Land for construction for young families: conditions for obtaining and grounds for refusal

Who can claim free land

Federal Law No. 138-FZ of June 16, 2011, providing land plots to young families, was adopted in 2011. And by 2020, social programs in the regions were developed on its basis.

Despite the difficulties associated with collecting documents and long waits, thousands of applicants have already received good land plots for free.

The issuance of land to a young family from the state is formalized by local authorities. The requirements for applicants vary by region, since each constituent entity of the country develops its own program. In some regions, land plots are allocated to all young families, in some regions only to large families, etc. Young families applying for a free plot of land must meet the following requirements:

at the time of allocation of the land plot, the age of both spouses is no more than 35 years;
all family members are citizens of the Russian Federation;
marriage - officially registered;
The spouses do not own a plot of land suitable for construction or good housing.

A single father or mother with children also has the right to receive land.
For large families, there is an additional requirement - the presence of three or more children, and their age does not matter.

When obtaining a plot of land, it is important to respect the intended purpose of the land. Land that has been abandoned for a long time may be taken back by the state. In fact, local authorities are loyal to this issue and are ready to wait until the new owners have the opportunity to start economic activities.

Children are a priority

How can a young family get a plot of land where not all of the children are their own?

The presence of several children indicates a secure future for a young family. But the Law specifically stipulates which children are considered “ours” when deciding on the distribution of land. In addition to their own, this includes foster children and adopted children - stepsons and stepdaughters.

If parents are deprived of rights to children, or the child is fully supported by the state, they are not counted as family members.

You can lose your right to free land if children are not registered with their parents.

This often happens if a family lives in a rented apartment, and the children are registered with the parents of one of the spouses. To avoid obstacles, you should initially register together, and after the allotted time, receive the status of those in need of increased living space.

Is it possible to sell a plot of land allocated to a large family?

Your spouse can register in the Russian Federation with the specified notary (clause 1 of Article 1119 of the Civil Code of the Russian Federation). For example, if the testator’s apartment was seized by bailiffs, the property belonging to the surviving spouse of the testator was seized (Article 1142 of the Civil Code of the Russian Federation). If any of the sellers were not signed by collectors, then your ex-husband will go to court. When re-concluding an agreement with a daughter on an exchange basis or on the basis of Art. 31 of the Housing Code of the Russian Federation (since the claim does not provide for Article 150 of the Civil Code of the Russian Federation) Remember. Ownership of property Property that belonged to each spouse before marriage, as well as that received by one of the spouses during marriage as a gift, by inheritance or through other gratuitous transactions (the property of each spouse), is his property. In this way, it is possible to register the land as a share for children for 1 2 shares. You can try to divide only from the moment of death of the co-owners - you need to carry out its contents of registration, in which the rights are indicated; the shares cannot belong to the apartment in your own name and cannot be registered. If you are not registered in a municipal apartment, then after privatization you can sell your share in that apartment, and you have the right to a share of the apartment. There is no agreement with you, the apartment was sold. In this case, they are subject to state registration after 6 months from the date of opening of the inheritance. However, it is necessary to file documents to receive income in full in the event of the death of a spouse and is not subject to division. Detailed consultation, drafting documents, conducting a case in court - for a fee T 9152171802 My fate. practice. The site's lawyers do not call you first!

Interesting read: What are the benefits for large families in Kazakhstan?

The guardianship authority refused you on legal grounds, you can go to court, this is your right. If a minor’s share is involved in the sale, it doesn’t matter how the land was obtained, when it was received, whether you need it or not, the child must be given an equal share. Sincerely, Yulia Batkaeva tel

Required documents

Having decided to take advantage of the benefit, you can collect documents. Prepare papers carefully, avoiding blots and erasures.

The package is not that big:

marriage certificate (original and copy);
birth certificates of children and passports of those over 14 years of age;
copies of parents' passports;
certificate of family composition;
a certificate confirming the absence of land suitable for construction or sufficient housing according to standards.

If there are adopted children, you will have to obtain certificates about this from the guardianship authorities.

The collected documents are provided to the MFC or local administration.

Do not try to provide false information, this will cause refusal.

In addition, the package of documents may differ depending on the region of residence and the program developed by local authorities.

How long should I wait

The application is considered within a month, then a decision is made.

In case of a positive decision on issuing a land plot to a young family, the applicants are placed in a queue.

What happens next depends on local conditions: whether the authorities have suitable sites and how many beneficiaries are applying for them.

The law provides for the issuance of an allotment within one year. At this time, you need to follow the news (announcements about the allocation of land are published in the local press), and your position in the queue.

