Providing land plots to large families. Instead of land, large families will be given money

24.12.201727.05.2017

According to the Federal Law, operating within the framework of the state program, the project “On promoting the development of housing construction” was created.

Thanks to the law, families having more than 3 minor children(relatives or adopted ones), can for free get land plot for personal use, with its further transfer into ownership.

The order of land distribution and the size of the area are determined local authority. The distribution depends on the specifics of the region and its requirements. The permission to allocate a plot is influenced by the number of children in a given family and their date of birth. Typically, the amount of allocated land that can be counted on is within ranging from 6 to 15 acres. This again depends on the region of residence.

Some cities, such as St. Petersburg, may issue monetary compensation instead of free lands. The city governor has the right to make a decision based on an application from the social policy commission. This may be due to the lack of free plots in the city land fund.

Program action in 2016-2017

In 2016-2017, the program to provide large families with land in many regions will cease to operate. This is due to lack of land for free distribution. Perhaps in the future the authorities will take measures to improve the situation in densely populated areas of Russia. You can still catch the last train by focusing on regional news.

It should also be taken into account that from March 1, 2015 amendments to the basic law regulating the issuance of free land came into force large families. From now on, local authorities can regulate the circle of people interested. In fact, not every family will be able to apply for a free plot, but only those who belong to categories of people in need.

In addition, the law very ambiguously stipulated that local authorities can provide other assistance large families in need of improved housing conditions. Hence, many media outlets began to actively discuss the question of whether large families could have land instead of give out apartments. This possibility evokes nothing but skepticism.

The fact is that even land plots were able to receive only 40% of applicants. Such a low percentage is associated with the low quality of the land offered (in places remote from infrastructure, for example). In this regard, it is extremely doubtful that regional budgets will be able to bear such a burden as distributing apartments to all large families. It is likely that “other assistance” means preferential interest rates on mortgage loans, and this is the most you can count on.

Conditions for the provision of land

The general conditions, regardless of the region, under which preferential lands are provided to large families, did not change in 2016. Necessary:

availability 3 or more children under 18 years of age;
if there are children under 23 years of age who are not generating income, but university students;
the family must be registered in this region for the period at least 5 years;
between father and mother there must be marriage legally issued;
all family members must be citizens of Russia;
You can get a plot provided you do not have Russian territory another land.

The answer to the question “is it possible to receive land from the state for a third child” is clear. Can. Just keep in mind that a family receives the status of “large” only if all three children in the family are minors. If a child has exceeded this limit and is not a university student, then he is not included in the number of children for determining family status.

According to the law, a father and mother raising children alone can claim the plot. All family members are entitled to an equal share of land ownership. The plot can be used for any purpose: build a residential house, summer cottage, engage in farming.

A refusal to provide a land plot may be issued if:

the parents have a decree on deprivation of parental rights;
if at least one member of the family is fully financially supported by the state;
false information provided;
when changing the citizenship of one of your relatives.

How to get land for a large family

To find out in detail all the requirements for obtaining a plot of land, it is better to read in advance local laws your region, the requirements are very different everywhere.

Before collecting documents for allocating a plot, you must confirm that you meet all the conditions for a large family. What you need to do for this:

Head to social department protection of the population with an application to classify the family as a large family. After this, documents are collected. Consideration of the application and collection of certificates is a free procedure.
After the application has been reviewed, the social security officer reports his decision on the case. If it is positive, parents are given certificate confirming the family as a large one. You can take it to the local administration.

Where to go

To obtain a legal plot, you must first get in line. For this purpose, there is a municipality at the place of registration. An application of a certain form and a package of all collected documents are submitted there. In the application, you must write a request for the allocation of the required site and indicate for what needs it is needed. Documents are submitted that confirm the right to receive land.

After checking the documents provided, the administration employee, if the decision is positive, informs the family case number and registers. After a month, a special commission must decide which of the land fund areas can be allocated. Distribution takes place strictly according to the queue.

During the year the land is legally transferred to the full disposal of a large family.

Important! If a family refuses the allocated land and then decides to receive it again, the registration procedure must be completed again. From application submission to approval.

