Providing plots to large families

plots for large families

Thanks to the law, families with more than 3 minor children (natural or adopted) can receive a plot of land for personal use free of charge

The order of land distribution and the size of the area are determined by the local government authority . The distribution depends on the specifics of the region and its requirements.

The permission to allocate a plot is influenced by the number of children in a given family and their date of birth.

Typically, the amount of allocated land that can be counted on ranges from 6 to 15 acres . This again depends on the region of residence.

Some cities, such as St. Petersburg, may issue cash compensation instead of free land. The city governor has the right to make a decision based on an application from the social policy commission. This may be due to the lack of free plots in the city land fund.

plots for large families
plots for large families
Content
  1. The program will start in 2022
  2. Conditions for the provision of land
  3. How to get land for a large family
  4. Where to go
  5. What documents are needed
  6. The procedure for providing land plots to large families
  7. Registration of land ownership
  8. Is it possible to sell land to large families?
  9. Land owned by the state: actual video
  10. Latest changes and frequently asked questions
  11. Land plot for large families in 2022
  12. Right to land
  13. Conditions of receipt
  14. How to get it and where to go
  15. Package of documents
  16. Timeframe for making a decision
  17. Possible reasons for a refusal decision
  18. Financial compensation
  19. Decor
  20. New benefits for large families will come into force in 2020-2022
  21. What new benefits will large families receive?
  22. Land tax benefits for large families
  23. Benefits for large families on property deductions
  24. How to get a plot of land for large families in Moscow in 2022
  25. Will land be provided to large families in Moscow in 2022?
  26. Standards for providing land to large families in Moscow and the region
  27. Under what conditions is land provided to large families in Moscow?
  28. How land ownership is registered for large families in Moscow and the region
  29. What documents will be needed to register land for large families in Moscow and the Moscow region?
  30. Expert opinion on the question of why land in the Moscow region may not be provided
  31. Common mistakes
  32. Answers to common questions about whether land will be provided to large families in Moscow in 2022
  33. Conditions for the provision of land plots to large families in 2022
  34. Conditions for free receipt of land by large families
  35. Where land is given to large families
  36. How to get land for large families in 2022
  37. Queue for land for large families
  38. How to get a plot for large families in Moscow and the Moscow region
  39. Money instead of land for large families
  40. Legislation 2022
  41. Land plots for large families
  42. Restrictions
  43. Conditions of the state program

The program will start in 2022

It was assumed that in 2022 the program to provide large families with land in many regions will cease to operate. This is due to the lack of land for free distribution .

Accurate information on specific regions should be clarified on the websites of regional branches of the Ministry of Property and Land Relations. As for federal sentiment, perhaps in the future the authorities will take measures to improve the situation in densely populated areas of Russia.

It is still possible to “jump on the last train”, focusing on regional news, because there are no changes in Federal legislation (see the Federal Law “On Amendments to Article 16 of the Federal Law “On Promoting the Development of Housing Construction” and the Land Code of the Russian Federation” did not happen in this regard .

It should also be taken into account that on March 1, 2020, amendments to the basic law regulating the issuance of free land to large families came into force.

From this moment on, local authorities can regulate the circle of applicants .

In fact, not every family will be able to apply for a free plot, but only those who belong to the category of those in need .

In addition, the law very ambiguously stipulated that local authorities can provide other assistance to large families in need of improved housing conditions. Hence, many media outlets began to actively discuss the question of whether large families could be given apartments . This possibility evokes nothing but skepticism.

The fact is that even land plots were able to receive only 40% of those who submitted applications . Such a low percentage is associated with the low quality of the land offered (in places remote from infrastructure, for example).

In this regard, it is extremely doubtful that regional budgets will be able to bear such a burden as distributing apartments to all large families. It is likely that “other assistance” is preferential interest rates on mortgage loans, and this is the maximum that you can count on.

Conditions for the provision of land

  • presence of three or more children under the age of 18;
  • if there are children under 23 years of age who do not generate income, but are studying at universities ;
  • the family must be registered in this region for at least 5 years ;
  • between father and mother, the marriage must be legally formalized ;
  • all family members are required to be Russian citizens ;
  • You can get a plot provided that there is no other land .

The answer to the question “is it possible to receive land from the state for a third child” is unequivocal - it is possible. Just keep in mind that a family receives the status of “large” only if all three children in the family are minors. If a child has exceeded this limit and is not a university student, then he is not included in the number of children for determining family status.

