Use maternity capital to improve housing conditions. Maternity capital for housing improvement: all legal options and the nuances of their design

More than 90% of certificate holders prefer to use maternity capital to improve housing. And this is not surprising, since the housing issue remains a pressing problem for most Russian families. There are several ways to improve living conditions, each of which involves its own nuances of applying the certificate and paperwork. We will tell you in detail about each of them so that you can easily choose the most suitable option for yourself.

Options for improving living conditions at the expense of matkapital

Acceptable applications mat. capital in order to resolve the issue of housing are spelled out in Art. 10 of December 29, 2006. You can get personal square meters as follows:

• purchase housing directly from the seller under a sale and purchase agreement;
• build;
• finance equity construction;
• join a housing cooperative;
• take a mortgage loan.

Maternity capital legislation also allows:

• reconstruction of existing buildings;
• reimbursement of expenses for an already erected house;
• payment of debt on previously issued housing loans.

Using the certificate for the above purposes is possible only subject to certain restrictions:

• the object being purchased or under construction is located within the borders of the Russian Federation;
• a child for whom financial assistance from the state has been assigned is 3 years old (the condition does not apply to cases with a mortgage);
• acquired real estate is registered for all family members, including those born during the period of ownership of the certificate (shares are determined by agreement of the parties).

Moreover, each of the presented ways of using the certificate has its own special conditions and rules that are approved. We will consider them further.

Direct purchase of living space

The main feature of the purchase and sale of residential properties with the use of maternity capital is that in addition to the seller and the buyer, a third party is involved in the process - the Pension Fund of the Russian Federation. This moment is necessarily indicated in the contract, since it is the FIU that transfers money to the accounts of individuals or organizations that sell real estate.

Funds for the purchase of housing are never transferred to the account of the owner of the certificate and, moreover, are not given to him in cash. Attempts to cash out matkapital are fraught with fines of up to 300,000 rubles and imprisonment for up to 4 years.

To buy real estate at the expense of mat. capital, the owner of the certificate or his representative is required to submit an application and documents accompanying the transaction to the local branch of the FIU. The application must indicate the chosen direction of spending the funds and the specific amount. If the family moved abroad for permanent residence and at the time of the acquisition of the object does not have registration in the Russian Federation, the documents are submitted to the central office of the Pension Fund.

The mandatory documents, regardless of the chosen option for improving housing conditions, include:

• passport of the owner of the certificate or his representative (in the second case, you will also need a power of attorney certified by a notary in his name);
• passport of the second spouse;
• Marriage certificate.

In case of direct purchase of an apartment or house, the following are additionally submitted:

• purchase and sale agreement (copy), passed the state procedure. registration;
• extract from the USRN;
• a certificate from the seller confirming the amount outstanding under the contract.

The law provides for both the acquisition of housing exclusively for the mother capital, and its use in combination with their own savings. Considering that in 2018 the amount of financial state aid to families with children is 453,026 rubles, the second option seems more realistic. In this case, a transaction is concluded with a deferred payment and a note must be made in the documents about the repayment of the remaining amount by the mother capital.

The procedure for financing individual construction will depend on who will build the residential object - the owner of the certificate himself (with the help of relatives or friends) or the involved construction company.

When self-built, initially you can only count on half of the amount due. To receive it, the following is sent to the FIU:

The remaining amount can be received after 6 months, and only upon the provision of papers proving the construction of the main structures of a residential building - the foundation, walls and roof.

If the house will be erected by a construction company, a construction contract is added to the above documents. And the capital is transferred directly to the contractor in full.

Money is allowed to be spent only on financing construction work, but not on a land plot. The family acquires the land for construction on their own, and the owner of the certificate or his spouse should be registered as its owner.

Share building

In case of shared construction, the contractor attracts funds from future apartment owners for the construction of a house. Despite all the risks of this method of acquiring real estate (monetary fraud, freezing of construction for an indefinite period), due to its relatively low cost, it remains popular.

