Where to apply for a plot of land for disabled people. Everything about the provision of land plots to disabled people: the procedure for obtaining and a sample application

Law on land plots for disabled people

The Land Code of the Russian Federation states that families with a person with disabilities are given the right to preferential priority obtaining a plot for individual housing construction (individual housing construction) without participating in auctions.

According to the Land Code, territories that are owned by the state can be leased to people for a period of 5 years free of charge. Thus, the law on the provision of land plots to disabled people allows them to lease land from the state out of turn.

Moreover, within five years a person must build a house or cottage on this site. This is already at your own expense. If he doesn’t make it in time, the land will be taken back. Also, the land will be taken away if construction has not started within three years, but it is allowed to extend the lease for another five years if construction has begun but not yet finished. Upon completion of construction, you need to bring an extract from the Unified State Register of Real Estate to the administration about the presence of a completed and officially certified building on the territory, and then the land will become yours.

Attention! The right to receive is not granted to any vacant plot you like, but only to the one put up at auction.

But not everything is so bad, in the application you indicate your wishes, what the site should be like and where it should be located, and the land will be selected in accordance with these wishes. But they won’t give you a plot larger than 0.15 hectares.

Let's look at this law in more detail.

Tax benefits for disabled people of groups 1, 2 and 3 in 2020

If a person has not used his right to a discount or waiver of duty payment, then he has the right to write an application to the tax authority for recalculation. However, only the last 3 years will be taken into account.

Property tax

For disabled people of group 1, this benefit is provided in full. For people with group 2, it is important that a health certificate is received no later than January 1, 2004. Also, this category should have no restrictions on work activity.

It is assumed that the land tax rate will increase every billing period, with indexation until 2020, when the procedure for calculating the tax on the territory owned will be finally established. Current changes in the price of a plot according to cadastral information are not taken into account when determining the base for calculating tax for this and previous billing periods.

Land tax is levied on owners of land plots, as well as citizens who own a plot of land under the right of perpetual use or lifelong inheritable possession. Tax rates (that is, the percentage of the tax base, which is also the cadastral value of the land) are also determined by local governments. Disabled people of the second group can count on a reduction in cadastral value by ten thousand rubles. True, we are talking only about citizens who received second group disability before January 2004.

What tax benefits will there be in 2020 for disabled people of group 2?

Based on the instructions of the President of the country, the State Duma began to develop a new bill giving the country’s pensioners the right to also receive benefits when paying land taxes. Despite the fact that Federal Law No. 436 was adopted and entered into force in 2020, the rules in force today apply to the tax period that has already passed, i.e. by 2020, among others.

the ability to obtain the necessary medications and medical products according to doctor’s prescriptions;
the possibility of obtaining, if there are medical indications, a voucher for sanatorium treatment for the prevention of major diseases in certain sanatoriums;
the possibility of free travel on suburban railway transport, as well as on intercity transport to the place of treatment and back.

There is one feature associated with a monthly cash payment, which is that each disabled person can fully or partially replace her social assistance in the form of a set of social services. This means that a citizen can either receive only money, or receive services instead of money, or receive part of the money and part of the services.

We recommend reading: Payment for housing and communal services How to find out the Service Provider

Housing and benefits for disabled people of the second group

The state provides assistance to people with disabilities, which means that they have benefits and guarantees that help them in their difficult situations. Various benefits are also provided for disabled people of group 2. These include tax benefits, housing and utility benefits, social security benefits, pensions and other benefits. You will learn about what benefits for disabled people of the second group are provided in 2020 from our article.

This is both a legal and medical procedure. Depending on the severity of disability, citizens are assigned disability group I, II or III. The first is set for 2 years, the others for one.

Who is eligible to receive a plot

The allocation of land plots to disabled people for individual housing construction applies to families with disabled children of any degree. As for adults, free plots are provided only to people with diseases from the list of Art. 51 Housing Code of the Russian Federation. This:

tuberculosis of any organs and systems with bacterial isolation confirmed by culture;
malignant formations accompanied by copious discharge;
chronic and protracted mental disorders with severe persistent painful manifestations;
epilepsy with frequent seizures;
diseases complicated by gangrene of the limb;
gangrene and lung abscess, lung necrosis;
severe chronic skin diseases with multiple rashes and copious discharge;
intestinal and urogenital fistulas that are not amenable to surgical correction.

Important! This law applies only to people living in the Russian Federation for more than 5 years.

How to register a plot after receiving

In 2020, citizens living in Russia and having varying degrees of disability or families with disabled children have privileges when receiving a land plot. According to the law, these persons should not take part in auctions and stand in line; they can immediately become land owners, as indicated in Article No. 25 of the Land Code of the Russian Federation.

On the received plot, a disabled person has the right:

build a dacha or house for permanent residence;
do gardening;
run a private household;
build utility rooms.

It is prohibited to engage in farming or other types of business that generate profit.

