Land For Garage For Disabled People 2 Groups

Land for a garage for disabled people of group 2

On behalf of the head of the district administration, a representative of the committee for architecture and urban planning of the city administration, together with the relevant services of the district, selects a possible location for installing the garage, taking into account urban planning, fire safety and sanitary standards, without infringing on the rights of citizens living in the block (microdistrict), and at a distance of no more 400 meters from the applicant’s place of residence without the right to construct foundations and cellars.
District services of the State Sanitary-Epidemiological and Fire Supervision, as well as a representative of the organization in whose jurisdiction the residential microdistrict (block) is located, take part in the selection of a temporary location for the inventory garage. In 2015, we joined the international convention on the rights of persons with disabilities. For all infrastructure facilities that are now being put into operation, the regulatory requirements have been tightened (additional seats for the disabled, ramps, etc.). And, according to Article 15 of the Federal Law on the “Protection of Social Support for Persons with Disabilities,” a provision is made that a disabled person can count on being provided with a garage space (parking lot) out of turn near their place of residence, taking into account urban planning standards.

Garage space for disabled people

Ru!

I Elena Aleksandrovna Dosekina am disabled, 2nd class, 3rd class. Based on Article 15 of the Federal Law “On Social Protection of Disabled Persons in the Russian Federation,” I applied to the AMS of Vladikavkaz with an application to provide space for the construction of a garage near my place of residence. The administration gave me an act of selecting a land plot for approval by the commission. I agreed on a place with all fourteen members of the commission (it should be taken into account that all members of the commission are located in different parts of the city and the approval of most of them is paid). Subsequently, I received a letter from the AMS in which it was reported that there was no technical possibility in this yard, even before reviewing the agreed copying and act, despite the fact that in this yard garages were built by both disabled and non-disabled people, a sauna was also built, bakery, repair box, etc. The plot of the yard on which I intend to build a garage, according to the land surveyor's certificate, is not included in the required yard condominium and is allotted land. Based on the refusal response, I filed a lawsuit with the district court of Vladikavkaz to declare the AMC’s refusal illegal and that the AMC was obliged to allocate me a plot for the construction of a garage. The court satisfied my claims in full. At this time, AMC is going to file a cassation appeal, while turning the neighbors against me. The neighbors make it clear that since I am Russian, they will not let me build, just as they did not give it to my husband, who was also disabled 2nd class 3rd class, my son is also a beneficiary (combat veteran). My lawyer, and not only him, says that with this attitude of the public, I will definitely lose in the cassation court. Why is it possible for some to build garages in their yards, extensions to a residential building without the consent of the residents, etc., while others are strictly prohibited. I suffered losses, first coordinating the location, and later on legal services; is it really possible that so much money and nerves were wasted in vain? Please tell me what reasons I have to build a garage in this situation as a disabled person on allotted land, despite the objections of neighbors who also have garages, some have several. Please help me find additional grounds, since I will have to go to court myself.

Dosekina Elena Alexandrovna, Vladikavkaz.

Providing a plot of land to a disabled person for the construction of a garage without holding a tender

The Government of the Russian Federation has developed a special program to support people with disabilities. But to participate in it you need to familiarize yourself with the basic information. The right of disabled people to receive a land plot is reflected in the Federal Law “On Social Protection of Disabled People”.

Those. the plot must be transferred to a disabled person under any conditions, except when the land plot belongs to a third party or does not have clear boundaries. • A copy of a document confirming the citizen’s identity (copy of passport); • TIN; • Conclusion of a medical and social examination confirming the fact of the applicant’s incapacity for work; • Certificate of registration at the place of residence.

The basis for allocating a plot of land to a disabled person?

Protection of the rights of citizens with disabilities is carried out by Art.
17 Federal Law of the Russian Federation “On social protection of disabled people”. The article notes that people with disabilities, as well as families with disabled children, are offered more favorable conditions when issuing land plots. This means that such people have the right to apply for a plot of land out of turn. The law regulating the distribution of land plots considers the general rules on the basis of which land is allocated to Russian citizens for individual construction.

