The land grant program is in demand by few large families. This is due to the fact that the plots are not provided with the best location, and there are no funds to put the area in order and build a house. Therefore, in some regions money is provided instead of land to large families.
Features of the program
Compensation may be provided to married couples raising three or more minor children. They must be registered for receiving land intended for housing construction. The money can be used to purchase a plot of land in a suitable location, build a house, make a down payment or pay interest on a mortgage loan.
The possibility of replacing a certificate is established at the regional level. Budget possibilities and a small number of suitable territories in state ownership are taken into account. The following requirements are established:
- raising 3 or more minor children;
- permanent registration in the territory of the subject where the plot is located;
- lack of ownership of other land;
- officially registered marriage.
For reference! By law, plots must be provided in the city of residence. But this opportunity is not always available, so they are allocated to areas with poor transport accessibility and lack of communications. This is why many people prefer a certificate.
The provision of sites and certificates is carried out on the basis of the following legislative acts:
- Federal Law No. 138 of June 14, 2011 “On promoting housing construction”;
- Federal Law No. 136 of October 25, 2001 determines the list of grounds for providing assistance.
When a family is not on the waiting list and there are grounds for receiving a plot, you can sign up. To do this, one of the spouses applies to the district administration or submits a request via the Internet. As soon as notification of inclusion on the list is received, you can apply to an authorized person to receive payment.
Legislative issue
All issues regarding the determination of the status of large families, as well as the provision of preferential benefits for such categories of citizens, are regulated by current regulatory documents.
The fundamental legislative act is:
- Federal Law No. 138 of June 14. 2011 “On promoting the development of housing construction” - determines the right of large families to receive subsidies for land plots for individual housing construction. Such state support is designed to improve the living conditions of needy families without significant costs on their part.
The latest approved amendments to the above-mentioned law allowed beneficiaries to choose in what form to receive preferences: in the form of a subsidy in the form of a land plot, an apartment, or cash assistance from the state budget.
In addition, this Federal Law contains restrictions in relation to program participants:
- The size of the land plot should not be more than 15 acres;
- A family that received living space through inheritance or gift procedure cannot apply for participation in the state program.
The approved amendments to the above-mentioned law allowed beneficiaries to choose in what form to receive preferences
Reasons for changing the form of assistance
Due to the characteristics of some territories and regions, they began to provide money for land to large families. The main reasons relate to the following:
| Lack of suitable areas | There are regions where there are no conditions for the provision of suitable free territories. Usually they are not suitable for private construction and are located next to industrial facilities. Also, there may be no land within populated areas or it may be located far from the main place of residence. |
| The allocated area has already been developed | It could be provided on land that was privately owned or developed illegally. In the latter case, demolition of the house and outbuildings is not always financially justified. Therefore, it is cheaper to provide compensation to a large family. |
| Lack of infrastructure | Most people cannot build a house in a place where there is no hospital, kindergarten, store or school. In addition, transport links in such areas are poor. |
As a result, the issuance of a certificate becomes compensation for a reasoned refusal of the allocated plot. But it is allowed only for the reasons listed above.
Algorithm for obtaining a plot instead of an apartment
If you are already in line to receive a land plot as a large family, but have not yet received it, then you need to go to the executive committee of the local administration and write a statement that instead of a land plot you want to get an apartment.
If you are in line for housing and have not previously been in line for a land plot, write a statement stating that you intend to solve your housing problems by getting an apartment instead of a land plot.
If you do not have the status of a low-income family or a family in need of housing, then you will receive it in the same way by writing an application for participation in the program. Your status must be confirmed by the availability of relevant documents.
documents must be submitted:
- passport;
- certificate of marriage (divorce);
- children's birth certificates;
- documents proving that you have lived in this region for more than 5 years.
In addition to these documents, by decision of the commission, other documents confirming the family’s material standard of living , for example:
- income certificate;
- documents on the characteristics of the living space.
With these documents (and their copies), you need to go to the executive committee and submit an application. For registration, payment of any fee is not authorized by federal law until the apartment is presented to you.
The application is written in the name of the responsible person, indicating his position, surname, and initials in the form established for writing applications.
If your region has adopted a standard application form , then you will be given an application form, which you fill out point by point.
