Every large family has the right to own a plot of land in the region where it lives.
However, it is possible to receive monetary compensation instead of a land plot.
But when can you get it? How to register it? Let's consider these issues in detail.
- Legislative regulation of the issue
- Procedure for receiving financial assistance
- Things to remember
- Which of the large families are entitled to money instead of a land plot and is it possible to receive monetary compensation in 2020 in exchange for the allotted plot?
- Cash compensation for land for families with three or more children
- Compensation for large families for land in 2020
- Can money be given instead of a plot of land?
- Is it possible to get an apartment for land?
- Algorithm for monetary compensation: how to get funds for a plot
- Amount of compensation for the purchase of land
- Whether they give money for the plot or not: legal grounds
- Options for how to get money for a plot legally
- Money (monetary compensation) instead of land for large families
- Alternative to land
- Will compensation be paid?
- Who can receive cash compensation?
- In what cases are they refused to provide money as an alternative to an allotment if they have many children?
- The procedure for allocating monetary compensation to large families
- Amount of monetary compensation
- Current questions and answers
- How to get money instead of land for large families in 2020: where to apply and what documents are needed
- The concept of having many children
- Payments to large families
- Land Grant Program
- Take a sociological survey!
- What to do to get compensation for the plot
- Compensation in the form of an apartment
- Receiving money in exchange for land
- What to do in case of refusal
- Large families may be given money instead of land in Moscow
- State program for the allocation of land plots: description
- When can people with many children receive money instead of land?
- Reasons for receiving money instead of plots
- How to get cash compensation instead of land?
- Documentation
- Payment amount
- Features of the provision of land plots or compensation
- FAQ
- Common Mistakes
- Conclusion
- 2 instructions for receiving money or an apartment instead of a land plot
- Possibilities and grounds for receiving compensation for land plots
- Features of getting an apartment
- Actions in case of refusal
Legislative regulation of the issue
The law according to which large families have the right to obtain a plot of land for themselves was signed by Dmitry Medvedev back in 2011.
According to Federal Law No. 183 “On amendments to Article 16 of the Federal Law “On interaction in the formation of the construction of housing buildings” and the Land Code of the Russian Federation,” plots are provided exclusively for targeted needs :
- housekeeping;
- construction of your own residential property.
According to the amendments made, families who are raising 3 or more minor children, regardless of whether they are adopted or biological, have the right to receive land to fulfill their needs.
The location of a land plot, including the basic requirements for receiving it or replacing it with a cash payment (compensation), is determined exclusively by the territorial local government body in which the large family lives.
Often the size of the allocated land varies from 6 to 15 acres and it must be located within the city.
However, there are exceptions, for example, in the capital and St. Petersburg, plots are allocated in the region . This is due to the lack of free territory for the implementation of Russian legislation on this issue.
In fact, this is the main reason for obtaining monetary compensation.
It is worth noting that families can apply for compensation
- who have permanent registration in the territory of the region where they are entitled to land;
- are engaged in raising at least 3 minor children;
- are officially married;
- who do not have ownership of other land.
Depending on your region of residence, the basic requirements for receiving monetary compensation may vary.
Procedure for receiving financial assistance
To receive monetary compensation instead of the required plot, you must prepare a package of documents, which includes:
- original and copy of marriage certificate;
- copies of all available birth certificates for each child;
- the original extract from the house register, which can confirm the fact of registration at the specified address;
- copies of all completed pages of parents’ passports;
- document confirming family composition;
- a certificate from the territorial guardianship and trusteeship authority, which confirms the fact that the family has not been deprived of parental rights;
- if we are talking about adopted children, it is necessary to prepare a supporting document. In addition to this, a certificate is issued confirming the existence of guardianship over minor children.
It should immediately be noted that monetary compensation is provided solely for one purpose - to improve living conditions. This could be carrying out renovation work on an existing property or purchasing a new home.
Most large families often encounter problems when they believe that money is provided without the intended use.
The possibility of using compensation instead of allocating a land plot became possible immediately after it became known in practice about the numerous problems large families have with arranging their homes. Many of them simply do not have enough savings, for example, to build a residential building or buy an apartment.
