conditions are also imposed on him.

These include:

• the applicant does not own a plot of land;
• lack of ownership of a residential building located on the residence site;
• registration at the place of residence for at least 5 years;
• non-compliance with sanitary standards of residential premises owned or used under a social tenancy agreement.

If the applicant does not meet these criteria, then the right to receive ownership of the land is lost. In this case, the plot can be registered only on general grounds.

Categories of such citizens

Article 1 of Federal Law No. 5 “On Veterans” states that in the Russian Federation the following categories of these people are distinguished :

• veterans of the Great Patriotic War;
• combat veterans (which will include all those persons who received the appropriate status for actions taken in their time to protect the interests of the Russian state);
• military veterans;
• Labor veterans.

These categories of people, by virtue of their position, have certain benefits in various areas of life. But are there any benefits for combat veterans to receive an allotment?

After all, not all of them can count on benefits when receiving land from the state - plots are provided free of charge only to needy veterans of the Great Patriotic War .

Let's take a closer look at how to get a free allotment for a combat participant. If we talk about combat veterans, then, in accordance with Article 3 of this law, they will include:

• military personnel who worked and are working in government bodies , including those transferred to the reserve, whose duty is to protect the interests and security of the state, as well as all persons liable for military service and persons who participated in military training, if during the period of service or participation in such training they took direct participation in armed actions on the territory of the Russian Federation or abroad, but in the interests of the state;
• those military personnel who took an active part in clearing mines in areas affected by the war between May 10, 1945 and December 31, 1951, even if they were subsequently discharged from service, including into the reserves;
• military personnel who were sent to the territory of Afghanistan , as part of motor battalions during the military conflict in this state, to ensure supplies for the Soviet military contingent located on the territory of this state, and also took part in providing assistance to the local population;
• military personnel of aviation regiments in Afghanistan (primarily their flight personnel), who took an active part in performing various combat missions during the military conflict in this state;
• persons involved in maintaining the flight fleet in Afghanistan who took part in combat missions;
• persons who were sent to Afghanistan to work on business trips in the period from December 1979 to December 1989, if they completed the entire required period of the trip or terminated their trip for a valid reason;
• persons who were or are on a business trip to the Syrian Arab Republic in the period from September 30, 2015 to the present, regardless of their military duty, in order to carry out assigned tasks.

As can be seen from this list, it is not at all necessary for only military personnel to become participants in hostilities.

Such persons may include all those citizens of the Russian Federation who were on the territory of another state during the period of an armed conflict there, if they were sent there to perform their professional duties as part of assistance in solving combat missions.

The question of whether a participant in the Afghan war can receive land can be answered in the affirmative. Such citizens belong to the category of combat veterans. But the same conditions are not used to provide allotments to pensioners. It is worth consulting separately with the competent authorities on how to obtain a plot for a military pensioner. But the provision of land plots to WWII veterans is possible free of charge.

Types of land to be provided

The Law “On Veterans,” after amendments were made in 2004, significantly worsened the situation of those people who have the status of veterans. The deterioration affected the fact that now all veterans are required to stand in a special queue to receive a plot of land .

In addition, the range of lands that can be provided to veterans for certain purposes is limited. The list of these purposes has been changed in accordance with the provisions of the Land Code.

Speaking about those lands that can be provided for use by veterans, it is necessary to note the following categories:

1. Land for individual housing construction (allocated if the applicant for the site was able to prove the need to improve existing living conditions).
2. Land plots within the framework of horticultural non-profit partnerships , as well as in other dacha associations, if such lands will be used strictly for the purposes of dacha construction (that is, without the possibility of registration in the constructed building), as well as for dacha farming (for example, growing a small garden for the purpose of to meet their own needs).
3. Agricultural lands , if their use implies the organization of a personal subsidiary or peasant farm, the purpose of which is not only to provide for one’s individual needs, but also to make a profit.

Information: under special conditions that are stipulated at the level of regional legislation, combat veterans may be provided with plots from the categories of land in settlements.

But to do this, they need to prove that the purposes they have determined for using such plots can provide them with an adequate standard of living in the absence of other options for earning money (for example, due to the health status of the potential recipient). Those categories of lands that can be provided to participants in hostilities are determined within the framework of federal and regional legislation in the field of land relations.

Next, we will tell you where a combat veteran can go to obtain a plot of land and how participants in combat operations receive land.

Can they refuse to provide it and why?

If the administration has valid reasons for refusal, a written official document is drawn up indicating the reason for the refusal.

