Money instead of land for large families. Requirements for citizens

In the spring of 2015, some provisions of the Land Code changed in our state. They state that the decision to extradite land plots large families are accepted by regional legislative authorities. In addition, legislators of the constituent entities of the country can approve or reject the additional requirement of a large family to replace a plot of land with an apartment. And in 2016, many regional legislators decided to issue monetary compensation, which will be used to purchase housing. Moreover, the amount issued in lieu of a land plot must correspond to real estate prices in the given region.

Who is entitled to land or monetary compensation?

The location of land plots, terms of provision or amount of monetary compensation are determined regional authorities local authorities. Typically, the size of allocated land varies from 6 to 15 acres and is provided within the city. In subjects such as St. Petersburg and Moscow, plots are allocated to the region due to the lack of available plots within the city. Therefore, many large families from these regions choose monetary compensation.

A plot of land or monetary compensation is awarded to families:

• residing and registered in the territory of the recipient for at least five years;
• having three or more children;
• with a registered marital relationship (except for cases where the parent is a single parent);
• not owning another land allotment.

Depending on the subject of the federation, the basic conditions outlined above may be supplemented by other requirements.

Documents required to receive an allotment or money

To exercise its right to receive a land plot or money, a large group of society needs to contact the municipality at the place of registration with an application and a package of required documents. Sample list is the same everywhere, but may differ slightly in each specific region:

• for two-parent families, a copy of the marriage certificate will be required;
• copies of the birth certificate of all minor members of a large family;
• a document (extract from the house register) that confirms the registration at the place of residence of the entire large family;
• copies of parents' passports;
• certificate of composition of a large family;
• paper from the guardianship and trusteeship authorities about non-deprivation parental rights;
• for families with adopted children, you will need to provide papers proving the fact of adoption;
• a certificate from the guardianship and trusteeship authorities stating that the fact of adoption has not been canceled.

The process of registering to receive land or funds

After submitting all the required papers, the municipal authorities at the place of residence make a decision on whether to place the family on the waiting list or refuse. According to the law, officials have a limited time to make a verdict; it is 30 working days. Here, too, everything depends on the region. In some, especially advanced ones, the processing time takes only three days, while in others, you have to wait all thirty. After this, the large cell of the society is assigned a serial number, since allotments or compensation are issued in strict accordance with the queue. It is worth paying attention to an important fact: the law determines the maximum waiting period for a plot or money; it should not exceed a year from the date of receipt of the priority number.

The purposes for which the land is provided may be different:

• country house or housing construction;
• gardening and horticulture;
• livestock farming;
• farming;
• much more.

Cash compensation is issued with one condition - the improvement of living conditions or the acquisition of missing housing. Legislators introduced such an initiative after they saw in practice that many large families did not have the funds to build housing on the land plot received under the program. After all, many citizens with many children cannot get a loan for construction, and they do not have the opportunity to erect a building with their own money.

It should be emphasized that land allotment or monetary compensation can be issued only once. Geographically, land received by citizens with many children must be located on the territory of the municipal district in which the family is registered. The resulting plot can be sold by the family at its discretion. In cases where the future owner is not satisfied with the allotment for some reason, he may refuse to receive it, but then he will have to get in line again. But this is only if you definitely want to get land.

Reasons for refusal to receive land or monetary compensation

The main reason for refusal municipal authorities large families receive incorrect information when receiving money or land. And the second most important factor is the move of citizens with many children to live in another subject of the federation or a change of registration within their region.

For residents of Moscow, the fact of inconsistency between the federal and local legislation. Families with many children cannot obtain an allotment for the construction of a dacha due to discrepancies in regulations. The law instructs municipal authorities to put families on a waiting list to receive an allotment. And the resolution “On the powers of territorial bodies executive power"prohibits capital prefectures from allocating land for gardens and summer cottages on their own. It turns out vicious circle. It seems that according to one law they must allocate land, but according to another act they cannot do this.

Choose which one provided by the state It is up to the members of the large family themselves to receive the benefits. If they have the opportunity to build a house or organize a farm to generate income, then why not lean towards land allotment. But in the case when there is no money for construction and development of the site, it is worth improving living conditions due to compensation social payments. In any case, the large unit of society will not be left deprived, and the state program will be implemented. Don’t forget about the opportunity to get an apartment instead of a plot or money, which will also not be superfluous for a large family.