What documents are needed

When contacting the district administration, the family provides the following documents:

application for placement on a preferential queue;
Make a photocopy of the birth certificate for each child;
copies of the parents’ passport or one if the family is not complete;
certificate of registered marriage of parents;
at the passport office you need to get a certificate stating that everyone, without exception, is registered at the same address;
a certificate is required that no decree on deprivation of parental rights was made;
certificate of large family.

If there are adopted children in the family, attach a document confirming their adoption. Obtain confirmation from the guardianship authorities that the rights to adopt the child have not been revoked.

The procedure for providing land plots to large families

The procedure is described here in the most general form; keep in mind that the nuances depend on the region.

After the application is written and the package of documents is collected, local authorities make a decision on whether they have the right to put this family on the waiting list.

Deadline for making this decision different everywhere and depends on where you live. Some make their decision quite quickly and report in three days. In law the maximum period is no more than 30 days. All documents must undergo legal review.

If the answer is positive, it comes official notice, where it is said that the management has made a decision on the formation of an allotment for the family. This means that the process of allocating land from the public fund for large families has begun.

The reason for refusal to be placed on the queue must be explained. This is possible in the absence of registration of an official marriage between parents, not timely exchange of passports due to age, or when moving to another region.

When registering, a serial number is assigned and according to the law throughout the year families must receive an allocated plot. Unfortunately, not all regions have free state land. Many of them do not comply with this law; the issuance of land is suspended indefinitely.

There is another nuance in this matter. Before receiving a plot, the family has to pay for a topographical survey of the area to obtain a diagram of their land. Then everything is approved by the architecture department. This procedure lasts up to 2 months. After approval, land surveying work is carried out.

In law all expenses are made at the expense of a large family. With the finished results, you can go to the Cadastral Chamber and register the plot of land. A cadastral passport is issued and registered with Rosreestr.

Registration of land ownership

The law provides Several options for receiving a plot of property free of charge.

There is no single order on the territory of Russia.

For information, you should consult a land law specialist. Registration of land ownership depends on terms of the contract by which it was received. It is necessary to seek clarification from Rosreestr, where the application is written and copies of all documents are attached.

Do not forget that in the contract when receiving land there is a mandatory condition - the construction of a house. If this is not done, otherwise the plot may be taken away by the court. If the property is built, you can obtain a certificate of ownership for it. As soon as the documents for the house are drawn up, on this basis the land itself is transferred into ownership.

Important! In Moscow and St. Petersburg it is not allowed to register land ownership.

Is it possible to sell land to large families?

When allocating plots to large families, the state does not have the right to sell them for money. But the families who received the plot can sell it. Although it is influenced by the terms of the contract under which it was received. There are several types of conditions under which land is given:

on the basis of a lease agreement - in this case, it is allowed to build a house, register it as property, and then land;
under a gift agreement - everyone immediately becomes the owner, but the condition will be the mandatory construction of a house;
Shared ownership – land is registered for all family members, including children.

Important! The sale of land is possible only after registration of its ownership.

In order to avoid difficulties when preparing documents for the sale of a plot, you must first consult with a representative of the administration.

Land owned by the state: actual video

Another one started in 2015 government program— to provide plots of land in the Far East. What does anyone who wants to receive free land from the state need to know about this program in 2016?

A large family is not uncommon in modern Russia. According to statistics, in 2017 there were almost a million such families, with 111,864 of them living in Moscow. Many of these families are found in not the most better conditions. Some have “seven on benches” huddled in a tiny square, others don’t have their own home at all. In this regard, the state passed laws long ago; thanks to them, many large families can count on receiving government benefits.

Thus, families with three or more children can apply for land to build a house. Also, large families can receive an apartment from the state instead of land. The mentioned issues are regulated by Art. 39.5 clause 6 of the Land Code of the Russian Federation, articles 49 and 51 of the Housing Code of the Russian Federation, Federal Law of the Russian Federation dated June 14, 2011 No. 138-FZ. Which families and how will they be able to apply for an apartment or plot of land in 2017?

In 2017, large families may be given apartments instead of land

For many families, the pressing question is what benefits they are entitled to. The state has long been supporting families with three or more children. Initially, such families were given plots of land for construction, which over time became their property. But since in many settlements, especially in Moscow, government authorities cannot find vacant plots of land, a law was passed that such families could be provided with apartments instead of land.

