Children with disabilities have every right to housing, just like healthy people. Most often, they receive real estate if it is transferred to the estate of groups with weak protection of the country's population.

Providing housing for disabled children is completely legal and possible. It is due to the fact that a child with a certain incurable or seriously curable disease lives at the expense of the parents, and needs appropriate living conditions

Right to property

The provision of housing for disabled children is possible if all the conditions necessary by law are met. It is necessary to take certain measures, prepare papers and submit them to the authorities dealing with this issue. There are rules for improving living space. To obtain a residence, the following points should be remembered:

• the child has the right to receive a separate living space - an apartment, if he began to be registered in the relevant register before 01.01.2005;
• the accrual of certain financial support for children with disabilities is charged under the same condition.

The right to receive an apartment is inherent in children with disabilities from the day the doctor makes such a diagnosis, however, in order to obtain it, formalities should be taken into account.

Important! You should not fully rely on your own understanding and knowledge of the legal framework - this does not indicate the correctness of its interpretation. You should ask for help from a notary or a lawyer. They are competent in these matters.

On what grounds can you get housing

There is a document that carries information about the conditions for ordering a child with a serious illness on the appropriate registration, which is needed for the distribution of living space:

• the family's needs for a normal life with medical care should not exceed the normative value for life in their area;
• the apartment does not meet all sanitary standards, and also technically does not allow to support a child with a disability;
• if such a family with a sick child shares one living space with a seriously ill citizen;
• if the real living space is a hostel;
• if two families live in the same dwelling without confirmation of kinship.

Only a consequence of these reasons can be considered the beginning of the consideration of the case of providing housing for disabled children.

Remember! In such a family, housing conditions must fully comply and be calculated with the costs of improving the quality of living conditions.

How to get a living space if the child is not registered

It is believed that if a family has not registered a child with a complex health disorder before a certain time, then they have no right to receive a free place of residence. There have been cases when children with disabilities were born after the period specified in the documentation. In this case, the possibility of registration later is provided.

Families with seriously ill children often receive a separate living space due to the construction of new apartment buildings. Also, the legislation confirms the fact of expanding the living space, if it improves the conditions for keeping the child.

Compensation

It is not always possible to provide housing for children with disabilities, so some funding is provided. There is no legal compensation, but the government shares with the parents some of the costs of home improvement and support for such a child.

Financial support

Families with potentially sick children receive corresponding significant financial payments monthly for utility bills and other needs. This assistance applies to those who live in government-provided premises. Some types of payments that are charged personally to a registered person will be reduced directly for a disabled child.

Important! Since 2015 according to the legislation after purchase new apartment a family with a disabled child financial compensation for renovation work will not be charged.

Families can receive benefits to pay the monthly rent for rental housing.

What documents should be collected

In order for a child to have a chance to get an appropriate living space, he must be registered. In further processes, you will need such documents and certificates:

• information on the composition of the family from the district administration;
• information about the child's rehabilitation course;
• paper confirming disability and stage;
• other documents that indicate the deterioration of the child's condition.

To get a chance for a separate apartment, you must prove the fact of disability by providing all the available certificates from the hospital or the relevant center. This also includes a document indicating the presence of permanent diseases that are inherited.

The relevant state services carry out a special check, indicating whether the child needs a separate apartment.

To successfully complete the process of obtaining an apartment, you must provide the appropriate documents indicating the child's health and prepare all the papers with a lawyer in advance. It is also important to find a document on registration and check the date (it must be earlier than 1.01.2005).

Download a sample statement of claim for a separate living space

What are the conditions for receiving property assigned to persons who managed to register

Persons who managed to register before the agreed date will be provided with living quarters in accordance with the governing legislation.

Anyone who has registered before this deadline will be able to receive funds for the purchase of real estate. They will be listed from the general special fund. Can be spent exclusively on the implementation of solutions to the problem of housing for families with disabled children. In contrast to these persons, those who managed to register after the deadline will receive directly ready-made living quarters in the order of the corresponding queue.

