Apartments instead of land plots - 174 tips from lawyers and lawyers

On March 1, 2020, a new provision was introduced into the current version of the Land Code of the Russian Federation, according to which regional authorities may establish the possibility of providing large families in need of improved housing conditions with “measures to provide residential premises ” instead of the previously existing right to receive a free plot of land . first appeared among citizens with three or more children in 2011 in accordance with paragraph 2 of Art. 2 laws of June 14, 2011 No. 138-FZ.

However, for a long time, the format for providing this measure of social support was not clear due to the fact that the relevant requirements and procedure for providing large families with housing in exchange for free land were legally free for the authorities of the constituent entities of the federation to establish independently.

As a result, in practice, since then, the most widespread scheme in the regions has been to issue money for apartments to large families instead of land in the format of a housing certificate to receive a subsidy similar to payments for housing under the “Young Family” program.

Will it be possible for a large family to get a plot of land in 2020?

If the family fully complies with the requirements of the law, then payment may be refused if there are free territories in the region. In other cases, a refusal comes if:

The mother or father has a large area of real estate donated or inherited.
The property includes a plot of land with an area of more than 15 acres.
Applicants deliberately try to worsen their financial situation in order to receive social support.

If a family lives in a separate apartment provided to it under a social tenancy agreement, and its area meets the standards, then the allocation of land or money will be refused.

There are cases when government authorities refused to issue compensation without legal grounds. If parents are confident that their rights have been violated, they can file a claim in court. The claim is accompanied by documents certifying the right to receive funds, as well as an official refusal from the administration. You will also have to pay a state fee.

The beginning of the procedure for applying for compensation for a land plot for large families depends on whether the applicant is on the waiting list for land plots and 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.

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

Get in line online or by going to the administration. 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.

An application for an apartment instead of a land plot for large families must contain information that this large family is entitled to a land plot, 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 period for its consideration 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, 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, when receiving 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 a 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.

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 the 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 is to 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.

The application also indicates a link to documentary grounds confirming:

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.

In 2011, the legislation of the Russian Federation decided that spouses who have three or more children have the right to receive land. The purpose of the received land is specified in Federal Law No. 183, which amends the Land Code of the Russian Federation, and the Federal Law “On interaction in the formation of the construction of housing buildings.” In accordance with them, it is noted that the land is intended for large families:

for running a household or subsidiary plot;
for the construction of a residential building.

In 2020, families with three or more children under the age of 18 or 23 (if they are studying at an educational institution on a full-time basis) have the right to receive land from the state in the city of residence or in a nearby area.

In accordance with the norms provided for by law, large families can be given money instead of land. It is possible to replace a plot of land with a financial payment due to the fact that in some cities it is not possible to provide them to categories of families.

Receiving compensation has some peculiarities, or rather limitations. You can spend the funds received only in several directions:

purchase of premises for further residence;
to carry out repair work on the property, if any;
making a down payment on a home or paying off an existing mortgage.

The decision to provide funds in exchange for land is made at the regional level. These specialists assess the family's living conditions and their financial situation.

The plot of land involves the construction of a house, and in cases where parents cannot afford this due to limited funds, a decision is made to provide compensation.

Compensation for land provided for large families is calculated by assessing factors such as:

number of family members;
the average amount established per meter in the region of residence;
the number of meters allocated to each member.

The number of squares allocated per person is prescribed in the Housing Code of the Russian Federation. Calculations are made in accordance with established standards.

Algorithm for obtaining an apartment instead of a plot

When a large family decides to take part in this preferential program, or perhaps it is already registered in it, but the land plot is not allocated, then it is necessary to contact the local administration for help. As soon as you do this, you will be required to write a statement in which you need to indicate that instead of land you want to get an apartment.

It is important to consider the situation: if you are in line to receive residential real estate, but are not registered at all in the program for receiving land, then in the application you will need to write that you are solving the housing problem and need to get housing.

The application is usually written on the appropriate form; it has a simple, free form; you can familiarize yourself with the ready-made form on our website.

