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

Providing housing for children with disabilities is completely legal and possible. Due to the fact that a child with a certain incurable or severely curable disease lives at the expense of his parents and needs appropriate living conditions

Right to property

The provision of housing for children with disabilities is possible if all the conditions required 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 housing. To obtain a residence, you should remember the following points:

• the child has the right to receive a separate living space - an apartment, if he began to be registered in the relevant register before 1.01.2005;
• the accrual of certain financial support for children with special needs is accrued under the same condition.

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

Important! Do not rely entirely on your own understanding and knowledge legislative 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 I get housing

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

• the family's needs for a normal life with medical care should not exceed the standard value for life in their area;
• the apartment does not meet all sanitary standards, and also technically does not allow the maintenance of 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 proof 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.

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

How to get housing if the child is not registered

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

Often, families with seriously ill children receive separate living space as a result of the construction of new apartment buildings. Also, the legislation confirms the fact of expanding the living space, if this will improve the conditions of the child.

Compensation

Providing housing for children with disabilities is not always possible, so some funding is provided. No monetary compensation is provided for by law, but the government shares with parents some of the costs of housing and supporting such a child.

Financial support

Families with potentially ill children receive correspondingly significant financial payments on a monthly basis for utility bills and other needs. This assistance applies to those who live in the premises provided by the state. Some types of payment, which are charged personally to a registered person, will be reduced directly for a disabled child.

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

Families may receive benefits for paying monthly rent for rental housing.

What documents should be collected

In order for a child to have a chance to receive an appropriate living space, it must be registered. In further processes, you will need the following documents and certificates:

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

In order to get a chance to be allocated a separate apartment, it is necessary to confirm the fact of disability by providing all 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.

In order to successfully complete the process of obtaining an apartment, you should provide the relevant documents indicating the state of health of the child and prepare all papers with a lawyer in advance. It is also important to find the registration document and check the date (it should be earlier than 01/01/2005).

Download a sample statement of claim for the provision of a separate living space

What conditions for obtaining property are assigned to persons who managed to register

Persons who managed to register before the agreed deadline will be provided with housing in accordance with the governing legislation.

Anyone who registered before this deadline will be able to receive cash for the purchase of real estate. They will be transferred from the general special fund. Can be spent solely on implementing a housing solution for families with disabled children. In contrast to these persons, those who managed to get registered after the deadline will receive directly a ready-made living space in the order of the corresponding queue.

Features for some disabled children

Children who live in appropriate social services and are orphaned and without parental care are also fully eligible for housing. To do this, they must be 18 years old, but on the condition that the child can live independently and serve himself. This conclusion is provided during rehabilitation. Housing is provided after verification of the relevant documents.

Provision of housing for disabled children with serious illnesses

If a family has a disabled child with a severely curable or incurable chronic disease, then there are nuances for such families. For them, the provision of housing free of charge is carried out 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 receive a living space.

What is characteristic

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

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

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

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

Disabled children have the right to housing. Assistance for children with disabilities is considered a priority if it is likely that housing will be provided 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.

The rights of a child with a disability to housing

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 for families with a disabled child to purchase apartments. In addition, it is necessary to take into account general rules improvement of housing conditions, which apply to cases of providing housing for children with disabilities.

To find out if apartments are given to children with disabilities, you need to refer to the norms federal law“On social protection of disabled people in Russian Federation” dated November 24, 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 free of charge under the federal program if registered as needy after January 1, 2005;
• housing benefits for disabled children 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 child with a disability 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 improved housing conditions is regulated by 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 norm of housing 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 and technical requirements;
• if a family with a disabled child shares housing with citizens suffering from severe forms of illness;
• accommodation in hostels;
• accommodation in adjacent 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 put on the waiting list? The legislation does not contain grounds for refusal in this case, the family will receive the right to provide housing, taking into account such a child.

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

Is it possible for a child with a disability to expand the living space? Federal Law No. 181-FZ provides such an opportunity if the child is confirmed to have a serious chronic disease, the list of which is approved by the Government of the Russian Federation.

In 2017, to improve housing conditions, a disabled child is supposed to:

• free land in accordance with the norms of the Land Code of the Russian Federation and the right to housing in the order of general priority;
• benefits and housing allowances.

Compensation for housing for children with disabilities 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 a family that has decided to buy an apartment for a disabled child.

