They gave a plot of land far from home to a disabled child. Rules and features of obtaining land for disabled people. The procedure for allocating a land plot to a disabled person

However, if the site is allocated from regional or republican property, such a tax will have to be paid.

Possible restrictions

The list of reasons for refusal is limited:

• the applicant does not have the right to receive a free plot of land;
• the applicant has previously exercised the right granted to him;
• all documents were not provided, or a forgery was detected in the documents, or the documents do not contain the necessary information;
• There are no plots of land owned by a municipality or a constituent entity of Russia that can be transferred to the applicant free of charge.

But what should other segments of the population do, who, due to some physical disability, cannot earn their own plot of land? In our country disabled people, childhood disabled people and disabled children are entitled to many benefits, both social and material.

However, the warning system does not work properly in all regions and, often, people with disabilities simply do not know about their rights, and they, by the way, are extensive.

There are a number of both federal and regional programs that help people with disabilities improve their living conditions, provide all sorts of benefits and benefits. We will talk about one of them in this article.

Donation program

Free land plot: is it entitled to it and to whom? Today there is whole the legislative framework , which regulates the rights of people with disabilities in relation to this group of people.

On the territory of the Russian Federation, people with disabilities are recognized as people who are in a state in which there are all kinds of restrictions in the performance of any activity of citizens, from any side. The parties include physical, sensory, mental and any other activities.

The Federal Law “On Social Protection of Persons with Disabilities” establishes a number of points, according to which disabled people have the right to improved living conditions. In addition, this right is supported by the Rules for providing benefits to disabled people and families with disabled children.

Another important legislative act regulating the improvement of living conditions for people with disabilities is the Decree of the Government of the Russian Federation No. 901, which provides for priority the right of disabled people to receive a plot of land for personal purposes, namely, building a home (for individual housing construction), running a subsidiary farm, and so on.

These programs, enshrined in the legislative acts listed above, are federal program to provide disabled people with land plots, which are widely implemented in our country.

However, at the regional level there are programs that also provide a similar right. Information about them is not so widespread, however, it should be on the subject government website. If information is not available, you can find out about programs for people with disabilities by contacting your local government or administration office.

Reasons for providing

Disabled people are preferential category of citizens, and the state is trying to take care of these people and provide them with the necessary living conditions.

• first;
• second;
• third.

Citizens who have been given any of the listed categories have the right to exercise their rights not to receive a land plot.

In addition, citizens who are not disabled, but are simply parents of a disabled child, acting on his behalf and in his interests can also apply for a land plot.

Rights

The state protects the rights of people with disabilities and guarantees the provision of land to everyone. The land plot is issued once and a disabled person can no longer apply for the realization of his rights a second time.

However, if the land plot ceased to exist or became unusable due to factors independent of the actions of the disabled person, for example, mudflows, landslides, earthquakes and other factors that destroy the plot, then a disabled person has the right to re-apply.

However, the fact of loss of the previous land plot must be confirmed. In addition, the law strictly ensures that persons with disabilities are provided only vacant land plots, not burdened by the actions of third parties.

If a disabled person is denied a plot of land due to the fact that he has he already has a plot of land that he purchased on his own, then this is a gross violation of his rights. Thus, in accordance with the law, a disabled person has the right to receive a plot of land, regardless of whether he has a plot of his own.

As you can see, the rights of persons with disabilities, in accordance with the law cannot be limited actions of the legislator.

Receipt procedure

The procedure for obtaining a land plot for disabled people is quite simple and free of bureaucracy. So, for starters, a disabled person you need to collect a package of documents and send them to local governments. Actions performed by the disabled person himself in accordance with the new law on their social rights as little as possible.

In comparison with the law that was in force in the early nineties, a disabled person had to go through all stages of the procedure and bureaucracy, which involved endless walking to offices, standing in lines and filling out documents.

Today, to make it easier for disabled people to submit an application, a similar system is already in place in some regions. service in in electronic format, which can be easily obtained on the government services website.

They give you an exact list of documents, set an appointment time and help you fill out an application - and all this without leaving home and in the shortest possible time.

Algorithm of actions - instructions

The algorithm of actions for a disabled person to obtain a plot of land is quite simple. So, you need, as mentioned above, to collect a package of documents, submit it to the office for verification and wait for the documents to pass into your hands from the office specially formed commission.