Thus, in 2017, such families had the opportunity to choose. Of course, in this matter not everything is as simple as it seems at first glance. The fact is that not every family can be provided with such opportunities. There is nothing surprising in this - there is probably no one who would need such free benefits. Therefore, the state will issue apartments exclusively to families in need, which still needs to be proven. In 2017, families can take part in the program for obtaining an apartment in exchange for a plot if:

they do not have their own living space;
live in a house recognized as unsafe;
the family is poor;
live in a certain region for enough time (the issue of preferences is decided by the regional leadership or municipality);
are citizens of Russia

In Moscow, as in other settlements, all issues of providing an apartment instead of a land plot are dealt with by local administrative authorities. To participate in the state program in 2017, there is important condition: over the next five years, a large family should not worsen its living conditions. This includes the following points:

you cannot sell your home;
you cannot register additional people in your housing;
they cannot sell the land they own.

If at least one of these three conditions is violated within a five-year period, then such a large family will not be given an apartment. It is worth noting that if housing is located on an area that does not meet sanitary standards, then no restrictions are imposed and the right to preferential land that they are entitled to is retained. If the family was previously on a waiting list for housing, then important point will cancel this if it is going to participate in the program of obtaining apartments instead of land. This action may play a role.

In order to obtain living space instead of a land plot, you must contact the executive committee, which is located in local administrative bodies. There you need to write a special statement, in which you should indicate the reason why you want to get an apartment. In addition to the application, you will also need marriage certificates, birth certificates of children, a passport, income certificates of both spouses, as well as documents characterizing the living space where the family lives. The committee will consider the submitted documents for up to 30 days, after which a decision on the housing issue will be issued.

How to get a plot of land

Since the Moscow authorities adopted a law on issuing plots of land to large families, this process has fallen into the millstone of bureaucracy. As a result, many families, although they received land, lived in unsuitable places. This problem was especially relevant in Moscow and large cities. Therefore, the President of Russia adopted amendments to this law, according to which now plots of land can only be issued in regions equipped with infrastructure - roads, water supply, etc.

Thus, in 2017, families will be able to obtain plots more suitable for construction. Free land in 2017 is available to large families that meet several mandatory conditions.

The family has at least three children under 18 years of age.
The family has been registered in their region for at least 5 years.
If there are unemployed children under 23 years of age studying at a university.
The parents are officially married.
All family members are Russian citizens.
There is no other plot of land owned.

Upon receipt of land, this plot will belong to each person from a large family in equal parts. The land that is given under the preferential program under consideration will be used by families for any purpose - for farming, construction (dachas, houses), etc. Families in which:

At least one member of the family is supported entirely by the state.
Parents are deprived of their parental rights.
Someone in the family changed citizenship.
The family provided questionable information.

It is worth noting that administrative authorities can change the conditions for the provision of preferential lands, but in general the main criteria are the same everywhere. Most often, municipalities limit the area of land taking into account the region of residence and the income level of the population. Those who received a land allotment are automatically removed from the housing queue if they were previously in it.

To obtain a plot of land, you should also contact the executive committee. The documents required are the same as for obtaining housing in exchange for land. Within a month, the committee will either make a positive decision or refuse. In case of refusal, you can always go to court. But this applies only to such cases of refusal, the reasons for which are insignificant and not legitimate. If the refusal was in accordance with the law, then you will have to come to terms with it - going to court will not solve anything.

Receiving compensation in exchange for land or apartment

Many large families have probably heard that monetary compensation is possible in exchange for receiving an apartment/land from the state. But the bill as such was not adopted. In 2017, there were no changes in this matter. But still such a possibility exists.

So, if the administrative commission gives a positive answer, then the large family is due an amount of compensation equal to the value of the land that is due to it by law. This is most relevant in Moscow, St. Petersburg and other cities. This is due to the fact that the municipalities of the mentioned territories themselves are willing to accommodate those large families who express a desire to receive money instead of land.

In other regions, obtaining compensation may be difficult or even impossible. The fact is that municipalities decide the issue under consideration based on the capabilities of their budget, which may simply not be enough if everyone wants to get money instead of land. Therefore, if you receive a refusal, you should not make any claims - after all, the state does not have a law on cash payments as part of the program to support large families.