For citizens living with disabled children in residential premises of the municipal fund, monthly compensation is provided to pay for the maintenance of housing. Regardless of the type of housing stock, compensation for the payment of utility costs has been preserved. Expenses for 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.

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

Compensation for disabled children renting housing is available at the expense of regional budgets when a child is sent for rehabilitation in another region or locality. 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 child with a disability

In order to provide housing for families with a disabled child, you need to register as in need of improved housing. The reason for this is the appeal of the family at the place of residence.

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

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

In order for the family of a disabled child to apply for housing, the fact that there is a disability must be recorded, and the reason for its appearance must be indicated. The composition of such certificates will also include documents on the presence of a serious chronic disease.

The need for housing for children with disabilities should also be confirmed. To establish these circumstances will help medical social expertise carried out by special federal agencies.

Thus, the acquisition of housing for a family with a disabled child will be carried out depending on the order of citizens. To find out how to get housing for children with disabilities in 2017, please contact our specialists for help. We will help you complete Required documents and collect the required certificates, just fill out the form feedback or call the phone numbers listed on our website.

ATTENTION! Due to recent changes in legislation, the information in the article could be outdated! Our lawyer will advise you free of charge - write in the form below.

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

Determining the procedure for providing residential premises (under a social tenancy 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 persons with disabilities:

1. registered as in need of better housing conditions after January 1, 2005,

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

When determining the procedure for providing residential premises, the norms of the Housing Code of the Russian Federation (hereinafter referred to as the HC RF) are applied to the first group of disabled people, and the legislation of the constituent entity of the Russian Federation is applied to the second group.

According to Part 1 of Art. 57 of the Housing Code of the Russian Federation, residential premises are provided to citizens who are registered as in need of residential premises, in order of priority, based on the time such citizens were registered.

At the same time, according to clause 2 of the Rules for the provision and to families with disabled children, on providing them with living quarters, paying for housing and utilities (approved by Decree of the Government of the Russian Federation of July 27, 1996 No. 901), 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 live together with them (according to the conclusion of state or municipal medical and preventive healthcare institutions) in one apartment;

Accommodation in adjacent non-isolated rooms for two or more families in the absence family relations;

Accommodation in dormitories, 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 hiring in the houses of housing construction cooperatives, or in residential premises owned by citizens on the right of ownership who do not have other living space.

However, part 2 of Art. 57 LC RF establishes that living quarters under social tenancy agreements are provided out of turn:

Citizens whose living quarters are recognized in accordance with the established procedure as unfit for habitation and are not subject to repair or reconstruction;

for 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, in 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 executing punishment in the form of deprivation of liberty;

Citizens suffering from severe forms of chronic diseases.

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

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

LIST OF SEVERE FORMS OF CHRONIC DISEASES IN WHICH IT IS IMPOSSIBLE TO HAVE JOINT CITIZENS IN THE ONE APARTMENT:

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

2. Malignant neoplasms, accompanied by copious secretions

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 lung necrosis

7. Lung abscess

8. Pyoderma gangrenosum

9. Multiple skin lesions with profuse discharge

10. Intestinal fistula

11. Urethral fistula

In addition, according to Art. 17 of the Federal Law “On the Social Protection of Persons with Disabilities in the Russian Federation”, persons with disabilities may be provided with housing under a social tenancy 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 THAT GIVE DISABLED SUFFERERS THE RIGHT TO ADDITIONAL LIVING SPACE:

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

2. Mental illness requiring mandatory dispensary observation.

3. Tracheostomy, fecal, urinary and vaginal fistulas, lifelong nephrostomy, stoma Bladder, non-surgical 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 genesis, 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 internal organs and bone marrow.

10. Severe organic kidney damage, complicated by II-III degree renal failure.

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 November 24, 1995 N 181-FZ "On the social protection of persons with disabilities in the Russian Federation"

Decree of the Government of the Russian Federation of July 27, 1996 N 901 (as amended on March 13, 2014) “On the provision of benefits to disabled people and families with disabled children to provide them with living quarters, pay for housing and utilities”

Decree of the Government of the Russian Federation of October 15, 2005 N 614 "On approval of the Rules for the provision of subventions from the federal budget to the budgets of the constituent entities of the Russian Federation for the implementation of the transferable powers of the Russian Federation to provide housing for veterans, disabled people and families with disabled children."