For the disposal of the capital for this purpose, the FIU shall submit:

• participation agreement in shared construction (after the state registration procedure);
• certificate of previously paid amounts and outstanding balance;
• a receipt with an obligation to allocate a share in the acquired object to each of the family members no later than 6 months from the date of delivery of the deed of transfer.

It is possible to use matkapital for the purpose of shared construction, as in the classic version of buying a home, only after the child is 3 years old. But if the debt under the agreement is covered by mortgage funds, it is allowed to apply the certificate immediately after receiving it.

Cooperative housing

The essence of housing cooperatives is to pool the savings of citizens for the purpose of buying or building housing. To join such an organization, you must pay a membership fee for administrative needs, and then regularly contribute funds to the general budget intended to provide contributors with living space.

There are 3 types of cooperatives:

• standard;
• housing construction;
• housing savings.

In the first case, apartments are bought for members of cooperatives, which can be located in different houses. The building cooperative is engaged in the construction of a house (independently or with the involvement of a contractor), as a result of which the investors' apartments are located in the same room. Savings cooperatives are in many ways similar to mortgages - an initial payment is made, and the missing amount is lent. However, they are favorably distinguished by a lower interest rate, which, as a rule, does not exceed 3%.

Matkapital is allowed to be used to participate in any form of cooperative organizations. To do this, the FIU serves:

• a document confirming the participation of the owner of the certificate in the association (an extract from the register of members or a decision on admission to the cooperative);
• certificate of previously deposited amounts and outstanding balance;
• a copy of the organization's charter;
• a receipt on the obligation to allocate shares in the received object to each of the family members no later than 6 months after the last share contribution is paid off.

In this case, the FIU transfers money directly to the bank account of the cooperative.

Mortgage credit lending

The main feature and advantage of buying a home on a mortgage with the use of matkapital is the opportunity to use the certificate until the child turns 3 years old. In this case, you can use the funds in two ways:

• send to the bank as a down payment;
• pay off your existing mortgage debt.

The chosen goal must be specified in the application to the FIU. If a down payment is paid, the accompanying documents will be:

• copy of the loan agreement;
• a receipt on the obligation to allocate a share in the acquired object to each of the family members no later than 6 months from the date of removal of the encumbrance.

If interest and principal are paid, the FIU will request:

• a copy of the loan agreement;
• a certificate from a credit institution on the balance of debt;
• an extract from the USRN;
• a receipt on the obligation to share registration of the apartment (if the registration was previously carried out in a different way).

It will be possible to pay off the mortgage debt through the capital capital only if the owner of the certificate or his spouse appears in the credit documents. If the loan was taken by their parents, funds for such purposes will not be provided.

In addition to the opportunity to use the maternity capital, families with two or more children in 2018 have access to preferential terms for obtaining a mortgage. According to them, they are entitled to subsidize a mortgage loan for 3 years for the second child and 5 years for the third. All this time, the borrower pays the loan at a preferential rate of 6%, and everything above it is financed by the state.

House reconstruction

Families who own a private house can spend their materiel to renovate it. This concept means carrying out construction work, the purpose of which is to increase the area of ​​housing by one registration rate of the area or more. The value of the accounting rate is adopted at the local level. You can find out it in the territorial municipality. If the number of registration norms for the area in the house occupied by the family corresponds to the number of its members or exceeds it, the issuance of maternity capital for such purposes will be denied.

House expansion can be done in several ways:

• extension of an additional room;
• construction of one more floor;
• re-equipment of the attic for a living room;
• construction of a terrace, etc.

Funds are provided only in the case of one's own construction work without the involvement of contractors.

The following works cannot be carried out with the help of the mother capital:

• redecoration of premises;
• water supply, sewerage or heating system;
• installation of windows and doors.

The exception is gas supply to the house. Although such works do not expand the area of ​​the building, they fall under the concept of reconstruction.

Terms of money transfer

After accepting the application for the disposal of the funds of the capital, the FIU employees have 30 days to review the documents and make a decision. If the answer is yes, within 10 working days the money is credited to the recipient's account (seller, construction company, bank, etc.).

