One of the most socially vulnerable segments of the population are large families. The state is trying to provide this category of people with social guarantees, but not everyone uses such guarantees, because they simply do not know what needs to be done and what documents are required. land plot large families need to submit. Obtaining land for large families is not difficult, but it requires attention and patience.
What is a large family? Photo No. 1
Family status can only be obtained by married couple where there are three or more children. There are two ways to achieve this status:
- having given birth to three or more children (naturally);
- through the adoption of children. This item also includes the registration of guardianship of children, since the child becomes a full member of the family.
The presence of three or more children in a family does not mean that family is immediately recognized as a category. The legislator requires that all children in the family implement general education programs. Speaking in simple language– studied and could then officially find a job in government institutions and help the development of the state with their acquired knowledge.
Before receiving land benefits, a large family must obtain the status of “large family” from the social protection authority. Only after this can the family count on state help and participate in all government programs.
To obtain the status you must:
- contact the social protection authority with a corresponding application for assignment of status;
- provide the original and a copy of the parents’ passports;
- provide original and copies of passports and birth certificates of all existing children;
- certificate from the educational institution;
- certificate of family composition. Separately for each family member, since it is necessary to confirm their connection to the same thing;
- certificate from social service about the absence of the status of a parent with many children;
- photo 3*4.
It is worth understanding that Russia is a Federal State. Each region can independently determine the amount and level of social assistance for large families. That is why, when moving, benefits may not be preserved or may change.
A few words about the law
Legislation on allocation land plots under individual housing construction for large families. Photo No. 2
As mentioned above, each region itself determines social guarantees, based on the national regulatory framework. It is based on the Decree of the President of the Russian Federation of 1992 “On measures to social support large families." Based on its provisions, amendments were made to the Family Code, Civil Code, as well as to laws on the creation of state assistance to socially vulnerable categories of citizens.
Previously, the free issuance of land plots to families with at least three children was regulated by Federal Law No. 138 of 2011, which amended the law “On Promotion of Housing Construction”, as well as the Land Code, which stipulated the conditions for the free receipt of land plots large family.
Since there are more people willing, and the land area is catastrophically shrinking, it was decided to tighten and selectively determine large families who can receive a plot of land.
In other cases, finances are reserved to ensure the social assistance program for the family circle, which replaces the issuance of free plots. You cannot spend the allocated funds on yourself, just like maternity capital.
Conditions under which land is provided
What conditions must be met to allocate a plot of land to a large family? Photo No. 3
Provision of a land plot is possible only after obtaining the status of “large family”. To achieve this, the legislator puts forward a number of requirements:
- all members of such a family must be Russian Federation;
- the period of residence in the country cannot be less than five years;
- the family must have three or more children under 23 years of age, who must be studying either in preschool institutions, or at universities in the country (mandatory condition);
- the marriage between parents must be official and long-lasting (a specific minimum is not specified);
- the presence of all family members at the same address;
- the absence of any other family property.
As you can see, the conditions are transparent, pragmatic, but not possible for everyone. The legislator proceeds from the fact that any citizen must benefit the state, which is why the obligation to study at a university is prescribed. However, some do not have this luxury, as eldest sons and daughters often have to go to work early to help the family get by.
Let's move on to the preparatory process of obtaining land
The procedure for acquiring a plot of land for a large family. Photo No. 4
There is not enough land for everyone, and therefore there is a queue. As in all regions, it is electronic and the tricks with it are quite complex. In the district municipality, after confirming the status of a “large family,” the appropriate application is submitted. After this, the family is registered and at the same time in line to receive land for large families. A prerequisite is the intended purpose of the land for housing construction.
Gardening is not a basis for issuing a land plot. Documents are checked within one month, after which, in writing, the applicant receives either a positive response or a refusal. When providing documents, you should be honest and attentive. At best, there will be a refusal; at worst, there may be criminal liability.
Main reasons for failures:
- concealment or unreliability of information about family and income;
- change of registration, place of residence or region by at least one of the family members;
- late submission of documents or violation of the regulations for submitting documents;
- changes to the list during the inspection.
How long to wait for land?
Based on the law, land is required to be provided within one year from the date of approval of the application. In fact, you will have to wait longer, since the priorities for the allocation of public land for social needs are constantly changing and the area of land plots is also changing accordingly. The areas of land proposed for issuance are included in the annual acceptance Federal Law"About the budget."
Some nuances when obtaining a land plot for large families
The nuances of obtaining land for a large family. Photo No. 5
There are a number of tricks, both from the state and for large families when obtaining a plot of land.
It is best to start collecting documents at the stage of the appearance of the third, or fourth child. In addition, the received land can not only be registered in, but also sold on the basis of a lease agreement, equity participation in construction, or under a gift agreement.
