Legal regulation
The main points regarding receiving payment in lieu of a land plot for individual construction are reflected in Federal Law No. 161-FZ, which contains information on the interaction between government agencies and citizens in the formation of the construction of residential buildings.
Download for viewing and printing: Federal Law of July 24, 2008 No. 161-FZ “On promoting the development of housing construction”
Apartment instead of land for large families
These grounds allow local authorities to make a decision not in favor of a large family; this will be legal and justified. In other cases, the actions of the local administration can be considered unfair and unlawful. If you encounter such an obstacle on the part of the municipal administration, file a claim in the district court at your place of residence.
- Full name and position title of the head of the executive committee;
- your personal details and the address where you live;
- goal: obtaining an apartment instead of a plot of land;
- justification for the requirement (you must indicate the criteria according to which you are eligible to participate in the program);
- list of documents attached to the application.
Cases when payment of compensation is possible
The program for free registration of land plots for large families began operating in 2011.
Citizens who are raising their own or adopted children under the age of 18 can apply for such a benefit (if the child is studying in a regular form, then the application can be submitted before he turns 23 years old). When providing this benefit, the types for which the intended use of the allocated plot of land is allowed are specified in advance:
- Construction of a house suitable for permanent residence, followed by registration of the property as joint ownership in shares for each family member;
- Maintaining personal farming on the site.
On a note!
Most often, families raising 3 or more children are allocated plots of 6-15 acres. The allocation of land is allowed both within the city limits and in the surrounding area. In cities of federal significance, it is impossible to obtain land within these boundaries; regional authorities can only offer plots in the region. It is this reason that often determines the need to replace a site with monetary compensation. But not all parents with many children can count on receiving funds; this benefit is provided only to several categories of citizens:
- Families who do not own another plot of land;
- Citizens who have officially registered their relationship with the civil registry office;
- Families raising 3 or more children under 18 years of age;
- Family members have permanent registration in the region of the Russian Federation where the plot allocated for citizens is located.
Apartment instead of land for large families 2021
The document does not explain exactly what grounds are being discussed. The federal law will come into force on March 1, 2015. Currently, families with three or more children have the right to receive a plot of land. However, in accordance with the requirements of the Federal Law of the Russian Federation dated June 14, 2011 No. 138-FZ
“A large family can apply to receive a subsidy instead of being provided with a free plot of land. Such a mechanism is spelled out in the law that we adopted,” said Boris Khokhryakova, Chairman of the Khanty-Mansi Autonomous Okrug Duma. “In the near future, a resolution of the district government will be adopted, which will spell out the procedure for how a person can receive this measure of social assistance.” You will need to apply for the subsidy during the first half of 2021.
How to get money instead of a plot
Compensation is issued in the form of a certificate, which can be used to purchase a residential property or transfer these funds as a mortgage payment.
In order for the government agency to understand that the family wants to receive a certificate, parents must write an application and obtain the consent of all members who have reached the age of majority.
Important! In the absence of such an application, government agencies will consider that a large family is applying for a plot of land.
Documentation
To receive a compensation payment instead of a land plot, parents must prepare a certain package of documents, which includes:
- Copies of parents’ passports (main page and page indicating registration);
- Copies of birth certificates of all babies and their adoption (if necessary);
- A certificate issued by the PLO, in which a representative of the government agency confirms that there have been no cases of deprivation of parental rights in relation to the parents;
- Certificate of family composition (available at the passport office);
- An extract from the house register indicating that the family is actually registered and lives in the region to which the government agency applied to receive a cash payment;
- A document confirming marriage registration.
Amount of assistance to large families
The amount of payment if parents refuse to receive land depends on several factors:
- The number of squares required for each family member, according to Russian legislation;
- Composition of a large family;
- Average cost of each square meter in the region.
How to receive compensation for land for large families
A large family participating in the program can contact the regional administration to clarify whether it has the right to replace the land plot with monetary compensation. If the answer is positive, a statement of the established form is written and a set of documents is provided:
- passports of all adult family members;
- Marriage certificate;
- children's birth certificates;
- certificate of family composition;
- a certificate from social security authorities confirming the absence of restrictions on parental rights.
The application can also be submitted by email on the municipality website. 30 days are allotted for consideration of appeals. Notification of the administration's decision will be sent to the applicant by mail.
Purposes of using funds paid in lieu of the site
If regional authorities have decided on the possibility of replacing the state support measure in the form of providing land with compensation, citizens must confirm that the funds received will be used for their intended purpose.
If confirmation is not provided, parents may lose their right to a refund. Attention! According to current legislation, money can only be used to improve the family’s living conditions. Therefore, the target direction in the use of funds is implied in performing one of the following actions:
- Purchasing a new apartment or country house;
- Carrying out repair work in existing housing;
- Construction of an extension to a finished residential building;
- Repayment of a mortgage issued for the purchase of residential premises;
- Payment of the down payment on a mortgage loan that was taken out to purchase an apartment or residential building.
