Providing land plots to disabled people free of charge. How can a disabled person get a plot of land for free? Law on the provision of land to disabled people

How can a disabled person of group 1 obtain a land plot in 2020: necessary documents and certificates

In 2015, on November 24, the provision on the provision of land plots to disabled people of groups 1, 2 and 3 came into force.

According to this legislative act, not only people with disabilities, but also families that include people with disabilities can apply for a free plot of land.

Basic requirements for obtaining a land plot

The provision of land to disabled people free of charge is regulated by legislative act No. 181 “On the social protection of disabled people.”

According to this law, disabled people of group 1 have the right to apply for a plot of land (allotment) free of charge, and disabled people of groups 2 and 3 can receive land subject to redemption under a preferential system.

Disabled people can obtain a plot of land for the following purposes:

Construction of a house.
Construction of utility rooms.
Laying out a garden or vegetable plot.
Creation of a personal subsidiary plot.

A group 1 disabled person can receive a land plot without waiting in line if he has all the basic documents, the main one of which is a paper confirming the assignment of the status of a person with disabilities.

According to the law, even a minor child with a disability can apply for land appropriation. In such cases, his interests will be represented by his parents, guardians or adoptive parents.

In order to receive a plot of land, a disabled person must get on the waiting list in his city district.

A disabled person has the right to receive a free plot of land if he lives on an area of less than 12 square meters (or each member of his family has a similar living area). Also, the basis for applying for it is the lack of your own living space.

Basic provisions

The issued land is not immediately privatized by the applicant. According to the law, after issuance, a long-term lease agreement is concluded with the government authorities of the Russian Federation.

Privatization, that is, registration of land as property, is possible only if during the first 3 years after receipt construction work began on it (provided that the land was requested for individual housing construction).

If construction of the declared facility has not begun, then the site is returned to the state apparatus.

If such a situation arises, a person with a disability is deprived of the opportunity to claim similar benefits in the future.

Required documents

Initially, in order to provide land plots to disabled people of group 1, they need to join a special queue.

Staging is carried out by submitting documents such as:

Resident passport of the Russian Federation.
Statement.
Identification number.
Certificate confirming registration.
Certificate of passing a medical and social examination.

When filling out an application for the provision of a land plot to a disabled person, you need to pay special attention, because an incorrectly filled out form can cause a refusal to accept the entire package of documents.

The application contains information such as:

Personal initials.
Request for allotment.
Desired area of the plot.
Location of the land.
Preferential category of the applicant.

If the petition is filed on the basis of loss of housing due to a natural disaster, then it is worth describing in detail what and when caused the destruction of the property.

It is also worth submitting a paper that will confirm that the applicant did not take advantage of his benefits regarding obtaining a land plot.

2 weeks after submitting all the necessary papers, the applicant is provided with an allotment. According to the rules, during the first 30 days after assignment, a disabled person is required to register the land.

Where to go

Step-by-step algorithm

To obtain an allotment, you should contact the city administration or the Property Department.

To obtain a plot of land, a disabled person in Moscow or another city of the Russian Federation will need to prove to a municipal authority that the applicant is poor and is not able to purchase land with his own money.

Then the applicant is required to select the desired site, submit papers and get in line. After receiving the decision to issue an allotment, you should order and receive a cadastral passport of the plot from the Russian Register.

After this, registration takes place. If extradition was refused, then you should go to court.

Reasons for refusal

Refusal of such a request is common. As a rule, they may be refused due to the lack of land in the desired area.

A refusal can also be obtained if the applicant has previously taken advantage of a preferential program for the provision of an allotment.

What can you do with the provided land?

According to current legislation, a person has the right to claim free land only with an area of no more than 15 acres.

If the area is larger, then in such cases the applicant is obliged to pay for it, that is, buy it from the municipality.

The issued plot can be used to build a house, garage, utility room or for growing crops or fruit trees.

The territory is prohibited from being used for the construction of industrial enterprises or commercial organizations.

Restrictions

Free plots are issued only from the fund of state and municipal lands.

The state does not have the right to allocate land that is owned by individuals or legal entities.

Reissue

According to the law, an allotment is allocated only once. But there are a number of exceptions, according to which you can receive land a second time.

The first reason is the use of land for military purposes, as a result of which it ceased to exist, that is, it became unsuitable for life.

The second reason is the onset of unsuitability of the plot due to the occurrence of a natural disaster.

Conclusion

You can only apply for an allotment once.

Initially, it is issued on a long-term lease basis, and only after 3 years a person with 1st group of disability can re-register it as property.

Additional amendments are constantly being made to the legislation of the Russian Federation, new programs are being developed to improve the living conditions of people with disabilities. Thus, on the basis of one of these programs, people with disabilities were given the right to receive free land. How a disabled person of group 1 can obtain a plot of land will be discussed in this article.