There may be several reasons:

• 
  the applicant previously made a similar request and received approval;

• the applicant is deregistered as a veteran by the department;
• the applicant has no grounds for receiving the land free of charge;
• a complete package of documents has not been provided, in this case it is enough to prepare the missing papers and apply again;
• the veteran applied to the administration in whose territory he is not registered;
• a veteran’s application to several municipalities at once or registration in several administrative regions;
• the veteran owns a plot of land or the living conditions of him and his family members are satisfactory.

In addition, the validity of the lease agreement with the right to transfer the site free of charge into ownership may be suspended if:

• the land is not being used properly according to its intended purpose;
• there is no proper care for her;
• capital construction has not started during the period of validity of the lease agreement;
• clauses of the agreement were violated by the veteran.

How to appeal a refusal?

According to judicial practice, a refusal is lawful and reasonable if the municipality does not provide such a benefit or the applicant does not need to improve living conditions. In this case, the refusal is undeniable.

Reference! Other reasons for refusal are disputed and, if they exist, you can safely go to court.

To resolve the dispute, you will need qualified legal assistance. The specialist will initially help with drawing up a complaint to the prosecutor’s office about the actions/inactions of officials.

If the prosecutor's office does not help, he will file a reasoned claim in court. The document will describe the situation in detail, attach the administration’s refusal and the response from the prosecutor’s office.

The claim must include references to regulatory documents and the plaintiff’s requirements regarding the desired resolution of the problem.
It also contains a list of attached documents. Here it is important to use as much documentary evidence as possible of the illegality of the administration’s actions and one’s search for justice.

After collecting a complete set of documents, the claim is transferred to the judge’s secretary, who will examine it and initiate the opening of the case. If the documents are not complete or little evidence of violation of rights is provided, the claim may be returned for revision.

To avoid such situations, it is better to provide yourself with the help of a professional lawyer who will not only prepare a claim package, but also represent the client in court or provide detailed instructions on how to independently participate in legal proceedings.

Procedure for obtaining an allotment

The procedure for obtaining land by a veteran is standard when registering a land plot.

An exception is the case if a potential applicant for land is in the appropriate queue, including among the same beneficiaries as himself.

The Land Code of the Russian Federation in Chapter 5.1 regulates the procedure that must be carried out in order to obtain land and defines the following stages:

1. Selection of the most suitable site for the stated requirements.
   At this stage, the entire range of sites that are presented to choose from is studied in order to determine the most suitable option, taking into account all the requirements that the potential recipient places on the future site. Regardless of whether such a recipient is in line for a preferential land plot or not, the right to choose is enshrined at the legislative level.

   This choice can be made by studying the public cadastral map, which shows all the vacant land that can be purchased. In addition, information about those plots that can be obtained is posted on a specialized website of the authorized body for the disposal of existing real estate by municipalities or a federal subject.

2. Contacting a specialized body state authority of a subject of the federation or a municipal entity (in Moscow, such a body is the Department of City Property, in the Moscow Region - the Ministry of Property Relations) with an initial application for the provision of a land plot.
   Such a statement indicates the data of the selected plot and contains a request to check the possibility of obtaining it (such a check will include clarification of information about the availability of the selected plot for obtaining free of charge or acquisition through purchase through redemption, the presence of any encumbrances on the plot that could create redemption restrictions).

   Read more about the preliminary approval procedure for the provision of a site here

3. Preparation of cadastral documents for the site, as well as land surveying.
   Such actions will be necessary if the site has not previously been registered in the cadastral register or its boundaries have not been determined. Without cadastral documents, as well as without a boundary act establishing boundaries, it will be impossible to carry out any legally significant actions with the site, since such actions necessarily require their registration with the assigned cadastral number indicated in the received title documents.
4. Drawing up a basic application for the provision of a land plot or carrying out measures to purchase it.
   It is sent to the same government authorities as the initial application. This option will need to be accompanied by a certain list of documents confirming the right to receive land or (if any) to use the preemptive purchase of the site.
5. Concluding a land purchase and sale agreement or obtaining a corresponding act from the head of a government agency on the provision of a land plot.
   In the event that a plot of land is purchased through an auction, it must be remembered that the conclusion of the corresponding agreement will take place only on the basis of an auction and based on the results of the protocol of the results of such an auction signed by all participants.
6. State registration of ownership of a land plot.
   Such registration is carried out by the Rosreestr authorities with the issuance of the corresponding certificate of ownership within a period of no more than ten days from the date of submission of all necessary documents. Currently, the submission of such documents is carried out through MFC branches on a territorial basis (that is, through the branch to which the registered site is located).