According to the law, a father and mother raising children alone can claim the plot. All family members are entitled to an equal share of land ownership. The plot can be used for any purpose : to build a residential building, a summer cottage, or engage in farming.

A refusal to provide a land plot may be issued if:

  • the parents have a decree on deprivation of parental rights;
  • if at least one family member is fully financially supported by the state;
  • false information provided;
  • when changing the citizenship of one of your relatives.

How to get land for a large family

To find out in detail all the requirements for obtaining a plot of land, it is better to familiarize yourself with the local legislative acts of your region in advance; the requirements are very different everywhere.

Before collecting documents for allocating a plot, you must confirm compliance with all the conditions of a large family. What you need to do for this:

  1. Go to the social welfare department with an application to classify the family as large. After this, documents are collected . Consideration of the application and collection of certificates is a free procedure.
  2. After the application has been reviewed, the social security officer reports his decision on the case . If it is positive, the parents are issued a certificate confirming the family as a large one. You can take it to the local administration.

Where to go

To obtain a legal plot, you must first get on the waiting list . For this purpose, there is a municipality at the place of registration, where an application of a certain form and a package of all collected documents are submitted.

In the application, you must write a request for the allocation of the required site and indicate for what needs it is needed. Documents are submitted that confirm the right to receive land.

After completing the verification of the provided documents, the administration employee, if the decision is positive, informs the family of the case number and registers it . After a month, a special commission must decide which of the land fund areas can be allocated . Distribution takes place strictly according to the queue.

Within a year, the land is legally transferred to the full disposal of a large family.

Important! If a family refuses the allocated land and then decides to receive it again, the registration procedure must be completed again, starting with the application and ending with approval.

What documents are needed

  • application for placement on a preferential queue;
  • for each child - a photocopy of his birth certificate;
  • copies of the parents’ passport or one if the family is not complete;
  • parents' marriage certificate;
  • at the passport office you need to get a certificate stating that everyone, without exception, is registered at the same address;
  • a certificate is required that no decree on deprivation of parental rights was made;
  • certificate of large family.

If there are adopted children in the family, attach a document confirming their adoption. Obtain confirmation from the guardianship authorities that the rights to adopt the child have not been revoked.

The procedure for providing land plots to large families

After the application is written and the package of documents is collected, local authorities make a decision on whether they have the right to put this family on the waiting list.

The time frame for making a decision is different everywhere and depends on where you live. Some make their decision quite quickly and report within three days . By law, the maximum period is no more than 30 days . All documents must undergo legal review.

If the answer is positive an official notice stating that the management has made a decision to allocate a plot of land for the family. This means that the process of allocating land from the public fund for large families has begun.

The reason for refusal to be placed on the queue must be explained. This is possible in the absence of registration of an official marriage between parents, untimely replacement of a passport due to age, or when moving to another region.

When registering, a serial number is assigned; by law, within a year . Unfortunately, not all regions have free state land . Thus, the issuance of land is suspended indefinitely.

There is another nuance in this matter. Before receiving a plot, a family must pay for a topographical survey of the area to obtain a map of their land . Then everything is approved by the architecture department . This procedure lasts up to two months . After approval, land surveying work is carried out.

By law, all expenses are made at the expense of a large family . With the finished results, you can go to the Cadastral Chamber and register a plot of land . A cadastral passport is issued and registered with Rosreestr.

Registration of land ownership

The law provides for several options for obtaining ownership of a plot of land free of charge.

There is no single order on the territory of Russia.

For information, you should consult a land law specialist. Registration of ownership of a plot depends on the terms of the agreement under which it was received. It is necessary to seek clarification from Rosreestr, where the application is written and copies of all documents are attached.

Do not forget that in the contract when receiving land there is a mandatory condition - the construction of a house. If this is not done, otherwise the plot may be taken away in court . If the property is built, you can obtain a certificate of ownership for it. As soon as the documents for the house are completed, on this basis the land itself is transferred into ownership.

Important! In Moscow and St. Petersburg it is not allowed to register land ownership.

Is it possible to sell land to large families?

When allocating plots to large families, the state does not have the right to sell them for money. Families who receive a plot can sell the land. There are several types of conditions under which land is provided:

  • on the basis of a lease agreement - in this case, it is allowed to build a house, register it as property, and then land;
  • under a gift agreement - everyone immediately becomes the owner, but the condition will be the mandatory construction of a house;
  • shared ownership - land is registered in the name of all family members, including children.