Last updated March 2019

Large families can receive a plot of land from the state forever and free of charge. However, the federal law decided not to make happy all large families, but only those that satisfy certain conditions, and also - who take responsibility for building a house on this territory or doing farming, gardening, etc. Read more about who can apply for land plots for large families in 2019 and what procedure they will have to go through.

What law regulates the provision of land plots to large families?

The federal law on the provision of land plots is called Federal Law No. 161 of July 24, 2008 “On promoting the development of housing construction" The last changes were made to it on June 23, 2016.

In some sources you can find information that this law has the number No. 138-FZ and was adopted on June 14, 2011. However, the law of 2011 contains only three articles, which supplemented the law already existing since 2008 regarding the free provision of plots.

Federal law contains general provisions, which are specified by laws at the level of federal subjects. They specify:

• Queue order;
• Reasons for refusal to apply;
• The procedure for granting land plots;
• Sizes of plots, etc.

Below are examples of such existing acts by region.

Which family is considered to have many children under the program?

First of all, one with three or more children. In this case, not only natural children are “counted”, but also:

• stepsons/stepdaughters;
• adopted children.

Moreover, “family” in this case includes both full-fledged and single-parent families. However, in the latter case, the parent must have the status of “single”: single mother, single father.

The marriage between parents must be registered. Civil marriages are not taken into account, but then you can try to apply for a plot of land on the basis that the parent is a single mother/father and is raising three or more children.

What conditions must a large family satisfy?

In general terms, the conditions for providing a plot to a large family are as follows:

1. All family members must live together and be registered at the same address.
2. The period of registration at the address in the region where the family wants to receive an allotment must be at least 5 years. Although in some regions this qualification has been reduced. For example, in the Belgorod region it is 3 years.
3. The age of children must not exceed 18 years. Although there is an exception: children under 23 are also taken into account if they study and do not officially work.
4. All family members are citizens Russian Federation(TRP and residence permit statuses do not count).
5. Spouses should not own land (each region approves its own area norm) and housing other than the one in which they live.
   And if you are applying to receive a plot in the Moscow region, then you should not have carried out transactions for the alienation or division of land plots with an area of ​​more than 0.06 hectares since the entry into force of the Law Moscow region dated 06/01/2011 N 73/2011-OZ, that is, from July 11, 2011.
6. Number minor children in a family - at least three.
7. Parents have never been deprived of parental rights, children are not in shelters or orphanages.
8. Children must be supported by their parents. If they are supported by the state (or at least one of them), participation in the program will be denied.

Note! All family members must be registered at the same address for 5 years (this period is primarily considered as a criterion for settlement by regional authorities. However, in some constituent entities of the Russian Federation it is 3 years). If someone is registered separately - at least even 1 child (although the child is registered together with the parents, which means that one of the parents is also registered at a different address) - it will not be possible to apply for participation in the program. In addition, you will also receive a plot within settlement where you live.

What documents will you need to prepare?

The general list of required documents looks like this:

1. Application for the provision of a land plot. It has a set form. The administration will give you a form. There should also be a sample form there. If not, ask an employee to help you. In principle, there should not be any particular difficulties. The most important thing is to indicate the purpose of providing the land plot (for individual housing construction or summer cottage construction, farming or gardening), as well as the basis for receiving the benefit - your “large family”.
2. Passports of both spouses. The originals are needed only for identification when submitting, and in shared folder Copies of documents are submitted.
3. Birth certificates of children. Again, you need to bring the originals with you when submitting, but copies are required.
4. Marriage certificate. Copies are provided, the original is for authentication.
5. Extract from home book. She confirms the fact cohabitation families. You can get it from the housing office, homeowners' association or management company, and also apply through the State Services website.
7. Extract from the Unified State Register of Real Estate (USRN) State Register real estate). Previously, an extract from the Unified State Register was required, but as of January 1, 2017, this register was abolished and all information from it was transferred to the Unified State Register. Now such an extract can be obtained from the offices of Rosreestr and Cadastral Chamber, MFC, and also - apply online on the Rosreestr website.

