Legal entities and individuals, on the basis of the Land Code, Article 28, paragraph 2, can purchase land plot for a fee if it is listed as state or municipal property. However, this does not exclude the possibility of providing citizens and legal entities land plots without any payments, that is, free. This provision is confirmed not only by the Land Code of the Russian Federation, but also by some other federal laws and regional laws of the constituent entities of the Russian Federation themselves.
The Land Code (LC) explains in detail in Article 30.1 all the subtleties of allocating land for ownership or use under a lease agreement for individual residential construction.
The Land Code in Article 34 explains in detail the allocation of free land plots for the management of private household plots (personal subsidiary plots). Land intended for these purposes must be located within populated areas. Also, this article thoroughly examines the issue of allocating plots for the construction of country houses, for the use of land for the purpose of vegetable gardening and horticulture.
The Land Code of the Russian Federation explains that only at auctions is it possible to sell land plots for housing construction. In addition, rights regarding the lease of land areas, the purpose of which is the construction of housing, are sold at public auctions. Public auctions are subject to certain requirements that prevent citizens from taking advantage of the principle of priority.
Article 34 of the Land Code provides a detailed explanation that in order to take advantage of the right of priority when receiving land intended for subsidiary farming, for gardening, for planting a vegetable garden, for construction, a preferential category of citizens, which includes large families, must submit a written application to the local government authority at the place of residence. Only in this option can you get a plot without taking part in the auction. However, each applicant should know that he will personally pay for boundary work and registration of the cadastral plan.
An interested citizen contacts the authorities that are authorized to deal with the disposal of lands. Here the applicant submits an application, which must necessarily contain the purpose of using the site, its location, and the desired area. In addition, the application must indicate the right to the requested plot.
The authorities responsible for putting this issue into practice are required to review the submitted application and the documents attached to it within two weeks, the data of which must comply with the parameters established by law. If approval is accepted, the applicant is notified as soon as possible by sending a copy of the government’s decision to allocate land for the requested purposes along with the cadastral plan to his home address.
Adopted by the Russian government Federal law No. 138 secures the right to freely provide plots of land to citizens with many children.
This category of the population includes complete families raising natural and adopted children in the amount of three or more children whose age has not reached the age of majority (except for cases specified by law). This also includes single citizens with many children, both mothers and fathers. Further, the law includes in the preferential group of the population also guardians who are also raising three or more children.
Statistics show that the average area of free plots in the country is about 6-7 acres, and the maximum is 15. It should be noted that a large percentage of plots are located outside the city.
Some regions of the country that are unable to provide preferential benefits to the population, including large families, maximum size the plot of land required by law, they compensate for this by issuing one-time subsidies, the amount of which is determined by a decision of the regional Duma. For example, in the Volgograd region, this social assistance is issued in the amount of 200 thousand rubles.
Which family can apply for a free plot of land?
This social benefit Families with three or more dependent children under age can take advantage;
Family members (parents and children) are citizens of Russia;
The family must reside in the Russian Federation for at least five years;
Parents must have a marriage certificate;
Lack of land ownership;
The family has children whose age ranges from 18-23 years, but the children are in full-time education at an educational institution or are called up for military service in the Russian army.
Basic documents
The main identification document of a citizen is a passport (of both parents);
Document on family composition (issued by the local administration upon extract from the home book);
Marriage registration certificate;
Birth certificates of children;
Certificate from the guardianship authorities (if there are adopted children or those under guardianship).
Certificates of full-time study (provided educational institution) – for children over 18 years old.
Certificate of completion conscript service in the ranks of the Russian army - for children over 18 years of age.
The local government is given 30 calendar days by law to make a decision on granting or refusing an allotment. However, as practice shows, this decision is made much faster. If a positive decision is made, a large family is put on a waiting list and assigned a serial number among the beneficiaries in this area.
The law sets a period of no more than one year for the implementation of the decision. But in practice, resolving the problem of allocating free land depends on the specific situation, that is, what is the population density in the region, the number of large families available, and of these, what percentage claims free plots, how much land corresponding to these purposes is available to the local authorities.
Important: If a family, according to all the parameters specified in the law, corresponds to the category of large families, then it can use its legal right to receive a free plot only once.