Moreover, compensation can even be used to repay a mortgage loan or pay its down payment, which significantly increases the chances of large families of a positive decision from banking institutions in issuing financial assistance.
Things to remember
You must always remember one important nuance: monetary compensation, as well as the land plot itself, can be provided only once . For example, if the spouses recently legalized their marriage, and before that, one of them already received compensation or a plot with his previous family, now the family does not have this opportunity.
If a large family nevertheless decides to receive a land plot, and not the compensation itself, then in the future they have all the legal grounds for its implementation . However, this is not possible in all cases.
To learn about receiving such monetary compensation, watch the following video:
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Source: http://posobie-help.ru/subsidii/semeynye/vyplaty-vmesto-zemeli.html
Which of the large families are entitled to money instead of a land plot and is it possible to receive monetary compensation in 2020 in exchange for the allotted plot?
Compensation to large families for land. Is it acceptable to get an apartment for land? What is the amount of monetary compensation?
Cash compensation for land for families with three or more children
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.
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.
Can money be given instead of a plot of land?
Due to the fact that in a number of subjects, for example, in cities of Federal significance, there is no free land, the state decided to replace in-kind compensation with monetary compensation. Not all categories of families have the right to count on such conditions.
The main criteria include:
- The family does not own any other land plots.
- The marriage between the spouses is officially registered.
- At least three minor children are being raised at the same time.
- All family members have permanent registration in one subject of the Russian Federation.
A special feature of the compensation is that the family has the right to spend the money solely on improving their living conditions, that is, the list of allowable expenses includes:
- Purchasing an apartment or other type of residential premises.
- Carrying out renovation work on current properties.
- Making a down payment on a mortgage or repaying an existing loan for an apartment or house.
The family is deprived of the right to receive compensation if the parents cannot prove that the finances are used for appropriate purposes.
Is it possible to get an apartment for land?
Since 2015, it has been possible to receive an apartment instead of the land allotment required by law. Authorities are closely monitoring to ensure that citizens do not create artificial conditions of need for housing.
Therefore, we carefully monitor:
- lack of actions aimed at reducing the quality of real estate;
- living in a particular area for more than five years;
- having the status of low-income citizens;
- living in dilapidated houses.
To get an apartment instead of land, you need to get on a waiting list with a regional authority.
Algorithm for monetary compensation: how to get funds for a 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.
Amount of compensation for the purchase of land
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.
Whether they give money for the plot or not: legal grounds
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.
Options for how to get money for a plot legally
As practice shows, receiving monetary compensation is a labor-intensive process, since the authorities, not having a large budget in most regions, tend to give land.
The alternative is to queue for an apartment instead of a plot of land. But this process can also be lengthy. If a family decides to receive land, then they lose their right to purchase an apartment at the expense of the state.
To legally receive funds instead of a plot, all parameters must be met. Moreover, attempts to independently worsen living conditions lead to the fact that the application will be refused.
Compensation for land for large families is one of the developing services provided to citizens. Despite the existence of such an opportunity, in reality it is problematic to get money. To do this, you must meet a number of criteria of need, and in any case, they can only be spent on improving living conditions.
Source: https://propravo.guru/lgoty-i-vyplaty-mnogodetnym-semyam/kompensatsiya-za-zemlyu-mnogodetnym.html
Money (monetary compensation) instead of land for large families
Dear reader of the legal portal “SocLgoty.ru”, in this article we will figure out whether money is given instead of a free plot of land to large families in 2020. This question is on the lips of many potential claimants who would like to receive monetary compensation. Let's see if such a benefit is provided in principle. And if so, in which regions, and under what conditions.
Cash payment in exchange for a plot of land is a possibility provided for in Law No. 138. This project regulates the issue of promoting housing construction. Local authorities provide benefits to large families if there are relevant conditions.
Alternative to land
The changes that were made to the legislation provide that money and an apartment instead of a land allotment to large families in 2020 can be allocated as an alternative. Local authorities can make an appropriate replacement provided that there is no free resource in the region that meets the requirements and is suitable for residential construction. Appropriate replacement is a right , and not an obligation, of local authorities.
Read also: Amount of alimony for 3 children: amounts, in shares, from different marriages
On a note! Construction requires the allocation of a site located next to communications.