You should constantly monitor changes in laws, as well as in government and city administration regulations. You should be prepared for the fact that the land plot will be somewhere in a thicket, swampy area or ravine.
This malice is very common on the part of the government, as they try to allocate land that is not profitable for the state to develop. They believe that it is better to allocate it to those who want to master it, in order to give a large family the opportunity to have at least something. An example of this is the program to allocate a hectare of land in the Far East.
Currently, any plot of land is already an advantage, since acquiring a plot of land is becoming increasingly difficult. It is worth consulting with a lawyer before filing documents. A lawyer will be able to “probe” the situation in this area.
You can find out how to get a plot of land for a large family by watching the video:
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11 Apr 2017 22In the Russian Federation since 2011 there is government support large families, which provides for the allocation of land for them to build a residential building. Land plots are allocated to large families in accordance with the law, which was signed by Dmitry Medvedev. These are the units of society raising three or more children.
Only 40% of all applicants, which is more than 300 thousand families, actually took advantage of the right to provide land plots to young families. Many refuse the land that the local administration allocates to them. Why does this happen and what else can large families get instead of land plots? This will be discussed in this article.
Large family. Land plot. Queue
In order for a family with three or more minor children to be able to stand in line to receive a land plot for the construction of a residential building or gardening, as well as farming, it is necessary that all members of this family are citizens of the Russian Federation. Besides, an important condition To provide land plots to large families, one or both parents must live in the area where they plan to receive the plot for at least five years. You are only allowed to participate in the program once. Parents deprived of parental rights cannot receive such land. Families raising stepchildren who have been adopted can also take advantage of this program.
The plot is allocated once and free of charge, without prohibitions and restrictions, even if the family already has a land plot. Each region may have its own nuances, which are determined by regional authorities.
Who is not part of a large family?
The following children are not included in a large family:
- Fully supported by the state.
- Whose parents have been deprived of parental rights.
- Whose parents have restrictions on parental rights.
- In relation to which the adoption procedure has been cancelled.
What is the procedure for allocating plots?
First, the family representative needs to write an application to the local administration, in which it is necessary to clarify the name of the locality where they want to receive a plot, for what needs and its approximate size. Enclosed with the application are copies of passports, birth or adoption certificates of all family members.
After this, the application is registered and within 10 days a decision is made on registering this family for the provision of a land plot. The family representative receives a special notification, which contains all the contact information of the persons responsible for the distribution and issuance of land in the given region.
Next, in the land department of the local administration, according to the number of applications and depending on the availability of free municipal land, plots are formed. The local government is responsible for cadastral registration of these plots, as well as for connecting them to communications and engineering networks (accessible access to the site, electricity, water, gas, etc.).
After this, the family should be informed about the list on the waiting list and have the right to familiarize themselves with the location of the sites. Their issuance is carried out by drawing lots, of which the family representative is notified 14 days before it begins. If a large family likes the plot of land and is completely satisfied with it, then within 8 days an act on the free allocation of land is prepared and handed over to the representative. If a family refuses the allocated plot, it has the right to collect the necessary documents again and get on the waiting list.
Documents for obtaining land plots
Large families, in order for land plots to be provided free of charge, must contact the local state administration and write an application there, to which the following documents must be attached:
- Photocopies of passports of parents and children under 18 years of age, if they already have passports.
- Copies of birth certificates of each child living in the family (natural and adopted, if any). For everyone adopted child You must attach a document that confirms the fact of adoption. In addition, a certificate from the guardianship authorities must be provided stating that the adoption rights of each adopted child have not been revoked.
- A photocopy of the marriage certificate, if the family is complete.
- An extract from the house register or other document confirming that this family lives at the place of registration.
- A certificate stating that the parents have not been deprived of parental rights. She is taken from the guardianship department.
- Certificate of family composition.
How long does it take to make a decision on the provision of land?
After submitting the application and all necessary documents within 30 days, the local administration makes a decision to register the family or to justifiably refuse this procedure. In some regions, the decision is made in a shorter period of time: from 3 to 14 days.
Reasons why a large family refuses plots
It often happens that a plot of land seems to have been allocated to a large family, but the family refuses it, despite the fact that it needs it. Why is this happening? There are several reasons for this:
- Land plots are allocated to large families in such remote places that there is no talk of any infrastructure. There are no roads, there is no public transport, there are no schools, clinics or shops nearby, etc.
- Land plots are allocated in places unsuitable for habitation. This could be a swampy area, the presence of nearby landfills, etc.
- The paperwork procedure is too labor-intensive.
- Although the provision of land plots to large families is carried out free of charge, they have to pay for paperwork. Sometimes this amount is beyond the means of such a family.
- There is no money to build housing on the site.
In fact, it turns out that local authorities allocate land plots for large families and seem to be implementing a program to improve housing conditions, but the real situation remains at the same level as it was.