Application for large families to receive an apartment instead of a plot of land

The application will require information such as:

contact details, job responsibilities of the head of the executive committee:
the address where you live and personal information;
the goal you are pursuing, namely, to get an apartment by giving up a plot of land;
your claim must be substantiated.

The application is usually considered within a month, and you can receive not only a positive, but also a negative answer.

In addition to the application, you will need a complete package of documents containing copies and originals:

passports of parents of a large family;
birth certificates of all children;
a document confirming the status of a large family.

Various certificates are also required:

about income received by working family members;
about the composition of the family.

Where can I get an apartment?

If you carefully consider the conditions of the state program, it provides for the receipt of residential real estate exclusively in the region in which the applicant lives. It is important to meet the following criteria:

live with your family for no less than the period established by regulations (more than 5 years);
stand in line to get an apartment;
have Russian citizenship;
currently live in emergency housing;
have a low-income category.

Still have questions?

The right of large families to receive a land plot is stated in Article 16 183-FZ. According to the law, the allocated plot must be suitable for individual housing construction. All necessary communications must be connected to it: electricity, water supply, gas.

Russian citizens raising three or more children have the right to receive such assistance from the state. Moreover, whether the mother and father are biological parents or adoptive parents does not matter. To receive assistance, at least three children must be under 18 years of age. If a child is studying at a university, he is considered a minor under 23 years of age.

Regional authorities have the discretion to determine the location and size of allocated plots. Land can be used by citizens only for building a house or organizing personal subsidiary plots.

Back in 2008, a law was adopted on the possibility of families receiving free plots, and in 2011 it was supplemented with 3 adjusting articles. Each region has its own regulations. For example, for the Moscow region this is Law No. 73/2011-OZ, adopted by the Regional Duma. For St. Petersburg No. 710-136.

According to the adjustments, the allotment has the right to be used to fulfill one’s needs - running a household, building a summer house or a house for permanent residence.

Each region independently sets the size of the allotment. On average, it varies from 6 to 15 acres. According to the conditions, the land must be located within the city where the children live. But there are exceptions - not all cities have enough free land for distribution. Therefore, in its absence, for example, in St. Petersburg or Moscow, city residents are allocated hundreds of acres in the Leningrad and Moscow regions, respectively.

In many regions, the law was supplemented by the opportunity for large families to receive payment for a plot of land. Today in St. Petersburg it has become possible to receive money instead of hundreds. In Khanty-Mansiysk, money can only be used to solve the housing problem - to purchase property on the primary or secondary real estate market.

8 Federal

8 Moscow and region

8 St. Petersburg and region

Attention! Lawyers do not make appointments, do not check the readiness of documents, do not advise on the addresses and operating hours of the MFC, and do not provide technical support on the State Services portal!

Features for different regions

At the regional level, special conditions may be provided regarding compensation of land plots for large families. This is due to different levels of economic development of state entities.

In Moscow, the following conditions are outlined for receiving government support. Each family member is checked for Moscow registration for ten years or more.

It is also important that the living conditions of citizens have not deteriorated over the past five years. This may be due to re-registration into an apartment with a smaller area.

In the capital, there are several programs developed for the following categories of citizens:

city-type subsidy;
purchasing housing at preferential prices;
loan on favorable terms (no down payment, loan term up to 30 years, deferment of the first payment for three years).

In St. Petersburg, the authorities provide social loans to large families. They are possible if citizens register and are on the waiting list for improved housing conditions.

The housing stock from which real estate is allocated is replenished extremely rarely. Therefore, renovation and release of housing are also considered infrequent phenomena.

In Rostov-on-Don the following is provided:

payment of 30% of the cost of housing to large families from the regional budget;
depositing 10% when applying for a mortgage;
subsidization by the municipality for 60 months when purchasing housing on the primary real estate market.

Assistance programs for large families differ significantly. Therefore, it is important to take into account regional characteristics.

Algorithm for monetary compensation: how to get funds for a plot

According to Russian legislation, every large family is entitled to the allocation of a plot of land for the construction of a house. Funding comes from the regional budget. Many couples with children cannot afford construction, which raises the question of whether it is permissible to receive financial resources instead of a land plot.