In densely populated regions, in Moscow and the region in particular, there is practically no free land left suitable for construction. If there are plots, they are located in ravines, swamps or far from communications. And the law stipulates that construction sites must be allocated to which electricity, gas pipelines and other vital conditions can be supplied.
As an alternative to the site, they may offer:
- one-time compensation;
- assistance with mortgage repayment;
- building materials for the construction of a residential building;
- ready-made house, apartment for living.
Will compensation be paid?
Many representatives with many children were attracted by the initiative of receiving money instead of free land. But local authorities are in no hurry to approve the program. There are many inaccuracies in the law that make it possible to avoid the allocation of money from the budget for appropriate purposes. Amendments planned for 2020 should provide clarity.
Attention! Amendments to the legislation will allow local authorities to purchase land resources from other federal subjects in order to allocate it to preferential categories.
If an updated draft law is approved, according to which regions will be able to purchase land from other regions, then municipalities will be able to implement the state project. But whether the family likes the prospect of moving to another region is a moot point. If the applicant refuses the property allocated by the authorities, the applicant loses the right to the benefit. He will simply be removed from the queue.
In 2020, only a few large cities are ready to pay monetary compensation, where it is not possible to offer vacant plots to families with children. Entities that are approaching such a replacement are still working to improve the legislative framework. And now the main question is, will compensation funds be allocated and in what volume?
It all depends on the policy of the region and the capabilities of the municipality. It can be tentatively assumed that funds will be allocated only in large cities. The amount of assistance will be equal to the cost of the facility that could be allocated to large families in the region.
On a note! The rules allowing the replacement of land with money have been in force since 2015. This increased the effectiveness of the social program, within the framework of which representatives with many children were able to provide themselves with housing.
Who can receive cash compensation?
Cash compensation is provided to large families from local budgets. The main condition for its allocation is the approval of the application by the authorities in a particular subject. Compensatory finance will be provided by the administration only as an alternative to construction land. If there is land, then there is no talk of compensation.
Applicants who meet certain conditions can receive money in return or the plot of land itself. Among them:
- legal confirmation of the status of having many children;
- period of permanent residence in a subject of the state from 5 years;
- the need for improved housing conditions;
- status of a low-income family (not in all areas).
This list is not exhaustive, but contains basic terms. Depending on the policy and financial capabilities of the region, the rules for allocating assistance to large families may vary.
Attention! If a representative deliberately worsens his conditions in order to receive a housing subsidy, he will be denied assistance.
A person who does not own housing or a building plot can become an applicant for an allotment. If such an object exists, but does not meet legal requirements for area or technical requirements, then a benefit is provided. You cannot pre-sell your land, house or apartment in order to receive government support.
In what cases are they refused to provide money as an alternative to an allotment if they have many children?
If the applicant meets the requirements stated in the law, then local authorities may refuse to pay compensation only if land is available for allocation. If free plots are available, then there is no reason for replacement. However, it is possible to receive a refusal to receive monetary compensation in exchange for a construction plot if the applicant:
- owns donated, inherited real estate;
- owns a residential property under a social tenancy agreement;
- owns a plot of land larger than 15 acres;
- deliberately worsens living conditions in order to receive help;
- pre-sold a plot of land, a residential property.
Attention! If a family lives in an apartment under a social lease agreement, but the available space is not enough for a comfortable stay for all its members, then it can become a participant in the program. Restrictions are also lifted if the housing is considered unsafe or dilapidated.
The procedure for allocating monetary compensation to large families
Large families are provided with a subsidy for a plot of land. It can only be spent on purposes specified by law, including:
- home construction;
- apartment purchase;
- investing in a mortgage.
If the goals pursued by the applicant comply with legal requirements and all conditions are met, then you need to submit an application. It is needed to initiate the right to state assistance in improving the living conditions of large families. The benefit is not automatically provided.
Attention! An application for consideration is accepted only with the consent of all adult family members.
You can become a participant in the cash subsidy program if the following conditions are met:
- filing an application for compensation;
- consent of all adult family members;
- need for improvement of living conditions;
- compliance with the requirements of large families.
In most regions, a large family is considered to be one that raises three or more children. These can be relatives, adopted offspring. Minors must be under 18 years of age.
