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Published: 08/15/2017
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Have you ever wondered whether legal regulations limit the number of plots of land you can own? Moreover, in practice, people do not often encounter owning a large number of plots of land. What's really going on?
- Land ownership standards in the Russian Federation Legal entities
- Citizens of the Russian Federation
- Residents of a foreign country
Allocation of land to disabled people
According to the above laws, disabled people of groups 1, 2 and 3 receive land plots free of charge. The decision to include the applicant in the list of free land recipients or to refuse is made within 30 days after submitting the application. If confirmation of data is necessary, to comply with the law, the department official extends the period for consideration of the application by another 30 days. To this end, the applicant is notified in writing.
Problems of gratuitousness arise in different interpretations by local authorities of the law “On Social Protection of Persons with Disabilities in the Russian Federation,” which specifies the right to receive land outside the general queue, but does not stipulate that the procedure is free of charge. The result of discrepancies is litigation. The decisions of the judiciary are also ambiguous:
How many square meters per person (norm)
- The minimum standard is for living space in dormitories and maneuver funds at the disposal of local authorities.
- The provision norm is the minimum area for living that is generally allowed to be allocated to a citizen with whom a social rent agreement is concluded.
- The accounting norm is the size of the area, based on which the competent authorities determine whether a particular person or an entire family needs to be allocated more spacious accommodation. According to the law, this norm can in no case be less than the provision norm.
- Housing is either a room or a studio apartment.
- Housing is intended for citizens suffering from one of the diseases included in a special list. It includes diseases that make it impossible for the patient to live with anyone else (for example, an open form of tuberculosis, in which there is an extremely high probability of infecting others).
How to get a plot of land for a disabled person for free
- 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.
- the disabled person himself or the family with the disabled person must be recognized as poor;
- apply for a desire to receive a land plot indicating the purpose of its use;
- collect all the necessary documents;
- choose a site by writing an application to the municipality;
- stand in line to receive a plot of land;
- buy the provided plot or become its tenant;
- If you receive a refusal to exercise this right, contact the prosecutor's office or court.
Possible goals and conditions
It is worth considering that it is almost impossible to immediately obtain ownership of a land plot for free - initially it is allocated only on the terms of fixed-term or indefinite use. Moreover, the minimum established period for such use in most cases is 5 years. During this period, the owner can use it at his own discretion , but within the limits of the types of permitted use established for it. The permissible purposes of use for preferential allocation of land are:
- country house construction;
- grazing;
- gardening;
- maintaining a personal subsidiary plot;
- individual housing construction (as part of improving living conditions);
- farming;
- haymaking, etc.
These goals are set for the site depending on which preferential category of citizens the applicant belongs to.
Providing land plots to disabled people
The transferred plot must have clearly established boundaries, however, in accordance with current legislation, if a disabled person of the first, second or third group is interested in it, the lack of land surveying cannot serve as a valid reason for refusal. This means that it is possible to obtain such a territory, but before this, the municipal government is obliged to carry out land surveying and register the land plot with the cadastral register.
- A written application indicating the disability group, the location of the property that the applicant wishes to receive, as well as what he intends to use it for;
- Personal passport of a citizen of the Russian Federation;
- An identification number;
- Documents confirming disability;
- Documents from the place of registration.
Rules for free receipt of land from the state
- Submitting an application to recognize a family in need of improved housing space.
- Registration of the grounds for the use of a particular site.
- Collection of necessary documents in accordance with the established list (depending on which category the citizen belongs to).
- Checking whether there are grounds for queuing (it is advisable to do this at the very beginning).
- Carrying out land surveying and geodetic work.
- Obtaining a plan for a land plot.
- Finally, you need to send an application to the local administration and wait for the result. It usually takes about 30 days to process your request.
- veterans and disabled people whose disability was caused by the Second World War;
- veterans and disabled people who are participants in any military action;
- citizens who lost their ability to work completely or partially due to the accident at the Chernobyl nuclear power plant;
- citizens classified as victims of political repression and subsequently rehabilitated;
- persons caring for 3 or more minor children;
- citizens whose place of residence is recognized as unsafe and unsuitable;
- families in which each person is entitled to less than 10 square meters. m. living space.
Interesting: Adoptive parents, what kind of people are they?
Standard area for 1 person in an apartment: how many square meters required
It’s one thing when a person lives alone or with his significant other; it’s not difficult for them to rent a one-room apartment somewhere on the outskirts. But will the same one-room apartment be enough for a large family whose parents earn no more than those two? Of course not. In such cases, the state tries to help people. And to provide such assistance, you need the concept of a standard area for 1 person in an apartment.
There are certain categories of people who need social assistance. The state is obliged to provide them not just with funds to buy an apartment or a subsidy to pay off part of the mortgage or utility bills, but with full-fledged housing. Citizens eligible for such assistance:
26 Apr 2020 glavurist 194
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Do pensioners pay land tax (land tax benefits)
Payers of this tax are persons who own land plots in inheritable possession for life, as well as those who use them indefinitely. Persons who rent land or use it free of charge (for a certain period), as well as those who have appropriate benefits, may not pay tax.
True, the Tax Code of the Russian Federation has another small “indulgence” for land tax payers: the tax base (the amount from which the established tax rate is taken) can be reduced by 10,000 rubles. And it applies specifically to individuals. Perhaps pensioners are listed here? Let's read who belongs to this category:
How many acres of land are given to disabled people?
With regard to benefits for paying state duty, we note that Ch. 25.3 “State duty” of the Code of benefits for the payment of state duty for disabled people of group III when they apply for legally significant actions defined by this chapter of the Code is not provided.