Important! The sale of land is possible only after registration of its ownership.

In order to avoid difficulties when preparing documents for the sale of a plot, you must first consult with a representative of the administration.

Land owned by the state: actual video

In 2020, another state program was launched to provide plots of land in the Far East. What does everyone who wants to receive free land from the state need to know about this program in 2020?

Latest changes and frequently asked questions

The changes introduced by the President of the Russian Federation to land legislation in 2020 by Law No. 138-FZ did not last long.

Already in June 2020, were excluded No. 161-FZ in order to transfer powers on this issue to the authorities of the constituent entities of the Russian Federation, which in turn assigned this responsibility to municipal authorities. For the same purpose, Article 39 was excluded from the Land Code of the Russian Federation on March 1, 2020.

Since that time, the possibility of large families obtaining land plots for various needs, the procedure and conditions for their provision are established by regional legislation and legislative acts of municipalities.

This decision of the federal authorities is due to the fact that given the size of the Russian Federation, differences in landscape, population density and other individual factors inherent in each region, it is difficult to control the activities of providing land plots.

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In this regard, controversial issues often arise. At the request of legislators in some regions, in order to receive land, it is necessary that all members of a large family reside and be registered in the territory of a constituent entity of the Russian Federation for at least 5 years, as was originally established by the federal government.

The list of documents for inclusion in the queue, the size of the area of ​​the land plot provided and other issues vary. In some regions, even the number of children in a large family required to obtain land rights differs . Some put you in line if a large family owns a plot of land, others refuse on this basis.

  • You can clarify the details and find out more at the local government authority, where you submit your application for placement in the queue.

Land plot for large families in 2022

One of the ways to improve living conditions is to build a house on your own land. Families with 3 or more children have the right to count on state assistance in solving this problem. In the regions of Russia there are social programs that allow large families to obtain land ownership. The implementation of such programs helps to strengthen the institution of the family and increase the birth rate in the country.

Right to land

Programs for the provision of land ownership appeared after federal law dated June 14, 2011 No. 138-FZ amended Article 19 of the Land Code of the Russian Federation.

Municipalities and capital cities have the opportunity to allocate land plots to citizens free of charge. Local authorities receive this land from federal and regional property free of charge.

If necessary, plots are transferred from the ownership of one settlement to another.

Each subject of the Russian Federation has its own program for providing large families with land plots. It regulates the procedure, rules for obtaining, and the size of the plot.

It also explains where to stand in line to receive land. The basic parameters of all programs and the procedure for their execution are the same. Moreover, each region has its own characteristics.

For example, the area of ​​the allocated plot and the timing of its allocation depend on the place of residence of the family.

Conditions of receipt

According to Art. 39.5 of the Land Code of the Russian Federation, free receipt of a land plot is available to families that meet the criteria established by regional authorities. It is mandatory to have 3 or more children. Also, the family must be registered as needing housing or have a basis for such registration.

Specific conditions are defined differently by regions.

The main ones are the following:

  • Russian citizenship for family members;
  • officially registered marriage of parents or confirmed status of one parent;
  • age of children up to 18 years or up to 23 with full-time education;
  • residence of at least one of the parents in the territory for at least a certain number of years;
  • for adoptive parents: the child has been in the family for more than 3 years on the date of application;
  • family members do not have rented land plots in their area of ​​residence;
  • compulsory residence of children with their parents, and not in orphanages or boarding schools.

Reference! Large families must simultaneously meet all established conditions.

Families with a disabled person have the right to become owners of land property out of turn. It can be any family member.

How to get it and where to go

Obtaining land is of a declarative nature. A family that meets the conditions of the program submits an application and a package of necessary documents to the administration of the municipal district at their place of residence.

After reviewing the application, the administration registers it as an applicant for a plot of land to build a house. You can find out the queue and estimated time of receipt on the regional administration website.

When it is their turn to receive a site, the family is notified to appear to select a site. Based on the results of the selection, a written consent is drawn up to receive ownership of the land. All adult family members sign the consent.

The proposed sites may not suit the applicant, for example, due to lack of infrastructure or remoteness. In this case, a refusal to receive the plot is drawn up. The procedure for acquiring land free of charge begins all over again.

After selecting a site, the administration requests additional information about the family from government agencies, for example, whether they received land at their previous place of residence. After considering all the information provided by the applicant and received upon request, a decision is made to provide the site or to refuse. The family is excluded from the list of those wishing to receive land for construction.

