The legislative framework
The regulatory legal act regulating the process of registering a land plot as a property is Federal Law No. 181 “On the social protection of disabled people in the Russian Federation” dated November 24, 1995. This law allows a disabled person to obtain a plot out of turn at a reduced price or for free out of turn, rather than through an auction. That is, automatic allotment of a plot is available to them, but in the absence of other applicants with disabilities for the same plot.
Plus, the conditions for registering land may depend on regional laws. This point is spelled out in Decree of the Government of the Russian Federation No. 901 “On providing benefits to disabled people and families with disabled children to provide them with living quarters, pay for housing and utility services.”
Important
! Citizens with disabilities, regardless of group, as well as families with disabled children have the right to register ownership of a plot of land.
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Luiza Miniakhmetova says that she has to extract the assistance required by law from officials. And constantly prove that her daughter has been sick since the first month of life. Now a criminal case has been opened against the woman for giving a bribe. Allegedly, she gave money for issuing a disability certificate.
The situation is extremely ambiguous. Expert Zhigunova, whose signature appears on Amira’s documents, was indeed convicted of taking bribes and issuing false certificates. There were about 60 episodes in the criminal case. But for some reason, almost a year after the verdict, investigators became interested in the Miniakhmetov family.
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Which disabled person is eligible to apply?
The type of state assistance in question, as mentioned above, is available to disabled people of any group and the reason for which a special status has been established. Citizens representing the interests of children with health limitations are not excluded from the list of beneficiaries.
Let us note that a plot is allocated once in a lifetime, unless there are recorded facts of destruction of the plot or the impossibility of its operation due to an earthquake, landslide or other force majeure. Under the influence of unpredictable circumstances, the beneficiary, with evidence of what happened in hand, has the right to apply for the issuance of land a second time.
Is it legal for the administration not to allocate a plot of land for a garage to a group 2 disabled person?
In addition, it is necessary to pay attention to the fact that in Art. 15 of the Federal Law “On Social Protection of Disabled Persons in the Russian Federation” talks about the extraordinary provision of a site for the construction of a garage. Consequently, when providing such plots, the same rule applies as when providing plots to disabled people for individual housing construction, namely: when providing such plots, auctions should not be held, and a disabled person has the right to receive a land plot without participating in any competitions or auctions.
Hello. My daughter has been disabled since childhood with cerebral palsy (musculoskeletal system). In 2021, money was allocated for the purchase of a car because my daughter was a minor at that time. The car was registered to her husband, now she is an adult, but she is afraid to drive a car. In 2021 -2021, land was allocated for rent for a metal garage, but this year they refuse, citing that there is no cadastral number for the land and demanding that the car be registered in the name of their daughter, is this legal? If she has 2 grams of vital disability (cerebral palsy).
Rules for providing land plots to disabled people
Persons with disabilities applying for a plot of land (partially or completely free) must take into account certain rules, namely:
1) have a disability group (any) or are raising a child with special needs;
2) be registered with the local administration as citizens in need of improved housing conditions;
3) a person’s real need for a land plot, for example, to build a house on it, due to the unacceptability of current living conditions;
4) a disabled person is obliged to build real estate on it within three years after the land is issued, as this will allow him to become the owner.
Important
! The decision to provide land is made by local authorities, first by renting out the land. If within three years a building appears on this plot of land, ownership can be registered.
By the way, about the purposes for which the land is allocated. As experts note, cases are considered when a disabled person wants:
- build a house, cottage, garage;
- start farming;
- use the land for a vegetable garden.
How can a disabled person get a plot of land for free?
If there are real grounds (the presence of a confirmed disability group granted for life), then you have every chance to acquire a plot of land for free, based on the desired purpose (construction of a residential building, farming, etc.).
The right to preferential receipt of a land plot is granted 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 to acquire land within the framework of the state social program.
The procedure for registering a plot of land as ownership
The process under consideration generally consists of the following actions:
— preparation of a full package of documents to secure a plot of land;
— provision of collected papers for analysis to the administration office;
— subsequent review of documentation by a special commission;
— confirmation of the information provided by sending requests to various government agencies;
— adoption of a resolution on the allocation of a land plot to a disabled person.
— receipt by a citizen with disabilities of papers giving the right to start construction.
It is noteworthy that in some regions there is a convenient opportunity for people with disabilities not to visit the administration in person, but to submit documents in electronic format. But if there is no remote interaction and the person in need is not able to come to the place of registration, you can contact the social security center and leave a request for a specialist to visit your home. An employee of the institution will help you write an application, pick up the papers and give them to the commission.
Important
! Citizens from the preferential category (disabled people), as a rule, do not pay state duty. But due to the fact that the allocated land is initially owned by regional authorities, local rules and laws come into force. They bring their own specifics to land law.