Important! If a combat veteran can count on receiving land on a preferential basis, the entire algorithm increases by one step, which will be registration in such a queue.

List of documents

The issue of providing plots to participants in hostilities is significant for the state, since for the most part it implies either a gratuitous transfer or a sale without bidding, that is, with the price determined based on the cadastral value of such a plot.

That is why it is necessary to prepare all the documents that can be used as evidence of the right to such a preferential acquisition. Such documents will include:

• identification documents of the applicant (necessary to identify who is submitting documents and minimize the risk of fraud);
• a veteran’s certificate or other document that can confirm the applicant’s status, as well as his membership in preferential categories of citizens who have the right to receive land, including on a free basis;
• cadastral documents for the plot, which were drawn up to confirm the legality of the transaction or transfer of the plot on the basis of the Resolution of the head of the authorized body for the disposal of real estate and land administered by the state;
• documents confirming that the applicant for the plot does not have any restrictions on the acquisition of land (for example, that he does not have housing or other land plots).

In rare cases, if this is stipulated in the legislation at the municipal level or at the subject level, additional documents may be required, for example, a certificate of family composition, documents confirming the deadline for registration as part of the queue for preferential receipt of land, etc.

Application requirements

An application for the provision of land is considered the main document , which is considered first and on the basis of which a decision is made on whether to provide the land to the applicant or not.

More detailed information on making such an application is available here

Article 39.15 of the Land Code of the Russian Federation formulates the basic requirements that must be taken into account when drawing up an application for initial approval of the provision of land, as well as in the text of the main application:

1. The name of the body to which the application is sent, as well as the details of the head of such body (since the response will be prepared specifically with the signature of such a head).
2. Applicant details (with a detailed breakdown of all passport data).
3. Information about the site (cadastral data, address of the site, its area and location).
4. The type of right under which the applicant wants to use the site (ownership, lease, permanent perpetual use).
5. The purposes of the acquisition and further use of a specific land plot.
6. The applicant’s coordinates (at which the applicant can be contacted if an appropriate decision is made, for example, to proceed to the execution of a purchase and sale agreement).

In the event that the applicant has information that a specific site was previously withdrawn from circulation, and he can indicate the specific data of such a document, they must also be included in the text of the document.

We do not recommend completing the documents yourself. Save time - contact our lawyers by phone:

8 (800) 350-29-87Moscow

Deadlines for issuing land

Receipt of land by combat veterans refers to the standard procedure for the provision of plots to various categories of citizens, therefore the time frame within which the plot will be transferred to the applicant or the bidding procedure will be assigned is defined in Chapter 5.1 of the Land Code of the Russian Federation.

Thus, after submitting an application for preliminary approval of the possibility of providing a land plot, the authorized bodies are given a period of ten days to study the submitted application and the documents attached to it to determine the compliance of the application (including the presence of everything necessary to identify the identity of the applicant, as well as the plot in question). information).

If all requirements for filling out the application are met in full, the application is sent for detailed consideration in order to determine the possibility of providing a specific site . For such consideration, Article 39.15 of the Land Code allocates a period of thirty days from the date of submission of the application by the applicant.

In the event that the application must be granted, the applicant is notified in the manner that he indicated in the text of the document. From the moment of such notification, either the preparation of the bidding procedure or the draft purchase and sale agreement begins.

If the plot is transferred through a public auction, then within 10 days information about the auction must be posted in the media authorized to publish such announcements . If no other applications are submitted within thirty days from the date of publication of the information announcement, the auction is declared invalid and a contract is concluded with the applicant.

Chapter 5.1 of the Land Code allocates no more than thirty days for the preparation of an agreement for authorized bodies. During this period, all provisions of the agreement must be agreed upon and signed by the participating parties.

After signing the lease agreement or receiving the original Resolution of the head of the authorized body, an application for registration of the land plot along with the title documents for it is sent to the Rosreestr authorities within no more than ten days. After ten days, you can pick up a certificate of title to the land plot .

Nuances

Each region creates its own land allocation algorithm.

However, in general terms we can highlight the main stages to be completed:

1. The process of granting land is an application process, that is, the necessary package of documents is accompanied by an application. It is compiled not only by the administration, but also by Rosreestr.

2. 
   Initially, you should find a free plot; for this you can use the public cadastral map.
   The application should indicate that this particular site is of interest. Such independent determination of the desired territory is possible in some cases, but often the administration displays land prepared for privatization on the official website.