Grounds for granting an allotment

Free issuance of land plots to incapacitated citizens is carried out under a number of conditions:

If a person who has serious health problems is indicated in the law “On Social Protection of Persons with Disabilities”.

The legislative act states that the following persons receive the right to land:

citizens with any disability group;
families raising children with disabilities;
adoptive parents or guardians looking after a disabled child.

All these persons who have expressed a desire to receive some territory for development in order to significantly improve their personal living conditions are required to submit documents and be sure to get in line in their city district.

The territory for the construction of the structure is given to citizens with disabilities by the local authorities, first under special rental conditions, and then transferred into ownership.
Within 3 years of using the site, its owner must begin construction work. With the start of construction, it is re-registered as property. However, if during a given period of time the development of the site has not started, then it is returned to the state apparatus. In this case, the benefited person is deprived of the right to repeated free provision.
An important requirement for obtaining a plot is to establish the fact of need. A disabled person falls into the category of those in need if:

in his family, each member has less than 12 m2 of living space;
he has no other apartments.

who has received an allotment free of charge can use it for the following purposes:

building a house;
planting trees and vegetables;
conducting agricultural activities;
construction of a garage.

For your information! The land plot provided to persons in the preferential category is withdrawn from the land fund of local or state property.

What are the requirements for a beneficiary?

In order for a person with limited legal capacity to receive the right to a free allotment, the following conditions must be met:

presence of disability of the first, second or third group (the type of disease does not matter);
the presence of facts proving the extremely poor financial condition of a person;
the presence of a fact proving the citizen’s housing problems.

Restrictions

For citizens falling into the preferential category, the authorities are obliged to allocate a plot of land for the construction of a residential building on it. There are no restrictions here. If for some reason the administration refuses, then such a step will be considered an infringement of the rights of the beneficiary.

The Federal Law specifies that plots provided to beneficiaries free of charge must have boundaries (be demarcated) and a cadastral number. In addition, they should not be officially owned by anyone.

If a person with health problems owns a piece of land, he does not lose the rights he received to the land under the program to support persons with disabilities.

In the case mentioned above, what documents will have to be attached?

In order to officially join the special queue mentioned above to receive a specific land plot, a person in a preferential category needs to submit a corresponding special application to the administrative body and be sure to attach a number of documents to it, such as:

After 14 days after submitting the application, the authority provides the needy person with a land plot. Within 30 days, the recipient must complete state registration of the site.

Where to contact?

The legislation states that representatives of the city administration are obliged to carefully consider the free provision of land for individual housing construction to persons with limited legal capacity. Therefore, citizens in need will have to submit an application with documents to the Property Department. Or to the municipality to which the site belongs.

The application must indicate the place where the applicant wishes to receive the plot, its size and purpose.

Step-by-step scheme for obtaining an allotment

To receive free development territory from the state, a disabled person will need to do the following:

Provide evidence that he is low-income.
Submit an application to government agencies, expressing your desire to obtain territory for building a house (the desired area and purpose are specified).
All documents necessary for the occasion are collected.
Official queuing takes place.
Land acquisition takes place. The person becomes a tenant and receives the right to further purchase it.
In case of refusal, you should file a complaint with the court.

Current questions and answers

Question 1. How can a disabled person who has the first disability group and uses a wheelchair apply for a development plot if it is not possible to come to the municipality on their own? Answer 1. In this situation, filing an application is possible through a representative. To do this, the representative will need a notarized power of attorney for the right to represent the interests of the person in need in local authorities.
Question 2. What should an incapacitated citizen do if officials have given him a refusal? Answer 2. Often those in power refuse to provide land free of charge, citing its absence in a given area. Or they refer to the fact that the person is not in need of land and does not feel the need to improve his living conditions. These reasons for refusal are illegal and therefore subject to appeal in court or in the prosecutor's office itself. Within 3 months after receiving the refusal, the applicant should file a complaint with the court.
Question 3. When registering land rights, will the beneficiary need to pay a state fee? Answer 3. No. The program to support citizens with disabilities does not imply payment of state fees when receiving territory for development within the framework of the state program.

By pressing the button you give

Many people know that all disabled people receive cash payments and benefits. However, only a few realize that disabled people also have land benefits. The fact is that there is a special federal law on the provision of land plots to disabled people, which is aimed at improving the living conditions of disabled people. Below we will find out what is the procedure for providing free land plots to disabled people, how a disabled person of group 1 can get a land plot, whether a disabled person of group 2 is entitled to a land plot, and we will also touch on some other issues.

