Problems with housing in Russia are extremely acute. All citizens can afford to purchase real estate independently. To support the population, quite a lot of diverse programs have been developed, allowing to become the owner of the premises or a plot free of charge. However, do not everyone know How to get the land from the state 2021 Under the construction of the house.
Today there are several ways to obtain a land plot from the state without financial costs.
To acquire real estate at no cost, a person should know them all and choose the most suitable. On obtaining a land plot on the general basis, who can be provided with the land at no cost, we also talk about the current programs further.
General reasons for obtaining real estate
Land in the property under construction of the house can be provided free of charge to any citizen. The new law establishes a restriction on the implementation of such a process. However, there are special categories of citizens who are in priority upon receipt of real estate at no cost. The provision of a plot in the Moscow region is carried out in the order of the general queue. To get into it and claim to receive the Earth, it is necessary to write an application to local governments.
It should be borne in mind that the property itself is provided for free, but for the execution of documents, the new owner will have to pay.
The state agrees to provide free land with the following categories of citizens:
- Large families or persons who are dependent on which are disabled children;
- persons undergoing service in the Armed Forces of the Russian Federation under the contract;
- veterans of war and labor;
- Families who have lost the breadwinner in the fighting zone.
The application is considering the administration of the settlement. Then the applicant will be able to find out the final decision. If the verdict is negative, the citizen has the right to go to court and try to challenge the decision made. However, to predict the final result of the proceedings is quite difficult.
Is it possible to get a plot on your own initiative?
Taking over how to get a plot of land from the state, a person will find out that it is possible to carry out an action and without obtaining permission from the administration.
This option is rather risky. However, it is found in practice. If a person wants to get land for free, you will need to find an incomplete real estate and reorganize it to the property.
Real estate, which is empty and not used for a long period of time is inflicted. You can become her owner anyone.
Thoughtful to whom the free land is laid, a person can start construction on an inchoise plot. However, there is a risk that the land owner will present claims. If this has not happened, you can begin renewal in the property.
The method that allows us to obtain real estate has a number of shortcomings. So, find an overheakose plot can be problematic. In addition, the state can respond with refusal to provide land in property. The reason for this may be the inappropriate use of the site. If a citizen receive a negative response, construction costs will not be compensated. However, if the citizen is lucky, he will be able to become a landowner, paying only the value of cadastral works.
Sale at bargaining
Today, it is possible to become a landowner by winning the auction. The method does not allow to get real estate for free, but it makes it possible to significantly reduce the cost of purchasing it. Usually, the objects are exhibited at a price that is lower than the market value. The option is suitable for those who want to acquire a platform for the construction of a multi-storey building. But for private construction, the method is suitable with stretch.
To purchase property at auction, you will need to perform the following steps:
- Take advantage of the Rosreestra Public Card and find free lands. The map is posted on the official website of the institution. It is necessary to find a plot that does not have a cadastral number. At the same time, the Earth should not be in burden.
- Get a certificate confirming that the selected property is not used for local or farm needs. To do this, contact the district administration. Then you can make a statement containing the desire to acquire land to the property. The application is issued in the name of the head of the city.
- Go to the local branch of Rosreestra and issue a cadastral passport. The action must be done after a citizen has received a certificate of preliminary agreement in the local administration. It should be borne in mind that the cadastral passport will be provided only after the interviewing of the plot and the cadastral assessment.
- Place an advertisement in local regional prints about land for bidding. You need to expect applicants for the purchase of real estate within 30 days. Exactly the features of the procedure can be clarified in the local administration.
- Wait for the completion of the period. If no one has expressed a desire to participate in the auction during the prescribed period, the site will go to a citizen. If there are other applicants, the winner recognizes the one who will offer the maximum amount for the land. If the initiator lost auction, the winner is obliged to compensate for all financial costs for the design of cadastral documents.
Winning a bidder, a person does not become the owner of the land. He gets a plot for temporary use. After a residential building is erected on it, a citizen will be able to buy land. Purchase property will succeed at 2.5% of cadastral value. The procedure for granting sites is the same for residential multi-storey houses and private buildings.
Free land for narrow specialists
Finding out who has the right to a free country or other plot, it will be possible to find out that the Earth can be provided with narrow specialists. However, this may require moving to another subject of the Russian Federation. The list of in-demand professions defines the governor of the region. The provision of free realties is carried out in order to attract specialists and solve problems with personnel.
For example, a couple of years ago, in Crimea, free land was provided for farms and under the construction of residential buildings to doctors and teachers. By the way, representatives of professions are required in almost any countryside.
In order for the state to agree to provide free real estate, a citizen must conclude a lease agreement for about 6 years. In this case, the rent will not be charged. The main condition - a citizen must work out a deadline. Then the real estate will go to the ownership of a person.
State programs for young families
If citizens up to 35 years old have created a family, they may ask the land for construction at the administration. The land is provided within the framework of the state program. Its features regulates current legislation.