3. After receiving permission, you should prepare documentation, draw up a diagram and highlight it on the general plan of the territory.
4. Next, contact Rosreestr in person or through the MFC with a package of documents consisting of:
   Statements.
5. Identity cards.
6. Veteran's certificates.
7. Site layout diagrams.
8. If necessary, other technical documents.
9. Having received approval, you can begin to survey the site if its boundaries have not been previously identified.
10. Next, contact the administration in whose department the site is located with: a passport, an application, cadastral and technical documentation, approval.
11. If the municipality approves the request, the veteran will receive title documents to the land.

The final stage is the registration of your own rights in Rosreestr.

Important! The plot is not always provided free of charge; there are often cases when the municipality offers lease with the right to purchase according to the cadastral value of the property or free of charge.

Registration of ownership

Neither the Land Code of the Russian Federation nor the Federal Law “On Veterans” imposes any prohibitions on the registration of ownership of a plot received from the state.

The only caveat contained in Chapter 5.1 is that the site can be registered as ownership if the purposes of its use require it , and also if all the conditions for registration of ownership defined at the legislative level are fully met.

In order to register the received land as ownership, the veteran must contact the same body where he previously wrote an application for the provision of a plot, with a request to register the allotment as a property on the basis of current legislation by writing an application.

In the text of the petition it will be necessary to indicate on the basis of what conditions such a requirement is being made (for example, the plot was taken for permanent, indefinite use for individual housing construction, and after three years a house on the plot was erected and registered accordingly as the property, therefore the requirement for registration ownership of land will be absolutely legal).

Within thirty days from the date of submission, the application for the provision of land plots to participants in hostilities must be considered, and based on the results of such consideration, an appropriate decision must be made. Based on the decision made, the land plot is registered as a property and the corresponding certificate of title is obtained from the Rosreestr authorities.

Possibility of selling the allotment

We figured out how to get land for a veteran of military operations and the Second World War. But is it possible to sell the plot? If we talk about the possibility of sale, then it is only available upon registration of the allotment.

Attention! If the plot was registered in Rosreestr specifically as the immovable property of its recipient, then you can do whatever you want with such a plot: sell it, donate it, leave it as an inheritance, etc.

If the plot has not been registered and is in the possession of a veteran, for example, on the right of permanent, unlimited use, then there can be no talk of selling such a plot, but it can be leased or left by inheritance.

However, there is a gap in the current land and civil legislation, thanks to which the site can be sold. This gap includes the fact that if a plot is sold together with a house located on it, then the existence of a formal title to the land is not necessary , since the plot and the house are a single whole.

If we are talking about a land plot located within the framework of a horticultural-non-profit partnership or other association in which a plot is allocated, then within the framework of such an association the sale of the plot can only occur if it is registered as property in accordance with current legislation.

Financial compensation

The Federal Law “On Veterans” in Article 16 determines what benefits a combat veteran can receive.

In paragraph 3 of part 1 of this article, the legislator states that a combat veteran, provided that he registered before 2005, can count on receiving housing if he confirms the need to improve existing living conditions.

In the event that there are no apartments and the queue is moving very slowly, in accordance with the established procedure, such a person is provided with land , if at the same time it is possible to obtain an allotment for the construction of his house.

Here are the details of obtaining land for building a house

However, there are often cases when the acquisition of land is postponed indefinitely due to the large number of applicants. If such an option exists, the authorized bodies may offer an option with monetary compensation.

The amount of compensation should be calculated in proportion to the housing for which the veteran must apply , or the land plot, provided that the amount of compensation will be equal not only to the cost of the plot, but will also allow the construction of a house on it to ensure quality living conditions for the petitioner.

Are land plots provided to veterans?

Federal Law No. 5 “On Veterans” of January 12, 1995 is the main law regulating social support for all categories of veterans. But the law itself does not contain any information about the free or preferential provision of land plots (hereinafter referred to as “LZ”). Consequently, land allocation is not provided at the federal level.

However, not everything is as simple as it seems when reading the law. The fact is that social support for veterans is determined by regional legislation. Consequently, it is the regional authorities who decide whether land is provided to veterans free of charge or not.

But in general it can be said that a pension can be provided to a veteran even if there is no such support measure in the region. There are only 2 main conditions:

• the person is recognized as in need of improved housing conditions (details can be found in this article);
• the person was put on the “queue” until March 1, 2005.

To find out for sure whether it is possible to obtain a free loan from the region, you just need to contact the local department of property relations and clarify the situation.

Due to frequent updates to legislation and the legal uniqueness of each situation, we recommend obtaining a free telephone consultation with a lawyer. You can ask your question by calling the hotline number 8 (800) 555-40-36 or write it in the form below.