Obtaining land and benefits for disabled people

The acquisition of land is regulated by the Land Code of the Russian Federation. One of the key points of this document is the equality of all citizens of the Russian Federation who want to receive land for rent or ownership. You can get land through an auction. However, people with disabilities have a benefit - they have a priority right to receive a land plot for disabled people. In other words, disabled people may not take part in auctions, but receive land automatically, but only if another disabled person does not apply for the same land. There is a misconception that preferential distribution of land plots to disabled people of group 1 is carried out, and other disabled people cannot take advantage of this right. However, this is not so - disabled people of all three groups, as well as families raising a disabled child, can receive land.

Disabled people can receive land for the following purposes:

Farming.
Construction of a summer house or residential building.
Creating a garden and/or vegetable garden.
Construction of a garage.

How can a group 3 disabled person get land? To obtain land on preferential terms, you need to prepare the following documents:

You should fill out a sample application for the provision of a land plot to a disabled person. The application must indicate the site, and also indicate the purpose of this site. The application should also indicate that the plot is provided free of charge in accordance with current legislation.
Applicant's passport.
Identification code.
about assigning a person a disability.
Certificate from the place of registration.

You also need to understand that the land is owned by regional authorities. And regional authorities can adopt certain local laws that introduce their own specifics into land law. This often leads to a large number of peculiar consequences. For example, many are interested in the question of whether a group 3 disabled person can receive a plot of land for free. Here you need to understand the following:

The federal law stipulates the right to priority receipt of land for people with disabilities, but nowhere does it stipulate that this procedure is free of charge.
The value of a plot of land should be determined by local governments, not the federal government.
Local authorities solve this issue differently - some provide land for free, some demand money for the plot, some sell land at a discount.
However, there is a subtlety here too. The fact is that after the price is announced, you can go to federal court and challenge the price. Practice shows that the courts quite often take the side of the disabled person.

Should disabled people pay land tax?

Now you know what benefits are available for a group 2 disabled person to receive a plot. Now let’s touch on the issue of whether disabled people of groups 1, 2 and 3 should pay land tax. The fact is that every person is required to pay a land tax of 0.3% if the land is used as rural land or individual development is carried out on it. If the land is used for other purposes, then a land tax of 1.5% is paid. However, are disabled people exempt from tax? The situation is this:

The land is owned by regional authorities. They determine who needs to pay land tax and who is exempt from this obligation.
In many regions, there is a rule according to which, when purchasing land by disabled people of groups 1 and 2, about 10,000 rubles are deducted from its cost. In this case, the land tax will be less. But disabled people of group 3 are out of luck - they are rarely given discounts.

07.03.2020

The Federal Law “On Social Protection of Persons with Disabilities” states that people with disabilities and families who have a disabled child in their care become beneficiaries entitled to receive a land allotment.

The site may be provided for the following purposes:

farming;
construction of a private house or cottage;
gardening;
construction of a garage, shed for storing equipment and other premises.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

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Industrial enterprises and other commercial organizations are not allowed to be located there. The territory of individual housing construction is intended for the construction of residential buildings.

Existing grounds

To receive a plot of land for free, you must be a member of the preferential category of citizens.

If the tenant does not lay at least the foundation of the future house within a given period of time, then he automatically loses the right to use it.

When starting construction or constructing a house, an allotment can be made.

For development

Land plots are provided to beneficiaries only once in their lifetime. You cannot reapply for the privilege.

This also applies to those cases where the plot was transferred to, but three years later construction has not begun on it.

Having exercised your right to receive land, repeated application will not bring the desired result.

But this condition has exceptions:

Legislation carefully monitors the provision of benefits to people with disabilities. They should be given only free territory, free from other owners and encumbrances.

The land is leased and then owned by the disabled person, and not by his relatives.

It is also prohibited to divide the plot between spouses, even if they are both beneficiaries.

In this case, they are entitled to two lands per family - each receives an allotment.

The situation is different with the transfer of land to a family where a disabled person is being raised.

Parents receive a lease and are required to begin construction as soon as possible.

After the child reaches adulthood, he becomes the owner of the plot.

Receipt procedure

It takes place in 4 stages:

A disabled person can order all certificates through the State Services website without leaving home. You will have to receive them on the spot after presentation.

If due to health reasons he cannot independently handle the registration, his representative can do this.

For this purpose, it is written and certified by a notary. Additionally, you will need to obtain information from the doctor about the applicant’s health status.

Collection of documents

These include:

Civil passport and copy.
Conclusion from VTEK.
from the place of registration.
A statement indicating the degree of disability and the right to receive benefits under the law.

If the beneficiary is a child under the age of 18, then the family can exercise their right to receive a plot.

To do this, you will need to write to the local administration and attach to it:

When applying for land for a disabled child who is in the care of adoptive parents, it is necessary to present documents establishing the relationship with the applicant.