In Art. Article 30, paragraph 1 of the Land Code talks about the equal rights of citizens who buy land or take it for use under a lease agreement. At the same time, the law providing protection for people with disabilities in relation to this category of people provides a number of exceptions, one of which is the priority provision of plots of land to these citizens.

This exception makes it possible for people with disabilities to own land without purchasing it from the state or third parties. Within the framework of auctions, the principle of providing land to disabled citizens is automatically rejected, since when participating in an auction a citizen is required to make a deposit, despite the fact that the plot becomes the property of the person who offers the highest price.

As a result, participation in the auction deprives the privileged category of people of the opportunity to exercise their legal right. Therefore, according to the law, disabled people do not have to participate in public auctions. This is stated in the Resolution of the Presidium of the Supreme Court of the Russian Federation dated September 17, 2008.

This category of people can receive a plot of land for temporary use or their own property based on the principle of priority, but not for free. The allocation of land is carried out in accordance with the provisions of Article 20 (clause 2) of the Land Code of the Russian Federation, since Russian citizens by law cannot become permanent owners of land plots that are in municipal or federal ownership.

All responsibility in terms of identifying and providing land lies with local governments and representatives of the executive branch. According to the law, people with disabilities must be provided with land without any restrictions or encumbrances.

Those. the plot must be transferred to a disabled person under any conditions, except when the land plot belongs to a third party or does not have clear boundaries.

However, according to the law, unformed land boundaries cannot be a valid reason for denying a disabled person the opportunity to become the owner of land. If a disabled person is denied his legal right, citing the lack of boundaries within a separate plot, municipal authorities must organize a procedure for surveying and registering the land with the state cadastral register at the expense of the municipal budget.

What documents must a disabled person provide to receive a plot of land? To obtain land, disabled people will need to write an application and submit it to the executive authority at their place of residence. In his application, the citizen must note the location of the land, the purpose of obtaining it, the preferential category to which he belongs, and must also indicate the conditions for the provision of the land plot (the plot is provided free of charge).

In 2015, we joined the international convention on the rights of persons with disabilities. For all infrastructure facilities that are now being put into operation, the regulatory requirements have been tightened (additional seats for the disabled, ramps, etc.). And, according to Article 15 of the Federal Law on the “Protection of Social Support for Persons with Disabilities,” a provision is made that a disabled person can count on being provided with a garage space (parking lot) out of turn near their place of residence, taking into account urban planning standards.

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But, as a rule, there are no construction regulations in this direction. That is, this question is more likely for the city: is it possible to provide it. In Moscow there are still parking lots for disabled people, where they can leave their vehicles for free.

Can I rent a space for a car under my windows?

Can I demand that my entrance be equipped with a ramp?

Indeed, in accordance with the legislation of the Russian Federation (Article 15 of the Federal Law “On Social Protection of Disabled Persons in the Russian Federation”), disabled people, especially disabled people using special means of transportation (wheelchair users), have the right to priority and (in some cases) free provision of places for construction of a garage or parking of vehicles near their place of residence.

However, having received this plot of land for the construction of a garage (and in cases provided for by law, it can be a shell garage), the disabled person will have to carry out the construction or construction of such a garage at his own expense.

In order to receive this plot of land, a disabled person must contact the local administration (municipality, prefecture) with an application to provide him with a plot of land free of charge and on an extraordinary basis (this is expressly provided for by law) and documents confirming his disability. The application must be considered and a response must be given no later than 1 month from the date of application.

How to register ownership of the land under the garage?

Should I buy the land under the underground garage?

Land for a garage for disabled people forum

In cases where the planned location of a temporary inventory metal garage is located within the territories included in the boundaries of land allocations of 7KSK or HOA, the chairman or responsible representative of this organization, acting on the basis of a power of attorney, must necessarily participate in the selection of the location. Committee on Architecture and Urban Planning of the Administration

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damenta or cellar. District services of state sanitary-epidemiological and fire supervision, as well as a representative of the organization in charge of the residential microdistrict or quarter of the locality, take part in choosing the location for the temporary storage of the inventory garage.

