How to Get a Land Plot for a Group 2 Disabled Person

Is a plot of land available for disabled children?

According to Federal Law No. 181-FZ of November 24, 1995, plots of land are distributed first of all (Article 17[1] of the law):

• disabled people;
• families with disabled people - those who are raising children with a diagnosis and conclusion made by a medical and social examination are rightfully considered to be them.

The rules for provision are developed and approved by regional authorities. They cannot worsen the situation of individuals in comparison with the opportunities provided by federal laws.

Therefore, children with disabilities have every right to receive a land allotment from the state. But a plot is provided once in a lifetime. Local authorities are obliged to allocate land first to citizens with priority priority (those with established disabilities), and after them to everyone else.

You can register to receive it using the government services portal. He submits the request to the electronic queue and posts a response to the service provided.

Application for a land plot for a disabled person

If a disabled person did not have time to complete the documents on time, then he must contact the Land Committee where he submitted the application, and they will advise him on options for solving this problem. In the worst case scenario, the application for the allotment will have to be submitted again.

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The priority provision of housing plots is in the nature of a social protection measure for citizens of this category, expressed by the state. Moreover, the provision is directly dependent on the applicant’s need to improve his/her living conditions. There is no consistency in the question. Those in need are not registered solely because of disability. If you were registered, but subsequently your disability was lifted, then the need for social protection is lost, which does not deprive you of the right to improve your housing conditions in the order of general priority, including at the expense of the allotment provided for housing construction.

Who has the right to apply for the provision

On behalf of a minor, the following may submit an application:

• parents;
• legal guardians;
• adoptive parents.

If the child is already 14 years old, you can deal with the issue of issuing him a plot of land independently. But the adults in whose care he is will need notarized consent to complete the transaction.

Until the minor comes of age or is emancipated, official representatives are responsible for actions to dispose of his real estate.

How to get a plot of land for a disabled person of group 3

Neither the first nor the second reason for refusing to provide a plot to a disabled person is legal. Having received a written resolution from the local government, you need to draw up a complaint and, with a full package of papers, go to defend your rights in court.

Federal legislation contains requirements for allotments provided to disabled people. A plot cannot be transferred for use if it is not formed, land surveying has not been carried out, is not registered with the cadastral chamber or is occupied, i.e. is listed as the property of someone else (other than the municipality and federal authorities).

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Reasons for contacting

A land plot can be provided based on the following reasons:

1. The family needs to improve their living conditions; the size of existing housing per person does not correspond to the regional norm.
2. The residential premises are not equipped with devices that provide normal living conditions (for example, there are no special ramps or an elevator).
3. There are medical reports indicating the need to change housing for health reasons.
4. Other reasons that interfere with normal upbringing and living.

If a family does not have the opportunity to independently provide themselves with improved living quarters, the issue can be resolved positively.

A disabled person of group 2 was refused a plot of land, what to do next?

1. The land must be free from the demands of unauthorized persons, i.e.
2. The plot must have a cadastral number, cadastral value and be registered with the state;
3. The site must be physically allocated and have its own clear boundaries;

• The federal law stipulates the right to priority receipt of land for people with disabilities, but nowhere does it stipulate that this procedure is free of charge.
• The value of a plot of land should be determined by local governments, not the federal government.
• Local authorities solve this issue in different ways - some provide land for free, some demand money for the plot, some sell land at a discount.
• However, there is a subtlety here too. The fact is that after the price is announced, you can go to federal court and challenge the price. Practice shows that the courts quite often take the side of the disabled person.

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Rules of business

The local administration is obliged to find land for disabled children and prepare it for transfer into the ownership of citizens free of charge. The allocation must take into account the norms set out in Art. 39.14 of the Land Code[2].

Regional authorities have the right to determine the size of plots, taking into account the minimum established standards. Before re-registration, the following actions are performed:

• land surveying is carried out - determining the boundaries of the land plot;
• The plot is assigned a cadastral number, and the data is entered into the state register.

The issue is considered after submitting an application for provision. The decision is made within 15-30 days. If there is a valid reason, the period may be extended to 45 days.

How can a disabled person get a plot of land for free?