If the state budget has sufficient funds and a positive decision is made by the administrative commission, compensation will be allocated for such families. To receive compensation, you will need the same package of documentation as to obtain a land plot or housing. The only difference will be the application itself, in which you need to indicate that you want to receive preferential land in monetary terms.

Possibilities and grounds for receiving compensation for land plots

The only federal basis for implementing a program to provide plots for large families is Federal law No. 138-FZ “On Promotion of Housing Construction”, adopted by the Government of the Russian Federation on June 14, 2011, its implementation was delegated to regional authorities, who were recommended to provide land plots to families raising three or more minor children.

The legislative source provides the basic regulations that local authorities should be guided by, but does not imply resolutions, in accordance with Article 39.5 of the Land Code of the Russian Federation.

Clause 6 of this article announces the rules according to which the local legislator has the right to provide lands under his jurisdiction free of charge.

But as an owner, he is not obliged to obey such requirements.

The identified reasons have become a position for many regions that allows them to be negligent in implementing the program. Plots were allocated in places inappropriate for permanent residence, far from transport links and in the absence of prospects for utility lines. This indifferent attitude towards the government’s decision has led to ambiguity in the assessment of the program’s implementation:

The program began to be viewed as an ineffective political and economic project.
The state proposed to find a resource to update the effectiveness of assistance to large families.
The President amended Law 138-FZ, stipulating the implementation of the family’s right to receive compensation from March 1, 2015.

On this basis, economic entities in some regions have foreseen the feasibility of replacing the issuance of plots for construction with other auxiliary property rights in terms of improving the well-being of large families.

Step-by-step instructions for receiving compensation for a land plot for large families

Start of the procedure Applications for compensation for land plots for large families depend on whether the applicant is on the waiting list for land plots and for housing at the local administration department. If he is not put on the waiting list, you should start by finding out the situation that has developed in the region of his residence. Most administrative legislative provisions do not provide for the purchase of compensation instead of a plot for individual housing construction if the family is not on the waiting list for municipal housing.

If a family has been waiting in line for several years, but has not gotten on the waiting list, one of the spouses can:

. After being placed on the queue, request housing instead of allotment.
Immediately approach an authorized person and submit an application addressed to the head of the executive committee to receive housing instead of a land plot.

Features of getting an apartment

Application for an apartment instead of a land plot for large families must necessarily contain information that this large family is entitled to a plot of land, instead of which it is applying for housing. Next, we should explain the circumstances of the case in more detail, focusing on those difficulties of the housing plan that the spouses cannot cope with on their own. This is written by hand in free form, so you can create the sample yourself.

All available documents that may influence the decision of the commission board are attached to the application. In addition to birth certificates and passports of all family members, you must submit detailed documentation of:

that the family is in dire need of housing;
that the family is poor.

Any information drawn up in the form of certificates and acts that reflects the difficult financial situation of the family should be attached to the case. This could be disability certificates, pension certificates, certificates from the spouse’s place of work stating that she is on parental leave, etc.

The application is considered by an administrative commission, which will determine the degree of citizens' need for housing. The processing time is approximately one month.
It should be noted that the provision of an apartment is not regulated, but under certain conditions, it can be provided. The main one is the need for housing for compatriots with many children who have been living in the region for a long time (5-10 years).

Need is expressed in the fact that during their residence in the region, the spouses had to stand in line to receive an apartment. If this does not happen, the set of conditions of need should be justified while simultaneously refusing the status of a waiting list.

Naturally, when considering the issue of obtaining an apartment on preferential terms, attention will first of all be paid to the proximity of the applicant to the final stage of the movement in turn. In order for the issue to be resolved more substantively, it is advisable to know the queue number. This action can be carried out:

Using an online resource by looking at the electronic queue on the website or through the MFC. In this case, the advantage is saving time if the mother is attached to a small child.
By contacting the administration in advance to an authorized person and requesting information about the progress of the queue. The advantage of a personal visit is the opportunity to consult on an issue of interest.

If there is not enough evidence that the family is low-income, then you should apply for subsidies or preferential mortgages. This will speed up the resolution of the housing issue on a proportionate basis.

