Land with disabilities of 1 groups where to contact. How can a disabled person get a land plot for free? What to do if the refusal is received

The state cares about the rights of persons with disabilities - provides them with land plots.
A few years ago, Russian land legislation has undergone major changes. Innovations have established new rules for providing citizens of land plots. Now land put on all those wishing can be in ownership or use under the lease agreement from the municipal or federal lands, only by taking part in public auctions, where the property is acquired by a person who has proposed the highest price. However, it should be noted that the state has protected the rights of people relating to the preferential category of the population - this is a disabled. These citizens constitute an exception in equalizing the rights on this issue.

Citizens with disabilities should know their legal rights and use them to fully

The current Federal Law "On Soc. Protection of disabled "in its 17 article gives a complete explanation on this problem. The article says that people with disabilities and families, where children with disabilities have, should be put on local authorities to ensure that their living standards increase. The authorities decide this issue due to the priority provision of incidents for the construction of residential buildings, for the buildings of a treacherous nature, for the classes of personal subsidiary economy, for breeding a garden and a garden, for the construction of the garage.

The land law considers the rules of the general nature, which explain the conditions for the allocation of areas to citizens under life. Thus, Article 30.1 of this Code in its subparagraphs explains that the sale of land plots intended for housing, as well as the sale of rights related to the conclusion of the Rental Treaty on the use of a certain section of the Earth in order to further build it, is carried out on equal rights and conditions for all participants held authorities of trading. However, the law aimed at social protection of disability persons provide for this category of citizens an exception, which consists in providing them with the right of priority for land real estate from the state to ownership or rent.

The auction itself rejects the principle of providing land plots out of turn, as this event provides for compliance with certain conditions, namely, the deposit of the deposit, the site is sold at the highest price. The Supreme Court of the Russian Federation explicitly pointed out that participation in the auction does not give a preferential category of the population to take advantage of their right granted by the state under the law. Consequently, public bidding should not act as a tool for providing land to disabled.

Who is obliged to deal with the issue of ensuring the provision of land disabled?

In accordance with ZK Art. 29 Responsibilities related to the definition of the procedure for providing sections to citizens and legal entities, as well as the implementation of this order, is entrusted with local governments within their competence. The inaction of these bodies in accordance with the Federal Law on the SOC. The protection of persons with disabilities cannot commend the deterioration of the rights of people with disabilities.

Within the framework of the law, no restrictions associated with the priority allocation of land areas with disabilities are not considered. Plots for this category of citizens should be formed and defined within the borders. In the event that there are no areas with formed borders, it cannot make a reason for the refusal to a person who has disability in the provision of land. The Land Code clarifies that the bodies of the municipal authorities are obliged at their own expense to conduct air-friendly work, fully arrange a landline and put a plot intended for the disabled person to state. Cadastral record.

The authorities refuse to fulfill their duties. What follows?

In the event that the authorities shy away from the execution of duties assigned to them in terms of providing persons with disabilities for the construction of housing, conducting gardening and other things, or inactive, then the court will decide in favor of a disabled person and oblige municipal authorities to carry out all work at the expense of funds municipal budget. Therefore, it is necessary to take a written refusal to allocate the site, issue a complaint and challenge the refusal to court.

Are there any restrictions on the allocation of land with disabilities?

The rights of persons with disabilities in the field of priority of obtaining land cannot be limited. It is enough that the preferred area is listed free, that is, should not be in possession of third parties. This right is preserved for a disabled citizen even if it has land plots.

What documents will be required to be disabled upon receipt of a land plot?

The first step is to submit an application to the local authority authorized to deal with this problem. The statement necessarily indicates the purpose of the use of the Earth, the desired location and the right of ownership. The application is accepted if there are following documents:

The original passport of the disabled person for a visual inspection, its copy is rendered;
Certificate, testifying to the applicant's registration;
Certificate of registration with tax inspectorate as an individual;
reference medical and Social Examination about disability (certificate of ITU series).

In connection with repeated changes in Russian legislation, today the priority right to receive a land plot for individual housing construction (Izhs) in people with people with limited features. For this category of citizens, there is not even the need to be present in person when trading. The real estate object is transferred to the disabled, the second, third group or on the concluded lease agreement, or under the INTERIENCE.

The right to provide land areas with disabilities of the first, second and third group is implemented thanks to federal laws that are developed for social protection of citizens with limited needs. According to state regulations, it may not only be disabled faces, but also families in which there is a child with disabilities.

Allocation of territory for agreed benefits is provided strictly for the next target:

• Maintenance of the subsidiary;
• IZhS for the construction of a residential building, cottages;
• Gardening and gardening;
• Installing a garage or other non-residential premises.

To use your first priority right to receive land, you need to know some nuances that we will be told next.

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Order and legislation

Referring to the norms of the Land Code of the Russian Federation, all citizens are provided with an equivalent right to purchase a territorial object of real estate for IZhS or bought it or placing rental. In this case, when the question concerns the persons with disabilities of the first, second and third group, we do not affect private property. We are talking about municipal property, which can be obtained, only by taking part in the auction.