In the near future, making changes to regulatory acts relating to the provision of land to young families are not planned.
To take part in government programs, it is necessary:
- Make sure that the person meets the sets.
- Stop queue to improving housing conditions. This fact must be confirmed by the relevant documents.
- Write a statement with a request to grant the land plot at no cost for construction.
If there is free land in the municipality, it will be provided to a citizen. If the decision on the application of a young family will be positive, summing up communications to the future house should be paid from the city budget. However, the design of the documentation will fall on the shoulders of the owners.
Similar option for obtaining land in the property is still under consideration. In the near future it is planned to provide all those who wish to 100 acres of land for the construction of a stone house. Such a solution allows to eliminate the problem of empty areas.
Those who decide to take part in the program will be able to not pay taxes on land and real estate. This will allow you to freely acquire our own farm and start growing a crop. Land can not be confiscated or selected for debts. However, the program has an unpleasant feature. Land plots are granted away from major cities.
Owners will not be able to:
- Sell land;
- rent a dedicated site;
- Give real estate.
The land will be transferred only by inheritance. Communications to the site must hold the owners themselves. In this case, unauthorized cutting down of trees on the site is prohibited. It should be borne in mind that while it is only a bill. Changes may be made in the future.
9 cases are known when possible free pr. Education of the land plot .
A separate law on the provision of land not accepted.
At the federal level free provision of land Regulated by Article 39.5 of the RF RC.
Regional authorities make their laws on the provision of land plots, for example, for large families.
Consider the grounds how to get a land plot for free.
In all cases, which will be considered, it is assumed free provision of land in ownership.
In other words , it is possible without trading and practically to "freebie", according to the law to get a land plot to property.
By tradition, we will start with the most interesting cases for citizens of free provision of land.
So, let's go.
1. Free provision of land in the property after 5 years of gratuitous use.
Sounds very tempting. But let's figure it out in detail.
Our state has established a remarkable rule:
A citizen is provided with a land plot for a period of up to 6 years.
See subparagraph 6 of paragraph 2 of Article 39.10 of the Land Code of the Russian Federation.
Do not confuse the free provision of land and free use of the Earth.
Free provision Ensures the transfer of the land plot to property.
That is, the recipient of the site becomes the owner of the Earth, which is free of charge.
Free use Ensures the temporary use of the land without charging the board.
The land recipient becomes land user, not the owner.
In more detail in the article: Frequent use of land m plot .
However, not everywhere give the land in free use.
Grateful use of land is possible in municipalities that are defined by the law of the subject of the Russian Federation.
In other words, a law on the free use of the Earth should be adopted in the region.
The law lists the territories in which they give land in free use.
In any other, an arbitrarily chosen municipality, getting a plot in gratuitous use will not work.
But that's not all.
In gratuitous use they provide plots for certain purposes only:
- For individual housing construction,
- conducting personal subsidiary farm
- peasant (farmer) economy.
For other purposes, such as the opening of the store, car service,
Dacha etc., the site will not be given to gratuitous use.
Now we approached the question:
Free provision of land in ownership.
If the citizen was lucky enough to get a land plot at gratuitous use, after 5 years he has the right to free provision of land in ownership.
At the same time, the lucky is important to observe 2 conditions:
- use land only on intended purpose,
- Have time to apply for free provision of the site after 5 years, but before the end of the 6-year term of gratuitous use.
Check out my conclusions in paragraph 4 of Article 39.5 of the RF RF.
You probably are interested in the question:
In which regions the land plot gives free use?
In order to get land in the property in 5 years.
Examine all regional laws in the country I do not take, because I want to preserve mental health.
Therefore, list all regions, where they give the land in gratuitous use, I can not.
Law on the provision of land plots.
Nevertheless, I can say with confidence that such a law of 06.04.2015 N 3155-KZ is adopted in the sunny Krasnodar Territory.
This law lists the municipalities of the Krasnodar Territory, in the territories of which land plots are provided to citizens at gratuitous use for the exercise of the peasant (farmer) economy of its activities.
Such a law adopted in Adygea and in other regions.
Checking any region for the existence of a law on the free use of the Earth within 2 minutes.
How to do it, look in the video.
Thus, if you want to realize the right to
Free provision of land in ownership
then you need:
- Find the region in which the law on the free use of the Earth is adopted,
- explore the law and choose a municipality in which you want to get a land plot,
- 5 years after the conscientious, free use of the Earth, get a plot of property for free.
It looks simple enough.
But it does not mean that everything will go smoothly.
With local officials will probably have to tinker.
In order for the officials with their stupidity and greed of the dream of a land plot, use step-by-step instructions:
How to get a land plot without special knowledge?
Step-by-step instructions with ready-made application templates, schemes, etc.
Often we blindly believe the officials who have their own benefits.
In the end, we do not get a plot, but disappointment.
The instruction will help to bypass the officials of the Jewelry and to get a land plot not by Blat, but by law.
Ready-made samples of documents will protect against manipulation from the cunning servants of the people.