The commission will review the documents and send requests to the relevant authorities to confirm the accuracy of the data you provide. Thus, a disabled person performs only two actions: submits a package of documents and waits for the result. Agree, it is very convenient for people with disabilities who cannot stand in lines and walk around offices.

Where to contact? This question worries any citizen who wants to receive any service, however, does not know how, and most importantly, where to exercise their rights.

However, if ordinary people If there is an opportunity to run through authorities, this is very difficult for disabled people.

So, you need to contact the local government directly - the local administration or government. They will tell you in detail about the program being implemented in the office, and they should also help you fill out a number of documents.

Also, if a disabled person does not have the opportunity to independently reach the authorities, you can ask for this social security center employee. An employee can come to your home and draw up an application with you, and will also help you draw up a package of documents.

Completing the application correctly

Statement, the key link in your appeal. His must be written in literate, legal language. So, if you do not mention any fact that is important for obtaining a land plot, you will return the documents back, which means that the time to obtain land will increase significantly.

In the statement in the upper right corner you must mention the authority, with all contact details, to which you are submitting the application. Also, do not forget to provide your details directly.

Further, in the middle of the line the word statement is written. Then begin to indicate by what right you are claiming the land. That is, your task describe your disability category. Also, do not forget to indicate For what purpose do you want to use the land?.

All these points are extremely important.

At the end of the statement there should be your signature and number.

The statement should be short and succinct, written in legible handwriting on an A4 sheet.

If a disabled person does not have the opportunity to write a statement legibly - you can use the computer, however, leaving their signatures on the sheet.

State duty- This is a mandatory element to receive any government service.

However, disabled people are exempt from paying it. This was done due to the fact that people with disabilities already belong to a preferential category of citizens who are not subject to any payments from the state.

That's why a disabled person is limited to only collecting a package of documents. A state fee is not required to provide such a service.

Deadlines

As a rule, the deadlines are already specified in advance in the regulations of the programs being implemented. As a rule, they should not exceed several months.

For example, the deadline for submitting and checking applications in the office cannot exceed exactly one month, and the time that will be lost for sending requests, receiving responses to them and verifying documents may vary from one week to several months due to some features of the data and the specifics of the work of some bodies.

What documents will be required?

The list of documents required to obtain this service is not that long. So, a disabled person needs to collect package of documents, consisting of:

As you can see, the package of documents is very modest, which means it should not be considered for long, which will have a positive effect on the deadlines.

Details and nuances

Is a disabled child entitled to a plot of land? A disabled child also has the right to receive a plot of land even if he has not reached the age of eighteen, however, his close people go through the entire procedure for him.

You can obtain the right to represent the interests of a minor in matters of obtaining a land plot parents, guardians and adoptive parents. They draw up an application, collect a package of documents and submit it to the local government body.

Citizens must act only in the interests of the minor. In addition to the members of the commission, such an application will also be considered by a representative of the guardianship and trusteeship authority.

So, if the family is in good standing, the minor’s representatives really do not cause any complaints, and the minor is truly disabled, then the commission will give a positive answer. If representatives have repeatedly been found to be abusing their rights and are not acting in the interests of the child, they will be refused.

As you can see, it is not at all difficult for a person with disabilities.

The main thing is to clearly understand the entire algorithm of your actions and then the procedure for submitting documents and waiting will go through as soon as possible, and you will receive only positive emotions from using the benefits provided by the state.

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Key aspects of legislation

Auctions are held by municipalities for the purpose of selling plots of land owned by the administration of a settlement or district. Citizens with disabilities have a legal right to register a plot out of turn.

Persons with disabilities can obtain ownership of land without participating in an auction for general principles. But only in the case when other citizens with the same benefit do not apply for it.

There is an opinion that only disabled people of group I can take advantage of this right. This is not confirmed in regulatory documents.

Those citizens who have been assigned any of the three disability groups, as well as families of disabled children, can obtain ownership of the plot.

The resulting land can be used for one of the following types uses:

• personal subsidiary plot;
• construction of a residential building or cottage;
• construction of a garage for vehicles;
• gardening.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues.

Conditions for obtaining land

The Federal Law “On Social Protection of Disabled Persons” contains clauses that explain in detail the procedure for registering land as a property free of charge. This provision of the law covers citizens with the first, second and third groups, as well as those raising disabled children.

A citizen with disabilities can obtain a plot for construction or gardening from the local administration.

After writing an application, he will be put on a waiting list and given the land for long-term lease. If desired, it can be re-registered as private property if construction work begins on it within three years.

