Russian law guarantees citizens the opportunity to acquire ownership of a plot of land completely free of charge.
Any Russian can submit an application, regardless of status. However, the procedure has a number of subtleties that should be taken into account.
It is worth knowing how to correctly fill out an application for the allocation of a land plot (and where to get a sample) so that the application is approved.
Who gets free land?
According to the law, every citizen of the Russian Federation has the right to allocate ownership of a plot of land for construction or farming. You can get it in any region of the country, but usually the approval and registration procedure takes more than one month or even a year.
Basic requirements for candidates:
- presence of Russian citizenship;
- registration in the Russian Federation for more than 5 years.
Categories of the population that have a priority right to free land include:
large families;- families with disabled children;
- low-income families who are on the waiting list in local government;
- workers in hazardous professions (Ministry of Emergency Situations, firefighters, nuclear power plant workers);
- participants of the Second World War and military operations, heroes of Labor, liquidators of the Chernobyl Nuclear Power Plant;
- orphans and children without parental care;
- persons with disabilities;
- young specialists in certain professions (up to 35 years old) who fall under the terms of the program;
- residents of rural areas;
- military personnel serving under contract.
The list may expand depending on the specifics of local legislation.
The free plots received must be used for the following purposes:
- Carrying out gardening and gardening.
- Organization of farming.
- Construction of a residential building.
In addition to the list of preferential categories of citizens, there are national programs for the development of vacant land.
Arbitrage practice
Unfortunately, in practice there are often unlawful refusals to grant ownership of land plots. An example is the case of the Altai Regional Court, considered in 2021.
The plaintiff filed a lawsuit against the Barnaul City Duma with a demand to recognize the illegal provisions of the Rules for Land Use and Development of the City District regarding the land plot classified as a sanitary protection zone.
The lawsuit states that the plaintiff used the land plot and the house built on it without permission for a long time. Previously, he appealed to the Land Resources Committee and asked to provide ownership of the land being used. However, the plaintiff received a refusal, justified by the fact that this land plot is located on the territory of the sanitary protection zone of the Northern Industrial District. According to the provisions of Russian legislation, the construction of residential buildings on the territory of such zones is prohibited.
However, the project of protective zones was not developed and the corresponding conclusion of the chief sanitary doctor of the Altai Territory was not issued. Thus, the court found that the land plot does not belong to the sanitary protection zone of the Northern Industrial Region and the provisions of the Land Use Rules are invalid. Those. the claim was satisfied. The provisions of the rules regarding the location of protective zones are not valid. And the plaintiff can re-apply to buy out the land plot and legalize the built house.
How to properly write an application for a loan?
You can obtain the form from your local government office or download it online. When filling out, please provide the following information:
Full name, passport details (series, number).- Place of registration.
- Purpose of use of the site.
- Address or location of land.
- Approximate size indicated in acres and hectares.
- Cadastral number (if the object has already been selected).
- Contact phone and e-mail.
It is recommended to indicate the basis for receiving a free plot: preferential status, cramped living conditions, agricultural development. At the end, you can add the following phrase: “I ask for the right to pre-select and approve the location of the site.”
It is necessary to provide only reliable and up-to-date information to avoid legal violations.
Procedure for writing an application
Such a statement is a serious document, and it is drawn up according to certain rules.
Document form
The form is written or printed in accordance with the model adopted by the authority to which the application is addressed. All information must be presented correctly, in accordance with the paragraphs of the application . Words and sentences are written clearly, without corrections or blots. The structure of the document must comply with the general rules for drawing up statements.
Content
The application must include the following information:
- The upper right corner of the document contains an appeal to the Head of Administration of the authorized government body, which indicates the position he holds in the district or locality, the name of the head and his initials.
Also in the “header” the person on whose behalf this document is being submitted is indicated: “I, …”. Information contains:- subject's surname;
Name Patronymic name;
- location;
- legal address of residence;
- actual residential address;
- passport details;
- TIN;
- subject's phone number.
- IN . Under it, the purpose of the appeal is “about the acquisition (provision) of a land plot.”
Next, they state a request to provide a plot of land. The request describes the purpose of the appeal to the Head of the authorized administrative body: “I ask you to provide ...”, sets out a request for the allocation of land for rent, ownership, perpetual use, for individual housing construction, organization of private household plots, or indicates another type of right to land territory.If the request involves a lease, the lease period for the land must be indicated.