Go to the second case.
2. Free provision of land specialists working at the main place of work.
This case of free provision of the site is very similar to the preceding.
The difference is that the Regional Power in law defines not only municipalities, but also labor specialties.
Work on these specialties gives the right to get a land plot in gratuitous use.
Check out my conclusions in paragraph 5 of Article 39.5 of the RF RF.
The provision of a plot to the property is also carried out for free at the end of 5 years.
During the 5-year term, the specialist is obliged to work on the specified specialty at the main place of work.
Experts can get land on this basis for the following purposes:
- individual housing construction
- Personal subsidiary management.
The peasant (farmer) economy did not fall into this foundation, because KFH refers to business activities.
The work of the farmer is weakly compatible with hired labor at the main place of work.
How to realize the right to free land provision:
- Find the region in which the law on gratuitous use for specialists;
- explore this law and choose a municipality in which 5 years ready to work;
- Make sure that education allows you to work in a specialty that gives the right to receive a plot in free use;
- to work for at least 5 years in the municipality of the relevant specialty;
- the entire period for free use of a plot for intended purpose (ILS or LPH) on the terms of the contract with the local administration;
- Apply for the provision of a plot to property before the expiration of the contract for the free use of the Earth.
There are no conditions. But for specialists, especially young, this is a good chance to get the land.
The only thing is the most likely obstacle that can be on the way is a local official.
But you already know the medicine that helps against the official ailment.
3. Free land in large families.
The most famous foundation in the people for obtaining land is a free provision of land plots with large families.
If you have 3 or more children, then there is a chance to get a plot for free.
Communicating with officials of land committees, I hear the words from each second: "I cannot provide this land, because it is for large families."
And the pieces of land, reserved for large families, I will tell you, not small.
But at the same time, the queues for land plots for large families are not less than.
State Duma deputies have found a way to reduce the queues of large families.
They allowed local authorities to introduce additional criteria for large families.
This criterion deprives many large families of the right to receive land.
The care of the deputies was expressed in the fact that from March 1, 2015, citizens not only need to have 3 or more children, but should also be taken into account as needing residential premises or to have grounds for this accounting.
You can say thanks to the deputies.
Have deprived of some large families of opportunity to provide smaller children with individual housing, or at least get a garden.
The right to free granting land with large families is enshrined in paragraph 6 of Article 39.5 of the RF RF.
Large families can rejoice in the fact that the right to get a land plot on the general reasons have not yet been taken.
4. Free provision of land plot to certain categories of citizens and non-commercial organizations.
A very curious basis for the development of land.
This basis is enshrined in paragraph 7 of Article 39.5 of the RF RF.
Let's figure out which categories of citizens and organizations can get land free without trading.
Unfortunately, in the Land Code, no one refers to these individual categories.
But the federal and regional authorities are granted the right to take individual laws.
In these law, categories of citizens and non-commercial organizations that have the right to get the land for free are determined.
At the federal level, I found only one category that has such a right.
These are all-Russian public organizations of persons with disabilities and the company created by them.
The data of the Organization may receive the land for free, on which buildings, buildings and structures are located in their property on the day of the introduction of the Land Code of the Russian Federation.
Check out my words by examining Article 3 of the Law of 25.10.2001 N 137-FZ "On the introduction of the Land Code of the Russian Federation".
If you know other categories of citizens and organizations that have the right to get land for free, then share your knowledge in the comments.
Because the more you give, the more we return.
5. Free provision of a land plot of a religious organization.
I will not describe this foundation in detail, because the ministers of the cult is hardly interested in my article.
And for us, ordinary inaders, it is not very interesting.
I will only note that a religious organization can get free land under the buildings of religious and charitable destinations, as well as land for agricultural production.
See paragraph 2 and 8 of Article 39.5 of the RF RF.
6. Free provision of land under gardening and horticulture.
This base concerns land plots that are formed as a result of the Earth's section provided by a non-commercial organization for conducting gardening and gardening.
You can get the land that belongs to the common property (roads, entrances, etc.).
There are two options to get this land:
- in the property of a non-profit organization
- The general property of members of this organization.
Who is interested in this base, see paragraph 3 of Article 39.5 ZK.
7. Free provision of a land plot within the borders of the built-up territory.
This method of obtaining land concerns the persons who have entered into an agreement on the development of the built-up territory.
The foundation is not the most sought-after citizen, so I will not stop on it.
Details in paragraph 1 of Article 39.5 of the RF RF.
8. Free Far Eastern hectare.
Since February 2017, any Russian can get 1 hectare in the Far East.
After 5 years of land targeted use, Far Eastern hectare can be issued for free.
The tempting offer is to get a plot in the taiga where there are no roads and electricity.
And where mosquitoes are knocked down.
The deputy governor of the Khabarovsk Territory in the same TV show stated that the governor himself (CHRORT VI) himself finds himself a plot.
It is very curious that in the end it will turn out.
Clap V.I. Lost elections in September 2018 and quickly moved to Moscow.