All administrative services to citizens are provided free of charge, up to the signing of a social rental agreement for municipal housing. After its conclusion, you should go to Rosreestr to register the right of use. Here, upon receipt of a certificate for an apartment, you will have to pay a state fee in the amount of 2 thousand rubles.

An apartment can only be provided in a region where the applicant:

Lives with his family for a specified period of time and is registered at his place of residence.
Placed on the waiting list for housing, unless otherwise provided by local law.

The apartment can be registered as a social lease. It is possible that subsidies will be allocated to obtain it or a certificate will be issued in an amount not lower than the cost of the allocated plot.

Features of receiving cash

If for one reason or another you are not provided with housing, or you prefer to wait your turn, it is allowed to request money instead of a land plot for large families. This issue is resolved faster and does not require a long wait.

The representative also visits the head of the executive committee, another person specially authorized to implement the program, or gets in line for the loan via the Internet. If an applicant has joined the electronic queue, he can submit a written notification of receiving compensation in the form of money.

The notification is written in the form of an application addressed to the head of the administration. The main thing in it– indicate the reasons why the family is applying for money. In this case, it is advisable to focus on the property problems that the parents plan to solve in order to receive compensation.

status of a large family;
low-income family status;
living conditions;
cost to be paid.

The assessment of compensation is made on the basis of an examination report carried out by an independent appraiser. It is the approximate market value of the storage unit.

The application is submitted along with the attached documents. Reviewed within the same period, within a month, all registration services are provided at the expense of the administration.

Actions in case of refusal

The commission may make a decision based on a reasoned refusal. First of all, the reasons for refusal will be the legislative grounds of the region. As well as the reasons for refusal to receive a land plot or apartment for large families are:

if the applicant is not on the waiting list for housing;
if it is not registered in this region;
if you lived in it for less than the established period;
if you deliberately worsened your living conditions (sold your existing housing).

These and some other cases allow for a motivated and conscientious refusal on the part of local authorities.

If the rights of a large family are unlawfully violated, its legal representative in the person of one or both spouses can apply to district court at your place of residence.

TO statement of claim enclose the documentation that was provided for administrative review. And also:

an extract from the commission’s decision with a reasoned refusal;
receipt of payment of the duty (300 rubles).

Based on a court decision, the claim may be recognized in whole or in part, or rejected. If the claim is rejected, it is permissible to appeal it in the regional court.

This is where the entire basic procedure for large families receiving an apartment in exchange for a plot of land or receiving money ends. Find more information on the topic “Free provision of land for large families.”

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Lawyers' answers (2)

Novosibirsk

In the capital, legal relations regarding extradition land plots for large families are regulated by the law of the Moscow region dated 06/01/2011 No. 73/2011-OZ.

Who has the right to plots for large families

Members of a large family are considered to be spouses or single parents and their natural or adopted children under the age of 18.

Land for large families. Conditions for the provision of plots in Moscow

Land is transferred to large families subject to a number of mandatory conditions:

Parents, as well as mothers or fathers of large families with whom 3 or more children live, must have registration at their place of residence for a period of at least 5 years. The parents' place of residence must be located within the Moscow region.

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Lawyer, Tambov

Hello, Tatyana!

Regulatory acts of the capital do not provide such support measures for large families as free provision of land. But it exists for the residents Moscow region. Issues of issuing land plots to large families in in this case regulated by the law of the Moscow region dated 06/01/2011 No. 73/2011-OZ.

The named normative act under large family means persons who:

are in a registered marriage;
have 3 or more natural or adopted minor children;
live together with their children.

Not included in the number of members of a large family:

children who are on state support;
children whose parents have been deprived of parental rights;
children whose parents have limited parental rights;
children for whom the adoption procedure has been cancelled.