Features for some disabled children

Children who live in the relevant social services and are left orphans, as well as without parental care, also have the full right to receive housing. To do this, they must be 18 years old, but on condition that the child can live independently and serve himself. This conclusion is provided during rehabilitation. Accommodation is provided after checking the relevant documents.

Providing housing for disabled children with serious illnesses

If a family has a disabled child with a seriously curable or incurable chronic disease, then there are nuances for such families. For them, housing is provided free of charge out of turn.

Also, such children are not subject to the temporary burden of registration. They can be entered there both before January 1, 2005, and after. In any case, they get a living space.

What is characteristic

To confirm the degree of the disease, it is necessary to submit the opinion of the relevant doctors. To obtain an apartment, you must fill out the form and register an application. The process of obtaining an apartment is similar to obtaining an apartment for families with disabled children.

Also, this process is characterized by the supply of ready-made living quarters, and not monetary compensation. The right to receive an apartment is preserved both until the age of majority and after.

To prepare documents for obtaining an apartment, it is better to seek help from a qualified lawyer. He will acquaint you with all the processes in more detail.

How to get an apartment for a disabled person, says lawyer Igor Afonin

Children with disabilities have the right to housing. Help for disabled children is considered a priority given the likelihood of providing housing to socially vulnerable groups of the population. This is due to the fact that a disabled child who lives on the support of his own parents or relatives needs special living conditions.

Disabled Child Housing Rights

How to get an apartment if the family has a disabled child? For these purposes, the legislation provides for a special system of measures that make it possible to purchase apartments for families with a disabled child. In addition, it is necessary to consider general rules improvement of housing conditions, which apply to cases of housing provision for disabled children.

To find out if children with disabilities are given apartments, you need to refer to the norms Federal law “On social protection of disabled people in Russian Federation”Dated 24.11.1995 No. 181-FZ. According to Art. 17 of this law, housing for disabled children will be provided taking into account the following features:

• a disabled child can receive housing for free under the federal program if registered as needy after January 1, 2005;
• apartment benefits for children with disabilities under regional programs - if registration took place before January 1, 2005.

The right to housing for this category of the population is provided for by law, however, in order for a disabled child to be provided with housing, many formalities must be completed.

How to get an apartment for a disabled child: conditions for acquiring housing

The procedure for registering citizens as those in need of better housing conditions is regulated by the Decree of the Government of the Russian Federation of July 27, 1996 No. 901.

This normative act establishes the grounds under which a family with such children can be put on the waiting list:

• the housing standard for the family of a disabled child must be below the local standard for providing housing;
• living in an apartment that does not meet sanitary requirements;
• if a family with a disabled child shares housing with citizens suffering from severe forms of illness;
• accommodation in hostels;
• living in adjoining rooms in the absence of the fact of kinship of two or more families.

Important! If the family has a disabled child, the rate of housing provided should be calculated in such a way as to eliminate the need for better housing conditions.

Are apartments given to disabled children if the family is not registered? No, this possibility is completely excluded.

Is it possible to get an apartment if a disabled child was born after being queued? The legislation does not contain grounds for refusal in this case, the family will have the right to provide housing, taking into account such a child.

How to get apartments for disabled children standing in line? The obligation to provide housing for such a category of citizens will be fulfilled as new housing is built by the state or municipal fund.

Is an extension of living space allowed for a disabled child? Federal Law No. 181-FZ provides such an opportunity if the child is confirmed to have a serious chronic illness, the list of which is approved by the Government of the Russian Federation.

In order to improve living conditions, a disabled child in 2017 is entitled to:

• free land according to the norms of the Labor Code of the Russian Federation and the right to housing in the order of general priority;
• benefits and compensation for housing payments.

