Apartments Instead of Land for Large Families 2020

On March 1, 2020, a new provision was introduced into the current version of the Land Code of the Russian Federation, according to which regional authorities may establish the possibility of providing large families in need of improved housing conditions with “measures to provide residential premises ” instead of the previously existing right to receive a free plot of land . first appeared among citizens with three or more children in 2011 in accordance with paragraph 2 of Art. 2 laws of June 14, 2011 No. 138-FZ.

However, for a long time, the format for providing this measure of social support was not clear due to the fact that the relevant requirements and procedure for providing large families with housing in exchange for free land were legally free for the authorities of the constituent entities of the federation to establish independently.

As a result, in practice, since then, the most widespread scheme in the regions has been to issue money for apartments to large families instead of land in the format of a housing certificate to receive a subsidy similar to payments for housing under the “Young Family” program.

How can a large family get money instead of land?

Amendments introduced from March 1, 2020 to the Land Code of Russia by Law No. 487-FZ dated December 29, 2014 do not provide for any single way of obtaining support from regional authorities for the acquisition by citizens with three or more children of residential premises in exchange for free land plot.

First of all, for this, the family will need to join the general queue for land for large families for housing construction (in most regions of the country this queue still continues to increase, but according to the instructions of Prime Minister Dmitry Medvedev , it must be eliminated by April 2019). The law specifies that an additional requirement may now also be established:

• they must be registered with local authorities as those in need of improved housing conditions;
• A large family must have grounds for such registration at the time of application.

After this, if the authorities of the corresponding region have adopted a program to provide large families with housing in exchange for receiving free land for building a house, it is necessary, if there is a corresponding desire, to submit to the authorized body at the place of residence an application for participation in the new program, signed by all adult family members, with the provision of the necessary documents (the list is established individually by regional authorities and must be specified at the place of residence).

If a family does not independently declare its consent to receive money instead of land, it will remain in the general queue for a large family to receive ownership of a free plot of land.

Large families may be given apartments instead of land 2020

• It will be most convenient to look at the queue number on the website or through the MFC;
• by contacting the administration directly with a request for information about the progress of the queue. This will also allow you to obtain more detailed information on any questions you may have by consulting with an authorized representative of the administration.

In order to get an apartment instead of a land plot, you just need to submit an application. The application indicates all the necessary information that can confirm the right of a family recognized as having many children to receive a land plot and the legitimacy of the desire to receive an apartment instead of land.

An example of how you can get money for your third child instead of land

In 2020, in the Khanty-Mansiysk Autonomous Okrug, within the framework of the housing program “Providing affordable and comfortable housing for residents of the Khanty-Mansiysk Autonomous Okrug - Ugra”, government decree No. 137-p dated May 6, 2016 approved an event providing for the provision of a choice of large families who were in line to receive free land, providing in return a social benefit in the amount of 30% of the cost of housing , determined taking into account:

• number of members of a large family;
• accounting standard for living space (18 sq. m for each person);
• the average market value of 1 square meter of housing, approved once a quarter by the Ministry of Construction of the Russian Federation (in Khanty-Mansi Autonomous Okrug is 42,204 rubles for the fourth quarter of 2020);
• period of residence in the region (the maximum amount of payment can be received subject to residence in the Khanty-Mansiysk Autonomous Okrug for 15 years or more).

The family's right to receive a subsidy is confirmed by a certificate for improvement of living conditions , which has a limited validity period and can be sent:

• for the purchase of an apartment or house under a sales contract ;
• purchasing an apartment in a new building through an agreement of shared participation in construction ( DDU );
• for the purchase of housing with a mortgage by using a housing certificate for: payment of the down payment for a mortgage loan;
• repayment of debt and interest on housing loans taken before or after becoming eligible for a subsidy.

As you can see, the size and procedure for providing subsidies to large families in exchange for land for the purchase of an apartment or house are similar to the rules for obtaining a certificate under the “Young Family” program.

It is noteworthy that an apartment or residential building under the certificate must be purchased in the territory of the corresponding region, both on the primary and secondary housing markets. At the same time, it is not allowed to purchase residential premises whose age exceeds 2 years from the date of commissioning.

Check the conditions for providing money instead of land to large families in other regions of the country with the administration at your place of residence (city and regional departments, departments or departments of housing and land relations).

Rules for registering a plot of land or an apartment for large families

To get in line to receive a plot of land from the state, a large family must write an application and submit the required package of documents.

The application must indicate how the land will be used. Employees of the municipal authority will check the documents and, if the result is positive, will inform you about your placement in the queue.

Terms of service

To receive a plot of land, a family must stand in line. In this case, certain conditions must be met:

The land plot from the state will subsequently be registered as shared ownership for all family members. This condition is mandatory when providing housing from the state fund.

Thus, in the event of the birth of a third child in a family, she is among the families that can receive a free plot. To qualify, all children must be currently minors.

Photo: conditions for providing land to large families

The resulting land plot can be used for the following purposes:

• home construction; • construction of a summer house; • farm planning.

You can also highlight certain criteria by which an apartment for a large family should be selected:

Government support options

The main measure of assistance from the state is the provision of land to large families. However, there are other support options:

Features of using compensation

State payments to large families for the purchase of housing are provided free of charge. At the same time, there are some features of using these funds:

1. Funds provided must be spent within nine months of receipt.
2. State funds can be used exclusively for the purchase of an apartment.
3. The money is provided in the form of a certificate.
4. The purchased housing must be registered as shared ownership.
5. An apartment that is purchased with state funds cannot be used as collateral for a loan or be under arrest.

Legal grounds for receiving compensation

The main document on the basis of which compensation for land is provided to large families is Federal Law No. 138. It was adopted on June 14, 2011. The regulatory legal act contains rules for promoting housing construction.

The document was transferred to the jurisdiction of the subjects of the country. Therefore, each region has the right to independently decide how to provide support to those in need.

Local authorities must follow the regulations developed at the federal level. But this does not imply resolutions. It is important to remember the points reflected in Article 39.5 of the Land Code of the Russian Federation.

Paragraph six of the article prescribes the rules for the provision of land plots free of charge. But since the subject acts as an owner, he may not obey these norms.

Article 39.5. Cases of provision of a land plot in state or municipal ownership

Many regions treated the federal law negligently. They allocated plots in places that were inadmissible for living, remote from transport and utilities. Therefore, the authorities assessed the implementation of the program ambiguously.

They noted:

• ineffectiveness of the project;
• the need to update the effectiveness of state support;
• the importance of the amendment to receive compensation from March 2020 instead of land.

In accordance with the innovations introduced, citizens have the right to receive subsidies instead of land plots at their discretion.

Sample birth certificate

Permission to build a house on your own site must be obtained from the relevant authorities. Read here how to transfer the right to lease a land plot.

Large families may be given apartments instead of land 2020

• a copy of the document confirming the identity of the applicant;
• a copy of the document confirming the conclusion of the marriage relationship;
• documents confirming the presence of children;
• documents confirming residence for the last five years;
• documents confirming family income (certificates from the place of work, from the tax office).

We recommend reading: Certificate for a Large Family What does it provide in 2020 in the Perm Territory

These provisions are still in effect, so in 2020 every family has the right to choose between a plot of land and an apartment. Although there are exceptions to this rule, because not every family is provided with such benefits.