If a free form , then the following writing scheme can be taken as a sample:
- in the upper right corner write the position, surname and initials of the head of the local administration;
- below – your details with address;
- in the middle of the sheet the name of the document: “application”;
- explain the purpose of submitting the application: obtaining an apartment instead of the required land plot;
- justify your request by the fact that you are the head of a large family that is entitled to a plot of land;
- provide a list of documents attached to the application and confirming your right to receive a land plot;
- put the date and signature (with transcript).
The time frame for consideration of your application by the administrative commission may be set at the local level. As a rule, they should be no more than 30 days from the date of application.
In any case, you will be notified when you will need to come forward to receive decision information. On the day appointed for you, you need to come up to receive a decision , which can be either positive or negative.
If the decision is positive by the administrative commission, you will be placed on administrative records as an applicant for an apartment.
If you are refused , then the reason for the refusal must be justified and properly documented as an extract from the commission meeting.
Please read the document carefully.
You may need new documents to prove your right to claim . In this case, continue to follow the same algorithm, but taking into account the comments made.
If you believe that the arguments presented in the refusal are insignificant , then within 10 days from the date of receipt of the commission’s decision, you can appeal it in court . If you are refused on the basis of legal regulations, you must accept the refusal .
Basically, refusal to participate in the program is received for the following reasons:
- if the family is not low-income and housing documents confirm the family’s acceptable situation;
- if one of the family members does not have Russian citizenship;
- if parents are deprived of parental rights or have limited rights to the child (children);
- if the family has lived in this region for less than 5 years;
- if living conditions are intentionally worsened.
The reasons for refusal may include others that will be presented to you in the decision of the commission meeting on the issue of allocating an apartment instead of a land plot.
The nuances of registering and obtaining an apartment will be related to the specifics of decisions made on this issue locally.
It should be noted that few regions have formed the structure of this procedure. However, without agreeing with each other, most regions put forward the condition of “need” or “acute need” as a priority.
At the discretion of the regions, the conditions for receiving assistance may have variations.
For example, preferential placement in the queue for an apartment, the allocation of a larger apartment to replace the one in which the family is located today.
There is even a program for preferential provision of building materials , provided that the family chooses a site for individual housing construction. Some administrative entities offer mortgage loans on preferential terms.
Consider all the benefits that will be offered to you and then make a decision based on your options .
Compensation amount
To apply for compensation, you must be in the general queue for land. In addition, the base must be preserved. To do this, the status of the poor is confirmed, for which income certificates are provided. It is necessary to confirm the absence of other plots in the property.
If the financial situation has improved significantly, they are removed from the queue. The provision of compensation is of a declarative nature. Therefore, you need to submit an application to the head of the administration to participate in the new program, if it is available in the region.
Attention! If consent to compensation is not stated separately, applicants remain in line to receive a plot. Information can be obtained from an employee in the administration so that you can take the form and submit the documents correctly.
At the legislative level, compensation in lieu of a land plot to large families in the form of a certain amount is not fixed. This means that the size is determined by local authorities in accordance with budgetary capabilities and the cost of land in the region.
How to apply for compensation for land: instructions
The terms of the program, requirements for participants, as well as information about the right to compensation instead of a land plot should be obtained from the local administration.
Each region sets the list of documents for providing EDV independently. You will definitely need:
- application for compensation;
- parents' passports;
- children's birth certificates;
- documents confirming the purchase of real estate (for example, purchase and sale agreement, mortgage agreement);
- certificate of a large family;
- details for transferring funds.
Documents must be submitted to the local administration or property relations department. In some regions, this can be done through the regional government services portal or MFC (for example, in St. Petersburg).
The decision to provide a one-time cash payment is made within 20 working days. Within 10 working days, the authorized body sends a one-time cash payment by non-cash transfer of funds to the seller or credit institution, depending on the chosen direction of spending the funds.
After the family receives compensation, it will automatically be excluded from the queue for the provision of a land plot.
Attention
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Algorithm of actions
To obtain a certificate instead of a land plot for large families, it is important to follow a certain sequence of actions. First you need to prepare a complete set of documents.
A statement is prepared addressed to the manager, which precisely indicates the purpose and justification of one’s rights. It includes links to the following:
- living conditions;
- status of a large family;
- poverty;
- cost to be paid.
To determine the cost, it is necessary to conduct an assessment by a specialist or accredited organization. For this purpose, a separate act is prepared, where the appraiser indicates the average market value of the land in accordance with the main characteristics. The presence of communications and infrastructure is required, the permitted use for individual construction is taken into account.