Important! If three years have passed since the receipt of the plot, and the capital construction project has not been registered, then the plot is confiscated from the disabled person.

In addition, he loses the right to re-receive preferential land on this basis, since once he received it, he did not use it for its intended purpose.

The normative act contains articles defining which disabled people are recognized as needing the provision of a site.

Persons who have:

• does not own an individual residential building or apartment;
• Each family member has less than 12 m2.

The law gives the right to exercise this right subject to three conditions:

• presence of any disability group;
• the family is recognized as low-income;
• It is necessary to improve living conditions due to cramped living conditions.

The following categories of citizens can take advantage of the benefit:

• persons with disabilities of groups I, II and III;
• families with incapacitated citizens;
• a person who is dependent on a disabled child;
• guardians and adoptive parents of disabled children.

What documents will be required?

Land can be registered for long-term lease or ownership only after submitting the following documents to the local administration:

• statement. It sets out the requirement for free provision of the site, the purpose of further use and location. The text indicates the disability group and membership in a preferential category of citizens;
• passport (copy);
• TIN (copy);
• VTEC conclusion on group assignment (copy);
• certificate of registration at the place of residence (copy).

The site provided does not always have a boundary plan. The decision on the demarcation of boundaries in kind lies with the local government body. After receiving permits, a citizen is obliged to month period complete all the paperwork.

ATTENTION! Look at the completed sample application for the provision of a land plot to a disabled person:

Procedure

To receive a free plot, a disabled person should:

• contact the local government authority at your place of registration;
• write an application with your own hand;
• attach the required package of documents;
• stand in line to receive it;
• conclude a long-term lease agreement, and after registration of the start of construction work, privatize the site.

Where to submit the collected documentation

The local administration oversees the waiting list for preferential categories of citizens to receive land. A person in need can be added to this list here.

Please note! The distribution of allocated plots among families raising disabled children and citizens with disabilities is carried out by municipal authorities.

Beneficiaries who need to obtain a plot of land can contact the local government authority or directly the Department of Property and Land Relations.

Terms of consideration

After submitting an application requesting the provision of a plot of land, the citizen awaits its consideration. The law allows no more than two weeks for this. After the specified period, the applicant receives a decision on placement in the queue or a reasoned refusal. In some cases, the waiting period can last up to one month.

If unexpected circumstances “emerge” during the review, then the administration is given no more than 45 days to clarify all the nuances and make a decision. The citizen must be notified of any extension of the deadline for consideration.

Watch the video. Free land for disabled people:

What to do if you receive a refusal

Cases of refusal to provide a plot do occur. What to do if you receive such a decision from municipal authorities? A family with a disabled child or the disabled person himself should file a lawsuit within three months demanding that the refusal be declared illegal.

The main reasons why municipal authorities do not put people on a waiting list:

• in the applicant’s territory of residence there is no legislation according to which disabled people can apply for free land;
• a citizen does not stand in line for improved housing conditions.

If you see one of the above grounds in the decision of the local government, feel free to appeal it in court. All of them are against the law, and the case will be won.

Remember! The court will satisfy the claim of a person with disabilities and oblige the local administration to allocate a plot of land to him.

How to file a lawsuit

The application is drawn up in accordance with the requirements contained in Article 131 of the Code of Civil Procedure of Russia.

It states:

• the full name of the judicial authority to which the application is submitted;
• Full name of the plaintiff, address, contact telephone number;
• defendant's details: name of authority, address, telephone. The information is provided in full, without abbreviations;
• the citizen’s claim (amount of claim) and the amount of state duty. A reasonable amount of compensation increases the chances of the claim being satisfied in full;
• the circumstances that served as the basis for filing the application. It would not be amiss to mention information about relevant papers;
• evidence confirming a violation of your rights. These may include links to regulations and witness statements;
• a list of documents attached to the claim;
• personal signature and date.

Important! In addition, the following is attached to the lawsuit:

• receipt of payment of state duty;
• power of attorney if represented by a lawyer;
• the text of the official document, if it is disputed;
• copies of applications to the court according to the number of participants in the process.

If these requirements are not met, the judge has the right to legally refuse to accept and consider the claim. At the same time, time is given to correct and eliminate comments.

If the applicant does not meet the allotted deadline, the paper is considered not accepted and is returned to the originator along with the attachments.