Instead of land plots, people with many children will be given apartments in Kaliningrad
According to regional and city authorities, a critical situation has developed in Kaliningrad with the allocation of land plots to large families. The municipality simply does not have the money to provide them with the necessary communications. In total, according to regional authorities, 2,241 large families are now on the waiting list in the municipality. This is 50% of those who are waiting for a plot of land in the region under this program. In total, the city has currently provided 15 land plots, which is 0.7% of the need. According to the mayor's office, territorial planning projects have been developed, according to which it is planned to allocate about 1,050 land plots.
As part of “comprehensive work,” according to the official, land surveying and territory planning projects have been prepared for provision to large families. Thus, in the area of Bolshaya Okruzhnaya, Florentiyskaya and Lomonosova streets, it is planned to provide 82 land plots. However, the cost of providing them with infrastructure is 692 million rubles. Within the boundaries of the village of Zelenoe in the Central district of the city, 131 land plots have been formed; infrastructure costs here amount to 645 million 355 thousand rubles. On Aldanskaya, the planning project provides for the allocation of 65 plots, but 1 billion rubles must be spent on connecting communications here. And on Kirovogradskaya and Belorusskaya streets it is planned to allocate 107 plots, infrastructure costs will be 632 million rubles.
The main mistakes of citizens
There are several mistakes that parents with many children encounter when trying to receive monetary compensation instead of a plot of land.
- A mother raising her children alone was deprived of parental rights, and then restored to them for all three children. When trying to apply for compensation instead of a land plot to a government agency, the citizen was faced with a refusal. If a parent or both parents at once have been deprived of their parental rights, then they cannot apply for a plot of land or compensation payment, regardless of whether they have such rights at the time of application;
- A large family refused to receive compensation instead of a land plot, since two children were adopted. A family raising three or more children can apply for monetary compensation, regardless of whether all the children are related to their parents or not.
Apartment for many children instead of land
Answering the question of the leader of the Communist Party of the Russian Federation faction, Vladimir Korsun, who will benefit as a result of the adoption of the law - developers or large families, he said that the government is primarily focused on the interests of large families and in order to respect them, officials are ready to finalize the bill together with parliamentarians.
The leader of the A Just Russia faction, Daria Eisfeld, noted that the bill was supported by the social committee. “We have said before that every family in Russia can potentially become large. And we must create favorable conditions for large families, so that other families also strive to have children,” she said, but noted that the bill is now a framework - the volume and procedure for providing living space is determined by government decree, and not by regional law, which, in her opinion, contradicts the Land Code of the Russian Federation.
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Land plot or monetary compensation for large families
The location of land plots, terms of provision or the amount of monetary compensation are determined by local regional 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.
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Conditions for providing an apartment instead of land
To participate in the state program in 2021, the following condition must be met: a large family must not worsen its living conditions within five years after joining the program.
For example, the following:
- selling your home,
- registration of additional citizens in your residential premises,
- sale of land.
If at least one of these conditions is violated by the family participating in the program, then you can forget about the apartment.
Please note that if a residential property is sold that does not meet sanitary standards, then no restrictions are imposed, and the right of a large family to receive a land plot is retained.
If a large family is on the waiting list for housing, then in order to participate in the program for obtaining land, they must remove themselves from the waiting list for an apartment. This action will contribute to the decision making.
Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues. Find out more here.
To receive an apartment instead of a plot of land, you must notify your desire to the executive committee, which is located in local government bodies.
To apply, you need to write an application indicating the reason why you want to exercise the right to replace the land plot with an apartment.
The written application must be accompanied by documents confirming marriage, birth of children, a passport, documents confirming the family’s income, as well as documents for the premises in which the family lives, giving it a description.
After submitting an application, it is considered within a month from the date of its submission, after which a decision on the housing issue is issued.
Watch the video. Housing instead of land for families with many children:
The right to receive compensation for a land plot in Moscow
To receive a cash payment, a family must meet the following requirements:
1. Need for housing. The family registered for housing before 03/01/2005 or registered for housing and was recognized as low-income after 01/03/2005 (in order to register for such registration, parents must be registered in Moscow for at least 10 years, they must not have their own housing or their own housing less than the norm - less than 10 sq.m. for each family member, and over the last 5 years the family has not worsened its living conditions - did not sell, did not give away housing, etc.).
2. Age of children . As of the date of filing the application for compensation, the family had 3 minor children. Here it is worth paying attention to the fact that according to regional legislation in Moscow, a family is recognized as having many children until the youngest child turns 16 years old; the age of the older children does not matter. But to receive compensation, the age of at least three children matters - they must be minors.
