In municipal areas continues work on the allocation of land plots to large families.
As of 08.26.2015 in the Republic of Tatarstan:
- Large families - 36 705
- Included in the lists - 31 851
- Granted plots - 23 581 section.
Although the program of land to large families is implemented in 2012, the Ministry of land and property of the Republic of Tatarstan continues to receive questions about the free provision of land for large families, for example.
1. Can the members of a large family, living in different regions of the Russian Federation to be included in the lists for the receiving of land plot in the Republic of Tatarstan?
According to Article 32 of the Land Code of the Republic of Tatarstan (hereinafter - LC RT) plots of lands in municipal ownership, as well as land in the state ownership is not delimited, provided (transmitted) to the ownership of free citizens having three or more children permanently residing in the territory of the Republic of Tatarstan.
Free provision of land plots to large families is carried out in the Republic of Tatarstan in accordance with st.32.1 LC RT.
The direct provision of land is carried out by local authorities of urban districts, municipal districts, depending on the place of residence of the applicants.
If the applicant has not submitted documents or documents submitted by the applicant do not support the applicant's right to a land plot, the authorized local authority decides to refuse to include in the list.
2. Whether a family refuse to provided land plot and re-apply documents for inclusion in the lists for the receiving a land plot?
Article 32.1 of LC RT provides that citizens who have three or more children can once realize their right to give them the land.
Based on the provisions of Art. 32.1 LC RT , land plots receive to citizens having three or more children interested in the provision of land, permanently residing in urban or rural settlements within the municipal area available within the boundaries of the respective urban or rural settlements or in cases determined by the legal act of the representative body of a municipal district within the boundaries of a settlement as part of the municipal district.
In addition, there is an explanation of the Prosecutor's Office of the Republic of Tatarstan (ref. From 22.05.2013 № 21-181-13) on this issue, from which it follows that, in accordance with the LC RT is not provided for the rejection of the land, which has provided a large family of a local decision government on the basis of an act of choice land.
According to Art. 260 of the Civil Code of the Russian Federation persons who own land, they have the right to sell, give, pledge and dispose of otherwise.
3. Can a large family qualify for an apartment instead of land?
From the 1st of March, 2015 entered into force a number of amendments to the Land Code of the Russian Federation (hereinafter - the LC RF), including part of the free provision of land to large families.
Pre-existing rights to free provision of land for large families remains, but there are two important additions.
According to claim 6 st.39.5 LC RF regional authorities the opportunity to:
- Take into account the criterion of need in improvement of housing conditions;
- To provide such citizens with their agreement, other measures of social support to ensure the premises instead of the said land plots.
Free provision of land to large families is carried out in the Republic of Tatarstan in accordance with st.32.1 LC RT
Article 32.1 LC RT provides that citizens who have three or more children can once realize their right to give them the land.
LC RT found that the land granted to members of large families in the common ownership in equal shares.
The legislation does not contain any restrictions for large families on the disposal of land received as a state support. Citizens has provided an alternative to implement the land and get through this the possibility of improving their living conditions.
Thus, LC RT does not establish the possibility of acquiring large families instead of land dwelling, as well as restrictions on the disposal of land plots, which are given to large families.
Additionally, we inform that the recognition of the citizens in need of accommodation, registration and provision of land by the bodies of local government on the grounds provided by the Civil and the Housing Code of the Russian Federation.
This order established by the legislation of the Republic of Tatarstan and required to comply with the entire territory of the Republic of Tatarstan.