Documents that may be required in certain situations:

1. Certificate of change of surname, name, patronymic, certificate from the registry office of previous marriages. If the parent's last name in the passport does not match his last name on the birth certificate and other similar situations.
2. Help from the Office of the Federal Migration Service for your region. If your passport does not contain information about your place of registration.
3. Certificate of form No. 4 or No. 25 from the civil registry office, certificate/court decision on divorce, death certificate of one of the spouses, certificate of paternity. If the applicant is a single mother or father.
4. Certificate confirming full-time study. If the family has adult child who has not reached 23 years of age and is studying in a general education institution.

Sizes of plots provided

Each region sets its own limit on the size of a land plot, which can be provided free of charge to families with many children. Usually it varies from 6 to 15 acres. Below is comparison table, reflecting these indicators for some regions.

The procedure for granting land plots into ownership

As mentioned above, the procedure for implementing the program is established at the level of each region by separate legislative acts. And although their positions are in many ways very similar to each other, there are still differences, so if you create some kind of average order, it will certainly be inaccurate and unreliable.

Below we will look specific example, telling how large families in Moscow can get a plot of land. There will be no fundamental differences from other regions. You just need to open a local legislative act and insert current data, for example, regarding the norms for the provision of land plots.

Grounds for provision

The basis is being registered for the purpose of providing a land plot.

This seems to be an elementary condition, however, as practice shows, many do not understand that land plots are provided on an application basis. That is, if you do not submit the appropriate application and the above package of documents, the competent authorities simply will not be aware of your “large family” and “need” for land.

Also, a large family must meet all the conditions listed in the section above.

Land plots are allocated to large families for construction based on the decision of the authority local government.

Where to submit documents?

Documents along with the application are submitted at your choice to:

1. committee of the local government/administration body dealing with land issues;
2. territorial office MFC or through its website;
3. through the Gosuslugi website.

Any other person can submit documents instead of a parent. This is especially true for single mothers with many children who have limited free time. To do this, you must write to the name trustee notarized power of attorney and provide it along with other documents.

How do you know if you have been registered?

During 30 days from the moment your application was registered and documents were accepted, you should receive a postal notification by registered mail about the decision made or motivated refusal.

Often such a notification arrives within 3 days, unless of course we are talking about Moscow or St. Petersburg.

Possible reasons for refusal

Registration may be refused for the following reasons:

• a large family does not meet the conditions for the benefit;
• the documents provided or the information in them turned out to be unreliable;
• The applicant had previously received a free plot of land on preferential terms.

However, officials are also people and can make mistakes. Therefore, if you doubt the legality of the refusal, we recommend that you appeal the refusal.

Example: Chelnokova S., being divorced, is raising 3 minor children on her own. She submitted an application to the Sochi city administration to provide her with a plot of land as a single mother with many children. She was refused on the grounds that her ex-husband even before marrying her, he received a plot of land from the state as a military man. Chelnokova S. appealed the refusal to court and was registered because the administration’s refusal was considered unlawful. The fact is that, firstly, property acquired before marriage is not the joint property of the spouses, and secondly, Chelnokova’s ex-husband is not a member of her family, and therefore the fact that when he received the plot has nothing to do with the applicant .

How to appeal a refusal to register?

The refusal can be appealed in a general court within 3 months from the moment you received it, that is, from the day you signed the postal notification of receipt.

Can they refuse to provide land after registration?

Yes they can. The applicant will be deregistered if:

1. He or any of the members will be deprived or renounce Russian citizenship.
2. The family or at least one of its members will move to live outside the Moscow region.
3. Parents will be deprived of their children or have their parental rights limited.
4. He will buy, receive as a gift or inherit a plot of more than 0.06 hectares in the Moscow region.
5. He will write an application for deregistration himself.

You should receive an email notification that you have been deregistered. You can also appeal this decision in court.

When can I expect to receive land after registration?

After registration, the family is assigned a serial number. All information regarding the order of provision of plots is open and posted on the administration websites. Using your serial number, you can see how many people in front of you have already received plots and approximately how long you still have to wait.

The federal law establishes the deadline for the provision of land for regional authorities - this is a year from the date of registration of a large family.

In fact, in densely populated areas such as St. Petersburg and Moscow, the program is often suspended due to a lack of available land. Where there are no problems with the land, a plot can be issued within a month from the date of registration.