It seems the ex-governor of Khabarovsky does not burn with the desire to master the Far Eastern hectare.
Who is interested in obtaining land in the Far Eastern Taiga, start with paragraph 9 of Article 39.5 of the RF RF.
9. The provision of land to developers and other persons entering the law on "On promoting the development of housing construction".
I confess, I did not study this basis for receiving the site, because I do not plan to promote the development of housing construction.
I am confident that readers of my blog, too, are also little interested in this method of obtaining land.
If I am mistaken, see more detailed information in paragraph 10 of Article 39.5 of the RF RF.
On this free ways to obtain land in the property without bidding ended.
If someone is disappointed, do not blame me.
You probably understand that truly valuable land plots can hardly be obtained for free.
Specify questions in the comments to the article: Extract from PZZ .
I wish you a great day and decent life.
one. Who can get a land plot from the state for free?
If you dream of a land plot, but do not have enough financial resources, check if you have a category of citizens eligible for land plot for free.
Let's deal with who will fundamentally get a free land from the state.
First, the public categories that have benefits in obtaining land plots as part of social support (for example, large families, young families, disabled).
Secondly, citizens who have special statuses (for example, labor heroes, some categories of military personnel or citizens who have spent a certain number of years in rural areas).
Thirdly, persons who have the founding of free obtaining land in cases established by land legislation (for example, citizens who have a private house, the right to which arose until October 25, 2001).
Currently, federal legislation provides free provision of land plots:
- Heroes of Socialist Labor, Heroes of the Russian Federation and full cavaliers of the Order of Labor Glory for individual housing, country construction, conducting personal subsidiary farms, gardening and gardening ( Art. 3 of the Federal Law of January 9, 1997 No. 5-FZ "On the provision of social guarantees to the heroes of socialist labor, the heroes of the Russian Federation and full cavaliers of the Order of Labor Glory").
The dimensions of the areas provided:
not less than 0.08 hectares in cities and towns of urban type;
Not less than 0.25 hectares in rural areas.
- Heroes of the Soviet Union, the heroes of the Russian Federation and complete cavaliers of the Order of Glory - for individual housing construction, country construction, personal subsidiary farming, gardening and gardening ( Art. 5 of the Law of the Russian Federation of January 15, 1993 No. 4301-1 "On the status of the heroes of the Soviet Union, the heroes of the Russian Federation and full cavaliers of the Order of Glory").
The dimensions of the areas provided:
at least 0.2 hectares in cities and towns of urban type;
At least 0.4 hectares in rural areas.
- Citizens of the Russian Federation, having a land plot in actual use, if there is a residential building at such a land plot, the right to which arose from a citizen until October 25, 2001 ( p. 4 art. 3 of the Federal Law of October 25, 2001 No. 137-FZ "On the introduction of the Land Code of the Russian Federation" ).
- members of the horticultural, garden non-commercial association of citizens (regardless of the date of entry into the members of the specified association) for conducting gardening, gardening, subject to the correspondence of the site with certain trinibulations ( p. 2.7 Art. 3 of the Federal Law of October 25, 2001 No. 137-FZ "On the introduction of the Land Code of the Russian Federation") .
In accordance with the laws of the constituent entities of the Russian Federation, land plots can be obtained:
- Participants in the Great Patriotic War and Persons equated to them on social guarantees and benefits;
- Combat veterans;
- Citizens exposed to radiation due to the catastrophe at the Chernobyl NPP;
- servicemen passing military service under the contract, the total duration of which is 10 years and more;
- Citizens who moved to the subject of the Russian Federation within the framework of the relevant regional program to assist the voluntary resettlement of compatriots living abroad;
- Citizens who have the title "Honorary Citizen ...";
- users of land plots that have received them even until 1991 for rent or perpetual use;
- Law enforcement officers retired upon service;
- Syarota children, in relation to lands, which enjoyed their parents;
- Pensioners who live on the territory of a rural settlement for 5 years (minimum) and reached a certain age;
- Large families with three or more children;
- Citizens who are members of a young family living in rural areas;
- Disabled, families with disabled children, etc.
Important! The list of categories of citizens eligible for a free land plot and established by regional laws is not the same for various subjects of the Russian Federation. Depending on the region, the conditions for the preferential provision of land plots and claims for candidates may vary.
If you rendered yourself to those citizens who have the right to free land, check whether you are responsible for the basic requirements for candidates for preferential provision of land plots:
- Russian citizenship and permanent registration, for a period of at least 5 years;
- lack of land plot in the present and in the past;
- The living area of the family does not meet the established standards per person (the family needs improved conditions);
- The family falls under the category "Young", does not have land in the property and needs to improve living conditions.
2. In what cases the land can be provided for free:
- In order to develop individual territories of Russia.
Regional legislation may be provided for that the land plot provided by a citizen for free use for individual housing construction, conducting a personal subsidiary farm or the activities of the peasant farming, after five years may go to the ownership of such a citizen for free. This rule is valid for land plots provided by citizens working at the main place of work in the municipality and specialty, which are established by regional legislation.