To receive money instead of the required land allotment, parents will have to complete a number of steps and also collect a significant package of documents.

Such materials include:

identity documents of parents and children;
if the children are adopted - an official certificate confirming this;
information from the guardianship and trusteeship authorities that none of the parents are deprived of their rights;
information about the composition of the family from the passport office and an extract from the house register on the registration of all members;
marriage document issued by the civil registry office.

High-quality copies of all documentation must be made and submitted along with the originals.

The amount of compensation is determined by the market value of the land plot that was planned to be allocated to the family. It is impossible to name the exact amount, since the pricing policy differs significantly in the constituent entities of the Russian Federation.

The basis of the project is related to the need to support families with children and create favorable living conditions. Authorized bodies can issue money only to those who are not able to afford to build a house or run a farm. The tails of the bill go back to the past, when the USSR had a program to provide housing to those in need.

The decision to allocate money instead of land is made by authorized regional authorities. They evaluate not only housing conditions, but also the overall financial situation. Since the allocation of a plot of land involves new costs for building a house. If it is obvious that parents are not able to afford this, then they should be given money to improve their living conditions, for example, to carry out repairs and make a mortgage payment.

Is it possible to receive money or land two or more times? A citizen has the right to purchase such compensation only once in his life, and it is issued exclusively to a family consisting of two parents.

In 2020, in the Khanty-Mansiysk Autonomous Okrug, within the framework of the housing program “Providing affordable and comfortable housing for residents of the Khanty-Mansiysk Autonomous Okrug - Ugra”, government decree No. 137-p dated May 6, 2016 approved an event providing for the provision of a choice of large families who were in line to receive free land, providing in return a social benefit in the amount of 30% of the cost of housing, determined taking into account:

number of members of a large family;
accounting standard for living space (18 sq. m for each person);
the average market value of 1 square meter of housing, approved once a quarter by the Ministry of Construction of the Russian Federation (in Khanty-Mansi Autonomous Okrug is 42,204 rubles for the fourth quarter of 2020);
period of residence in the region (the maximum amount of payment can be received subject to residence in the Khanty-Mansiysk Autonomous Okrug for 15 years or more).

A family’s right to receive a subsidy is confirmed by a certificate for improving housing conditions, which has a limited validity period and can be sent to:

for the purchase of an apartment or house under a sales contract;
purchasing an apartment in a new building through an agreement of shared participation in construction (DDU);
for the purchase of housing with a mortgage by using a housing certificate for: payment of the down payment for a mortgage loan;
repayment of debt and interest on housing loans taken before or after becoming eligible for a subsidy.

As you can see, the size and procedure for providing subsidies to large families in exchange for land for the purchase of an apartment or house are similar to the rules for obtaining a certificate under the “Young Family” program.

In accordance with the norms of legislative acts, a plot of land allocated to families with three or more children must be located within the city or nearby territory. In large cities, for example, St. Petersburg or Moscow, it is not always unrealistic to issue land in accordance with the requirements due to its absence. And land not in cities, but in regions, does not suit everyone.

In this regard, the authorities have provided for the possibility of receiving compensation for land plots allocated to large families. But in order to be able to receive funds, applicants must fall under the provided category:

children in the family must not be older than 18 years;
the family should not own any land;
parental relations must be registered in accordance with the law, that is, through the registry office;
All members are checked for registration in the area in which it is possible to obtain land.

To obtain compensation for the required land plot for citizens with many children, they will need to collect and submit a package of papers:

papers confirming the identity of citizens applying for compensation, as well as documents for children;
information from the guardianship and trusteeship services confirming the fact that none of the parents is deprived of rights to their children;
certificate confirming registration of marriage relations;
data from the passport office or house register on the number of members in the family;
a document certifying the fact of adoption of children.

The package of documents must consist not only of originals, but also of copies.

Required package of documents

In addition to the fact of applying to a specialized commission at the regional municipality, preparation of documents is also required.