- “land plot...”, indicates from which category of land the land plot is allocated;
“with cadastral number...”, contains information about the cadastral number of the plot;
- “area...”, indicates the area of the provided territory;
- “size...”, describes the size of the land plot;
- “located...”, the location of the site is reported in the populated area itself or relative to the populated area (distance and direction are indicated);
- “to use it ...”, information is provided about the purpose of using the land plot, for example, for individual housing construction.
- It is important to disclose in detail the reason for such a request and the basis for receiving it. For example, as a large family that is registered with the social protection authorities as low-income. Or, as a tenant of a site who has a preemptive right to purchase.
- At the end, put the date for submitting the application. This is very important data that determines when the deadline for reviewing the document begins.
- Additionally, indicate a list of attached documents and copies.
- Certify their written application with a signature and transcript.
In the case when an application for the provision of a land plot (sample below) is submitted by a legal organization, the name of the object and registration address are indicated.
We do not recommend completing the documents yourself. Save time - contact our lawyers by phone:
8 (800) 350-29-87
Required documents
When submitting a petition, the following documents are attached along with the application
- Copies of passport, identification code.
- Power of attorney (if submitted by an authorized representative).
- Certificate of residence, registration, family composition.
- Copies of documents of family members living in the same living space.
- Title papers for owned real estate (order, lease agreement, technical passport).
- Layout of the selected area.
You can select the land yourself on the public cadastral map website.
Where to submit?
You can submit documents to the authorized body (local administration), as well as at the nearest multifunctional center (MFC). The form and samples will be provided on site. The petition is registered by the future owner or his authorized representative (based on a notarized power of attorney).
The specialist accepts the completed form, the applicant is given a receipt indicating:
- list and names of submitted documents,
- their quantities,
- dates,
- FULL NAME,
- positions and signatures of the MFC employee.
Land plots are issued in several ways:
- according to the order of applicants;
- after the drawing is held at the local administration;
- without a queue, subject to independent search for a free municipal plot.
Draws are held at certain intervals. A date and time are set for this. Applicants are first invited to the local government, where they receive tickets with cadastral numbers.
You can refuse the “extended” option, but then you will have to get in line again . You can get the selected free plot without a queue in 2-3 months, however, the refusal rate is quite high.
The application, along with the attached package of documents, is registered by assigning an individual entry number.
Review period
The application is registered in the registration book of the local government. A copy remains in the hands of the citizen. The request is considered within one calendar month from the date of its receipt. After this period, a notification letter about registration or refusal will be received.
Registration of a citizen is carried out on the basis of a decision of the local government body in the order of priority for filing an application.
Information about registered citizens is included in the citizen registration book. Each account is assigned a serial number.
The timing of consideration and implementation depends on the workload of the organization , as well as on the priority and availability of free sites.
10 days are allotted for processing and registering the application; the review period is about 30 calendar days. Refusal, as well as approval, is sent to the applicant by letter or email.
Reasons for refusal
After consideration, the applicant is added to the waiting list, or the application is returned if it:
- incorrectly formatted;
- submitted to another authority;
- the required documents are missing.
A local government body may refuse to place you on the waiting list if:
- The applicant does not meet the requirements of the law, Article 3.
- Errors were detected while filling out.
- The documents provided contain inaccurate information.
- Lack of necessary documents.
- The layout of the facility does not comply with the grounds established by the Land Code.
The waiting period for the preferential queue is 2-3 years. According to national programs, land can be obtained in a few months.
If a refusal is received, according to the law, citizens have the right to reapply, having first corrected the shortcomings.
Response from the authorities
The administration sends a response by mail addressed to the applicant. It will indicate whether the government approves or denies the request.
The sale may be refused to an applicant who does not have a preemptive right to purchase. In this case, the land can only be purchased through an auction.
In case of refusal, a legal reason must be written. For example, there are not enough documents, incorrect information in the application. The sale of a plot also cannot be refused without giving a reason.
Read about what legal grounds exist for refusing to provide a plot of land in this article.
If the decision is positive, the applicant must contact the administration for further registration of rights to the site.
Do you want to rent a plot of land from the state? Then, especially for you, we have prepared useful articles on how to rent land for individual housing construction and private plots.
Differences for legal entities
The head of the municipality accepts the application on behalf of the legal entity personally and stamps it. An employee of the organization is required to provide documents from the tax authority, details of the organization, legal address, and contact information.
The applicant must have the authority to represent the organization in matters of purchase. The authority is vested in the manager or an employee with a notarized power of attorney or an order from the manager signed and sealed.