For example, The law of the Saratov region of 02.02.2015 No. 5-CSO The list of territories for which this benefit and posts, working on which citizens can take advantage of the preferential provision of land plots were approved.
You can get a land plot of up to 1 hectare for free on the territory of the Far Eastern Federal District ("Far Eastern hectare"). Such a plot can be transferred to the ownership of a citizen of the Russian Federation after the expiry of five years from the date of providing him with this site in free use. To acquire this site, it is not necessary, it is possible to arrange it under the lease agreement ( Federal Law of 01.05.2016 №119-ФЗ ).
Obtaining land in property for free for the construction of housing in Crimea ( Law of the Republic of Crimea "On the provision of land plots in state or municipal property, and some issues of land relations" ).
- As part of the execution of various social programs.
For example, within the framework of the Federal Program, the Dwelling has developed a project "Providing housing of young families", operating until 2020.
With this project, young families can take advantage of the highlighted land for building houses and improve housing conditions.
The "Young Family" category includes families that meet two parameters:
- marriage must be registered in the registry office;
- The age of spouses should not exceed 35 years.
The lands of a young family can be highlighted:
- to improve housing conditions;
- For the production of agricultural products.
It should be borne in mind that not all young families are given the possibility of free of charge.
Regional legislation may contain its own parameters for which the young families provide land.
However, there are common criteria for all subjects of the Russian Federation:
- recognition of a family of low-income;
- Registration in the employment center of non-working able-bodied family members;
- the presence of official employment in working family members;
- Parents should not be deprived of parental rights.
By law, children are not included in the concept of "young family": childless young families also have the right to preferentially providing land plots.
However, according to the current practice, first of all in the regions are considered applications of families with children, which may be associated with a large number of wishing to get land for free.
3. What you need to know, going to get a land plot for free?
The order of gratuitous provision of land regulated Articles 39.17 , 39.18 , 39.19 of the Land Code of the Russian Federation and a number of federal and regional regulatory legal acts:
- The land is provided only for the construction of a residential building or personal subsidiary management;
- Take advantage of the right to free land can only once;
- The land is provided from the State and Municipal Land Fund;
- The plot is made in the property through state registration of law;
- If the regional laws establish the timing of the construction of a residential building for some preferential categories of citizens, after receiving the site, it is necessary to begin construction of the house at the time limit;
- The laws of constituent entities of the Russian Federation may be prohibited to change the target purpose of the Earth obtained on preferential grounds - in case of detection of a violation, the land plot can withdraw;
- After satisfaction of the application you will first be in the queue, the waiting period depends on the number of waiting;
- Not always, the municipal authorities have a suitable earth, so be prepared to obtain a refusal for this basis;
- Do not rush to receive inappropriate land - the law provides for the right to refuse the proposed site.
four. How to act to get land from the state for free?
The procedure and list of documents largely depends on the basis of obtaining benefits.
In the most general form, the order of preferential provision of land can be represented as the following sequence of steps:
- Selection of one of the existing sites For example, using the electronic service "Public Cadastral Map of Rosreestra", affordable by reference: https://pkk5.rosreestr.ru (U. Frequet should not be in private property!);
- If the site has a cadastral number, receipt extracts from the Unified State Register of Real Estate и Check for all significant information ;
- If the site is not put on cadastral records or its borders are not established, appeal to the municipal administration with a statement about coordinating the allocation of land and documents confirming the possibility of obtaining benefits;
- obtaining a positive decision of the municipal administration;
- carrying out work on the land survey;
- re-appeal to the municipal administration with a statement on the provision of land;
- obtaining a decision on free provision of land plot;
- Appeal to Rosreestr to register its right to land .
I have questions - we will answer! Ask a Question .
Original Articles on our website.
Who has the right to free land from the state
Paragraph 14 of paragraph 2 of Art. 39.6 RF RF provides for the provision of land plots to citizens who have the right to the priority or extraordinary acquisition of land plots in accordance with federal laws, the laws of the constituent entities of the Russian Federation, as well as the provisions of your local regional law "On regulating land relations in *** areas" is established and categories of citizens of eligible for the provision of a land plot with the need.
Please note that it is possible to get a land plot for the construction of the house only once and only from the State or Municipal Land Fund. The land owned by other individuals and legal entities can only be purchased, donated or transferred by inheritance.
The federal legislation enshrines the following categories of citizens who have preferences for the provision of land plots for free:
- Heroes of Russia - (Law of the Russian Federation of January 15, 1993 N 4301-I "On the status of the heroes of the Soviet Union, the heroes of the Russian Federation and the full cavaliers of the Order of Glory" (with changes and additions));
- The Heroes of the Labor of Russia (Federal Law of January 9, 1997 N 5-FZ "On the provision of social guarantees to the heroes of socialist labor, the heroes of the Russian Federation and the full cavaliers of the Order of Labor Glory" (with changes and additions).