Remember! An exact list of papers is established, which includes the following:

an application drawn up in any form (individual regions may offer specifically established forms and samples);
a photocopy of a document identifying the applicant, as well as other family members;
a copy of certificates of birth of children, as well as registration of marriage relations;
a certificate of family income per member;
a document confirming the length of the family’s stay in a particular region;
a certificate confirming the emergency condition of the housing;
if a member has a disability, the woman is on maternity leave and other similar circumstances, the preparation of relevant certificates is required.

The authorized body may require additional information based on the specific situation.

Watch the video. Large families are given apartments:

The procedure for issuing money to large families instead of land

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 for 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.

Paragraph 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 an 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.

According to innovations and amendments to the Russian code since 2015, measures to improve housing conditions for families with many children can be established by the regional authorities in the form of housing premises instead of land.

The family is given a certificate for a so-called subsidy, which they can spend on purchasing housing or invest part of it in a mortgage.

In order for the authorities to understand what you want to receive, you must write an application for distribution according to the new requirements, and there must be the consent of all adult family members.

In the absence of a new application, the family will continue to claim the land, as it was before the adoption of the new program.

There are also additional restrictions on receiving this type of assistance:

the family must have a need for free housing at the time of application;
meet all the requirements that come with being placed in line as a big family.

Payments are calculated depending on the following conditions:

how many squares are required for each family member, according to the established norm;
what is the composition of the family;
average cost per square meter in a given region.

Moreover, even if the family chooses money, it is transferred in the form of a certificate, which can be spent exclusively on improving living conditions.

This could be the purchase of an apartment on the secondary market or in a new building, repayment of loan obligations for housing, or payment of part when taking out a loan.

When purchasing, the factor of new housing, which is no more than 2 years old, should be taken into account, but both the primary and secondary markets can be considered.

For example, in St. Petersburg, a family that submitted an application received a certificate for 300 thousand rubles for improvement.

In addition to the application, the family being registered must add the following documents:

Marriage certificate;
children's birth certificate;
your passports and children (if available);
an extract of the family composition, it is taken from the house register. This fact will confirm that you have actually been living in this region for a long time;
a certificate issued to you by the social protection department and a certificate of parental rights for all children.

When applying, you should understand that government programs are strictly calculated, and it will not be possible to deceive the inspection authorities.

If your children are already adults, do not delay the registration, because... you will lose your right.

Also, it should be taken into account that if all families with many children can receive land, then only those families that really need help at the moment are awarded a certificate.

Find out how to apply for a subsidy for the construction of a house for large families from the article:

subsidies for building houses for large families

How to pay for donor days, read here.

How to apply for a survivor's pension for a child, see here.

None of the family members are fully provided for by the state; the family does not have an inheritance or gift in the form of a home.

Large families can receive money instead of land.

This procedure is free for all families, and takes about 30 days to verify from the moment all necessary documentation is submitted.

If the verification was successful, the family automatically gets in line according to the state. program.

In practice, areas with an area of 6 to 15 drains are more often allocated. If we are talking about a small settlement, then the plots are located near the center. Large cities, such as Moscow, St. Petersburg and so on, do not have such opportunities. Municipalities have to find land plots in the region, which is not always suitable for large families.

Therefore, the authorities allow parents to receive money instead of the plot they are owed. Such programs operate today in Moscow, Ivanovo, Ulyanovsk, Omsk and other regions. Such assistance is possible subject to the following conditions:

Citizens do not own other land plots.
Mother and father are officially married.
All family members have been registered in the region of the Russian Federation in which the plot is allocated for 5 years or more.
Citizens are recognized as in need of improved housing conditions.

Individual regions may have additional requirements. For example, the presence of official status as low-income citizens. Before making a decision on paying compensation for land to large families, authorized authorities assess the financial situation of the parents. If your income does not allow you to build a house, you can qualify for a cash payment.

The process of receiving funds involves several stages:

Collection of documents. You must make copies of all of them.
Writing an application. It contains the personal data of the parents, residential address, the essence of the request, indicating the reasons for replacing the land plot with material compensation.
Submitting the application along with a package of documents to the local administration.
Decision making by government agencies.

The period for consideration of the application is 30 days. If the decision is positive, the family is paid compensation. If the answer is negative, a refusal order is issued with a mandatory indication of the reasons.