When obtaining land ownership, a family may be required to pay for land surveying. It is also necessary to pay a state fee to obtain certain papers and register land in Rosreestr. These costs are not reimbursed.

Package of documents

Regional programs contain a comprehensive list of documents submitted along with the application. If you collect all the required papers, then obtaining a refusal decision will be unlikely.

The standard package provided by the applicant must contain:

  • application in the prescribed form;
  • copies of all pages of Russian passports of family members;
  • a certificate from an educational institution about the education of a child aged 18 to 23 - if necessary;
  • copies of birth certificates of young children;
  • a copy of the parents' marriage certificate;
  • a copy of the divorce certificate - if the parents divorce;
  • documents confirming the absence of the second parent (certificate f. 25, approved by Decree of the Government of the Russian Federation of October 31, 1998 No. 1274, death certificate, court decision, certificate from the Department of Internal Affairs) - with a single parent;
  • representative's passport and power of attorney - when submitted by an authorized representative;
  • a copy of the certificate of a parent with many children;
  • certificates confirming the absence of land plots and residential buildings in the region of residence;
  • an extract from the house register;
  • certificate of family composition.

The application for the allocation of land indicates general information about the applicant: full name, residential and email addresses, telephone numbers. The desired approximate area of ​​the plot, the method of its use (for building a house, for a country house, gardening) are also stated.

Download a sample application for the allocation of land to a large family

The application is submitted in any of 3 ways : to the executive body of the municipality for land relations, a multifunctional center or through government services.

Timeframe for making a decision

Under the law, the period for making a decision is set to no more than 10 days after receipt of all additional requested information. In total, the waiting period should not exceed 1 month from the date of receipt of the application.

In reality, the satisfaction of the application depends on the number of large families standing in line and the availability of free land. The terms can drag on for up to several years.

The decision on allocation or refusal is sent to the applicant no later than 5 days from the date of acceptance in the manner specified in the application: by post, by e-mail or given in person.

Possible reasons for a refusal decision

A refusal decision is made when the application rules are not followed or when the land is already owned.

Other main reasons are:

  • presence of false information;
  • presence of invalid documents;
  • lack of Russian citizenship;
  • relocation of a family or its individual members to another region;
  • deprivation of parental rights;
  • lack of registration of parents' marriage;
  • the child reaches the age of 18 without full-time education;
  • expulsion of a child over 18 years of age from full-time education;
  • residence in the region for less than the established period.

If you disagree with the decision, the applicant has the right to file a complaint with the head of the municipal district or regional administration. Also according to Art. 22 of the CAS of the Russian Federation, you can apply to the court at your place of residence with an administrative claim.

Financial compensation

Subjects of the Federation have the right to suspend the program in the absence of free land. This right is exercised in the central or densely populated regions of the country. For such cases, it is envisaged to provide citizens with other ways to provide housing in exchange for land.

Attention! Some regions provide monetary compensation if it is impossible to allocate a plot of land. Replacing land with a free apartment is not practiced, but it is recommended to clarify this nuance with local governments.

To receive money for a plot of land for large families, you must agree in writing to such a proposal from the municipality. In this case, the family is excluded from the register of land claimants. If the applicant does not agree to compensation, he continues to wait for vacant plots.

The amount of compensation depends on the financial capabilities of the local budget and does not exceed the average cost of the site.

The allocated funds can be used to improve living conditions:

  • purchase of a finished apartment;
  • repayment of mortgage debts;
  • carrying out major renovations in the apartment.

Payment of funds occurs by bank transfer to an individual through the services of Sberbank or to a legal entity to a bank account.

Decor

After a positive decision is made, the stage of registering the allocated plot as shared ownership of family members begins.

Its duration depends on the purpose of obtaining the land:

  1. For building a house. The administration enters into a free rental agreement with one of the family members. If, within the period specified in the contract, construction of a building does not begin on the site, then the land is subject to seizure. After registering the finished house in the cadastral chamber, the land is transferred and rights are registered in Rosreestr.
  2. For agricultural needs. In this case, the land is immediately transferred to a large family with state registration of property rights.

After registering property, citizens have the right to dispose of land. When making a decision on alienation, you should remember that a free plot is issued to a large family only once.

New benefits for large families will come into force in 2020-2022

Good news for large families - Federal Law No. 63-FZ dated April 15, 2019 provides them with additional benefits for land and property taxes. The new benefits will come into force in stages, starting in 2020 and 2021. We will discuss the general provisions of the new law below.