For citizens who have federal awards, areas from 8 acres in urban settlements are allocated, and from 25 acres in rural.
At the regional level, land plots provide the following categories of citizens:
- Large families with three and more children on the dependency of parents;
- Citizens, taking into account the municipal authorities as needed housing;
- Family members of the deceased Hero of the Russian Federation;
- Young families who have a child or without children (2 different programs);
- Young professionals;
- Disabled 1, 2 and 3 groups, as well as families with a disabled child. The beneficia is to obtain land in SNT for rent in the order of a special queue (not so long, such as large families) and without participation in the auction procedure;
- Veterans of the Second World War and other fighting. Veterans having combat awards can qualify for sites up to 20 acres in cities and up to 40 acres in villages;
- OVD staff;
- Liquidators of the consequences of the accident at the Chernobyl AC;
- Employees of the budget sector;
- Families in which are dependent in disabled or veteran, as well as families who lost the breadwinner who died with participation in hostilities;
- Residents of rural areas, provided that they have reached the age of 35, vocational training in the field of medicine, agriculture, culture, education and work in the specialty;
- Citizens undergoing service in the army under the contract;
- Religious organizations.
This list is constantly updated and it is impossible to be called exhaustive.
The maintenance of citizens in order to free the provision of land plots in accordance with the "regional law" is carried out in the manner prescribed by local governments of municipal districts, urban districts, settlements. The accounting of citizens in order to provide land plots for individual housing construction, conducting personal subsidiary economy or the creation of the peasant (farmer) economy is carried out separately.
But there are bad news - for citizens with three or more children, amended Article 39.5 of the Land Code. Now the regions gave the right to support only those families who are registered as needing improvement of housing conditions or correspond to this status (up to 11 square meters. Housing meters per person). That is, they will give a choice of either a plot or a different form of support.
Most likely, the new rule will begin to spread to the rest of the categories of beneficiaries, which to get the land under ILS - will have to be registered as needing housing. All the rest are offered land for gardening or gardening, which also allows you to cost residential buildings, and then register them in the country amnesty.
If a regional program for the provision of land plots has been adopted in the region of your registration, then you have the right to write a statement in the IFC for free allocation of land from public property. The queue will be separate from the beneficiaries mentioned above.
Existing federal programs:
- Far Eastern hectare
- Leningrad Gektar
- Kostroma hectare
- Volgogradsky hectare
- Generic estate
Existing regional programs:
- Land plots for immigrants from the Far North
- Land for residents of Crimea
- Land plots in Kaliningrad
According to the relocation program, land can be obtained in a few weeks.
And now about what existing methods are free to get land from state or municipal property.
Method number 1 - apply and wait for the queue
If you feel about the above-mentioned category of citizens, or decided to participate in the national program, then you will be enough:
- Write a statement "On formulation to receive a land plot" in the near many functional center "My Documents" (MFC). Application blank will provide an employee of the MFC.
- When your queue is suitable, you will be invited to the administration for the plot draw. Yes, you did not hear exactly the draw, since you will be asked to pull the ticket with the cadastral number of the land. You can refuse the "elongated" land plot, but then you will have to stand in the queue again.
An approximate period of waiting in a preferential queue is 3-5 years.
Method number 2 - get the land from the state without a queue
If you want to get the land without a queue, you will have to independently search for a free municipal site, and then write an application for its provision in the administration.
This method suggests considering more details, as it gives us the opportunity to get a land plot in 2-3 months.
Step 1 - Find Municipal Plot on Cadastral Map
Open the Public Cadastral Card website: pkk5.rosreestr.ru and Mouse over the land you are interested in. So online you get the minimum necessary information: cadastral number, land category, area, allowed use, address, cadastral cost, limitations and encumbrances.
But most importantly, it is possible to find out whether a plot from private property is free. In the "Services tab" tab, select "Reference Information on Real Estate Object", then at the bottom of the page click "form a request" and click a link with information from the USRP.
We are interested in the item "Rights and Restrictions", which is missing here, means the site is free. Here you can leave an application for the registration of rights by clicking the appropriate link.
Step 2 - Make sure the site is in public property
Before submitting an application to the found site, I advise you to document the absence of a private owner or tenant. Unfortunately, Rosreestr provides information on owners only on a fee basis. But if the site is still owned by someone, but information on the cadastral map (as often happens) has not yet had time to upgrade, - you will save at least a month waiting for an answer from the administration.
We need, in the special marks of section No. 1, extracts from EGRs were specified - "No information for the completion of section 2 is missing." This means that the land plot is in public (state) property and does not have a private owner or tenant.
Please note that Rosreestr sends extracts from EGRN for 3 days (there are delays). If you want to make sure that there is no owner faster, I recommend ordering discharge directly through the Rosreestra API - so you will receive a document during the day. The cost is the same - 250 rubles, official data from EGRN Rosreestra and confirmed by an electronic digital signature of the registrar (EDS).