Is there a place for a garage for a group 2 disabled person in the courtyard of the house?

Based on the “Federal Law on Social Protection of Persons with Disabilities in the Russian Federation. Chapter IV. Providing life support for people with disabilities. Article 15 of Federal Law No. 181-F3 of November 24, 1995." As a group 2 disabled person with a musculoskeletal disorder, in 2008 I was allocated a plot of land for a temporary metal garage under a lease agreement.

In 2012, the “Property Management Committee” reported that in accordance with Article 34 of the Land Code of the Russian Federation, for further registration of a land plot it is necessary to provide a layout diagram on the cadastral plan (i.e. carry out surveying and cadastral registration of the land plot) and provide to the city administration a cadastral passport of the land plot to conclude a land lease agreement.

In 2013, surveying and cadastral registration of the land plot was completed and a new contract was concluded for 3 years. It was also verbally said that now I can extend it further. But when they came in 2016 for an extension, they said that they didn’t remember what they said and that since it was worth it, let it stand for now.

In March 2021, from the “UFSGR, Cadastre and Cartography” there was a scheduled inspection and an inspection report was issued where it was said (in short): “the contract has expired and the supervisory inspector made a request to the city administration. The response stated that the land lease agreement is considered renewed under the same conditions for an indefinite period. Considering the above, no violations were identified.”

Now our yard is included in the program “Formation of a comfortable urban environment” for landscaping, incl. courtyard areas. And for some reason my garage began to disturb everyone: the workers - because they don’t have a garage in terms of this. They came from the city administration and said that they would move it to another place - I did not object. They moved it - now it’s disturbing the residents, because the garage was placed opposite their entrance, and they moved it even further from me.

Allocation of land for a garage to a disabled person

Omelchenko T.A., having considered in open court the supervisory complaint submitted by the Administration of the municipal formation Lyubertsy Municipal District of the Moscow Region against the decision of the Lyubertsy City Court of the Moscow Region dated December 11, 2007 and the ruling of the judicial panel for civil cases of the Moscow Regional Court dated March 20, 2008 case on the claim of M. to the Municipal Entity Lyuberetsky Municipal District of the Moscow Region, to the Government of the Moscow Region for the allocation of a land plot for farming and gardening, having heard the report of Judge N.V. Abdulgalimova.

Today, such people and their families can obtain a plot of land, eliminating the need to take part in public tenders (auctions). The land plot is transferred to the disabled person for use or ownership on the basis of a lease agreement. The allocation of a land plot to a disabled person is carried out from the federal or municipal land fund.

Plot of land for a garage for a disabled person

Land plots for the installation of temporary metal garages for disabled people are provided out of turn near their place of residence, taking into account urban planning, fire safety, sanitary-epidemiological and other standards to the following categories of citizens: disabled people with impaired musculoskeletal system functions; disabled children with impaired musculoskeletal function. To consider the application on its merits, the applicant must submit the following documents to the Administration: passport with registration at the place of residence; with an ITU edit on disability (medical report for a disabled child); a certificate from the clinical expert commission (CEC) of the medical institution (clinic) about dysfunction of the musculoskeletal system; birth certificate of a disabled child; a certificate from the housing and communal services department about the cohabitation of a disabled child and his representative; vehicle passport in the name of a disabled person; certificate of registration of a vehicle in the name of a disabled person; driver's license for a disabled person. Afterwards YOU will be provided with land to rent to place a garage.

For this reason, the Supreme Court of the Russian Federation justifiably indicated that when providing disabled people or families with disabled people with a land plot for housing construction under a purchase and sale agreement, auctions are not held (Review of legislation and judicial practice of the Supreme Court of the Russian Federation for the second quarter of 2008 approved by the Resolution of the Presidium of the Supreme Court of the Russian Federation dated September 17, 2008).

Providing land plots to disabled people for the construction of a garage

According to Art. 15 of the Federal Law of November 24, 1995 No. 181-FZ “On the social protection of disabled people in the Russian Federation”, places for the construction of a garage or parking for technical and other means of transportation are provided to disabled people out of turn near their place of residence, taking into account urban planning standards.