After reviewing the application and making a positive decision, the administration approves the amount confirmed by the certificate. The law stipulates the intended use of funds, so cashing them out is not provided. If there is a refusal, it must be reasoned.
Documents for registration:
- marriage certificate;
- children's birth certificates;
- passports of adult family members;
- statement;
- written consent of adult members to participate in the program;
- statement of family composition;
- a certificate from the social security authorities confirming large families;
- certificate from the guardianship authorities about the rights of all family members.
Attention! When parents are deprived of their rights in relation to their children and their offspring are in state support (boarding school), the applicant is deprived of the right to both a land allotment and a compensation payment.
Amount of monetary compensation
Regarding the amount of compensation, it is set at the level of the municipal administration. The following factors may affect it:
- the norm of residential meters per family member (varies in different regions);
- family composition;
- average price of residential square meter in the region;
- the size of the budget of a particular entity.
The main nuances of allocating a land plot:
- A plot of land is allocated for construction, if it is possible to provide the necessary infrastructure.
- Instead of land, monetary assistance may be provided if there is no free land in the region.
- A family with minor children can exercise their right to a subsidy.
- All family members must live in the same living space.
- Permanent residence of all members in the region where assistance is allocated is required (from 5 years).
- Applicants must have parental rights to all minor children enrolled in the program.
- The size of the subsidy is not fixed and depends on the size of the family and the cost of real estate in the region.
- In large cities, it is not possible to obtain land in the same locality.
Eg! Residents of St. Petersburg may be offered a plot of land in the region, and Muscovites will be given monetary compensation for the land plot.
- You can use funds only to improve your living conditions (reconstruction, repairs, purchase, construction, mortgage repayment), without cashing them out.
- If the new draft law is approved, the administration will be able to allocate plots in other regions after their preliminary purchase.
- Refusal of the type of assistance offered by the state will result in exclusion from the queue.
The condition of cohabitation of all family members is a prerequisite for receiving monetary compensation. It is impossible to regard the stay of a person with a disability as separate if he is in rehabilitation centers.
Current questions and answers
Question: Where do you receive cash under a housing certificate? Answer: The issuance of money in hand as part of state support for vulnerable citizens is not provided.
You can spend money on improving your living conditions through a direct transfer to the account of the seller or creditor. If you buy an apartment, the money will be transferred as an advance.
If you take out a mortgage, the funds can be spent on repaying the down payment and interest on the loan.
Question: How much does it cost to participate in the project and how long does it take to review the application? Answer: Participation in the program is free for all potential applicants. It takes up to 30 days to process your request.
Question: Do I need to write a second application for payment if I am in line to receive land? Do I still need to apply additionally to have it registered when the application is approved by the housing commission? Answer: The social program provides for the right to receive monetary compensation in exchange for land. But its receipt must be initiated by applying specifically for a cash subsidy. If a positive decision is made, you will be registered automatically and a corresponding notification will be sent.
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Source: https://SocLgoty.ru/lgoty/mnogodetnym-semyam/dengi-vmesto-zemelnogo-uchastka.html
How to get money instead of land for large families in 2020: where to apply and what documents are needed
Reading time: 3 minutes
One of the measures to support large families in need of improved housing conditions is the federal program for providing land plots. During its implementation, citizens received plots far from transport routes, without the possibility of carrying out utilities.
As a result, at the federal level, a decision was made to replace the land plot with other social support measures. Let's analyze the option when large families are given money instead of land.
The concept of having many children
Before considering the issue of compensation for a land plot, you should understand which family is considered to have many children. The fact is that in the Russian Federation there is no federal regulation that gives a precise definition of this concept.
Families with three or more minor children are generally considered to be such families. Although in some regions there are local regulations, according to which families raising four or more children are considered large.
Payments to large families
The state strongly supports large families at the federal, regional and local levels. In particular, the legislation provides for a number of cash payments due to families with many children:
- Monthly benefit for a child up to one and a half years old.
- Compensation:
- increasing cost of living;
- cost of goods for children;
- related to the purchase of food;
- housing and communal services and payment for telephone services;
- Payments to families with ten children for Family Day and Knowledge Day.