Extract from EGRN, which I recently ordered through API Rosreestra
Step 3 - Apply for the provision of land
When a free plot is found, it is necessary to apply to the district administration (or in the same IFC) application for the provision of land. The application can be submitted electronically on the Public Services portal or with a personal visit (recommended). The statement indicates the following information:
- Surname, name, patronymic of the applicant;
- passport data;
- address of registration and actual accommodation, home or mobile phone number, email address;
- Description of the essence of the petition;
- address or description of the location of the site;
- cadastral number;
- List of attached documents.
In the appendix, in addition to information about the land plot, there must be documents that serve as evidence of your right to receive. If the applicant's interests represent third parties, it is necessary to have a notarized power of attorney. With full-time submission of documents, an employee must give you a receipt to receive documents or an incoming application number.
The term of consideration of the application is 30 days. During this time, the applicant must receive a resolution of the head of the administration on the allocation of land or reasonable refusal. The decision to refuse can be appealed in the superior authorities or in court.
Step 4 - conclude an agreement with the administration
After the term of consideration, the administration invites you to conclude a lease agreement for a period of 3.5.10 or 49 years (the lease term depends on the type of permitted use). After signing and registering the rights of leases in Russia, you become the right owner of the land plot.
Note that the owner and the owner are fundamentally different concepts. Since you have applied to preferentially obtaining land, the site will be transferred to you in use without auction. But you need to be prepared for a possible draw with other applicants: the process resembles the game "Lotto", only instead of barrels there will be notes with cadastral numbers of land.
Is it possible to declare a beneficiary to the usual rental auction
If land plots are put on the auction - is it possible to declare this auction area for rent, as, for example, a large family? According to the provisions of paragraph 6 of Article 39.5 of the RF RF (cases of the provision of land plot located in state or municipal property, a citizen or a legal entity in the property for free) - providing a land plot located in state or municipal property, a citizen or a legal entity in the property for free on the basis of Decisions of the authorized body are carried out in the case of the provision: the land plot to citizens who have three or more children, in the case of in the case of the procedure that are established by the state authorities of the constituent entities of the Russian Federation.
However, the state authorities of the constituent entities of the Russian Federation may be provided for the requirement that such citizens should be registered as those who need residential premises or such citizens have grounds for setting them on this accounting, as well as the possibility of providing such citizens with their citizens The consent of other social support measures to provide residential premises in return to the provision of a land plot to them is free.
In some regions, there are several hundred and even thousands of families in line, and plots allocate several dozen per year. There are families who refuse the proposed sites and are waiting for other options. Thus, the Land Code of the Russian Federation establishes the preemptive right to receive a land plot of socially not protected categories of citizens, while it also establishes the procedure for the auction and direct preparation for it.
Based on the provisions of Art. 39.11., 39.12., 39.13., 39.14 of the RF RF is not provided for any special preferences for participation in the open auction or trading on the right to conclude a lease agreement or repurchase to large families.
Is it possible to change the plot for the beneficiary to the site elsewhere
Change the land plot will turn out if only it is recognized as unsuitable for the purposes that he was issued. Those. If this is an individual, but it is impossible to build a house, then change. The grounds like market value and location - do not serve as a reason for replacing the land plot. In such cases, we recommend the site first to get / arrange, and then, in the order of civil law, you can conclude a contract of exchange or sale.
Also, after receiving a "preferential" site, you have the right to apply to the administration for the site you are interested in, but on the general basis to take the land for rent from the state (Method No. 4). You are also not limited to challenging the resolution in court. If you contact the administration, please contact in writing, the oral refusal is not reinforced.
In some regions, you can get a land plot for free. For example, there are programs for the provision of land for construction and agriculture. We tell what other opportunities are
Land in Russia can be obtained free of charge, but not all (Photo: Differr / Shutterstock)
You can get a land plot for free if a person has benefits or regional development programs (for example, according to the Far Eastern hectare program). There are ways to get the land is not quite a gift, but at a price below the market, for example, at auction. Together with experts we tell about these methods.
Experts in this article
- Marina Tolstik, Chairman of the Board of Directors of the Miel network
- Sophia Volkov, lawyer of the Law Office Asterisk
- Maria Spiridonova, Managing Partner "Legenes Bureau", Member of the Association of Lawyers of Russia (AYUR)
1. Availability of benefits
One of the main opportunities to get a land plot - to have benefits. At the federal level, Citizens who have state awards may claim this. They have the right to free land from 8 acres in urban settlements and from 25 acres in rural.
In the regions, their rules for the provision of free land plots with beneficiaries. "In most cases, large families, veterans of wars and participants in combat operations, accidents of the accident in Chernobyl can claim it. According to local laws, it may also be young specialists working in rural areas, "Marina Tolstik noted the chairman of the board of directors of the Miel network.