Land for large families. Conditions for the provision of land plots for the 3rd child in Moscow

Muscovites with many children do not have the right to receive land plots free of charge. In this regard, their “colleagues” from the Moscow region were much more fortunate: land is transferred to large families from the Moscow region subject to a number of mandatory conditions:

A land plot is provided to a large family only if all its members are citizens of the Russian Federation.
Parents, as well as mothers or fathers of large families with whom 3 or more children live, must have registration at their place of residence for a period of at least 5 years. The parents' place of residence must be located within the Moscow region.
Large families can receive land plots if 3 or more children are registered at their place of residence in the Moscow region.
Family members who expect to register a land plot for free should not own other land areas. The legislator also prohibits the allocation of land to those families whose members have land zones in the Moscow region on the right of indefinite use or lifetime ownership.
Families who do not have property in the form of residential space in Moscow have the right to receive land zones.

Exclusive right to leased land for members of large families

Exception from general rule the legislator does for a member of a large family renting land. Thus, a family member can receive a rented plot for free if:

Citizen status meets all the criteria described in Part 1 of Art. 3 of Law No. 73/2011-OZ.
A citizen owns a land zone based on the right of lease.
The leased land plot is in municipal or state ownership.
The area of the leased plot does not exceed the maximum size of land that can be given to citizens as property.

Standards for the provision of land plots to large families in Moscow and the Moscow region

Land plots for large families living in the Moscow region are provided within the established standards.

Maximum and minimum limits are regulated by the regional legislation of the constituent entities. In the Moscow region, families with 3 or more children can receive plots of state property maximum size up to 0.15 ha.

Maximum land sizes from municipal property depend on the regulations of the relevant government bodies at the local level.

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Deputies of the Moscow Regional Duma are trying to solve a difficult problem. As you know, large families are entitled to a plot of land by law. But increasingly, such families are asking for monetary compensation instead of land. Not long ago, two large families again approached the Commissioner for Human Rights in the Moscow Region with such a question. One lives in Pushkino, the second in Dzerzhinsky. But they are concerned about a common problem.

Let's say, hand on heart, not every large family needs this land. Someone understands that they will never be able to build a house and take a plot only for subsequent sale. By offering money right away, the state would save such people from running around with realtors, and some would be happy to build, but their family is offered plots either on the other side of the region, or in the form of swamps without a hint of communications. Municipalities that sell goods to large families that are obviously inconvenient or unsuitable for use are also understandable. Where does the land come from, for example, in Korolev, where the entire region was once looking for a place for a kindergarten - and was not found?! It is not only the near Moscow region that suffers from a chronic lack of free territory. In remote Protvino, for example, 120 large families have been waiting for plots for several years...

By the way, not only in the Moscow region are familiar with this problem. "In St. Petersburg, Nenets and Yamalo-Nenets autonomous okrugs laws have been adopted allowing for the replacement of the issuance of land plots monetary compensation. In the Khanty-Mansiysk Okrug, instead of a plot, a payment may be provided that can be spent on purchasing housing. In another 17 regions, the law stipulates the possibility of allocating plots to families with many children in neighboring regions,” Andrei Golubev, chairman of the Moscow Regional Duma Committee on Health, Labor and Social Policy, told RG. If similar laws were in force in the Moscow region, families from Protvino could receive plots in the neighboring Kaluga region - and they would be closer and better than the options that are offered to them now.

In 4 regions of the country, people with many children are already being given money instead of plots of land.

And there is such a bill in the regional parliament. But according to Golubev, work on it will take another year - that’s how much time is required to resolve existing controversial issues with experts and social activists. And there are many of them - take, for example, the question of the amount of future compensation in different municipalities. “Of course, the amount of payments should be adequate to the cadastral value of the land. But it is different in the Moscow region, and if you focus only on the cadastre, a family, for example, from Khimki will receive one amount, and from Lotoshino - another. But, by and large, these families They are no different from each other. Therefore, our task is to develop a fair mechanism for monetizing this measure of support for large families,” says the deputy.

Parliamentarians and representatives of public organizations were asked to work on the law, believing that citizens should have a worthy alternative. According to Andrei Golubev, the law may be adopted in 2018. By the way, it also provides for the right to provide plots in neighboring regions, and the opportunity to remove from queues those who have refused the proposed options three times. Now families can refuse land they are not happy with countless times.

By the way

Starting this year, large families in the Moscow region can receive payments for school uniform in the amount of 3 thousand rubles without providing receipts. Previously, the cost of uniforms for children from such families was reimbursed based on the fact of the purchase already made.