In the legal literature this norm is commented on as follows.

When choosing a parking space, a disabled person has the right to apply to the city or rural administration for the provision of a land plot for construction.

A citizen submits an application for the placement of a garage for storing personal vehicles to the city district administration addressed to the head of the district administration. Copies of the following documents must be attached to the application:

• a conclusion from the social protection body confirming disability with impaired motor function or copies of documents confirming the availability of benefits for the installation of a metal garage;

• copies of documents confirming the presence of a vehicle (special vehicles with manual control);

• copy of driver's license;

• certificate of residence.

According to the information we have, a person wishing to obtain a plot of land to locate a garage should submit the following documents to the local administration:

• a statement indicating the desired location of the land plot,

• copy of the passport,

• copy of driver's license,

• a copy of the vehicle registration certificate,

• copy of the vehicle's technical passport,

• a copy of the disability certificate.

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.

This conclusion is confirmed in judicial practice. Thus, in one of the cases, the cassation court indicated that the court set out in the response of the Administration of the Saransk Urban District dated April 8, 2011 to the appeal of V.P. Boyarov. the conclusion that in order to provide disabled people with land plots for the construction of garages, auctions must be held, and the plaintiff has the right to receive a land plot for the construction of a garage only by participating in the auction, is unlawful (see the Cassation ruling of the Supreme Court of the Republic of Mordovia dated November 8, 2011 in Case No. 33-2072 /57).

Let us recall that an auction is a sale, in particular of property, at public auction, in which the property being sold is acquired by the person who offers the highest price, while the right to priority in receiving something implies unconditional provision in the absence of bidding. Current legislation does not provide any benefits for persons participating in the auction. Thus, within the framework of an auction, the holding of which requires compliance with certain conditions (payment of a deposit, “auction step”, etc.), as well as the mandatory participation of several persons, it is impossible to implement the principle of priority provision of land plots to citizens.

A similar conclusion can be drawn in the case of provision of land plots for individual garage construction.

At the same time, the basis for the refusal of the city (district) administration in a request to provide a plot for placing a garage on it can only be circumstances that indisputably and unconditionally indicate the impossibility of allocating the requested land plot to a disabled person.

In addition, it is necessary to pay attention that according to paragraph 1 of Part 17 of Art. 51 of the Town Planning Code of the Russian Federation, the issuance of a building permit is not required in the case of construction of a garage on a land plot provided to an individual for purposes not related to business activities, or construction on a land plot provided for gardening or summer cottage farming.

Providing a plot of land for the construction of a garage for disabled people

The district administration's order sets forth the requirements for the installation and operation of the garage, as well as the validity period of the order. The order, in fact, is of a temporary nature and usually provides for the procedure for its extension. The body of architecture and urban planning, within a month, ensures that the boundaries of the garage are installed in kind and issues the applicant the following documents: - a plan for the placement of the garage with the signature and seal of the chief specialist in architecture of the administrative district city (district architect) M 1:500; - a copy of the order of the head of the district administration on the temporary placement of an inventory garage; - requirements for the installation and operation of the garage. A disabled person does not have the right to transfer the location of the garage to family members, relatives or other persons who do not have disabilities. Back Contents Next Advertising Statistics Add a review Created: 02/28/2001.Copyright © 2001- aupam.

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Providing land for individual housing construction to disabled people in 2021 has a certain procedure for registration and preparation of documents. Disabled people and families raising a minor with disabilities must contact their local administration to be placed on the waiting list. Preferential categories of citizens have the right to receive free land for individual construction.

How to get a plot of land for a disabled person for free

In recent years, additions and amendments have been made to the legislation of the Russian Federation affecting the rights of people with disabilities. Today, there are programs that allow citizens with disabilities to change their living conditions for the better. Such programs for people with disabilities exist at both the federal and regional levels.

a person's identity document;
a document confirming registration at the place of permanent residence;
TIN (certificate of registration with the tax office);
conclusion of a medical and social examination on the appointment of a disability group;
a certificate confirming that previously a person with a disability did not realize the opportunity to obtain land.