Land Grant Program: Implementation Stages

After the applicant is registered, the administration begins its work.

Stage 1. Formation of lists of land plots that are subject to free provision to large families. Anyone can view them on the administration website. They are subject to mandatory publication. No later than 5 working days from the date public offering list, everyone who is registered must be notified about when and where the site selection will take place.

The administration can notify in 2 ways:

• By delivering the notice in person against signature;
• Direction registered letter with notice.

You can get acquainted with information about the allocated plots not only on the website, but also directly in the administration.

Stage 2. Selection of a site from the list by registered citizens. This stage should begin no earlier than 20 working days from the date of publication of the list of sites, so that citizens have time to familiarize themselves with the information. On the appointed day at a clearly regulated time, interested citizens must appear at the administration to select a site. Arriving participants are asked to choose a site in order of priority.

If persons refuse the proposed plot, this is not grounds for deregistering them.

Stage 3. Submission by citizens to the administration of an application for prior approval provision of land ownership free of charge. This must be done within 10 days from the date of site selection. Persons who did not do this on time, as well as those who were notified of the choice and did not appear for the procedure, are considered to have refused the land plots provided for the choice.

Stage 4. The administration makes a decision on preliminary approval of the provision of a land plot.

Stage 5. Carrying out cadastral work, which is organized at the expense of citizens. They include a topographical survey of the area to obtain a diagram of their plot, which is then approved by the architecture department. This procedure lasts up to 2 months. After this, land surveying is still carried out.

Stage 6. Implementation of state cadastral registration.

Stage 7. Submission by citizens who are already registered of an application for the provision of a plot.

Stage 8. The administration makes a decision on the provision of land. After citizens have submitted an application for the provision of a site, the administration makes a decision on the provision of the site within 14 days. Subsequently, an agreement on the transfer of the site is concluded between the municipality and the recipient of the site (it can be of a different nature - more on this later).

Queue for a land plot for large families: is it possible to speed it up?

In some regions, land is given priority to those large families who:

1. Are registered as in need of residential premises;
2. They include more than 5 children;
3. Which includes a disabled person (it doesn’t matter - a child or an adult).

Check with your local administration to see if similar benefits apply in your region. In this way, you will be able to avoid tedious waiting in line, and your need for a plot of land will be satisfied first.

Can they take the plot back?

Yes, but it’s not the administration, but the court. And then only under a number of conditions. For example, if the purpose of obtaining a plot was to build a house, but the house was never built, the administration can sue such a large family.

How to register a allocated plot of land as your property

It all depends on the purpose for which the site is provided. Today the following practice exists:

1. If a plot is allocated for individual housing construction, it is formalized by a lease agreement with subsequent provision of ownership. After a family builds a house and registers ownership of it, it has the right to apply for a free plot of land and a certificate of ownership of the house to the same administration that provided the plot. Within a month from the submission of such an application, the administration must enter into an agreement with large family on the gratuitous transfer of land into ownership.
2. If a family is given a plot of land to engage in farming, gardening, etc., an agreement is immediately drawn up gratuitous transfer ownership of a plot of land (without rent).

Is it possible to sell a plot provided by the state to a large family?

Yes, it is possible to sell a plot received from the state, but only after it has been registered as ownership. If, for example, you received land for individual housing construction and you only have a lease agreement in your hands, you will not be able to sell the land.

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.

If you have questions about the topic of the article, please do not hesitate to ask them in the comments. We will definitely answer all your questions within a few days. However, carefully read all the questions and answers to the article if you similar question If there is a detailed answer, your question will not be published.

Citizens who have three or more children in a family can independently choose one or another method state support provided for legislative level. Among all the types of assistance provided, the first place is always the question of obtaining free real estate, namely: “Can I get an apartment instead of a plot of land”? First of all, you need to carefully study the necessary regulatory documents, which provide in detail information about obtaining a plot of land or an apartment for a large family.

Legislative regulation of the issue

Back in 2011, Dmitry Medvedev signed a law according to which large families can receive a plot of land for building real estate and for running a household. Any actions with the received site are controlled.

All citizens need to be prepared for the fact that they will not be able to get a new plot of land in a short period of time. This is primarily due to the large queue.