Based on Art. 387 ch. 31 “Land tax” of the Code, land tax is established by the Code and regulatory legal acts of representative bodies of municipal formations (laws of the federal cities of Moscow and St. Petersburg), is put into effect and ceases to be in effect in accordance with the Code and regulatory legal acts of representative bodies of municipal formations (laws federal cities of Moscow and St. Petersburg) and is obligatory for payment in the territories of these municipalities and the specified constituent entities of the Russian Federation.
How many square meters are allowed per person by law?
Based on the submitted application, the apartment owner may be provided with an area equal to the established norm. Its minimum size is, like the Russian average, 18 m2. Citizens who live in an apartment and are jointly registered or need help from the city authorities to change their living conditions, in accordance with the housing program of the city of Moscow, receive space based on the standards established for one person. The group of applicants must include:
Living space from the Ministry of Defense is received by citizens who have a reason for this, as a rule, these are military personnel. In this case, you get 18 m2 per person. This figure also varies depending on the region. In the process of registering citizens of the military category with the study of all housing and everyday needs, military units in most cases are guided by Part 5 of Art. 50 Housing Code of the Russian Federation. Based on it, the housing standard is regulated by local governments and cannot exceed it.
Providing land plots to disabled people
You hand over all these collected documents in copies to the administration of your city, but I’m afraid they will force you, so we handed them over in our city through the ward of a multifunctional center in the name of our city administration, and they gave us a receipt for the submission of documents, as a rule, officials “lose” but here submitted and a receipt in hand, you can contact the prosecutor’s office if necessary, take with you:
To obtain a plot of land, a disabled person must submit an application
to the local executive authority or local government body. The application must indicate the purpose of obtaining the land, its location, indicate the right of ownership (in this case, it is property), the preferential category of the applicant, and also indicate that the conditions for providing the land will be free.
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Land for large families 2020, On the provision (allocation) of land plots to large families
In June 2011, Dmitry Medvedev signed Law No. 138 Federal Law, according to which large families could receive land plots free of charge for various purposes, including the construction of an individual house. Moreover, the right to receive plots of land extended not only to citizens in a registered marriage, but also to single mothers (fathers) with three or more minor children, including adopted children, stepdaughters, and stepsons. What kind of family is considered to have many children?
It is worth considering that a free land plot can be issued to a large family only once. And the land is provided to the applicant in the territory of the municipality where he lives. Plots allocated to large families can be sold by the owner, or construction can begin on them immediately. If for some reason the applicant is not satisfied with the site, he can refuse it, however, then he will have to re-apply, register again, wait for a decision, and so on.
Optimal plot size for building a house
1. If you just need a dacha or a house for permanent residence (an economical option) , you are not ready to “work hard” on community clean-up days and/or invest money in hiring permanent staff - your size is from 10 to 25 hundredths of a hectare (“acre”). If you are looking at plots of less than 10 acres, carefully read the article again and imagine how it will all look when you and all your neighbors move in and live: with dogs, cats, small children, etc. If you are satisfied, you can take it, but personally I would look for a larger plot.
Which plot of land is best suited for building a house? At first glance, it seems: the larger the plot, the more opportunities there are for the implementation of the developer’s plans. But not everything is so simple. In fact, you need to understand that a large plot of land must not only be purchased, but also developed, and also constantly maintained in proper condition. A large lawn with a neatly trimmed lawn in front of the house looks extremely tempting, but you probably can’t even imagine how much time such a lawn takes from its owners.
How to get land from the state for free and is it possible?
people who need housing and are registered with local authorities. Such citizens can apply for free land if they have lived in the region where the free land is located for five years or more;
- people under the age of 35 with secondary specialized or higher education who work in a specialty related to agricultural production, culture, education, and healthcare. First of all, preference is given to people working in rural areas;
- people who have lived and worked in rural areas for at least five years have a residence permit in that area;
- people of retirement age who have lived in the village for at least five years and have a residence permit in the area;
- people who were repressed through political views and motives, and then rehabilitated;
- people awarded orders, heroes of Glory and Labor, veterans;
- families that support a disabled war veteran or WWII participant;
- families in which the breadwinner or a family member who participated in hostilities died;
- people who undergo contract military service.
- you need to find an uncultivated plot, without a cadastral passport and not developed.
- You can find out whether a cadastral passport for the land has been issued or whether it is in someone’s ownership in the state register. For more accurate information, you can contact the land surveyor. He can provide accurate information about a piece of land, whether it is in the possession of a private person or the state. If the state owns the land, it must issue a certificate to this effect;
- Next, you will need to find out in which area the selected site is located. This is necessary in order to know where to apply for land registration.
- Having found out all the necessary information, you need to write an application to the relevant authorities with a request to register the selected plot of land, not forgetting to indicate why it is needed;
- in turn, local authorities will require a geodesy of the land and a cadastral passport.
24 Jul 2020 yslygiur 1944
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How many square meters are allowed per person - living space standards
Hello Marina! Most likely, you will be denied registration as those in need of housing, since, based on the content of Art. 51 of the Housing Code of the Russian Federation, residential premises for social rent are provided to those in need whose total living area is less than the accounting norm. The total area of your living space is more than 70 square meters. m., therefore you do not fall into the category of those in need.
Hello Andrey! In accordance with Law 134-3C of 05/05/2020 “On the procedure for keeping records of citizens as those in need of residential premises and the provision of residential premises under social tenancy agreements in the city of Sevastopol”, the accounting norm of living space per person for registration is 12 sq. m.
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