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 they simply do not know about their rights, and they, by the way, are extensive.
There are a number of both federal and regional programs, which 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 a whole legislative framework, which regulates the rights of people with disabilities in relation to this group of people.
In the territory Russian Federation Disabled people are 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 activity.
the federal law"ABOUT social protection disabled people" 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, construction of a home (for individual housing construction), maintaining subsidiary farming 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
- 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 site, 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 gross violation he's right. 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 electronic form, 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 minimal short 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.
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 center employee social security . 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 right top 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 only get positive emotions from using benefits provided by the state.
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.
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It is not allowed to place industrial-type enterprises and other commercial organizations. 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 the age of majority, 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 in care foster parents, it is necessary to present documents establishing relationship with the applicant.
The necessary information about the natural parents is indicated in.
Sample application
Compilation procedure:
If errors or omissions are found in the application, it will need to be redone and the documents will need to be submitted again.
The application is filled out by hand, signed, decrypted and dated. Without this data, the paper is considered invalid.
It is possible to submit an application typed on a computer, but with the obligatory affixing of a manual signature.
Terms of consideration
If the documents are collected in the required quantity, the application is written correctly, then the decision is made within 14 days.
Social programs developed at the state level provide a number of preferences for people with disabilities, including in terms of gratuitous provision of land plots. To send a request to provide a plot to a disabled person of group 1, 2 or 3, it is not necessary to come to the reception in person or take part in the auction.
A family member of a disabled person or a representative whose powers are confirmed by a notarized power of attorney have the right to prepare documents for obtaining a plot of land. Land plots are provided to people with disabilities on the basis of lease agreements or are allocated for individual development.
Preferential acquisition of land plots is possible for the following purposes:
- placement of country houses;
- gardening and gardening;
- construction of an individual residential building;
- maintaining a personal subsidiary plot;
- placement of auxiliary premises.
Right to preferential receipt a plot of land is provided to all people with disabilities, regardless of the category of disability and severity of the disease. Disabled people of groups 1, 2 and 3 have equal opportunities for the acquisition of land within the framework of the state social program.
But under these circumstances it is necessary to take into account important point: the disability group must be obtained on a permanent basis. Otherwise, a citizen has no right to claim a free allocation of land on this basis.
But in any case, submit an official application to the municipality, since the decision is made based on specific situation. In addition, various nuances of obtaining land within the framework of preferential programs can be indicated in regulations regional significance.
Therefore, the circle of applicants for free provision of land can be expanded within the framework of resolutions and orders at the local level.
The fundamental issue for obtaining land free of charge is registration and collection necessary documents, confirming the status of a preferential category of citizens.
When contacting your local government authority, please provide the following information:
- desired location of the land plot;
- availability of grounds for obtaining a plot (disability of the relevant group);
- planned purpose of the land plot;
- a request for the possibility of free provision of a land plot without an auction;
- possible legal basis for using a plot of land for your own needs.
If you have evidence of a difficult financial situation, be sure to attach it (certificate of job loss, document about the need for expensive treatment, loss of a breadwinner, etc.).
Please accompany your application with the following documents:
- a certificate substantiating the presence of the corresponding disability group (conclusion of a special medical commission);
- a copy of the certificate of registration with the tax authority;
- document on family composition;
- a copy of the child’s birth certificate;
- a copy of an identity document;
- income certificate;
- documents confirming the applicant’s difficult financial situation (presence of dependents living with the applicant, document confirming lack of income).
The period for reviewing the above documents in accordance with legal requirements does not exceed 30 days. In practice, the response from the municipality comes within two weeks.
If there are circumstances in the case that require additional clarification and the provision of supporting certificates, the deadline for reviewing documents may be extended to 45 working days.
The applicant must be informed of the need to extend the period for verifying information justifying the possibility of obtaining an allotment of land.
If the submitted documents comply with the requirements of the law, then the municipality includes the citizen in the queue of beneficiaries awaiting free provision of land plots.
The procedure for obtaining land for persons with disabilities is absolutely free of charge. As part of social support for vulnerable groups of citizens, people with disabilities are exempt from paying state fees for registering land rights.
Let us remind you that for all other categories of citizens who do not fall under preferential categories, the state fee is 1000 rubles.
If there are real reasons (presence of a confirmed disability group granted for life), then you have every chance to acquire a plot of land for free, based on what you want intended purpose(construction of a residential building, maintenance Agriculture etc.).
pay attention to legislative framework your region on the allocation of land plots within government programs By social support the least protected categories of citizens. Each specific region has its own characteristics of providing plots of land to preferential categories of citizens.
Allocation of land free of charge is not an obligation government agencies. Governmental support low-income and socially vulnerable citizens are allocated based on the capabilities of the region’s budget.
How to get a land plot for a disabled person of group 2
Citizens with disabilities of the second group have the right to count on receiving free land plots on the same basis as disabled people of the first and third groups. The priority for preferential provision of land plots is not divided into categories of diseases; citizens of the first disability group do not have preferences over representatives of the next two groups.
The algorithm of actions for obtaining a plot of land free of charge for disabled people of the second group is as follows:
- prepare medical documents, confirming the assignment of a degree of disability;
- submit an official appeal to the local government body justifying your position on the need to allocate a plot of land free of charge;
- receive a response from the municipality (under current legislation, decisions on issues of preferential provision of land plots are made by local authorities within a period not exceeding one month);
- If the answer is positive, collect a package of documentation for registering land rights with the Rosreestr authority.
How to get a land plot for a disabled person of group 3
The legislation does not provide for separate requirements for the allocation of free plots of land for representatives of the third disability group. The procedure for obtaining land is identical for all categories of disabled people.
To correctly complete an application for an allotment, follow the following instructions:
- write an appeal to the municipal authority state power(in the text of the appeal, indicate the desired location of the site, the intended intended use, the difficulty of the financial situation for independent acquisition of land);
- provide the authorized body with the necessary personally identifying information (passport data, individual taxpayer registration number, copy of the pension certificate);
- send an officially issued conclusion from the medical commission about the presence of a disease, which is the basis for assigning the applicant a third disability group.
The procedure and conditions for the free provision of land plots are determined at the level of regional legislation.
Federal regulatory authorities do not provide for obligations for local authorities to allocate land on a free basis. This issue is being resolved by the regional authorities based on the financial capabilities of the regional budget.
Features of obtaining land for disabled people are as follows:
- disabled people have a priority right to free plots compared to other preferential categories of citizens;
- in some cases, local authorities may determine the cost of obtaining land plots (the income of a disabled person is above the regional average, the disabled person owns real estate and does not need to improve their living conditions);
- a representative of a preferential category of citizens has the opportunity to challenge the municipal authority’s refusal to provide a plot of land free of charge by submitting evidence of his preferential status (the need to improve living conditions, low level income, high price treatment, etc.).
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 group 1 disabled person can get a land plot, whether a group 2 disabled person 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 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 in the amount 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
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