Therefore, the free process of registering a plot of land is not guaranteed.
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- a disabled person collects a full package of documents;
- this package is sent to the local administration, and it is possible to complete this process not only personally by the citizen, but even electronically, for which the government services portal is used;
- Administration workers set an appointment time, and together with them an application is drawn up to receive a plot of land from the state.
In some regions of the Russian Federation there are programs under which land is issued not only for housing construction, but also for other purposes. In this case, you need to obtain a resolution on the allocation of land for construction from the administration. The size of the plot depends on the purposes of its use, but at the minimum at the state level it is equal to:
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How to get land for disabled people of group 1
Citizens with disabilities of the 1st category, applying for a free plot of land, must confirm their status and belonging to the number of beneficiaries. Be that as it may, the application for obtaining land should indicate:
— desired location of the land plot;
- the reason for allocating the plot;
— further intended purpose of the land;
- a request that the property be registered free of charge and outside the auction;
- the legal basis for using the site due to personal need.
By the way, it would not hurt to attach evidence of the applicant’s difficult financial situation to the documents as an additional factor for making a decision in his favor. In general, papers can be reviewed for up to 30 days, but a response comes in about two weeks.
Preferential provision of land for disabled people
Russia is the largest country in the world, and not the most densely populated, but for some reason most Russians prefer to live in multi-story “anthills” in a residential area. Not everyone can afford to obtain land and build their own home there; it is not so much expensive as it is difficult. It is especially difficult to obtain land in such a place that it can be built.
This is especially important for people with disabilities - as a rule, the urban environment is not suitable for them at all
, and in their home they can equip everything for their own comfort. And your own home is also a personal plot, which will help you save on food (and even provide a small income), which is even more important for people with low incomes.
And the state, at first glance, took care of providing land for people with disabilities. There is such a clause in the Federal Law of 1995 No. 181-FZ “On the social protection of disabled people in the Russian Federation”, which in Article 17 contains, among other things, direct references to providing disabled people with their own land plots. This right is also
.
So, the main provisions of the laws are as follows:
- disabled people and families with disabled people are given the right to priority receipt of land plots that are in state or municipal ownership;
- the land is leased to these beneficiaries without holding a tender;
- If this is provided for by the legislation of the region, people with disabilities can receive land ownership and completely free of charge.
In other words, people with disabilities receive priority rights to receive a plot of land for rent, and they receive it without bidding (as required by law for all other beneficiaries).
But there are two important points: at the federal level we are talking only about land lease
(only regions can give it ownership according to their own laws), that is, it will be paid; and the law does not directly require that the recipient of the plot needs to improve their living conditions. Why this is important will come later.
The procedure for registering a site for disabled people of group 2
In this case, holders of group 1 do not have advantages over disabled people with group 2. The priority and sequence of actions here is the same and means that a person belonging to category 2, when registering an allotment of land, is obliged to:
— provide medical documents confirming disability:
- submit an appeal to the local government body, proving your need;
— receive an answer and documents for registering your right to land in Rosreestr.
What group of disabled people are entitled to a plot of land?
The freely provided land can be used for gardening, construction of a residential building, personal garage, and organization of personal plots. Subleasing of land, construction of shops, workshops, barns and any other commercial use of freely received land is prohibited. If such violations are detected, the previously issued plot is returned to the state.
- a statement written in your own hand according to the sample;
- passport;
- TIN;
- VTEK certificate confirming the assignment of disability;
- documents confirming income;
- a certificate of family composition, upon request, a certificate of income for each family member;
- upon request - a certificate of ownership of real estate.
Step-by-step instructions for obtaining a land plot
The procedure for a disabled person to obtain a plot of land is not complicated.
Remember! To obtain it, you must carry out the following list of actions:
- prepare a package of documentary information established by the municipal authorities,
- apply with the prepared package to the municipal body competent to consider such applications and documents,
- after receiving the information, the body convenes a commission, which makes a decision on the application,
- after making a positive decision, the commission issues a decision, which is the basis for registering rights to the site and its use.
To submit information, as a rule, you should contact your local city administration. In some regions you can submit an application electronically.
Some regions have a special service, according to which an employee of the authority comes to the home of a disabled person to obtain documents and assist in drawing up an application.
After the commission makes a positive decision, the land plot is transferred no later than one month for use.
Do I need to pay membership fees to SNT if I own the land?
The following are provided for submission to the authority:
- a copy of the person’s identity document,
- information about the place of registration on the territory of the subject,
- document confirming tax registration of a citizen,
- a certificate issued by a medical organization indicating the category of disability.
So, the obtaining procedure is not complicated and does not require any legal actions.