However, if on land plot A person with disabilities claims, the first priority will be under the law he or his representative. At the same time, the participation of a disabled citizen in the auction will deprive its opportunities to take advantage of public benefits, because according to the rules of the auction, real estate can go to the one who gives the highest price for it.

Based on the foregoing, to get from the state of the land under ILS or for other purposes, the disabled person should not participate in the auction. He is given the right to use the object of real estate without participation. Local self-government is engaged in these issues, as well as executive authorities. In addition, when transferring land to the disabled person 1, 2, 3 groups to property, the state has no limitations, not counting that it is impossible to get real estate that is already in someone's ownership.

Mandatory conditions

Despite the fact that people with disabilities of the first, second and third group have a primary right to get a real estate land object under an individual or other appointment for use or property, it is important to take into account that it is not provided free of charge. This is due to the fact that the municipal property cannot be given indefinitely.

Given the legislative requirements, the local authority of self-government or the executive power is obliged to provide land with disabilities, on which there are no encumbrances and restrictions.

The transmitted area should have clearly established boundaries, however, in accordance with applicable law, if the disabled person of the first, second or third group is interested in this, the lack of intertaries cannot serve as a significant cause of refusal. This means that it is possible to get such a territory, but before this, the municipal government is obliged to conduct an interviewing and put a land plot on cadastral accounting.

To obtain a real estate facility, citizens with disabilities need to be submitted to the appropriate statement and the list of documents to the local authority of self-government.

Required documents

In order to realize its right to the priority of land in ownership or use, it is necessary to make an appropriate request to the executive authorities.

List of submitted documents for disabled 1, 2, 3 groups:

• A written application indicating a group of disability, the location of the real estate object, which the applicant wants to get, and also for which it intends to use it;
• Personal passport of a citizen of the Russian Federation;
• An identification number;
• Documents confirming disability;
• Documents from the registration site.

The applied statement with the list of documents attached to it will be considered within no more than fourteen days. Then the applicant, with a positive decision, will be able to obtain an object of real estate under ILS in property.

It should be remembered that if the land is transferred to the property, then its right to it must be registered within one month after its provision. The corresponding certificate is drawn up in the establishment of Rosreestra, the Cadastral Chamber, or the multifunction center at the location of the site.

For minor

As already mentioned, to use the right to the priority acquisition of the Earth under ILS, gardening and other families in which there is a child with the disability of the first, second or third group, who has not achieved adulthood. Real estate for families with such children has the same targeted purpose, that is, IZhS, utility farm, gardening, other. The application is given to the local authority, along with the following documents:

In addition, you will need a passport of a representative of a minor child, parent, adopter or guardian. In the case of guardians, paper will be required, indicating the availability of the applicant's grounds to act on behalf of a minor.

In general, the application will have the same form, and its consideration will also be fourteen days.

Process difficulties

In the process of the whole procedure, before the right to get the real estate object for use or property, the disabled, the first, second, third group may face some difficulties. They are not so global, but it is desirable to know about them in advance so as not to panic in the future.

Despite the fact that the term for consideration of documents and the decision of the decision within fourteen days is established, the authorized body has the right to postpone the decision, but not more than thirty days in aggregate. This happens if you need to additionally confirm any information. However, the applicant about the extension of the deadlines is obliged to notify in writing.

Another unpleasant moment becomes a refusal to issue a land plot. The grounds for it serve:

• Inconsistencies in submitted documents;
• An attempt to take advantage of social benefits and get real estate the second time.

In the first case, the applicant's inconsistencies are eliminated, the shortcomings are taken into account, the documents are re-collected and submitted again to consideration. In the second case, something is pointless, because it is possible to get the land in this way once.

Court decisions

Turning to court to solve any individual question or in the event of a refusal for reasons that are not related to any of the above categories, it is important to keep in mind that there is no unambiguous practice in these issues. Therefore, to predict what the court decision will be practically not possible. By summing up statistical information, it can be noted that the decision of the judicial institutions is recognized by the rights to obtain a land plot under ILS, gardening, other for the disabled person of the first, second, third group out of turn when it is necessary to improve its living conditions. You can also encounter a decision on obtaining a site without auction, but for the established value. In addition, the Court may decide to provide an object of real estate with disabilities, but refuse to independently choose its location.

To seek the court in case of unlawful refusal without legitimate reason. Such claims are usually satisfied in favor of persons with disabilities. But, before submitting a claim, it is important to have a written official refusal of the local self-government. Without him, the point will not go.

The current legislation provides for not a free distribution of land plots with disabilities, and the acquisition of their property or long-term rent at a reduced price. At the same time, the applicant has mainly the right to purchase - it means that he can get the land out of turn. Detailed description The procedure for providing areas, their appointment - all this can be found in the material.

Federal legislation guarantees certain benefits for persons with disabilities, including the right to provide land plots. First of all, the Federal Law No. 181 says this.

Article 17 states that people with disabilities have a preferential right compared to other citizens to receive land (we are only about those sites that are owned by the state - at the federal or municipal level).

At the same time, all possible use goals are negotiated:

• (construction of your own house, where you can live on an ongoing basis, year-round);
• personal economy, garden and garden;
• country farm.