Housing compensation for disabled children and other benefits

Compensation for the purchase of housing with a disabled child is not provided at the federal level, however, the legislation of the constituent entities of the Russian Federation may establish partial co-financing of the expenses of families who have decided to buy an apartment for a disabled child.

For citizens living with disabled children in residential premises of the municipal fund, compensation is provided monthly to pay for the maintenance of housing. Regardless of the type of housing stock, compensation for the payment of utility costs remained. The costs of water, gas, sewerage, electricity and heating, ODN will be compensated only for the disabled themselves, without taking into account other family members, within the limits of consumption standards.

Important! Buying an apartment with a disabled child will not allow the family to count on compensation for payment costs overhaul houses. In 2015, this benefit was canceled at the federal level.

Compensation for children with disabilities to rent housing is available from regional budgets when sending a child for rehabilitation to another region or settlement. The calculation of the amount of compensation is made based on the territorial remoteness of the place of treatment and other factors.

Required documents for obtaining housing for families with a disabled child

To provide housing for families with a disabled child, you need to register as those in need of housing improvement. The reason for this is the appeal of the family to the place of residence.

The package of documentation for the provision of housing for children with disabilities should include:

• an extract from the house book;
• certificate of disability;
• individual rehabilitation program for a disabled child;
• certificate of opening a personal account;
• other papers that have any other circumstances (for example, a medical certificate).

In order for the family of a disabled child to qualify for housing, the fact that there is a disability must be recorded and the reason for its occurrence must be indicated. Such certificates will also include documents on the presence of a severe chronic illness.

The need for housing for disabled children must also be confirmed. Medical social expertise, which is carried out by special federal institutions.

Thus, the purchase of housing for a family with a disabled child will be carried out depending on the priority of citizens. To find out how to get housing for disabled children in 2017, contact our specialists for help. We will help you fill out the necessary documents and collect the required certificates, just fill out the form feedback or call the numbers indicated on our website.

ATTENTION! Due to the latest changes in legislation, the information in the article could become out of date! Our lawyer will advise you free of charge - write in the form below.

According to Art. 17 disabled people and families with disabled children who need to improve their living conditions, registered after January 1, 2005, are provided with living quarters in accordance with the housing legislation of the Russian Federation.

The determination of the procedure for the provision of residential premises (under a social lease agreement or in ownership) to citizens in need of improved housing conditions registered before January 1, 2005 is established by the legislation of the constituent entities of the Russian Federation.

Thus, the law distinguishes between two groups of disabled people:

1. registered as those in need of housing improvement after January 1, 2005,

2. registered as those in need of better housing conditions before January 1, 2005.

When determining the procedure for the provision of residential premises, the norms of the Housing Code of the Russian Federation (hereinafter referred to as the Housing Code of the Russian Federation) are applied to the first group of disabled people, and the legislation of the subject of the Russian Federation applies to the second group.

According to Part 1 of Art. 57 of the RF LC, residential premises are provided to citizens registered as needing residential premises, in order of priority based on the time of registration of such citizens.

At the same time, according to clause 2 of the Rules for providing families with disabled children with housing, paying for housing and utilities (approved by Decree of the Government of the Russian Federation No. 901 of July 27, 1996), the grounds for recognizing disabled people and families with disabled children who need to improve their living conditions for registration are:

The provision of housing for each family member is below the level established by the executive authorities of the constituent entities of the Russian Federation;

Living in a dwelling (house) that does not meet the established sanitary and technical requirements;

Living in apartments occupied by several families, if the family includes patients suffering from severe forms of certain chronic diseases, in which it is impossible to cohabit with them (according to the conclusion of state or municipal medical and preventive healthcare institutions) in one apartment;

Living in adjoining non-isolated rooms for two or more families in the absence of family relations;

Accommodation in hostels, with the exception of seasonal and temporary workers, persons working under a fixed-term employment contract, as well as citizens who settled in connection with training;

Living for a long time on a sublease basis in the houses of the state, municipal and public housing stock, or renting in the houses of housing construction cooperatives, or in residential premises owned by citizens who have no other living space.