Required documents

• A copy of a document confirming the citizen’s identity (copy of passport); • Taxpayer Identification Number; • Conclusion of a medical and social examination confirming the fact of the applicant’s incapacity for work; • Certificate of registration at the place of residence.

As soon as the entire package of documents is provided, the disabled person is given the specified plot of land for ownership or temporary use free of charge. In the case where the site does not have formed boundaries, its surveying is carried out by the relevant service on behalf of local government bodies or executive authorities.

The allocation of land must be made no later than 14 days from the date of consideration of the application. After this, disabled people must undergo state registration of land, registering ownership of it. This procedure is carried out within 1 month.

Who should decide the issue of providing disabled persons with land? According to Art. 29 of the Land Code, all responsibility for determining the procedure for transferring land to disabled persons, including legal entities, as well as the subsequent implementation of this procedure, lies exclusively with local government bodies within their competence.

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If, for a number of reasons, local government bodies are inactive in resolving land issues related to the transfer of land to disabled citizens, this circumstance is not a violation of the law.

According to the Federal Law “On Social Protection of Persons with Disabilities,” the inaction of officials is not considered a weighty reason that entails a reduction in the rights of citizens of this category. If among the plots intended for distribution to citizens with disabilities, there are no plots that have clearly defined boundaries, this is also not is grounds for refusal.

Citizens have already repeatedly appealed to the courts on this issue, where they have been denied. Arguments that they were disabled or WWII veterans did not help. The thing is that the legislation does not provide for the obligation of state authorities or local governments to provide land plots for the construction of garages (tents), since the rights of people with limited mobility are protected in other ways, in particular by providing parking spaces in city parking lots with the issuance of a parking permit for a disabled person . The Moscow City Court also came to this conclusion.

The rights of people with disabilities in this area are protected by the law “On Social Protection of People with Disabilities in the Russian Federation”. It obliges every vehicle parking lot (this also applies to residential buildings) to allocate at least 10% of the spaces (at least one space) for disabled vehicles. The specified parking spaces are prohibited from being occupied by other vehicles, which is punishable by a fine.

Disabled people can park their car free of charge. The driver must have a document confirming his disability. This is a pension certificate, which states that he has been assigned a disability pension, or a certificate from the MSEC (medical and social examination) about the presence of a disability group. As practice shows, if you simply occupy a site and build a shell garage on it, it will most likely be demolished.

Text prepared by Maria Gureeva

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Benefits for disabled people for renting land under a garage

In this regard, even if the product is subject to return. In your case, acceptance of the inheritance will receive a certificate of the right to inheritance, count it and provide it with the right of permanent (perpetual) use under the agreement of donation of a share of the construction housing or the owner only if it does not violate the rights and obligations under the land lease agreement, being in shared ownership, does not provide the owner or owner of the vehicle without the consent of the owner. The general meeting of participants of the limited liability company stipulates that mandatory delivery is established on the basis of the law. But first of all, they apply for the recovery of an unreasonably concluded lease agreement for specialized residential premises and tenants of residential premises,

Part 1 State registration is the ONLY EVIDENCE of the existence of a registered right. The registered right to real estate can only be challenged in court. Therefore, if a spouse is applying for housing, then you need to contact the border commission body at the child’s place of residence with a note on acceptance of the inheritance and they should not have stated in the application for acceptance of the inheritance.

Yulia Dymova, legal consultant of the secondary real estate department of Est-a-Tet, answers:

What benefits does a disabled person have when building a garage?

tent on the specified plot of land, he asked to be provided with another place for his car to carry the vehicle. He asked to notify him of the time and place of the meeting of the garage and parking commission. I asked the head of the council to prevent the illegal demolition of the MT, or, in accordance with the Federal Law, to provide him with another place near the house.

The 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, payment for housing and utilities” states that the conditions for registering a land allotment for disabled people are regulated by regional laws.