Thus, the acquisition of a plot for commercial purposes is not allowed. The right can take advantage of both the disabled and the families in which they live. It is important to understand that the law does not guarantee free acquisition of land as such. It is only about the priority right of the disabled person, i.e. The land can be purchased for money, but without participation in the auction (in 1 line). Thus, although the price for the site turns out to be lower, but he is still provided not free.

Who has the right to the priority acquisition of the site

All the disabled are used, regardless of the Group (I, II and III). The group must be confirmed by the corresponding conclusion of the VTEK medical commission. Also right use:

• parents of disabled children;
• guardians of disabled.

The applicant can personally take part in the design of relevant documents or contact the local administration through the legal representative. They can be parents (including reception), guardians, as well as persons who act on the basis of a notarized power of attorney.

Conditions of allocation

Applicants may apply for land in federal or municipal property. The administration is formed a queue of citizens who have the right to acquire land. Among them, the preferential right is disabled, and within this category the distribution is carried out in the order of a living queue. Earth can be provided:

• in ownership;
• or in long-term rent.

In the second case, it is possible to privatize the land subsequently, having received the consent of the municipal authority.

Selection conditions are as follows:

1. The site can only be provided under the objectives that were declared in advance. For example, it is not allowed to build a capital residential building on Earth, which is assigned to the country farm.
2. The territory is provided with disabilities with constant disability. Medical examination takes place annually, therefore, according to the inspection, the group is canceled, the citizen is deprived of the benefits.
3. If it is required to be carried out with the definition of exact boundaries of the territory, separating it from the sections of neighbors, and also put, the administration holds it at its own expense. That is, the buyer (or tenant) gets "ready" land, and no additional documents are required.
4. Representatives of the local administration have the right to check the lands even if the disabled or his land gained her property. This creates a special commission that visits the owner 3 years after the design of documents.
5. If this period is revealed that the family uses the territory for another purpose, the site can confiscate. The corresponding decision is made only in court.
6. If it is planned to use the area for the construction of the house (Izhs), for this, a family must recognize the conditions in need of improving conditions. It is also done in the local administration. One of the conditions is a small area of \u200b\u200bthe apartment (less than 12 m 2 per person) or recognition of the house where the family of the disabled person lives, emergency.

Step-by-step instructions for obtaining land

To obtain the Earth, it is necessary to contact the administration of the municipality, where it is supposed to acquire a site.

Step 1. Collection of documents

First of all, you need to collect a full package of documents:

• passport of the disabled person (for a child - birth certificate);
• conclusion on the recognition of disability and assigning the relevant group;
• parental passport or guardian if it acts on behalf of a disabled person;
• (You can get in the local passport desk).

You can also provide additional documents that give the right to receive benefits. For example, a large family with 1 or several disabled children will have an advantage over the rest of the applicants.

Opinion expert

Salomates Sergey

Real estate expert

If the territory is purchased or rented in order to build a capital house on it, it is necessary to further provide a certificate that the family needs to improve their housing conditions. To do this, contact the Housing Department of the Administration in advance: the document is manufactured at least 1 month.

Step 2. Appeal to the administration: Sample application

With these documents, they add to the administration, in place constitute a statement (in 2 identical original copies) according to the adopted pattern:

1. The document is written in the name of the head of the administration, the applicant also indicates its name, address and contact details.
2. The text sets out a request for the selection of the site; It is indicated by the address of its location and square. Prescribed a base for petition.
3. Next, you need to describe the list of all the documents applied.
4. At the end put a date, signature and transcript of signature (surname, initials).

One copy is submitted by an employee of the municipal authority, the second is set to the transfer of documents. From this date and the term of consideration is counted.

Step 3. Waiting and Next Actions

Waiting time is from 15 to 30 calendar daysIn rare cases up to 2 months. The administration must provide a written response that is sent by mail and delivered to the hands of a disabled person or his family. If a positive decision is made, the applicant immediately proceeds to the design of documents for the land plot. The representative of the administration is signed a contract:

• rental;
• or sale.

Next, it is necessary to register the right of ownership or the right of lease in the Rosreestra department. Documents are submitted to a plot, contract, the passport of the land owner (or its tenant). In the future, the actions will depend on how it is supposed to use the territory. The simplest case is a personal economy, cottage, gardening, because no additional documents do not need to execute.

If a citizen intends to build a capital house, it is first necessary to obtain permission for construction in the local administration. The project is pre-compiled (at its own expense), which can be made both independently and through specialists of private licensed companies.

Opinion expert

Salomates Sergey

Real estate expert

The acquisition of a plot to property suggests the payment of land tax. Rate size is 0.3% for areas used under the personal economy, gardening, country household and 1.5% in the case of the construction of the capital house. The tax must be paid from the territory belonging to the right of ownership, and from the leased land. Can be installed by local authorities, at the federal level such possibilities are not provided. Therefore, the disabled person or his representative needs to receive additional advice in the administration of his area.

Step 4. What to do in case of refusal: judicial practice

Along with the obvious causes of failure (not all documents are submitted, there are errors, inaccuracies, damage, etc.), there may be more good reasons.