- One-time payment for the “Parental Glory” award.
Land Grant Program
The regulatory basis for the Program for the provision of land plots to large families is the Federal Law of June 14, 2011 No. 138-FZ “On promoting the development of housing construction.”
Families with three or more children are given the opportunity to receive a plot of land for personal use free of charge with its subsequent transfer into ownership.
The order of land distribution and the size of the plot are determined by local authorities. When making a decision, the number of children and their age are taken into account.
Take a sociological survey!
What to do to get compensation for the plot
Many people wonder what compensation large families are entitled to for land plots. It should be noted that in most regions this opportunity is provided only to those who are already in line to receive a plot of land and housing from the local administration.
In exchange for land, a family can demand either an apartment or money. To receive compensation, you must write an application to the administration.
Compensation in the form of an apartment
To receive an apartment instead of land, certain conditions must be met:
- living in the region for a long time (at least 5 years);
- registration at place of residence;
- being on a waiting list for housing;
- being in line to receive a land plot;
- insufficient number of square meters of living space per person.
Only those families that have not yet received a plot of land are entitled to compensation. If the family receives land, it is removed from the waiting list for both housing and land.
The issue of compensation for a land plot is decided by the local administration. There is no such law at the federal level. The petitioner addresses the official responsible for resolving issues with municipal lands (most often this is a KUMI specialist) or the executive committee of the municipality.
In the application for an apartment, you must indicate that the family is entitled to a plot of land, but they want to get housing.
You should also describe in detail housing problems that the spouses cannot solve on their own.
The application must be accompanied by documents confirming your difficult financial situation:
- certificates of disability;
- pension certificates;
- certificates from the place of work about the amount of wages.
The application is reviewed by an administrative commission, which determines the degree of need of the applicants for housing. If the decision is positive, a social tenancy agreement is concluded with the applicant.
Then you need to register the right to use this apartment with Rosreestr.
Receiving money in exchange for land
As noted above, large families in some regions may be given money instead of land. And in some cases, this option is more beneficial for the family, for example, if spouses want to move to another region or have purchased housing with a mortgage.
A large family must have the right to a land plot and stand in line to receive it.
The process of receiving money in lieu of land is similar to the process of receiving an apartment as compensation. The applicant applies to the executive committee of the administration with a written application, drawing attention to the property problems that the family wants to solve with the help of the money received. For example, paying off a mortgage.
The amount of compensation depends on the assessment of the value of the land plot given by an independent appraiser. It is usually equal to the market value.
The payment of monetary compensation is entirely up to the municipality. If the administration budget does not have enough funds, the applicant may be refused.
Thus, the question of how to get money instead of land for large families in 2020 is quite easily resolved if there are sufficient grounds and funds in the local budget.
What to do in case of refusal
Even if such compensation is possible in the region, the commission may refuse the applicant’s request. The refusal must be motivated, accompanied by an extract from the minutes of the commission meeting.
If the petitioners consider the refusal to be unlawful, they can apply to the district or city court at their place of residence with a demand to satisfy their request for compensation.
The following must be attached to the claim:
- the same documents that were submitted to the administration;
- an extract from the commission’s decision with a refusal;
- receipt of payment of the duty.
The court may recognize the claim in whole or in part, or refuse to satisfy it. In this case, the plaintiff has the right to appeal to a higher court (regional, regional, republican).
Source: https://zakon7ya.ru/imushhestvennye-obyazatelstva/pomoshh-semjam/dengi-vmesto-zemli.html
Large families may be given money instead of land in Moscow
Several years ago, large families from Moscow and the region had the opportunity to receive monetary compensation instead of receiving land plots for construction. To do this, it is enough to contact the administrative body dealing with this issue. The procedure has its own characteristics, which are important for all beneficiaries to know about.
State program for the allocation of land plots: description
Back in the 1990s, large families, on the basis of Presidential Decree No. 431, were given the opportunity to get on the waiting list to be allocated free land plots for construction. The program quickly spread among beneficiaries, and thanks to it, thousands of citizens managed to acquire land.
Despite all the advantages, the program also had some disadvantages: firstly, plots are provided exclusively in the Moscow region, and secondly, they are not always suitable for construction and are often located in swampy areas.