Submit the application to the district court at the place of residence of the defendant or the location of the organization if the claims are brought against a legal entity.

ATTENTION! Look at the completed sample claim for recognition of the right to receive a land plot and recognition of refusal as illegal:

The entire process is carried out on the basis Federal Law, which deals with the protection of people with disabilities.

More specifically, it is in Art. 17 of the above-mentioned law states that disabled people, as well as their children, have preferential conditions for priority receipt of land plots.

We talked about the grounds and conditions for receiving a plot of land free of charge from the state in.

Obtaining land plots for disabled people of 1-3 disability groups

You can receive land on preferential terms for various purposes, in particular:

• for building a summer house;
• for gardening;
• for individual housing construction;
• for running private household plots (personal subsidiary farming);
• for the construction of auxiliary premises.

IMPORTANT! One of the common misconceptions is that obtaining land for the first and, for example, the second disability group is different. But fortunately, this is not the case.

Disabled people of groups 1, 2 and 3 have the right to receive benefits, and the process of obtaining land for each group is absolutely no different.

But nevertheless, here too it could not be done without one important nuance. A claimant to land must have what is called a “permanent” disability. This is a 100% guarantee of receiving the land allotment.

If the disability is not permanent, then when you apply to the local authority to obtain land, there is a possibility that you will be refused, since the decision is made depending on the situation.

The law defines a clear list of those who can qualify for preferential conditions:

1. a family with a child with disabilities;
2. in the absence of parents and the presence of guardians, they also have legal grounds for receiving benefits;
3. citizens with disabilities;
4. trusted representative of citizens with disabilities.

Also, the law establishes clear requirements regarding land allotment:

• it must be registered in the cadastral register;
• have a separation.

Reference: Demarcation is a range of works aimed at establishing clear boundaries of a site;

This, of course, is quite expensive, but there is no need to worry, because bringing the site into proper shape is the task of the local authority, so these services are provided free of charge.

Note! By receiving a plot of land on preferential terms, we mean receiving it without an auction, i.e., much cheaper. There is no talk about it.

But you shouldn’t despair, sometimes land plots are provided free of charge, but in rare cases at the discretion of the local authority.

Often, citizens with disabilities apply to participate in the auction.

Since participation requires the payment of a deposit, in such a situation the benefit ceases to apply and participation in the auction takes place on an equal basis with others.

Worth knowing! Submitting an application is the most important part of obtaining a land plot. To avoid unnecessary problems, treat this procedure as carefully and responsibly as possible.

Read more about the procedure for providing a land plot to disabled people and the application for receipt, and full list preferential categories that can apply for a land plot can be found.

How to get land for a disabled person, watch the video:

Instructions

To obtain a land plot for adults

To obtain land allotment for minors

1. Contact your local authority with an application and a package of documents.

   The application must contain:

   • disability group;
   • address of the desired land plot;
   • the purpose for which the land is to be allocated.

   A package of documents consisting of:

   • medical examination reports;
   • original birth certificate.
2. Wait two weeks for a decision from the local government on the allocation of land.
3. In case of a positive decision, register ownership within 30 days.

You can find out more about how to get a plot of land for a disabled child.

This article examines the receipt of a land plot by a disabled person of categories 1, 2, 3. In the materials of our experts you can also find out about other benefits for the provision of land, for example, for and or. You will also find useful information on how to join and how to find out your place on the list.

Refusal to provide a land plot

Often there is a refusal from the local government. The main reasons for this may be:

• repeated acquisition of land (i.e. if you have already used this opportunity);
• if you completed the application incorrectly or provided an incomplete one.

If you disagree with a local authority's decision, you have the right to take legal action against them. But this also does not guarantee that you will still be given a plot of land.

Here are several options for the further course of events:

1. the court may rule in your favor if you contacted the local authority due to terrible veins. conditions;
2. the court may rule that you will be limited in the choice of plot put up for auction;
3. the court may rule entirely in your favor.

Most likely, legal proceedings will help you obtain land, but not always.

The basis for starting legal proceedings is a written refusal to provide a land plot.

Also keep in mind that to obtain land it is not necessary to have no other real estate. You can own an apartment or a plot of land and still have the right to land.

This is how the process of providing land ownership for people with disabilities belonging to the first, second, and third disability groups takes place.

In this article, we examined the most important aspects that need to be taken into account so that obtaining an allotment does not cause the slightest difficulty and takes place in the fastest possible time period.

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