What new benefits will large families receive?

Large families who own real estate are not exempt from paying land and property taxes. However, they can take advantage of tax deductions based on the area of ​​apartments, houses or land. It is with an increase in the amount of deductions or the procedure for their use that the provisions of the new Federal Law No. 63-FZ are associated.

Let us highlight the general areas in which
large families will be able to take advantage of the new benefits:

  • The deadline for submitting applications to select a plot
    for which a family wants to receive a land tax deduction has been changed from November 1 to December 31;
  • from 2020, the maximum rate of 0.3% of the cadastral value
    will apply to plots allocated (acquired) for personal subsidiary
    farming, for gardening and vegetable gardening;
  • The deadline for submitting applications to select a property
    (apartment, room, house) for which a family wants to receive a
    property tax deduction has been changed from November 1 to December 31.

Starting from 2019, large families can take advantage of increased deductions for the area of ​​plots, apartments and houses. We will tell you below what the new rules provide and how to apply them in practice.

Land tax benefits for large families


The Federal Tax Service has already provided
official explanations on the procedure for According to Letter No. BS-4-21/7176 of the Federal Tax Service of Russia dated April 17, 2019, a large family can take advantage of
land tax benefits in the following way:

  • annually
    receive a deduction in the amount of 600 sq.m.
    for one selected plot, as long as the family has at least three minor children;
  • calculate
    the tax at a reduced rate of no more than 0.3% of the cadastral value for plots of personal
    farming, gardening and vegetable gardening (local authorities can
    set the rate even lower);
  • by December 31, you need to decide on the choice of plot for which the family wants
    to receive a deduction (if such an application is not submitted, the Federal Tax Service is obliged to calculate
    the tax itself according to the most profitable option).

Find out more Consultation with a lawyer on drawing up a marriage contract

The legislator gave large families
an additional 2 months to select a plot of land when receiving a deduction.

November-December
may be deductible The previous restriction allowed people to apply for deductions only for plots acquired before the end of October.

Benefits for large families on property deductions

The procedure for using property tax deductions for large families is as follows:

  • The area
    of ​​an apartment, room or part of an apartment is reduced by the cadastral
    value of 5 sq.m.
    per each minor child (this data is clarified based on the Unified State Register of Real Estate);
  • the area of
    ​​a private house or part thereof is reduced by the cadastral value of 5
    sq.m. per each minor child;
  • as new minor children appear in the family, the amount of the deduction will increase;
  • You cannot take advantage of the deduction if the total number of minor children in the family is less than 3.

As in the case of land plots, the law
now allows you to submit an application to select an object for deduction until December 31.
Receiving property and land tax benefits does not deprive a family of the right to apply for other social support measures from the state, region or municipality.

How to get a plot of land for large families in Moscow in 2022

Until changes were made to the Land Code, every large family (that is, one with 3 or more children) had the right to receive a free plot of land in the territory of any subject of the Russian Federation in which it is registered on a permanent basis.

Currently, there is another law in force, according to which the provision of benefits remains at the discretion of regional authorities.

From this article you will learn whether land is currently provided to large families in Moscow, under what conditions it is possible to obtain a land plot, what are the norms for allocating plots to large families, how to obtain land for a third child in the Moscow region.

Will land be provided to large families in Moscow in 2022?

At the moment, parents with many children, who are registered at the place of residence with their children in the Russian capital, cannot obtain a plot of land in Moscow. There is an acute shortage of land in this densely populated city, and therefore the authorities have canceled the benefit. However, land is still provided to those families who live in the Moscow region.

Important! When determining whether a family has the right to receive a land plot, only children under the age of 18 are taken into account.

According to the provisions of the Law of the Moscow Region dated June 1, 2011 No. 73/2011-OZ, a large family must meet the following requirements in order to qualify for a plot of land in the Moscow Region:

  1. Parents and children under 18 years of age are required to live together.
  2. The family must have at least 3 children under 18 years of age, including natural and adopted children.
  3. The children's parents officially entered into a marriage.

Important! A single mother or father raising three or more children on their own also has the right to apply for a plot of land in the Moscow region.

Children belonging to any of the following categories will also not be taken into account:

  • those that were transferred to full state support;
  • those who were adopted and subsequently returned to social services due to the revocation of adoption;
  • those in respect of whom the mother and father were deprived of parental rights (or limited in rights).