• A citizen with a disability prepares the necessary documents and writes an application for receiving a plot of land;
• The application is delivered to the land committee of the local executive power by the applicant himself, the legal representative of the applicant or a social service worker;
• The Land Committee accepts the application and creates a commission to verify the applicant’s data and the documents provided;
• The application is reviewed and data verified (up to 30 days);
• The commission makes a decision on granting a plot of land for ownership, lease, or refuses to provide such a plot.
• In case of refusal, the applicant must request the commission to indicate the reasons for the refusal in writing for possible elimination of such reasons and resubmission of the application;
• If a plot of land is granted ownership, the applicant or his representative is issued a document confirming the existence of the right to the plot of land, according to which a certificate of ownership will be obtained from the Rosreestr body;
• If the applicant indicated the purpose of receiving the allotment is to build a house, then first the plot of land is given for free rent, and the applicant must begin construction within three years from the date of signing the lease agreement.

Often, executive authorities refer to the lack of allocated land plots within the municipality and invite the applicant to find a free plot himself and carry out land surveying and marking of boundaries, but in relation to persons with disabilities this practice is illegal, all work on finding a plot, marking and marking boundaries is subject to the provision of land plots to disabled people should be carried out at the expense of local authorities and by authorized budgetary organizations (BTI).

Selection order

The basic procedure is as follows:

1. The applicant independently draws up a plan of the selected area.
2. A statement is being written.
3. All documents are submitted to the committee for verification.
4. Permission awaited; Cadastral work is underway; precise boundaries are established.
5. It is checked whether there are any encumbrances on the selected object.
6. A decision is made on allocation or refusal.

After the issuance of a permit, the plot is registered in the name of the child (or family).

If land is leased for individual housing construction, then the construction of the house must begin earlier than 3 years, otherwise the site may be seized. And the person will forever lose the right to receive a new one.

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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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What documents will be required

The following documents are submitted along with the application:

• certificate of assignment of disability, issued based on the conclusion of the ITU;
• the applicant’s identity card – passport and grounds for representation for the child;
• documents of a disabled child - birth certificate, passport, if he is over 14 years old;
• certificate of family composition;
• documents of family members;
• certificates of income and from the Unified State Register of Real Estate on the absence of real estate;
• Child's Taxpayer Identification Number.

The committee specialists have an exact list.

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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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Refusal to provide land

The site may not be provided if:

1. By decision of the ITU, the disabled status was removed.
2. The right to receive has been used previously.
3. The family does not need to improve their living conditions.
4. Previously, violations were identified during the use of the site.

The received refusal can be appealed by contacting a judicial authority.

Obtaining land will not take much time if the local administration has ready-made plots at its disposal. And the status of a disabled child allows you to be among the first to be included in the queue.

Law on provision of land plots to disabled people

In connection with the increasing frequency of requests from citizens with disabilities to provide ownership of land plots free of charge or on preferential terms, the Ministry of Land and Property Relations of the Republic of Tatarstan reports the following.

Land is provided to a citizen with a disability without a waiting list. You won't have to wait for a long time. If the boundaries of the plot are not formalized, the executive authorities must carry out all procedures to register the plot of land for cadastral registration. Ownership rights are formalized in accordance with the issued decree.

A disabled person of group 2 was refused a plot of land, what to do next?

Believe me, they are not only being bullied; sometimes even those who are called upon to protect our children and us from the arbitrariness of officials are being bullied ((((((If it weren’t for the children, I would have given up long ago or given up on them. And when you come home, the little ones with threshold "Mom, when are we going to build? Have we been given a plot? Will we each have our own room?" and they look into your eyes. So you have to get up, grit your teeth and do it all over again. Enduring all the insults and humiliations (((((( (in order for us to be noticed, we apparently need to organize a protest in our cities, go out to the main streets and block the roads, with disabled children in our arms. Then something will move forward. In Belarus, family and children come first.

AMENDMENT IF YOU WANT to own a plot of land for free, YOU will lose the case in court, there is a conflict between the Land Code of the Russian Federation and the law on persons with disabilities, the most sure way is to rent for individual housing construction and, after the construction of a residential building, buy out the land plot (the purchase price for individual housing construction is not high), THIS IS IMPORTANT.