Land plots for combat veterans - how to get
Content
Law No. 5-FZ dated January 12, 1995 regulates in detail the types of benefits, guarantees and compensation for various categories of veterans, including participants in combat events. Are there any preferential land plots for combat veterans according to current legislation? The answer to this question can be found in the material presented.
Laws and codes of the Russian Federation
Since the date of introduction of Federal Law No. 5-FZ, the composition and procedure for providing social support measures for various groups of veterans has changed repeatedly, both up and down.
According to the original version of this regulatory act, veterans had the opportunity to obtain a plot of land for construction in any subject of the Russian Federation (except for cities of federal significance), and to exercise this right they only needed to confirm their status.
For participants in hostilities, the right to receive free construction land was exercised by allocating plots of land at the expense of state or municipal lands. The existing rule allowed for the allocation of plots of land to veterans on a free basis, which was one of the most significant benefits under Federal Law-5.
Comprehensive changes to the provisions of Art. 16 of Law No. 5-FZ directly affected the list of guaranteed measures of social support for this category of citizens, etc. First of all, on the situation with the allocation of land to them.
Is a combat veteran entitled to a plot of land in the current version of the relevant law? Unfortunately, in 2004, the legislator amended this article and eliminated the mention of receiving an allotment of land on preferential terms.
Currently, support measures for participants in combat events, as well as the conditions for providing them with land from state and municipal territories, are regulated by the following regulatory documents:
- Federal Law No. 5-FZ (as amended on December 19, 2016);
- Land Code of the Russian Federation.
The provision for the gratuitous allocation of plots currently remains only for holders of the title “Hero of the USSR”, “Hero of Labor” or holders of the Order of Glory.
With regard to the surviving list of benefits, it should be noted that the provision of land or living space to participants in combat operations has been partially preserved in the following forms:
- allocation of residential real estate at the expense of the budget of the Russian Federation (if the applicant was registered before 2005) or on a general basis (in case of registration after January 2005);
- preferential opportunity to join collective associations of citizens, including cooperatives.
To exercise the right to register a land plot, a veteran will have to complete a set of procedural measures regulated by law.
How to get a land plot for a veteran - procedure
Amendments to Law No. 5-FZ regarding the elimination of the benefit for providing veterans with land came into force in 2005. From this moment, a land plot for combat veterans is provided on a general basis, regulated by the Land Code of the Russian Federation for all categories of residents.
The order of actions that must be performed to obtain plots can be presented in the form of step-by-step instructions:
- make a decision on the preliminary selection of the site of interest by requesting information from local authorities or through the public map of Rosreestr;
- if the selected plot is not formed in the prescribed manner, it is necessary to carry out land work through a cadastral engineer and obtain a layout diagram of the plot;
- send to the authorized authority an application for approval of the specified scheme indicating the purpose of use of the land;
- wait for the approval of the scheme, which will be carried out no later than two months from the date of application;
- carry out cadastral work to prepare the information necessary for subsequent registration with cadastral authorities;
- carry out cadastral accounting activities and registration procedures to enter information about the site into the Unified State Register of Real Estate;
- apply to local authorities with an application to hold a tender (auction) for the formed site;
- wait for the decision to hold a tender in relation to this plot of land (the period for making a decision cannot exceed two months).
This instruction applies to cases where the requested land has not been formed and is not registered with the cadastral authorities. If the site already has cadastral information, the procedure for submitting applications for the provision of a land plot will not contain conditions for obtaining a layout plan.
Depending on the conditions for the provision of land, the right to conclude a lease or purchase and sale agreement will be offered at auction. According to the intended purpose, the receipt of land by veterans is usually associated with subsequent housing construction.
Based on the results of the bidding, an agreement for the requested plot of land is concluded with the winner, or the only participant in the procedure, after which the land for combatants can be used in accordance with its intended purpose and permitted type of use.
It should be noted that the land lease agreement allows for the pre-emptive right to re-register the land as the property of citizens after the construction of a residential property on it.
If the construction site is not used for its intended purpose for a long time, it may be forcibly seized for subsequent distribution.
A package of documents and an application for a land plot
To register a land plot, combat veterans at various stages of the procedures must submit the following documents:
- application for the initiative to conduct bidding for the right to register land for rent or ownership;
- layout diagram of the land plot, if the procedure for registering an unformed plot is being carried out;
- documents proving the identity of the applicant or a notarized power of attorney for the representative;
- a certificate of a combat veteran, since regional legislation may establish additional benefits in terms of reducing rental payments for land;
- a boundary plan, which will be necessary to register the object with the Rosreestr authorities (drawn up after the local authority approves the veteran’s application).
The legal status of a veteran has no legal significance at the stage of approval of documentation and preparation for bidding.
However, after drawing up a land lease agreement, this category of citizens has the right to count on additional social support measures established by regional legislation.
The establishment of benefits for rent or property tax for citizens falls within the competence of local authorities or bodies of a constituent entity of the Russian Federation.
If in the region such benefits are provided for on a legislative basis, then they will be indicated in the contents of the contract and are subject to application from the first month of the contractual relationship.
Sample application
The document that has the most important legal significance at the stage of land allocation is the veteran’s application to the local government authority. The legislation does not regulate special requirements for its content, however, an approximate example of this form can be approved at the level of local authorities.
download a sample application on our website in MS Word format, and the proposed recommendations will tell you the nuances of filling it out.
Also, instructions for filling out this form are usually contained on the websites of local authorities.
As a rule, an application for preliminary approval of land is presented in the form of a document with arbitrary content. For legally significant consequences to occur, the veteran must indicate the following information in the text:
- personal identification data of the applicant;
- the grounds for the allocation of land from a state or municipal fund, indicating the type of right requested, the intended purpose of the allotment and the type of permitted use;
- list of attached documents.
After registration activities have been carried out by the Rosreestr authorities, the veteran sends another application, the contents of which include:
- data on preliminary approval of site selection;
- information about the land allotment included in the cadastral information of the Unified State Register of Real Estate, including the unique numeric code of the object - cadastral number;
- the grounds for the provision of land, indicating the type of right requested, the intended purpose of the allotment and the type of permitted use;
- information about the applicant or his representative.
After receiving each of these types of applications, local government officials have no more than two months to carry out the requested action (agree on a layout, schedule a public auction, etc.).
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