User Questions:
- Please tell me, in our family there are three children under 18 years old, i.e. We belong to a large family. We have one child with a childhood disability, we are standing in the general queue to provide free plots to large families. In our situation it is impossible to get a plot
Since 2011, a law has come into force that allows large families to receive state land for development or other purposes. This law was passed to improve housing issues large families. The government considered this law with the aim of improving the demographic situation of the country.
After all, it is clear that most families are afraid to have children due to lack of space in the apartment, or even due to the lack of their own housing. But after the adoption of such a law, each family is entitled to a part of the land in the region in which they live.
Titled “On Promoting the Development of Housing Construction,” it was adopted in 2011. Thus, according to the description of the law, large families can apply for a land plot. These are those families that have three or more minor children. It is indicated that the family can use this plot at their discretion, mainly for building their own house.
The exact location and size of the allocated plot is regulated by local authorities. In order to receive a plot of land, certain conditions must be met:
- Family members are citizens of the country
- The mother and father of a large family must live in a certain region for at least five years
- The entire family must be registered in the region in which they want to receive a plot of land
- None of the family members own any other land or house
As is clear, land is issued only to large families and subject to a number of conditions, so before applying for a plot of land, you need to check whether all conditions are met.
Who is eligible to receive land
In order to apply for a plot for a family, you must provide the following documents:
- Birth certificate for children under 18 summer age(copies)
- Marriage certificate, for full family (copy)
- , confirming the registration of each family member
- Certificate indicating who is part of the family
- A certificate from the guardianship center indicating that the parents have parental rights to their children
- Passport of father and mother (copies, with registration page)
If there are children whom parents have adopted, it is necessary to provide a certificate from the guardianship authorities, which will indicate that they have parental rights in relation to adopted child(copies).
After providing all necessary documents, regional authorities accept them for consideration and make a decision on whether to register the family or to refuse the land plot. This is given no more than a month, but it all depends on the place and region of residence.
A plot of land is given to a family for various purposes. Some people will want to build their own house, others a dacha. You can also use the plot to breed farm animals. This is a personal matter for each family.
It is worth understanding that issuance is a one-time event. That is, a family can once receive a plot of land for development. And they can dispose of it as they wish.
The land can even be sold immediately after receiving it, or abandoned if the location of the site is not suitable.
Where can I get a plot of land for construction?
Due to the fact that the number of people wishing to receive land is increasing every year, in some cities and regions the process of issuing land to large families remains unresolved. Lands are offered far from the city, and most refuse them and become registered again.
The fact is that the law does not describe exactly where land for construction will be allocated. And since there is not enough land in the region itself, it is given out in rural or dacha areas.
Therefore, you should understand that when you receive it, there may be problems with its location, and you should not count on it being given out in the city center for the construction of your own home.
Action plan for obtaining the desired plot of land
And so, after collecting everyone necessary documents, you need to go to city offices and apply for land for a large family. After this, a response with a positive or negative decision must come within 30 days.
If an applicant for land has been registered, this means that he is given a number under which he, in turn, will receive a plot of land. By law, the period for obtaining land is equal to a year, but in practice this process may take longer.
Obtaining it depends on where the family wants to get this plot. The more residents and applicants for land there are, the more time expectations.
After the land is allocated to the family, it is necessary to sign some documents indicating the owner of this very plot, and construction can begin.
As you can understand, the process of obtaining free land is not easy, so it can take a lot of time. You should not expect to receive land quickly, because local authorities cannot independently cope with so many families who want to get a plot of land.
List of reasons for refusal to receive land
The reasons for denying a family a plot of land may vary. But the most important ones are:
- Inaccurate data, that is, fake certificates, or deception in the number of minor children
- Fake citizenship of at least one family member
In this case, you can not only receive a refusal to issue land, but also pay a fine for false data that was submitted to the authorities.
So you can understand that to get a plot you only need to provide truthful information about the family and its members, and then the chance of getting the desired land will be high.
As stated in the law, the program for improving housing conditions will be valid until the end of 2016, so if you need to apply, you need to hurry. During the distribution of land to large families, there were many dissatisfied parents who were unable to receive land due to its lack. And there were also those who were not given land in their desired city or place.
But it is worth saying that there were many who received their share of the land.
Therefore, we can conclude that it is still possible to try to get land. But you can find out more about how exactly and where exactly, what documents are needed, in the description of the law and the rules of a particular region.
Medvedev comments on the law in the video:
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