Faced with a huge number of complaints from beneficiaries, the Moscow authorities decided to replace the issuance of land plots with monetary compensation for those who wish. To do this, they just need to contact their district administration with a package of documents and an application.
When can people with many children receive money instead of land?
The status of a large family is confirmed by an appropriate certificate, which is issued by Social Security after reviewing the documents. It is available to couples or single parents raising three or more children.
It can be assigned or extended if the eldest of the three has reached the age of majority, but continues to study full-time: in this case, all benefits are canceled only after he receives a diploma of education or after reaching 23 years of age.
In order to benefit from monetary compensation or receive ownership of a plot of land, beneficiaries must meet several criteria:
- Lack of other real estate or land ownership. If you already have housing, they will not put you on the waiting list and will not give you money.
- The relationship between a married couple must be officially registered in the registry office. If you live with your husband or wife without signing, you will not be provided with the benefit.
- Having three or more minor children.
- Permanent registration in Moscow. If you are registered in another region, you will be able to take advantage of a similar program at your place of residence, if available. Cash compensation or plots in the Moscow region are available only to metropolitan residents.
Note! The decision on monetary compensation for each family is made individually. If the administration has grounds, you will be denied a benefit, but the refusal will be motivated and expressed in writing.
Reasons for receiving money instead of plots
The direct basis for issuing monetary compensation is the desire of the beneficiaries. It is important to consider that it can only be obtained when it is your turn, you will consider several options offered to you. If none of them are suitable, only then do you have the right to apply for payments.
In general terms, the whole process looks like this:
Actions Explanation Additional Step 1 Submission of documents to be placed on the queue for a plot Documents are submitted to Social Security, the decision is made after a detailed check Step 2 Waiting in line You can track the movement of the queue through “Government Services”, using the number assigned to you Step 3 Familiarization with available land options When appropriate it’s your turn, you will be offered several options for plots Step 4 Submitting documents for cash compensation If none of the plots suits you, you can apply for cash payments instead of land
Important! You will not be given cash in your hand: instead, you will receive a certificate that you can use to purchase any property suitable for habitation.
How to get cash compensation instead of land?
If you are not satisfied with the land plot or want to obtain a certificate for other reasons, you can do this through the local administration. What the whole procedure looks like:
- Collect documents, fill out an application and submit to the administration. You can do this yourself or entrust everything to a company that specializes in processing benefits. The cost of their services varies from 5,000 to 30,000 rubles.
- Wait for a decision on payments. On average, reviewing documents from citizens takes about a month, but the time frame can be increased if they are given time to correct errors and provide additional certificates, without which they will not be able to give an answer.
- Get a certificate. The document is issued in the same department of administration where the application was submitted.
- Find a property and buy it using the certificate, or pay off the mortgage.
Example No. 1: receiving money instead of land in Moscow
There are three children in the Yushchenko family, and immediately after the birth of the third child, the parents issued a certificate of large families. In 2016, they were on the waiting list to receive a plot of land, because... lived in a rented apartment and did not have the opportunity to buy it on their own.
In 2018, Yushchenko’s turn came, but he didn’t like all the options he proposed: either they were too far from Moscow, or the plots were located in swampy areas, where construction and living were not possible. Then the couple decided to submit documents for monetary compensation. The application was sent in September 2018, and in October they received a certificate. They were able to use it in December, when they found a suitable apartment.
Documentation
When contacting an administrative authority to obtain a certificate, you will need the following:
Name of the document Where to get it Validity period Application In the administration or download on the Internet Before submitting the Passport of all family members over 14 years old Civil Registry Office Before a planned replacement due to age, or before a change in full name. Birth certificates for children under 14 years old Civil Registry Office Before they receive a passport Certificate of absence of a court decision on deprivation of parental rights Guardianship authorities at the place of residence 1 month Certificate of family composition MFC 1 month Marriage registration certificate Civil Registry Office Not established
Payment amount
At the legislative level, the exact amount of payments is not established, because it depends on several factors:
- the cost of the site, instead of which beneficiaries want to receive compensation;
- number of family members;
- average cost per square meter in the region.