Standards for providing land to large families in Moscow and the region

According to current Russian legislation, a large family living in the Moscow region can only claim a state-owned land plot with an area of ​​up to 15 acres .

Under what conditions is land provided to large families in Moscow?

Today, large families will not be able to obtain a plot of land in Moscow on any grounds, since this benefit has been abolished. As for land in the Moscow region, you must meet the following requirements in order to receive land free of charge:

  • the family does not own any real estate in Moscow;
  • none of the family members of the applicants should have a plot of land that the family uses on the basis of ownership, lifelong possession, or indefinite use;
  • both parents and children must have permanent registration at the place of residence in the Moscow Region and live on its territory for at least 5 years;
  • the family must consist exclusively of Russian citizens.

If a family from the Moscow region, raising 3 children, uses the land as tenants, it has the opportunity to register ownership of the land if the following conditions are met:

  • the area of ​​the leased plot of land does not exceed the norms according to which the land can be registered as ownership by individuals;
  • the land plot rented by the family is owned by the municipal authority or the state;
  • the family uses the land on the basis of a legally executed lease agreement;
  • the family has the status of a large family and meets the requirements of Part 1 of Art. 3 Law of the Moscow Region dated 06/01/2011 No. 73/2011-OZ.

How land ownership is registered for large families in Moscow and the region

Important! A large family has the right at any time to refuse the plot of land provided to it and register another land as its own.

land of the territory where parents and children are registered. You will need to clarify the list of required documents and write an application.

The application should indicate for what purpose the family is registering the land - for building a house or cottage, organizing a farm, gardening or personal subsidiary plot. The documents will be reviewed within 30 days.

The application can also be submitted to Multifunctional Centers and through the electronic service of the State Services portal.

It should be borne in mind that if the plot chosen by the family is occupied, the case will be suspended for 60 days, during which another plot of land must be determined.

The decision to issue a plot or to refuse to provide it will be sent to the applicant in any way convenient for him:

  • personally when visiting authorized bodies;
  • by letter via Russian Post;
  • by email.

What documents will be needed to register land for large families in Moscow and the Moscow region?

In order to apply for the allocation of a plot of land to a large family from the Moscow region, you will need to write an application to provide a large family with a plot of land free of charge and collect the following documents:

Document Where to get it
Photocopies of parents' Russian passports GUVM MIA
Photocopies of each child's birth certificate Civil registry offices
Court decision on the transfer of an adopted child to a family (if the child is adopted) Court office
Photocopy of marriage registration certificate Civil registry offices
Certificate of family composition Passport office, HOA, housing department
Extract from the house register or certificate from the place of residence Passport Office

Expert opinion on the question of why land in the Moscow region may not be provided

According to the provisions of the Law of the Moscow Region dated June 1, 2011 No. 73/2011-OZ, the provision of a land plot to a large family may be denied on the following grounds:

  • the applicants provided false information about themselves or submitted false documents;
  • one of the parents is not a citizen of Russia;
  • parents and children left the Moscow region for another region of Russia for the purpose of permanent residence.

Common mistakes

  • Error: A large family is applying to receive a plot of land in Moscow in 2020.
  • Comment: After amendments were made to the Land Code of the Russian Federation, land plots in Moscow are no longer allocated to large families.
  • Error: A family with three children, who registered in the Moscow region a year ago, is applying to receive a free plot of land.
  • Comment: You can obtain a plot of land in the Moscow region only after 5 years of residence in the region based on registration at the place of residence.

Answers to common questions about whether land will be provided to large families in Moscow in 2022

Question No. 1: Can a large family from the Moscow region claim a plot of land if the father of the family rents a plot of land from local authorities?

Answer: Yes, the use of land under a lease agreement does not exclude the possibility of registering ownership of the land for a large family.

Question No. 2: A large family received ownership of a plot of land in the Moscow region. Can a family claim land again after a few years on the grounds that a fourth child has been born?

Answer: A large family can apply for a land plot only once. The second time the land is not allocated under any circumstances.

Read in more detail:Land for large families in Moscow and the Moscow region in 2020Land for large families in Moscow in 2020

Conditions for the provision of land plots to large families in 2022

Our laws do not provide as many benefits as we would like, but they still exist and that’s good. Thanks to such measures, certain categories of the population can receive material benefits simply for meeting established criteria.

This is a big plus and a good help for socially vulnerable citizens . But in order to gain access to the use of benefits, it is necessary to overcome many difficulties, which sometimes overshadow the achievement of the goal .