To receive a cash payment you will need the following documents:

Passports of both parents.
Birth certificates for all children.
If the kids are adopted, then documents confirming adoption are needed.
A certificate issued by the guardianship and trusteeship authorities, which confirms the fact that there is no paperwork regarding the limitation or deprivation of parental rights in relation to the mother and father.
Certificate of family composition. It is issued at the passport office at the place of registration.
Certificate of marriage between parents.
A document confirming the assignment of the status of a large family.

Some regions may require additional documents. It is better to check the exact list with the administration of the locality in advance.

How can a large family get money instead of land?

Amendments introduced from March 1, 2020 to the Land Code of Russia by Law No. 487-FZ dated December 29, 2014 do not provide for any single way of obtaining support from regional authorities for the acquisition by citizens with three or more children of residential premises in exchange for free land plot.

First of all, for this, the family will need to join the general queue for land for large families for housing construction (in most regions of the country this queue still continues to increase, but according to the instructions of Prime Minister Dmitry Medvedev , it must be eliminated by April 2019). The law specifies that an additional requirement may now also be established:

they must be registered with local authorities as those in need of improved housing conditions;
A large family must have grounds for such registration at the time of application.

After this, if the authorities of the corresponding region have adopted a program to provide large families with housing in exchange for receiving free land for building a house, it is necessary, if there is a corresponding desire, to submit to the authorized body at the place of residence an application for participation in the new program, signed by all adult family members, with the provision of the necessary documents (the list is established individually by regional authorities and must be specified at the place of residence).

If a family does not independently declare its consent to receive money instead of land, it will remain in the general queue for a large family to receive ownership of a free plot of land.

Is it possible to get an apartment for land?

In 2020, it was decided at the legislative level that in exchange for the allocated plot, applicants have the right to receive an apartment. In this regard, authorized employees began to conduct inspections of citizens applying for housing instead of a plot:

authorities check all the actions of applicants in recent years, since some individuals deliberately create conditions unsuitable for normal living;
it is required that the family has lived in the region in which it is planned to receive an apartment for at least 5 years;
in addition to the fact that the family must be classified as having many children, it must also be given the status of a low-income family;
The condition of the house in which a large couple lives will also be taken into account.

To get housing instead of land, couples with many children will need to get on a waiting list, which is taken into account in each region.

Payment of money in exchange for the allocated land plot for families classified as large is possible. But their use is allowed only to improve the housing situation.

What can you spend your compensation on?

Cash compensation instead of land allocated to large families cannot be spent on personal needs. It is allowed to be spent only on the following operations:

Buying a home.
Carrying out renovations in an existing apartment.
The contribution of funds to repay part of a mortgage loan.
Construction of additional rooms in an existing house.

The main purpose of issuing land plots or money for them is to improve the living conditions of children. Parents are required to report to government agencies for the funds spent. If misuse of money is discovered, compensation will have to be returned.

Compensation for large families for land in 2020

A plot of land is allocated to a family raising three or more children, and it does not matter whether they are natural or adopted. Children are understood to be minor citizens, as well as young people under the age of twenty-three, provided they are studying full-time at an educational institution.

The intended purpose of the land is related to either the construction of a house or the organization of a household. The average area of the resulting plot is determined by the authorities of the subjects; as a rule, it ranges from six to fifteen acres. An immutable condition is that the territory is located within the boundaries of a populated area.

Compensation amount

The amount of compensation paid for a land plot is different in each region. There is no standard amount. For example, in St. Petersburg payments are made in the amount of about 340,000 rubles, in the Chelyabinsk region - 250,000 rubles, in Vologda - 220,000 rubles. The specific figure depends on the following factors:

The area of land that citizens could claim.
Number of children in the family.
Market value of land in the region.

Funds are issued in the form of a certificate. It can only be used for its intended purpose. Cash assistance is not provided.

Replacement of a land plot for compensation is carried out at the discretion of the authorized regional authority. If there are no suitable plots in the region, and the family has been waiting in line for a long time, then it is better to write an application for payment of funds. This will improve living conditions.