Giving or not to give free land with large families - each region solves this issue in different ways depending on the availability of a resource. "For example, in Moscow this is a payment for the purchase or construction of housing. Not every large family can get compensation - the assistance is allowed only to families that are registered in need of improving housing conditions. The Moscow region gives large land for free in the property, "the lawyer of the law office Asterisk Sophia Volkov explained.
Learn about the presence of benefits in the multifunctional center (MFC) or in the local administration. There you can apply for a free land plot and provide the necessary documents. "If all the grounds are recognized as valid, the citizen is queued. When she is suitable, the applicant will be invited to inspect the highlighted area. If everything arrange, he concludes a contract with local authorities and proceeds to the design of ownership of land, "said Marina Tolstik.
Read also How to get a land plot to large families for free
2. Regional hectares
You can get the land for free for the construction of the house and the management of agriculture on the regional development program of the territories. One of the most famous - "Far Eastern hectare", operating since 2016. The land can be taken in the Chukchi Autonomous District, Amur, Magadan, Sakhalin Oblast and Jewish Autonomous Regions, Transbaikalskiy, Kamchatka, Primorsky and Khabarovsk Territory, Republic of Buryatia and the Republic of Sakha (Yakutia).
First, the plot is available for five years. During the first year, it is necessary to determine the use of the site - the construction of the house or agriculture, after three years - to declare its development. After five years of gratuitous use, the plot can be found in the property or arrange a long-lasting rent - for 49 years. For forest sites there are restrictions - they should not be made to the property. But if within five years the user does not begin to master the earth, it automatically loses its right.
Recently, the Russians offered to issue for free to hectare in the Arctic. The site is available for five years, then it can be made in the property or long-term rental. You can use the Earth for the construction of a residential building or conducting any economic activity. The program "Arctic hectare" should earn in the summer of 2021.
"In many regions you can get a land plot for free. For example, in the Krasnodar Territory and Stavropol Territory, a program for the provision of land plots under the development of territories and making agriculture is available. In the Moscow region there is a similar program. The conditions and procedures for the acquisition of land regulations are governed by the rules of the region, "said the Governor of the Legenes Bureau, a member of the Association of Lawyers of Russia (AYUR) Maria Spiridonov.
You can learn about such a program and its requirements on the website of the Government of the Region or in the MFC. "An important point: the laws are not spelled out the quality of the land provided, therefore it is necessary to carefully examine and study the proposed plot. This may be inconvenient or swamp, such cases are, "the marina warned Tolstik from Miel.
Read also How to get free land in the Far East
One of the most famous programs today - "Far Eastern hectare" (Photo: EastFootage / Shutterstock)
3. Outless land and houses
In Russia, many abandoned land plots, often with houses. Often such objects can be found in country partnerships and villages. The law allows the Russians to become the owner of such an earth and even at home almost free. There are several ways to do it. To begin with, you need to make sure that the site does not have the owner. It is also necessary to notify local authorities about its intention.
If the owner does not exude, the site will go to local authorities who will prescribe a bidding for the draw of the Earth. The owner of the "Beshekhika" becomes the winner of the auction. If only one participant participates in the auction, the agreement is concluded with it. As a rule, the cost of the site turns out to be lower than the market.
Another way to become the legitimate owner of an overhexious home or a plot of land is associated with the concept of "acquiring abandonment". A citizen may take an overhexious house and openly live in it. If no legal owners are announced in 15 years, the new tenant may issue legal rights to the house. But for this you have to complete three conditions. First, the tenant should take care of the land plot and pay utility services. Secondly, he should not hide the fact of finding abandoned property in his possession. Thirdly, it is necessary to live on the plot continuously.
Read also Abandoned house: how to arrange it
The easiest way to pick up an overlooking plot of his neighbors (Photo: atikul alam / shutterstock)
Another way to acquire a land plot is an ransom at auction. Regional authorities, land committees and municipalities spend auction areas. Information about them is posted in local media or on administration sites, said Maria Spiridonov from Ayur.
Those who wish to participate are submitted, the date of bidding is appointed and the site is played. It receives it offered the highest price, which is usually below the market value. Only one person can participate in the auction - and the price remains at the initial level, clarified Sophia Volkov. Subsequently, the land plot is leased - short-term for 3-5 years or long-term for 49 years - either in property. It depends on the region and the municipality.
"The main minus of this scheme is a land plot may have a disadvantageous location, for example, in an infrastructure distance. Such areas are with burdensions - it is necessary to pay attention to this, "the representative of Ayur added.
Such auctions regularly holds Moscow. The city puts into trading areas for individual housing construction. Recently, the authorities put 44 thousand rubles for the auction of Earth for 44 thousand rubles. for weaving. Initially, residents receive a plot for rent - its value is determined at the auction. Then the winner has a year and a half to build a house on the plot and arrange him in the property. After that, the tenant can redeem a plot for only 40% of cadastral value. In 2020, 60 land plots with a total area of 7.89 hectares in the amount of 135.1 million rubles were sold at such trades. annual rental payments.
Read also Moscow put up 44 thousand rubles for the auction for 44 thousand rubles