In 2011, a program was also developed at the legislative level that is aimed at large families, namely through the issuance of land plots ().

Although in practice, the initial version of this preferential program needed serious improvement. Various changes were made to it, which led to the simplification of this issue. In 2015, the law was seriously amended, after which free land plots or apartments for large families are now provided only in the regions and at the expense of the regional budget.

Of course, an apartment for many children instead of land is the best solution. Moreover Residential Properties allocated from the budget of the region in which the family has lived for more than 5 years.

To take part in this program, a large family should not take any actions at all, which resulted in a worsening of living conditions, for example:

• the housing space was not sold;
• land was not sold;
• No third parties were registered in the apartments.

In order to be able to take part in this program, thereby choosing between housing space and land, it will be necessary to officially confirm and recognize that the family really needs to improve their living conditions.

You can always consult this issue with experienced lawyers, receiving advice, learning about the essence of the program and its details. The specialist will give you an algorithm of actions that must be followed; you will receive the latest innovations of the law that will allow you to solve your problem.

It is important to add that those families whose living space at the time of recalculation turned out to be completely less than acceptable according to sanitary standards can always take part in the program.

You should always remember that the conditions relating to the implementation of the program in a particular region will have their own characteristics, and as for the basic criteria, they are always general.

It is important to understand that apartments instead of land for large families in 2019 are acceptable only if certain factors are taken into account. Here they are:

• You can always count on participation in this program if the family does not own its own home. This can also include those persons who are owners of housing space, but which is completely smaller in size than required sanitary standards. Therefore, if there is an apartment, people with many children will not be given land;
• if the premises in which a large family lives are in disrepair, then naturally they can count on receiving residential real estate;
• When a family has lived in their region for five years, they can count on receiving housing as citizens of the Russian Federation.

Answering the question: “Can large families get an apartment instead of a plot of land,” the answer here is clearly positive.

At the moment when a family wants to get an apartment, it will be necessary to register with the executive committee of the municipal administration of your area. This is the most important condition that must be strictly observed. Moreover, at the moment of receiving a plot of land, a citizen drops out of the queue for housing space, this leads to the fact that he automatically loses the right to join the queue for an apartment if such a desire suddenly arises.

Therefore, you need to consult with a lawyer to understand in what cases large families will be able to receive land, a plot or an apartment in 2019. After all, the local specialist will always give detailed answers to any questions you may have.

Algorithm for obtaining an apartment instead of a plot

When a large family decides to take part in this preferential program, or perhaps it is already registered there, but the land plot is not allocated, then you need to contact the local administration for help. As soon as you do this, you will be required to write a statement in which you need to indicate that instead of land you want to get an apartment.

It is important to consider the situation: if you are in line to receive residential real estate, but are not registered at all in the program for receiving land, then in the application you will need to write that you are solving the housing problem and need to get housing.

Applications are accepted to be written to corresponding form, it has a simple, free form; you can familiarize yourself with the finished form on our website.

The application will require information such as:

• Contact details, job responsibilities heads of the executive committee:
• the address where you live and personal information;
• the goal you are pursuing, namely, to get an apartment by giving up a plot of land;
• your claim must be substantiated.

The application is usually considered within a month, and you can receive not only a positive, but also a negative answer.

In addition to the application, you will need full package documents containing copies and originals:

• passports of parents of a large family;
• birth certificates of all children;
• a document confirming the status of a large family.

Various certificates are also required:

• about income received by working family members;
• about the composition of the family.

Where can I get an apartment?

If you carefully consider the conditions state program, then it provides for the receipt of residential real estate exclusively in the region in which the applicant lives. It is important to meet the following criteria:

• live with your family for no less than the period established by regulations (more than 5 years);
• stand in line to get an apartment;
• have Russian citizenship;
• currently live in emergency housing;
• have a low-income category.

Actions in case of refusal

If a citizen receives a negative decision, then he receives a corresponding extract from the meeting of the commission that actually considered it. She, in turn, will have to justify this decision.

In this case, it is better to consult a lawyer again, since it is necessary to carefully study and understand all the reasons for the refusal, taking into account all the comments from the commission. Indeed, in practice situations often arise when you simply need to submit the missing documents.