However, Part 2 of Art. 57 LCD RF establishes that out of turn residential premises under social tenancy agreements are provided:

· Citizens whose living quarters are recognized in the established manner as unfit for living and are not subject to repair or reconstruction;

Orphans and children left without parental care, persons from among orphans and children left without parental care, at the end of their stay in educational and other institutions, including social service institutions, foster families, orphanages family type, upon termination of guardianship (guardianship), as well as upon termination of service in the Armed Forces of the Russian Federation or upon return from institutions serving a sentence of imprisonment;

· Citizens suffering from severe forms of chronic diseases.

Thus, this list does not include people with disabilities, therefore, they are provided with living quarters under a social rental agreement in the order of general priority.

Out of turn, living quarters can be provided only if the disability is associated with a severe form of chronic disease, in which it is impossible for citizens to live together in the same apartment. The list of such diseases was approved by the Decree of the Government of the Russian Federation of June 16, 2006 No. 378:

LIST OF SEVERE FORMS OF CHRONIC DISEASES FOR WHICH IT IS IMPOSSIBLE TO COUNTER RESIDENCE OF CITIZENS IN THE ONE APARTMENT:

1. Active forms of tuberculosis with the release of Mycobacterium tuberculosis

2. Malignant neoplasms, accompanied by abundant discharge

3. Chronic and protracted mental disorders with severe persistent or often exacerbated painful manifestations

4. Epilepsy with frequent seizures

5. Gangrene of the extremities

6. Gangrene and necrosis of the lung

7. Lung abscess

8. Pyoderma gangrenous

9. Multiple skin lesions with profuse discharge

10. Intestinal fistula

11. Urethral fistula

In addition, according to Art. 17 of the Federal Law "On Social Protection of Disabled Persons in the Russian Federation", persons with disabilities may be provided with living quarters under a social rental agreement with a total area exceeding the provision rate per person (but not more than twice), provided that they suffer from severe forms of chronic diseases provided for by the following list (approved by Decree of the Government of the Russian Federation of December 21, 2004 N 817):

LIST OF DISEASES GIVING DISABLED, SUFFERING WITH DISABILITIES THE RIGHT TO ADDITIONAL RESIDENTIAL AREA:

1. Active forms of tuberculosis of all organs and systems.

2. Mental illnesses requiring compulsory dispensary observation.

3. Tracheostomy, fecal, urinary and vaginal fistulas, lifelong nephrostomy, stoma bladder, not surgically corrected urinary incontinence, unnatural anus, malformations of the face and skull with impaired breathing, chewing, swallowing.

4. Multiple skin lesions with profuse discharge.

5. Leprosy.

6. HIV infection in children.

7. Absence of lower limbs or diseases of the musculoskeletal system, including hereditary origin, with persistent dysfunction of the lower limbs, requiring the use of wheelchairs.

8. Organic diseases of the central nervous system with persistent dysfunction of the lower extremities, requiring the use of wheelchairs, and / or with dysfunction of the pelvic organs.

9. Condition after transplantation of internal organs and bone marrow.

10. Severe organic lesions of the kidneys, complicated by renal failure II - III degree.

The provision of housing and the improvement of housing conditions are regulated by the following documents:

Articles 17 and 28.2 of the Federal Law of 24.11.1995 N 181-FZ "On social protection of disabled people in the Russian Federation"

Decree of the Government of the Russian Federation of July 27, 1996 N 901 (as amended on 03/13/2014) "On the provision of benefits to disabled people and families with disabled children, to provide them with living quarters, payment of housing and utilities"

Decree of the Government of the Russian Federation of 15.10.2005 N 614 "On the approval of the Rules for the provision of subsidies from the federal budget to the budgets of the constituent entities of the Russian Federation for the implementation of the transferred powers of the Russian Federation to provide housing for veterans, disabled people and families with disabled children."