The procedure for providing land to large families

In recent years, the state has been actively trying to overcome the demographic crisis, which is why the birth of 3 or more children is encouraged in the Russian Federation. Such families receive the status of large families and are vested with a range of rights and benefits that other categories of citizens cannot count on. One of the most striking is the provision of land to large families. It is to him that we will devote this article, share with you some details and nuances.

Legal basis of the issue

In 2011, the State Duma of the Russian Federation adopted a federal law on the provision of land plots to large families, according to which amendments were made to the Land Code of the Russian Federation (hereinafter - the RF Land Code) regarding cases of free distribution of land to certain categories of the population. Families with three or more children (large families) have the right to receive land from the state. Since March 1, 2015, a new provision has been introduced in the RF LC, according to which the land transfer mechanism is established at the regional level in accordance with the territorial and other features of each subject of the Russian Federation.

Who are large families?

The provision of land for large families occurs in accordance with the established procedure. The family must meet the requirements laid down by law. These include:

1. The presence of 3 or more children under the age of 18 years.
2. The law allows the presence of a child or children after 18 years, but up to 23. At the same time, children (child) must study full-time in an educational institution.
3. All family members must be citizens of the Russian Federation.
4. Must have a residence permit for all family members in the region in which it is planned to acquire land for at least 5 years.
5. The marriage between parents must be official, the form of cohabitation (the so-called civil marriage) is not accepted.
6. The lack of grounds for refusing to provide land to large families, which will be discussed later.

A father who has three or more children, or a single mother, who also brings up three or more children, may also claim land.

The first step to obtaining land

We remind you that the procedure for providing land to large families in each subject of Russia is different, so we can not list the requirements of each region. Below we provide only general rules that are taken into account by all entities.

First of all, you need to contact the social protection department. It is he who will issue a certificate that your family is large. The applicant appeals to the department and writes a statement regarding the inclusion of a family as a large family. Employees may request supporting documents. After considering the application with a positive decision, a document is issued. It will be needed in the next stage.

Documents required to exercise the right

For further movement, you need to collect documents.

1. Application for land for large families. A sample can be requested from the administration.
2. It is necessary to make copies of the birth certificates of each child. They must be brought along with the originals.
3. Marriage registration document with a copy.
4. The document provided in the department of social protection, which was issued in the first step.
5. A certificate confirming the fact of registration and cohabitation of all family members at one address is issued in the passport office.
6. Copies and originals of passports of parents. If the family has one parent, then only his passport.

Second step

Each region empowers its authority to receive applications and keep track of the priority of large families for land. This may be the city administration, department or ministry of property, it all depends on the locality. You can clarify this information in the social protection department or on the site administration website.

1. At the place of registration, the family applies to the appropriate authority with the documents indicated above. Please note that land is provided for the purpose of building a house, cottage or farming. One of the goals must be indicated in the statement.
2. Employees check documents, accept them. In the event that everything is framed in accordance with the law and there are no grounds for refusal, a number is assigned to the case. This is reported to the applicant.
3. A specially organized commission considers the situation of the family and decides which plot of land must be transferred individually in each case.

This is the general procedure for the free provision of land to large families. There may be other nuances, this is completely normal, because the law does not have a clear description. If the family refuses to exercise the right, and after some time again expresses a desire, the whole procedure will need to be repeated.

Reasons for refusal

The law clearly establishes the grounds that may be the reason for the refusal to provide land plots to large families. These include:

1. A citizen or members of his family have, on the basis of the right of ownership, a land plot that can be used for personal purposes - the construction of a house, a summer residence, etc.
2. A citizen previously exercised his right to a free land plot. In this situation, there were families who received land in a swampy area, which is not suitable for human life. In order to solve the existing problem, the authorities suggested that the citizens refuse the land received, but in this case there is a possibility of being left completely without land.
3. A citizen or his family members completed the procedure of alienation of their land plot or their rights were forcibly terminated.
4. A citizen or members of his family own a dwelling or a house, the right to which is not properly registered.
5. A citizen or members of his family completed the procedure for transferring rights and obligations under a land lease agreement to third parties or completely refused a lease agreement for the indicated allotment.

Timing of land

We pay attention to the timing of the provision of land for large families. To begin with, we determine the deadline for making a decision that the documents are genuine and the family is registered. Depending on the workload and territorial size of the district, city, a decision is made from 3 to 30 days. All documents are examined for authenticity, this may take time, but no more than 30 days.

If the decision is positive, a notice of registration is received. From this moment, during the year, the family must be provided with a land plot. At the moment, the practice is such that the authorities may not have free land, so the time will be extended until a new site appears. The law does not indicate how much time can be extended.

Land requirements

The legislator offers large families to apply to the additional Federal Law, which is dedicated to local self-government. This is No. 131 FZ. Emphasis is placed on the fact that large families will be provided with land only after it is provided with the appropriate engineering infrastructure.

The main requirements include the provision of electricity, heat supply, as well as gas and a constant supply of water. Another important point is the creation of conditions and the possibility of moving citizens from one territory to another. For this, a road network and communications must be developed.

How much is it?

The whole procedure of applying to authorities and paperwork are completely free. Payment occurs only when allocating land, when you need to conduct a topographic survey of the area. This procedure will need to be paid to a large family, then the results must be submitted to the architecture department. This should not take more than 2 months. After all the pictures have passed the approval, land surveying takes place.

The Federal Law on the provision of plots of land to large families places all the costs at this stage of the work on the family. With the results you need to contact the cadastral chamber to obtain a passport to the land, there is registration in Rosreestr.

Some are interested in the question of whether it is possible to register the land. On the territory of Moscow and St. Petersburg, this is strictly prohibited. On the territory of other regions, you must look at the terms of the contract. At the same time, we recall that the main condition is the construction of a summer house, home or farming. If the family built a structure of any type, it can be registered, which means that the land will become the property. Misuse of land may be the basis for depriving the family of the land in a judicial proceeding.