Having received a certificate, you can use it to pay off an existing mortgage, purchase an apartment or private house, build a home or extension, repair or complete reconstruction, or make a down payment on a mortgage.
Read also: Why do people get divorced: the main reasons for divorces in Russia in 2020
Features of the provision of land plots or compensation
When deciding to take advantage of the benefit, it is important to consider several nuances:
- If you have previously been deprived of parental rights, but subsequently gave birth to three more children, you are not entitled to privileges.
- Land plots are provided only to families who do not have their own property, but those who have a mortgage on their apartment can also receive cash compensation, and the funds must be used to repay the housing loan.
- The benefit is provided only once. If one of the spouses has already used it before, they will not be able to get it again.
“We plan to increase the amount of benefits for families with many children, as well as expand the territories in which they will be given free land plots. As for certificates for the purchase of real estate, they can issue them in the same way as before.”
S. Sobyanin, mayor of Moscow.
FAQ
Question No. 1. Do I need to provide proof of purchase of real estate under a certificate?
No. The money is transferred by the administration to the seller directly using the details specified in the application. It is submitted after beneficiaries have chosen a suitable apartment or house. The seller receives funds within 1-3 months.
Question No. 2. Is it possible to buy an apartment using a certificate and then sell it?
Yes, there are no restrictions in this regard, but people with many children need to coordinate all actions with the guardianship authorities, because Here we are also talking about the interests of minors.
Common Mistakes
Mistake #1. You can receive a certificate immediately, you just need to issue a certificate of large families.
No, money is awarded on a first-come, first-served basis and in some cases families have to wait several years.
Mistake #2. With the help of the state program, you can get a plot within the Moscow Ring Road.
No, land plots are usually allocated far from the Moscow Ring Road, because The main goal of the program is not only to provide children with many children, but also to populate abandoned areas with people.
Conclusion
In 2020, large families who have issued certificates through Social Security can get on the waiting list to receive plots of land or cash compensation instead. Reimbursement is carried out using a certificate, which is issued on a first-come, first-served basis.
It can be used to build your own home, pay off a mortgage or purchase real estate - it all depends on the wishes of the beneficiaries themselves.
It will not be possible to spend money on personal needs: the administration independently transfers funds to the seller after receiving the application; on average, it takes from 1 to 3 months to complete the transaction from the moment the purchase and sale agreement is concluded to the actual receipt of the money.
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Source: https://kompensacii.ru/mnogodetnym-semyam-vmesto-zemli-mogut-vydavat-dengi-v-moskve/
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Possibilities and grounds for receiving compensation for land plots
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.
Such an indifferent attitude towards the government’s decision has led to ambiguity in assessing the implementation of the program:
- 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.
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.
Most administrative legislative provisions do not provide for the purchase of compensation instead of a plot for individual housing construction if the family is not on the waiting list for municipal housing.
If a family has been waiting in line for several years, but has not gotten on the waiting list, one of the spouses can:
Features of getting an apartment
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 processing time 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.
Actions in case of refusal
The commission may make a decision based on a reasoned refusal. First of all, the reasons for refusal will be the legislative grounds of the region. As well as the reasons for refusal to receive a land plot or apartment for large families are:
- if the applicant is not on the waiting list for housing;
- if it is not registered in this region;
- if you lived in it for less than the established period;
- if you deliberately worsened your living conditions (sold your existing housing).
- These and some other cases allow for a motivated and conscientious refusal on the part of local authorities.
- If the rights of a large family are unlawfully violated, its legal representative in the person of one or both spouses can appeal to the district court at the place of residence.
- The statement of claim is accompanied by documentation that was provided for administrative consideration. And:
- an extract from the commission’s decision with a reasoned refusal;
- receipt of payment of the duty (300 rubles).
Based on a court decision, the claim may be recognized in whole or in part, or rejected. If the claim is rejected, it is permissible to appeal it in the regional court.
This is where the entire basic procedure for large families receiving an apartment in exchange for a plot of land or receiving money ends. Find more information on the topic “Free provision of land for large families” in our section.
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Source: https://myrealproperty.ru/zemelnyj-uchastok/besplatnoe-predostavlenie-zu/predostav-mnogodetnym-semyam/polucheniye-deneg-ili-kvartiry.html