The main thing for citizens of this category of disability is confirmation of their status, the correct preparation of the application, the attachment of documents indicating a difficult financial situation (if available), as well as a request for a free plot.

2 groups

Persons with disabilities having group 2 are endowed with all the rights as people with groups I-III, the first does not provide any priority in priority.

3 groups

The process of allocating a land plot to a group 3 disabled person is no different from registration for other preferential categories; the main criterion is the presence of disability and evidence from a medical institution.

For disabled children

Families who are raising a sick child and want to acquire an allotment must have many children, otherwise they will not be able to get free land. It will only be possible to buy it out of line, without an auction. Otherwise, the stages of registration differ from groups 1, 2 and 3, only in the package of documents.

During the registration process, you may encounter some nuances, so you should know what documents are needed, how to obtain a certificate confirming disability, who can be the representative of a minor or a completely incompetent person.

Package of documents

Each case is unique, so the commission has the right to require additional documents and certificates.

The need for an allotment is determined by three factors:

there is less than 12 m2 of housing for each family member;
no other residential property available;
housing has not been improved for five years.

Land is provided for disabled people on a first-come, first-served basis; it makes no difference whether the applicant is in the first or third group. 14 days are allocated for consideration of the application, sometimes the period is extended to a month. After this time, an answer should come whether the land plot has been issued or not. If some documents are missing or there are gross errors in the application, then the commission gives time to collect the papers and correct the errors and examines them again.

An agreement on ownership of the plot is signed at the district administration. If the owner is a minor or a completely infirm person, his authorized person must sign.

The rights and obligations of the parties are also spelled out there. The owner undertakes to use the land strictly for its intended purpose, be sure to develop it and not neglect it. He is also subject to all penalties for failure to comply with these requirements. The second party guarantees that it has allocated the allotment in excellent condition, fully suitable for conducting agricultural activities or building a house.

It is worth noting that the plot is issued only for rent; in order to become its owner, possession of it for five years is required. After this period, you can submit an application to local authorities about your desire to become an owner. A commission will be assembled and the request will be considered; if the person used the land for its intended purpose and there are no claims against him, his request will be granted.

If a disabled person has built a house on a given plot and lives in it, then the land ownership automatically becomes his property. Having received the relevant document from the administration, you need to register with Rosreestr and receive an extract from the Unified State Register of Real Estate.

tuberculosis of any organs and systems with bacterial isolation confirmed by culture;
malignant formations accompanied by copious discharge;
chronic and protracted mental disorders with severe persistent painful manifestations;
epilepsy with frequent seizures;
diseases complicated by gangrene of the limb;
gangrene and lung abscess, lung necrosis;
severe chronic skin diseases with multiple rashes and copious discharge;
intestinal and urogenital fistulas that are not amenable to surgical correction.

When the documents are collected, the disabled person or his representative (guardian) is sent to the administration, to the land committee. The maximum period for making a decision on this case is 30 days. Next, you receive either a refusal decision or a lease agreement for the proposed site.

If a refusal occurs, the reason is always indicated; it can be corrected and the documents can be brought back for verification. Upon completion of construction and registration of the house, we bring an extract from the Unified State Register to the administration. Within 14 days, the check is carried out again and, if everything is fine, you return for a certificate of land ownership. She's officially yours.

The right to a plot transferred for free use, lease or ownership is subject to state registration (Article 25 of the Land Code of the Russian Federation). The emergence of the right to a land plot arises from the moment of state registration. Entering information into the register is carried out taking into account the provisions determined by the Federal Law of July 13, 2015 No. 218-FZ.

To register property you will need:

Identity document of the future owner of the plot.
A decision to transfer a plot of municipal property to a person.
Extract from the Unified State Register of real estate confirming the absence of encumbrances.
Cadastral plan of the land plot. In addition to paper media, data is provided in electronic format.
Geodetic documentation.
Statement of the person submitting the documents.
Receipt for payment of state duty.

When submitting documents, the representative of interests additionally presents an identity card and a notarized power of attorney.

The order of rights to land plots is determined by acts of regional legislation. Some regions allocate land plots for rent, with the subsequent right to register ownership after mastering the established construction cycle, provide plots of all forms of assignment only to needy families and with other additional conditions.

Error No. 1. Persons raising disabled children consider it possible to claim a storage facility of any size. The opinion is wrong. Each region has the right to set maximum plot sizes depending on the purpose. Thus, for running private household plots, each owner is provided with a plot with a maximum size of 0.5 hectares (clause 5 of Art.

Error No. 2. Families with disabled children waiting in line for a designated purpose pension may lose their right due to the removal of their disability. It is erroneous to think about preserving the right to benefits if disability was confirmed at the time of registration. Land plots are allocated if preferential status exists at the time of receipt of the plot.

