A few years after the State Duma deputies adopted a law on the provision of land to large families, many citizens who fall under this category of beneficiaries not only became interested in this opportunity, but also managed to take advantage of it. However, despite the fact that such a legislative norm has been in effect for quite a long time, not everyone still knows how land is provided to large families. How to get a plot of land in 2017? What conditions must be met for a family to be allocated an allotment? What is an electronic queue for land plots for large families? How is land registered for large families? What is the law in 2020?
Receipt of land plots from a municipal or state fund occurs according to a procedure established by law that does not allow for discrepancies. Considering that there are always a lot of people who want to build a residential building on a freely allocated plot, the provision of land, bypassing open tenders, has long been carried out exclusively according to lists of beneficiaries. Among such citizens are families with three or more children. It does not matter whether these children are natural or adopted. The main condition is that the children have not yet reached the age of 18 at the time of submitting the application and are registered at the same address.
The right of large families to land
Back in 2011, special law No. 138 was signed by Medvedev, on the basis of which every large family has the right to receive land completely free of charge, which can be used for various purposes. It is even permissible to build a private house on such a plot, intended for permanent residence of a family. Land for large families is assigned not only to two-parent families, since even single fathers and mothers raising more than 2 children have the right to a plot. It does not matter whether the children are natural or adopted.
However, this amendment lost force in 2020, so only at the regional level are different conditions provided and established on the basis of which land is provided to large families. Some regional authorities apply many requirements to such families, and only if they are satisfied is it possible to receive a free plot. The most common requirement is the need to register families who need residential real estate.
The authorities of different regions determine exactly where the plots of land transferred to large families will be located, what their size will be, and also on what conditions they are transferred to citizens. The average size of such plots throughout the country is 8 acres. The maximum size reached 15 acres. Not all regions offer the opportunity to obtain a plot directly in the city, since in most regions land is allocated that is located outside the city limits.
Cash compensation instead of a plot: how to get it
It is not possible to receive money instead of a plot in all regions. The decision to introduce this compensation is made at the level of regional authorities. For example, in Moscow you cannot get money instead of land, but in St. Petersburg you can. But also not in all cases.
This compensation is called land capital. Instead of a land plot, it can be received by persons who applied for land for summer cottage construction (not individual housing construction or farming, please note!).
Persons who agreed to receive land capital receive a land certificate in the amount of 300,000 rubles. This money cannot be cashed out, nor can it be used for other purposes.
What are the requirements for large families?
The law on providing large families with a plot of land takes into account that in order to receive this plot the following most important conditions must be met:
- the family must have more than two children, and all of them must be minors;
- officially, all family members are required to live in the territory of the specific region in which it is planned to receive land, and certainly for the last five years;
- The parents in such a family must have an officially registered marriage if two people are raising children;
- A plot of land is issued only if the family no longer owns any land.
To obtain a plot, one of the parents must contact the administration of the region in which the family lives. Here a special application is written, to which some additional required documents must be attached. they may differ in different cities, but there are certain types of documents that are mandatory to obtain land.
Federal Law of June 14, 2011 No. 138-FZ
RUSSIAN FEDERATION 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 Adopted by the State Duma on June 3, 2011 Approved by the Federation Council on June 8, 2011 (As amended by the Federal Law of June 23, 2014 N 171-FZ) Article 1 Part 4 of Article 16 of the Federal Law of July 24, 2008 N 161-FZ “On promoting the development of housing construction” (Collected Legislation of the Russian Federation, 2008, N 30, Art. 3617; 2009, N 52, Art. 6419) shall be stated as follows: “4. State cadastral registration in connection with the formation of land plots of the Fund, other real estate objects of the Fund, the cessation of their existence or a change in the unique characteristics of land plots of the Fund, other real estate objects of the Fund or any specified in paragraphs 7, 10-21 of part 2 of Article 7 of the Federal Law dated July 24, 2007 N 221-FZ “On the State Real Estate Cadastre” information on the Fund’s land plots and other real estate objects of the Fund is carried out within no more than ten working days from the date of receipt by the federal executive body authorized to carry out state cadastral registration of real estate property and maintenance of the state real estate cadastre, or a state budgetary institution subordinate to this federal executive body, the corresponding application of the Fund on state cadastral registration." Article 2 Introduce into the Land Code of the Russian Federation (Collection of Legislation of the Russian Federation, 2001, N 44, Art. 4147; 2006, N 17, Art. 1782; N 27, Art. 2881; 2007, N 21, Art. 2455; 2008, N 30, Article 3597) the following changes: 1) Article 19 is supplemented with paragraph 5 as follows: “5. Land plots that are in federal ownership and land plots that are owned by constituent entities of the Russian Federation may be transferred free of charge to municipal ownership in order to provide them to citizens free of charge in accordance with Article 28 of this Code. Land plots that are in the municipal ownership of one municipal entity may be transferred free of charge to the municipal ownership of another municipal entity in order to provide them to citizens free of charge in accordance with Article 28 of this Code. Land plots that are in federal ownership, the property of constituent entities of the Russian Federation, municipal property, can be transferred free of charge to the ownership of constituent entities of the Russian Federation - the federal cities of Moscow and St. Petersburg in order to provide them to citizens free of charge in accordance with Article 28 of this Code."; 2) (Repealed - Federal Law dated June 23, 2014 N 171-FZ) 3) (Repealed - Federal Law dated June 23, 2014 N 171-FZ) Article 3 This Federal Law comes into force on the date of its official publications. President of the Russian Federation D. Medvedev Moscow, Kremlin June 14, 2011 N 138-FZ
Documentation
Land is issued to large families only after writing a corresponding application and preparing the following documents:
- copies of birth certificates of all people in the family who are minors;
- a copy of the marriage certificate, and this document should be brought only if a full family claims the land;
- an extract obtained from the house register, which indicates that all family members live in one place;
- certificate of family composition;
- a certificate issued by the guardianship office, which indicates that one or both parents have not been deprived of parental rights to their children;
- copies of parents' passports;
- If the family has not only born but also adopted children, they must bring copies of the relevant documents.