But already now there are regions that really care about large families. For example, in the Volgograd region there is a social movement called “Many Children”. In this region, large families, after allocating a building plot, receive the service of obtaining a cadastral passport absolutely free of charge. Thus, in the Volgograd region these families feel real support from the state.
Recently, the Russian government has been discussing the issue of providing large families with an apartment instead of a plot of land.
Apartment instead of land
Officials understand that the problem of housing for large families still exists. Less than half of those on the waiting list actually receive land plots for large families. This problem needs to be solved, so the Russian government is actively discussing the issue of allocating such families a municipal apartment instead of land. This bill has not yet entered into force, but it has already been assigned the number: 410040-6. Subject to approval, regional authorities will be responsible for its implementation. But here, too, not everything is as smooth as we would like. The main problems are:
- Local municipalities typically do not have the money to build new council housing, and the funds available in the fund are severely limited.
- If all families without exception who are such have the right to a plot of land for a large family, then the right to provide them with an apartment is left to the regional authorities. They decide what exactly to provide: land for construction or housing.
- The family must be registered for improvement of living conditions and is in dire need of it. Property status is not taken into account. According to the standard in the Russian Federation, the area per family member is 12 square meters. m.
If the apartment is provided to a large family, then it has no right to sell it or donate it. In other words, such an apartment cannot be privatized, but the family has the right to use it indefinitely.
How will the procedure for obtaining an apartment instead of land be carried out?
In order for a family in need of improved living conditions to receive the desired square meters, necessary:
- Collect everything necessary documents to a plot of land for a large family.
- Next, abandon the plot and declare your desire to receive finished housing on social rent.
What assistance can the authorities provide to large families instead of providing land?
At the discretion of local authorities, other types of assistance may be provided:
- Social payments.
- Assistance in obtaining a preferential mortgage loan.
- Allocation of premises bypassing the main queue.
- Supply of building materials for building a house at the expense of the local budget.
The bill is still under consideration, but many experts already doubt its implementation in practice. The fact is that most regions have very limited local budgets, so they may not be able to withstand the load placed on them after this bill comes into force.
Changes made to the Land Code of the Russian Federation in 2011 affected one of the most important principles land use - its payment. Now large families were allowed to provide plots of land for free, ignoring the bidding procedure.
Do they really give land for the 3rd child?
All details about the free receipt of land were given to the subjects of the federation by the Land Code of the Russian Federation. However, they readily responded. Thus, in the Moscow region, the law “On the free provision of land plots to large families” was quickly adopted.
True, it really began to function not so long ago. But today, the work of allocating land plots to large families is under constant control by the authorities. The Ministry of Social Protection diligently monitors how many plots are formed, how many applications for the provision of plots are submitted and how many plots are actually provided. The leaders, apparently, are the areas in which there was a sufficient amount of free land. Moreover, areas where such land does not exist take land “borrowed” from neighbors in order to transfer it to their large families.
The largest amount of land was provided from January 1 until the beginning of July 2014 in Dmitrovsky, Sergiev Posadsky, Mozhaysky, Lukhovitsky, Pavlovo-Posadsky, Klinsky districts, the urban districts of Pushchino and Reutov. In total, the number of families made happy by the land is 908 (out of more than 16 thousand registered).
However, there are also problems: they mainly concern the provision of the provided sites with engineering infrastructure. If electricity and roads are available almost everywhere, then there are quite a lot of corners untouched by civilization in the form of gas networks, water supply and sewerage in the Moscow region.
Who gets free land?
In addition to having three children, the following conditions must be met:
- all three (or at least three of a larger number) of children are minors and live with their parents in the Moscow region;
- none of the family members has ownership, lifelong inheritable possession or perpetual use of a plot of more than 6 acres;
- a large family does not have its own home in the Moscow region;
- family members have not sold or divided their plots of more than 6 acres in size since the entry into force of the law “On the free provision of...”
The procedure for providing free land to large families
Free land can only be given once. The plot must be registered as shared ownership of all family members. Its size can be from 10 to 15 acres (but if the applicant family agrees, they can provide a smaller plot).
A record is kept of all large families wishing to receive a plot. To register, it is enough for one of the parents to submit an application to the local administration, attaching copies of documents confirming the existence of a large family:
- parents' passports,
- marriage certificates of parents and birth certificates of all children,
- extract from the house register and personal account,
- extracts from the Unified State Register, as well as certificates from the cadastral registration authorities and the BTI about the absence of family plots and houses in the Moscow region,
- consent to the processing of personal data.
Local authorities periodically form several vacant land plots - and by their decision transfer them into the ownership of large families, one by one.
If a family leaves the Moscow region (or finds itself outside of it due to changes in regional borders), buys a land plot of more than 6 acres, the parents are deprived of parental rights to at least one child out of three, then the family is immediately removed from the queue for a land plot.