Fortunately, if you arm yourself with information in time, troubles can be avoided . The more you know about your rights, the less likely you are to encounter deception and dishonesty of government officials.

Therefore, before applying for certain support measures, study in detail the nuances of receiving assistance.

Conditions for free receipt of land by large families

Any large family living in Russia has the right to receive a land plot once.

If you are a resident of Moscow or the Moscow region, you can receive land if you meet the following criteria:

  • you have three or more children who are under eighteen years of age;
  • period of residence in the Moscow Region or Moscow for at least five years;
  • all family members have Russian citizenship;
  • none of the family members is the owner of the residential premises or the user of a land plot with an area of ​​more than 0.06 hectares.

It doesn’t matter whether a family raises its three children or whether one of them is adopted. Land will also be available to those whose children are over 18 years old, but have not yet reached 23, are studying at a university and are dependents.

Where land is given to large families

Large families can count on receiving a plot in the Moscow region. This is where the vacant lands intended for preferential provision are located . As a rule, newly formed territories are used for allocation . Often, at the provision stage, the infrastructure in a residential area is insufficiently developed and there is a problem with communication.

To avoid delays in resolving such issues, new owners should pay attention to the problem immediately. Unfortunately, leniency towards this type of issue causes excessive forgetfulness in the municipality.

Of course, you shouldn’t create a conflict, but politely clarifying the details of the planned work and prudently calling the contact number if they are postponed would be useful.

If the proposed land is not located as close to civilization as we would like, or has a number of other disadvantages, you can refuse the plot and ask for another one . You can refuse any number of times; the law does not yet limit this possibility.

Lately, the Duma has periodically raised the issue of limiting refusals to three times, but no decision has been made, which is probably for the best.

How to get land for large families in 2022

To obtain land, you must have the status of a large family, which is assigned by social protection authorities. To do this, a list of certificates is collected and submitted to the place of residence for consideration .

After the social protection officer examines and checks the documents, the family is issued a certificate certifying the family’s status as a large family.

As soon as you have the certificate, you can proceed to the next step - determining the competent authority allocating land plots.

The local government body is responsible for accepting documents and considering candidates for land. It is the municipality that is the owner of the land, which means that all decisions are in its hands .

You need to find out where the administration is located in the area of ​​your residence and make an appointment by calling the contact number listed on the website.

Issues of land allocation are dealt with by land resources committees, which are structural bodies of administrations.

Once you have decided where to apply, take care to clarify the list of documents. Often a list of required documentation can be seen on the websites of government agencies.

It includes:

  • application for registration;
  • identification documents;
  • confirmation of registration in Moscow or Moscow Region;
  • documents confirming the relationship of family members: marriage certificate, birth certificate of each child;
  • an extract from the Unified State Register of Real Estate stating that all family members do not own real estate.

It is possible that you will be required to provide additional documents, so you should talk about this with specialists in advance.

Sometimes land is denied. This point is provided for by law and is clearly regulated by it.

When can they refuse?

  • You have submitted documents that contain information that is not true.
  • Your family moved from Moscow or the region.
  • One of the family members changed citizenship.

Queue for land for large families

Once the documents have been collected and submitted, the administration has thirty days to make a decision on whether to place your family on the waiting list for land allocation.

Unfortunately, it will not be possible to get land right away, because there are many more people who want it than there is land ready for allocation.

Therefore, the municipality forms a queue of those in need, and as land becomes available for allocation, this queue decreases.

If you have received a positive decision on the allocation of a land plot, it means that you have been placed in a queue and you have been assigned a serial number. You need to find out your serial number and periodically monitor your progress up the list ladder through the administration website.

How to get a plot for large families in Moscow and the Moscow region

The procedure for obtaining land for residents of Moscow and Moscow Region, without unnecessary details, is as follows:

  • recognition of a large family through the social protection authority at the place of residence;
  • collection of documents;
  • provision of documents to the authorized administration;
  • waiting for a response within a period not exceeding 30 days;
  • approval of the application and placement in the queue;
  • reviewing the submitted documents as soon as the turn comes and confirming the existence of circumstances at the moment;
  • allocation of land.

It is worth noting that the difficulties for future property owners do not end at the stage of land allocation. The site is allocated by issuing a resolution . As soon as you receive all the documents in hand, you need to register the land as common property with shared allocation . To do this, you will have to collect a package of documents, pay a fee and contact Rosreestr.