After submitting the necessary documentation to local authorities, the family must wait until a decision is made. If no requirements or rules are violated, then it is usually positive. As a rule, you can find out about it within 30 days from the date of transfer of documentation.
If a positive decision is made, the family is assigned a specific number, in accordance with which the land will be distributed. It is important to wait in line, after which you will only be able to get a plot. The time you have to wait for these purposes may vary, and it differs significantly in different regions of the country. As a rule, this takes no more than one year.
What to consider when receiving an allotment for a large family
The question of whether it is possible to sell a plot after it has been transferred for the construction of a house to a large family is very complex and controversial - since the presence of minor children significantly complicates any alienation of real estate. Theoretically, citizens can sell the plot provided to them even next summer after receiving it.
However, here it should be taken into account that the land is transferred to beneficiaries not for ownership, but for use - with the condition that the owner of the plot builds a residential building on it within 5 years after receiving it. Only after the house is put into operation can the plot and building be transferred to private ownership and sold.
When selling a house in which minors are registered, you must also take into account the fact that children cannot be discharged “to nowhere” - before the alienation of real estate, they must be registered at a different address. If such an address exists, the guardianship authority will not be able to give permission to discharge children if the living conditions in the new apartment or house are noticeably worse than in the premises where they previously lived. This includes a smaller square footage of living space, fewer rooms, and a lack of sanitary and hygienic amenities. It is possible that registration of land for a large family may take quite a long time, which is due not only to the lack of free plots, but also to a large number of other beneficiaries. Therefore, applicants for land registration will probably want to look at the queue they are in and find out their current place in it.
Read also: Classifier of types of permitted use of land plots
Unlike previous years, when changes in the priority order for housing could only be found out by personally contacting the municipality, in 2020 there is a more convenient service - an electronic queue for land for large families. In most municipalities, such a queue is available on one of the special pages of the local administration website, which makes the information available at any time.
Conditions for granting land
Law No. 138 Federal Law indicates that land can be issued to a large family for completely different purposes. It is possible to build here a full-fledged dacha or even a residential private house. You can do gardening or raise farm animals on your property. Most often the land is used for farming. The decision regarding the use of land must be made by a large family in advance, and it is indicated in the application for a plot in order to receive an object that will be intended for certain tasks.
A large family can count on only one plot, and it will be located in the region in which it lives. It is allowed to immediately sell the plots or begin the construction process on them. You can refuse the land if it does not suit people according to various parameters, after which an application for another territory is submitted again.
Is it possible to become the owner of a plot?
The answer to this question directly depends on the intended purpose of the allocated area. So, if it is allocated for individual construction of a residential building, then a lease agreement is drawn up with its subsequent transfer into ownership after the complete construction and registration of the house.
If we are talking about land provided for farming, then it immediately becomes the property of a large family.
The sale of such a plot is possible, but only after receiving documents stating that you are the owner of the specified territory.
Do not forget that inappropriate use of the site may lead to its seizure by the state back into its ownership. For example, if a site intended for a house is used for growing fruit trees, and the norms for building a house are not met, the site can only be taken away by a court decision.
Thus, if you are a large family and decide to build a private house or engage in farming and gardening, the state will meet you halfway. You can become a participant in a government program, under which your family will be allocated land for construction and cultivation of crops free of charge, or, if possible, compensation in cash for the inability to exercise your right.
Reasons for refusal to issue land
A large family does not always receive a positive decision regarding obtaining a plot of land. Refusals must only be objective and justified, and most often they occur in the following situations:
- provision of unreliable or deliberately false data in the application, for example, one of the family members has foreign rather than Russian citizenship, and this fact must certainly be indicated during the application process for receiving land from the state;
- transfer of only part of the documents, and not all the required documentation;
- The family has previously received a plot of land, so it does not have the right to claim another land.
Additionally, there may be other reasons for refusal, which are prescribed by local legislation. However, an important point in obtaining land is the provision of accurate and reliable information about the composition of the family and its other parameters.
Registration process
The law on the provision of land plots to large families allows almost any citizen who falls under the category of beneficiaries to apply for the allocation of a plot of land for construction. If there are any difficulties with its provision, a possible solution to the priority problem is to issue a warrant for an apartment or financial compensation.
How to get land according to the available benefits? Plots for large families are allocated based on the submitted application and provided documents (identification and confirming the right to receive a preferential allotment, etc.). As a rule, no one encounters any particular difficulties when collecting certificates - the main thing is that the family meets the requirements. Citizens can easily draw up the necessary application on their own - it does not differ in any way from the usual application for the allocation of municipal land. The only condition: the text of the application must indicate the availability of benefits and the fact that the land is required exclusively for the construction of a house for a large family.
Read also: Innovations in the law on the turnover of agricultural land
In most cases, an application requesting the allocation of land is written in an approved form. When contacting the land department, the applicant will be provided with a form of this document for photocopying and subsequent completion.
It is important to take into account that beneficiaries cannot, on their own initiative, choose a location for the future construction of a house - land for large families is provided at the discretion of the local authorities. It may seem that such a rule is a significant disadvantage, but if you consider that all other applicants for land who do not have benefits will be forced to buy it at auction, and a large family receives a plot for free use, the advantages are obvious. Moreover, after the construction of the house, the allocated plot can be purchased at the cadastral price.
