The need for registration
In the Russian Federation, providing housing for disabled children is one of the areas of state policy in the field of social protection of the population. Families raising children who are officially recognized as disabled based on medical reports can count on improved living conditions.
The right to improve housing conditions and provide living space for disabled children can be guided by Article 17 of the Federal Law No. 181 of November 24, 1995. In this case, registration is necessary. Russian legislation provides that the acquisition of priority rights to housing for disabled children is available to those citizens who registered as such before January 1, 2005.
Important! People who apply for benefits before the specified period can count on receiving funds from funds established for this purpose or from housing.
Many people are interested in the question of how to get an apartment for a disabled child after January 1, 2005. In this case, all actions will be regulated by the Housing Code of the Russian Federation.
The following indicators are very important:
- time of registration;
- queue number;
- availability of rights to priority receipt of residential premises.
Out of turn, residential premises can be purchased by disabled children living in social service organizations and who are orphans or children without parental care upon reaching 18 years of age. At the same time, the individual rehabilitation program for such a child must stipulate that he can perform self-care and lead an independent lifestyle.
In addition, disabled people and families that include disabled people have the right to priority receipt of land plots for individual housing construction, farming and gardening.
The first priority may be in children if their disease is associated with severe chronic forms. These categories are specified in the LCD and, for example, may include:
- abscess or necrosis of the lungs;
- malignant tumors;
- a number of mental illnesses;
- severe skin lesions;
- active tuberculosis and other diseases specified in Order of the Ministry of Health of Russia dated November 29, 2012 N 987n.
The Housing Code also provides for the right of priority receipt of housing for citizens (including disabled children) whose residential premises are duly recognized as unfit for habitation and cannot be repaired or reconstructed.
Download for viewing and printing:
Federal Law of November 24, 1995 No. 181-FZ “On the social protection of disabled people in the Russian Federation”
Housing Code of the Russian Federation dated December 29, 2014 N 458-FZ
The right of a disabled person to receive a land plot
According to the Russian law (Federal Law No. 181 “On social protection of disabled people in the Russian Federation” dated November 24, 1995), people with disabilities and representatives of disabled children (parents or guardians) have the right to preferential receipt of a land plot.
To obtain land, you do not need to participate in an auction: the plot can be obtained automatically if there are no other applicants from among disabled citizens. However, there are some restrictions.
Firstly, the land must be municipally owned, and it is the local authorities who decide whether it will be provided free of charge or at a reduced price. Secondly, it is necessary to justify the need for the site and indicate what exactly will be built on it. And finally, within three years after the acquisition of the site, the construction of the structure or farm that was announced must actually begin on it. This could be a residential building, a garage, a summer house, a vegetable garden or a garden.
How to get a plot of land
First of all, you need to prepare documents confirming your disability. Then you need to contact the local administration and write a statement justifying the need for the land plot and indicating what will be built there.
This application is accompanied by a package of documents, which includes:
- applicant's passport;
- certificate of family composition and copies of passports and birth certificates of children;
- TIN;
- certificate of disability;
- a certificate of family income and documents confirming a difficult financial situation.
A response from the authorized bodies is received within approximately 30 days. If it is positive, you can begin registering the site with Rosreestr.
You can use the right to receive a land plot only once in your life. If construction never begins, the site will be seized.
You can apply again only if the site has become unsuitable for construction as a result of an earthquake or other disaster.
Legislative regulation
The law of the Russian Federation has invented a special system that allows families with disabled children to purchase housing.
The right to improve housing conditions and provide living space for disabled children can be guided by Article 17 of Federal Law No. 181, which was adopted on November 24, 1995. For those who were registered after 01/01/2005, housing squares are issued in accordance with Article No. 57 of the Housing Code.
Living space for a disabled child in terms of standards
At the federal level, there is no specific value for the minimum size of housing that can be provided to a disabled person. This right is granted to local authorities. The number of square meters is affected by various conditions. So, for example, in Moscow, 18 sq.m. are allocated for one person who falls under the category of a disabled person. minimal.
Important! In other regions of Russia there may be other regulatory indicators, which can be found in local legislative acts.
Collection of documentation for benefits
Before obtaining housing for a disabled child, you need to collect a certain package of documents and submit it to local authorities.
The list of documentation includes the following:
- passport of a citizen of the Russian Federation;
- statement;
- an extract issued by Rosreestr, if there are already residential premises;
- an extract from the house register or a certificate of family composition;
- a document confirming the existing disability and related documents;
- marriage or divorce document and other documents confirming the degree of relationship.
The list of required documents for registration as those in need of improved housing conditions may vary depending on the region of residence, since local authorities independently develop a methodology for accepting citizens into the queue.
There are also frequent cases when confirmation of disability is completely refused. Then it is necessary to appeal the decision in court.
Attention! Submission of documents can be carried out by legal representatives of the beneficiary. Any officially authorized persons have the right to do this. To do this, you need a notarized power of attorney, which will clearly state this right.