The following documents are attached to the application:
- the applicant's civil passport;
- Marriage certificate;
- children's birth certificates;
- passports for the child, if they are already 14 years old;
- confirmation of low income;
- an extract from Rosreestr confirming the absence of other plots of property;
- data on the need to improve housing conditions.
Important! Cash compensation is provided only once. If one of the spouses already received land in a previous marriage, they can no longer claim payment.
Large families may be given money instead of land
In some regions, instead of a plot of land, a family has the right to choose monetary compensation. This measure is widespread in regions where there is a shortage of available land.
For example, in Moscow there are no land plots for large families at all, but you can receive monetary compensation for the purchase of housing. The amount varies in each region, on average from 200 to 250 thousand rubles. And in St. Petersburg, a large family can receive a certificate for “land capital” for dacha construction (in 2020 its amount is 369,779 rubles).
A one-time cash payment (LCP) to large families instead of a land plot is provided in:
- Amurskaya;
- Orenburg;
- Vologda and other regions.
From January 1, 2020, payments can be received by families from:
- Leningradskaya;
- Novosibirsk;
- Murmansk regions.
The amounts of compensation, as well as the procedure for receiving them, are different in each subject. Laws that regulate the provision of free land plots for large families or the payment of compensation can be viewed on the website of the local government (for example, on the website of the Perm city administration there is an entire section dedicated to the provision of land plots to large families).
Opt-out options
If the administration refuses to provide payment, this does not mean that there is no chance of receiving a certificate. Written notice on official letterhead stating the reason is always provided. Typically, refusal occurs for the following reasons:
- the applicant is not registered to receive a plot;
- insufficient period of residence within the subject (established by regional authorities);
- lack of registration at the place of residence;
- documents have not been submitted in full;
- bases are missing or have disappeared;
- The information in the application does not correspond to the documents submitted.
Land plots for large families in 2020, is it possible to get an apartment instead of a plot?
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.
- number of members of a large family;
- accounting standard for living space (18 sq. m for each person);
- the average market value of 1 square meter of housing, approved once a quarter by the Ministry of Construction of the Russian Federation (in Khanty-Mansi Autonomous Okrug is 42,204 rubles for the fourth quarter of 2020);
- period of residence in the region (the maximum amount of payment can be received subject to residence in the Khanty-Mansiysk Autonomous Okrug for 15 years or more).
We recommend reading: Birth Certificate What Documents Are Needed 2020
Certificate through court
If the administration refuses to provide compensation without reason or under a flimsy pretext, you can file an application with the court. One or both spouses act as plaintiff. You can also send a representative who will act on the basis of a notarized power of attorney.
It is necessary to prepare a claim and documents used to support your case. The following is attached to the claim:
- an extract from the commission’s decision with a refusal;
- receipt of payment of state duty in the amount of 300 rubles;
- documents - grounds confirming the status of the poor;
- information about the lack of land ownership.
The statement of claim is drawn up in 3 copies - for the court, the defendant and the plaintiff. The requirements are satisfied in whole or in part. If the claim is considered unlawful, the judge will refuse to consider it. In this case, the decision can be appealed to the regional court.
If the court decision is positive, you must wait a month, after which it comes into force. The document is stamped and signed by the judge. Then you need to contact the administration, where they can no longer refuse to issue a certificate.
Thus, a large family has the right to receive a certificate instead of the required land. But this option is not available in all regions. To clarify this information, you must contact the administration at your place of residence.
Procedure for receiving money
In order to receive money, you will need to submit an application to the local administration with a request for the allocation of funds. It is advisable to immediately indicate the purposes for which they will be spent. You must also provide the following documentation:
- Copies of the main pages of civil passports, as well as stamps on the official registration of marriage.
- Copies of the birth certificate for each child.
- If the children are adopted, then a certificate confirming the establishment of guardianship over them.
- A certificate from the guardianship authorities, which must confirm that there has been no deprivation of parental rights in relation to at least one child.
- Certificate from the passport office about family composition.
- Confirmation of registration in a given region (extract from the house register).
- Certificate of marriage.
- A certificate stating that the family lives in difficult conditions or is recognized as poor.
The application must be pending for no more than one month . If the decision is made in favor of a large family, the amount of money will be transferred to the required bank account.
An important point in drawing up an application for compensation is the fact whether the family is on the waiting list for land. If not, then it is necessary to find out the reasons and eliminate them, otherwise compensation may be denied.
IMPORTANT! If the family does not independently agree to receive monetary compensation, then it will remain in the general queue to receive free land.