Money instead of land for large families

Often families with many children refuse the idea of ​​getting land because they understand that building a house is expensive and there are no available funds. Some people have a logical question: is it possible to get money instead of land? The legislator does not prohibit solving the issue in this way.

Some regions that do not have free land, and the obligation to help large families has not gone away, do just that . Instead of land, applying families are provided with money that can be spent on improving their living conditions.

Unfortunately, in order to realize this opportunity, it is necessary to adopt a municipal law, and so far only four regions of the country have such a law.

Residents of Moscow and the Moscow region will not yet be able to receive money instead of land, since there is no corresponding law in the region.

In the Regional Duma, a document providing for monetary compensation instead of land has been under consideration for several years, but the postponement of its adoption is explained by the need to work out a fair mechanism for monetizing this measure.

As a Duma representative notes, the cost of housing in the region varies greatly depending on the area . Meanwhile, families standing in line are in exactly the same need of support, and injustice cannot be allowed when determining payments.

Legislation 2022

To know exactly what you are entitled to and how to protect your rights, you will have to refer to several legislative acts that clearly outline the nuances of obtaining land.

  • Federal Law of June 14, 2011 No. 138-FZ, Moscow “On Amendments to Article 16 of the Federal Law “On Promoting the Development of Housing Construction” and the Land Code of the Russian Federation . This law provides for the provision of plots to families with more than three children.
  • Decree of the President of the Russian Federation of May 5, 1992 No. 431 “On measures for social support of large families” (with amendments and additions) . In this document you can find the main support measures that the state provides to large families, including assistance in the form of allocation of land plots.
  • Moscow Law of November 23, 2005 No. 60 “On social support for families with children in the city of Moscow . This is a regional document in which parents and other families with many children can find a lot of useful information about the required support measures.

Please note that on the Internet you can find a lot of information about the Federal Law “On State Support for Large Families” No. 138-FZ, which was adopted by the State Duma on November 17, 1999 and allegedly signed by D.A. Medvedev in 2011 .

In fact, the mentioned Federal Law No. 138-FZ is only a bill that was never adopted and remained at the development stage . And Medvedev signed the Federal Law of June 14, 2011 . No. 138-FZ

Moscow “On amendments to Article 16 of the Federal Law “On Promoting the Development of Housing Construction” and the Land Code of the Russian Federation” . Confusion arose due to identical numbers and the mention of large families in the laws.

  • Land plots are issued to large families in a manner strictly regulated by law.
  • The procedure for providing such real estate is constantly changing, so the interested person needs to find out in advance how to properly obtain land in 2020.

Land plots for large families

The law on the provision of plots of land for use by large families is constantly undergoing changes. The latter were introduced in the spring of 2016, according to which it is now possible to allocate not bare land, but finished housing.

Read more: Who and how can get an apartment from the state? Where does the housing program for large families operate?

However, only the family that gives its consent to receive ready-made residential premises can exercise the right established in the Federal Law.

Subject to issue:

  1. An apartment for which social funds are responsible;
  2. Registration of residential premises under a social loan agreement;
  3. If a family wants to purchase an apartment, it may be provided with a subsidy, the amount of which will be sufficient to fully or partially pay off the cost of housing;
    This option provides for the possibility of repaying a mortgage loan or other loan using these funds.

However, the changes made to the law are not mandatory; regions have the right to independently decide what kind of support to provide to large families. You can check the likelihood of receiving a plot or ready-made housing at the city administration.

Restrictions

Recent innovations have established a number of restrictions when obtaining land ownership:

  1. If, while on the waiting list, the family receives residential premises by inheritance or gift, they are automatically excluded from the waiting list. You can re-apply for such real estate only after 5 years;
  2. The legislation establishes a clear size of the allocated land - at the moment the plot cannot be more than 15 acres, regardless of whether the family will build a house on it or not.

Conditions of the state program

Innovations in recent years have not changed the conditions under which land plots are allocated to large families.

  1. Three or more children permanently live in a family;
  2. If the family has children over 23 years of age, during the period of applying for such a benefit, they must study at a budget university, must not be employed and bring any income to their family;
  3. To receive a plot of land, a family must reside permanently in the territory of the same subject of the country for more than 5 years;
  4. Providing land is only possible for parents who are officially married;
  5. According to the rules, the provision of such an object of real estate is allowed only if all members of the family have citizenship of the Russian Federation;
  6. According to the law, plots or compensation are due to those families who do not have land. You can check their availability in Rosreestr.

 

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