Error No. 3. Citizens who have received agricultural land plots on the basis of an existing benefit often have the mistaken opinion that there is no need to use it for its intended purpose. Persons who own an agricultural plot on the basis of any of the grounds lose their rights after 3 years if there is no intended use.

It provides that persons with limited working capacity and legal representatives of children in this category have the right to receive plots not only on a preferential basis, but also free of charge. These are provided from municipally owned lands, but only with the consent of the authorities, and not on the basis of demands from third parties.

For citizens and children with disabilities, the rules for participating in the auction are canceled, and the queue is reduced to a minimum. That is, in relation to them, it is permissible to establish queues only from among applicants with limited ability to work.

The same is announced by the Resolution of the Supreme Court, which entered into force on September 17, 2008.

The criterion for citizens to belong to the designated category is the decision of the ITU to recognize a person as partially disabled or a disabled child, on the basis of which a certificate of disability is issued by the institution of the Pension Fund (PF) of the Russian Federation.

What documents are needed

The provision of land plots to disabled people for individual housing construction is carried out on the basis of the following documents:

a copy of the passport of a citizen of the Russian Federation;
VTEC conclusion on disability;
TIN;
application for a land plot.

Documents are reviewed within 30 days.

Next, let’s look at what documents are needed to obtain a plot of land for a disabled child:

passport of the parent or guardian;
birth certificate, if there are several disabled children in the family, birth certificates of all children are needed;
VTEC conclusion;
certificate confirming that the family is registered for improvement of living conditions;
application for a land plot.

What tax benefits do disabled people of group 2 have?

In 2020, disabled people of the second group will continue to be able to enjoy many tax benefits provided for by Russian legislation. Benefits improve your quality of life. If you know what exactly the state has provided for people with special needs, everyone can demand from higher authorities that the laws are followed and people with disabilities receive various types of tax breaks, can save and spend more on improving their health.

In Russia, private property tax is one of the local taxes: rates are set by local governments. The owner pays for a residential building, apartment, or other real estate. However, there is a fairly long list of categories of citizens who are exempt from paying this type of tax; the list also includes disabled people of the second group. This type of government assistance will continue in 2020.

We recommend reading: What Documents Are Needed to Refund the Tax Deduction for an Apartment

Sample application

The application can be written in free form, there are no special forms:

So, in the upper right corner we write the name of the person to whom the application is addressed and his position.
Below it we indicate our full name and address.
Below we indicate the contact phone number and email, if available. This column should be left aligned.
At the level of the end of the upper right column, in the middle of the page, we write the word “Statement” with a capital letter and do not put a period.
The statement itself. We write who is asking for what: “I, Ivan Ivanovich Ivanov, ask you to provide me with a plot of land.”
We indicate the basis for this request. That is, who is disabled, which disabled person, and the exact part of the law under which the land is provided (for example, Article 17 of the Federal Law “On Social Protection of Disabled Persons”).
Afterwards we describe the purposes for which the site will be used and the wishes for it. Approximate location, size, communications, etc.
Please indicate below what documents you are attaching to your application to prove your right to receive a preferential land plot.
We complete the application with a signature and a number on the left side.

You can also view a sample application for receiving a land plot for a disabled person on our website. Now it’s time to find out which structures to take all these documents to.

How to get land: instructions

How can a disabled person of the 1st group get a free plot of land? The whole procedure includes several stages:

Submission of documents confirming disability, as well as the absence of other housing in the property of a person with disabilities.
Queuing.
Transfer of land for rent under special conditions. As mentioned above, the lease agreement is valid until construction or other work begins on the acquired land.
Transfer of ownership of a plot to a disabled person. This stage begins immediately after the start of construction.

If the municipality refuses a person with disabilities without any reason, you can challenge this decision in court. In addition to the claim, you will need to submit all documents confirming your right to benefits.

On our website you can get a free consultation from our corporate lawyer within 5 minutes!

The procedure for registering rights to a land plot

When the documents are collected, the disabled person or his representative (guardian) is sent to the administration, to the land committee. The maximum period for making a decision on this case is 30 days. Next, you receive either a refusal decision or a lease agreement for the proposed site.

If a refusal occurs, the reason is always indicated; it can be corrected and the documents can be brought back for verification. Upon completion of construction and registration of the house, we bring an extract from the Unified State Register to the administration. Within 14 days, the check is carried out again and, if everything is fine, you return for a certificate of land ownership. She's officially yours.

The nuances of paying land tax for disabled people of group 2

are provided for group 2 disabled people, but the amount of bonuses and the method of their implementation depend on regional policy . This is due to the fact that the funds that were transferred as part of the taxation are transferred to local budgets, therefore city authorities are free to establish an individual land tax for disabled people of group 3 and other categories. The main thing is that local policies comply with national principles.

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As statistical data show, disabled people of the second group can count on a reduction in cadastral value even up to 10 thousand rubles. Persons of the 1st disability group can also count on a large discount. How much preferential categories of citizens will have to pay depends on the internal politics of the region.