How to get housing?
The Decree of the Government of our state established a certain procedure for registering citizens accordingly. We are talking about those families in which a child with disabilities is being raised.
Only those cases in which parents with a disabled minor child really need improved living conditions are considered.
The regulatory act established the grounds on which a family with such children can be placed on a waiting list:
- the standard of housing for parents with a child with disabilities must necessarily be lower than the local standard for providing housing space;
- living in an apartment that does not meet basic sanitary and technical requirements;
- mother, father and child with special needs share square meters with citizens who suffer from severe forms of various pathologies;
- a family with a disabled minor does not live in their own apartment, but in a dormitory;
- living in adjacent rooms in the absence of the fact of relationship between two or even more families.
It is necessary to pay attention that if a child with disabilities grows and is brought up in a family, then the standard of housing provided to him must necessarily be calculated in such a way as to eliminate the need for improving housing conditions.
Some families mistakenly believe that they can count on getting an apartment, even if they are not registered. This possibility is completely excluded.
If a child with a disability is on a waiting list for housing, he will be provided with an apartment only when new state or municipal houses are built.
As for expanding the living space, current legislation provides for such a possibility.
In this case, mandatory confirmation of a severe chronic disease is important. The list of such ailments has been approved by the Government of our state.
Conditions for providing housing out of turn
It should be noted that outside the main queue, citizens of our country who suffer from severe forms of chronic illnesses can apply for free housing (apartments):
- active forms of tuberculosis. We are talking about diseases that affect not only the respiratory organs, but also other body systems;
- severe mental illnesses, which may require mandatory medical observation;
- multiple skin lesions;
- leprosy;
- children with HIV infection;
- serious condition after transplantation of internal organs and bone marrow;
- tracheostomy, fecal, urinary and vaginal fistulas. This also includes a lifelong form of nephrostomy, bladder stoma, and urinary incontinence, which cannot be cured surgically. Facial malformations and an unnatural anus are also included in the category of severe pathologies. One of the most serious diseases are disorders of the development of the skull, which are accompanied by problems with respiratory function. In this case, the child cannot chew and swallow food normally;
- absence of lower limbs, serious diseases of the musculoskeletal system. This category can also include children with persistent impairment of the lower extremities; Often these children are in wheelchairs;
- severe organic damage to the organs of the excretory system, which are complicated by renal failure of the second and third degrees.
Documents to be received
To register as needy, you must provide the following documents:
- statement;
- certificate of personal account;
- certificate of family composition;
- certificates: marriage, divorce (if any), birth of children;
- information from the house register in the form of an extract;
- certificate of disability and rehabilitation program (photocopies);
- other documents depending on the specific situation.
The procedure for providing ownership of an apartment
Please note that square meters are provided to a family raising a disabled child strictly in order of priority. The length of the wait depends on the time when the minor with disabilities was registered.
Who can apply for living space
Only the presence of a minor family member with a disability cannot become an unconditional basis for receiving residential square meters.
It is very important to be exactly the family that needs improved living conditions. In this case, the authorities dealing with the issue of providing housing for disabled people rely on the Rules prescribed by the Housing Code (Article 51).
Circumstances that entail the right to preferential conditions include:
- the lack of housing for a disabled child or a member of his family, owned by right of ownership or under a social tenancy agreement;
- the area of residential premises that belongs by right of ownership to a disabled child or a member of his family or is rented is less than the accounting norm for one family member;
- the residential premises do not meet the requirements established for residential premises;
- Several families live in the apartment, one of whose members is sick, suffering from a severe form of chronic disease, in which living together with him is impossible. At the same time, the needy family should not have any other housing owned or leased.
Disabled persons are not included in a separate list of persons who are eligible for rental housing out of turn. They receive such housing on a first-come, first-served basis.
We discussed cases when a disabled child can qualify for housing out of turn. These include:
- the achievement of 18 years of age by a disabled child in a social service organization and the ability to independently manage everyday life as prescribed in the individual rehabilitation program;
- the housing in which a disabled child lives is unsuitable for habitation and cannot be repaired or reconstructed;
- a disabled child or a member of his family suffers from a severe form of a chronic disease.
Even without taking into account all the bureaucratic procedures, the Russian Federation, represented by its government bodies, must create comfortable conditions for people with disabilities:
- the presence of ramps or special lifts for wheelchairs in public places and residential buildings;
- provide assistance in relocating citizens with disabilities and their families to the first floors of houses, etc.
This is very important for the full functioning of society.
Download for viewing and printing:
Decree of the Government of the Russian Federation of July 27, 1996 No. 901
Features of obtaining a mortgage for a family raising a child with a disability
Mortgages for families raising children with special needs are extremely necessary. The state provides certain benefits. In this case, the living space is provided on credit at a discounted price. A certain part of the payments is compensated from the state budget to make it easier for parents with a disabled child to repay the debt.
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