The plot may not be given if:

false information was provided;
applicants decided to move to another region or change citizenship;
the status of the family has changed, as a result of which the benefit has been lost;
the family has previously participated in a similar or the same program;
The authorities do not have suitable land.

The land plots provided under the program usually suit the applicants. But how can a young family get land for free if they don’t like the plot?

You need to collect all the documents again and get in line. The section you don’t like goes to the next person in line.

A long wait may deprive a family of the right to receive a plot

It often happens that applicants wait for a certificate for more than one year and by the time it is received, one of the spouses is already 36 years old. In this case, the benefit may be legally denied. Therefore, documents must be prepared with the expectation of waiting for several years.

Features of local legislation

The main responsibilities for issuing land plots to young families lie with local governments, but abuses or delays may occur. Applicants will be required to be patient and persistent.

Depending on the region, the following may vary:

package of documents;
area of the site provided (by law - no more than 15 acres);
the duration of waiting for a decision and the issuance of land.

How can a young family get a plot of land?

In order for a young family to get in line for a plot of land to build a house, it is enough to write a corresponding application to the MFC “My Documents” (an application form and a sample form will be provided by an MFC employee). In addition, the MFC must provide:

Passports of both spouses;
Birth certificates and copies of children (if available);
Extracts from the house register indicating the address and date of registration for both spouses;
Extracts from the Unified State Register of Real Estate for both spouses, which indicate that the applicants do not own real estate. Such an extract can only be ordered in person at the MFC with presentation of a passport.

Use of the received area

Having received the long-awaited notification about the area and location of the land plot, applicants must give consent or disagreement within five days. If they are satisfied with the plot, the registration of an agreement on the transfer of land ownership begins.

The land is registered as shared ownership of the family in equal shares to all family members. The provided land can be used for building a house, livestock farming or a vegetable garden.

It is better to inform the executive authorities in advance about the purpose of acquiring the land.

Obtaining a plot of land for a young family

Young families can also receive land for private use free of charge upon the birth of their third child. This norm is prescribed in paragraph 2 of Art. 28 of the Land Code of the Russian Federation, as well as in the Law on the free provision of land to large families dated June 15, 2011.

have three or more children under 18 years of age, including adopted children, stepdaughters, and stepsons. Those children who, while living in a family, are fully provided for by the state, are not taken into account, as well as those children in respect of whom their parents are deprived of parental rights.

Is it possible to sell a plot allocated to a large family?

At the same time, the Law on Land Plots indicates that the lands will be transferred to the ownership of their owners, but only after construction on them is completed and the constructed housing is put into operation . Moreover, this can happen before the lease expires. The land automatically becomes the property of the family as soon as they have a certificate of ownership of the built house. Let me remind you that only large families can take advantage of this right.

You can ask a fair question about why the land is not donated, but rented? After all, the president talked on TV about how the state gives land for a third child to large families, and the owners of the land can do what they see fit on it. They say, if they want it, they will sell it, but if they want it, they will build housing on it. But Russian realities do not allow us to compare television phrases taken out of context with the text of the Law. They did the same with the law regarding the provision of housing for veterans. According to the president, housing should have been provided to all veterans without exception. However, the law included a phrase stating that housing is given only to those veterans who “need improved living conditions.” As a result, only those who had less actual living space per person than required in accordance with the standard received housing.

09 Jun 2020 uristland 909

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Land for a young family from the state

For example, under the Federal Target Program “Housing” it is quite possible to receive a subsidy for the purchase of housing, but the rules of this program do not apply to land plots, since the free allocation of plots is the competence of local authorities, and not the Government of the Russian Federation or any of the federal departments.

Interesting read: Responsibility of individual entrepreneurs for cash withdrawals

The main reasons for refusal to issue a land plot to a large family may be cases when it is established that false information has been provided, when one of the family members changes citizenship or the family changes its place of residence outside a certain region. In general, in the regions the law on providing large families with a plot of land is implemented differently, which is provided for by federal legislation.

The essence of the land grant project

The Land Code regulates that certain categories of citizens have the right to receive land plots from the state for use. There is no rental fee for the service. The RF Land Code does not specifically refer to young families, but leaves this to the consideration of regional authorities (Clause 7, Article 39.5 of the RF Land Code).

On its basis, local self-government bodies began to develop social programs in subjects operating in urban and rural areas.

A distinctive feature of the provision of the service is that citizens have to wait for some time. Registration is quick, but to get land, you need to wait your turn. Depending on the region, the wait time varies. If there are many applicants in the subject and few free plots at the disposal of the authorities, the queue moves slowly.