If, before the transfer of funds, the owner of the certificate changed his mind, a new application must be submitted to the FIU, which will cancel the previous one and suspend all operations.

When can I be refused?

The PFR makes a negative decision in the following cases:

• incorrect execution of sales contracts, mortgages, for the construction of a house, etc.;
• providing false information or forged documents;
• acquisition of garden houses (with the exception of cases of recognition of them as residential in a judicial proceeding);
• registration of land for the construction of a house for third parties;
• inconsistency of the acquired housing with the concept of improving living conditions.

As for the last point, here the reason for refusal may be:

• location of the object in the basement or on the ground floor;
• lack of a legal basis for the construction of a house (land is not intended for individual construction);
• problems with natural lighting of housing;
• lack of communications (water, light, heat) - the exception is areas with no centralized water supply, sewerage and heating networks;
• Acquisition of a share in a premise with no additional access (unless the family already owns the remaining shares in a residential property);
• belonging of a house to a dilapidated or emergency fund.

If there are grounds, the Pension Fund may additionally request from the relevant authorities the following information about the owner of the certificate:

• on deprivation (restriction) of the right to raise a child, for the birth of which a certificate was issued;
• on the refusal of the adopted child, for the adoption into the family of which the mother capital was accrued;
• about committing crimes against children;
• about the fact of removal of the child from the family by the guardianship and guardianship authorities.

If the information about any of the listed actions is confirmed, the owner of the certificate will be deprived of the right to receive the mother capital.

If a negative decision made by the FIU does not comply with the law, it can be challenged in court.

Maternity capital can be a significant help in acquiring your own square meters. This is especially true for regions with relatively low real estate prices. The main success factor in this business is the correct paperwork. Citizens who have no experience in such matters will find it more profitable to hire a qualified lawyer than to spend money on re-registration of documents and litigation in the future.

The use of maternity capital to improve housing conditions is the most demanded and significant investment of the received budget funds. In 2019, the amounts guaranteed by the state are 453,026 rubles. Indexing or resizing mat. capital in 2019 - 2020 is not planned.

Each family independently decides how to dispose of subsidized funds. The allocation of budgetary funds to improve living conditions in families who own the certificate are regulated by Art. 10. Various options for investing the capital received are offered, for example:

• purchase of a separate home without attracting credit loans;
• early repayment of part of the mortgage debt or making the first mortgage payment;
• payment of funds for individual shared construction;
• compensation payment for previously carried out reconstruction or restoration of housing.

Receiving maternity capital for improving housing conditions

To exercise the right to a subsidy, you must submit to the authorized body - the Pension Fund of Russia, an application for the payment of maternity capital (), filled out according to a standard sample, and copies of the following documents:

• applicant's passport;
• birth certificate of the second child (drawn up in the registry office), as well as documents certifying the birth of other children in the applicant's family;
• a document on the Russian citizenship of the baby (registration is carried out at the local branch of the Federal Migration Service);
• SNILS of the applicant.

Consideration of the application and verification of the submitted documents to the Pension Fund is carried out within a calendar month. The adoption of a positive decision by the Pension Fund guarantees the issuance of a state-recognized certificate and allows the use of guaranteed maternity capital assets to improve the living conditions of the family.

Established new terms for material support for mat. capital, not more than ten working days. The allocated budgetary resources can be transferred to the settlement accounts of a construction company, a retailer of a secondary home, or to a specific applicant if the costs of repairing an old or building a new home are confirmed. A family that plans to change living conditions with the provision of funds from maternity capital should be aware that all settlements are made only by non-cash method and cash payments are unacceptable.

Investment options for changing housing conditions

Compensation for previously invested funds. Purchase of a separate home. Conclusion of an agreement for participation in shared construction.

State aid to families with two or more children involves compensation payments if material funds were previously invested in. However, there are a number of points limiting payments involving maternity capital payments.

The document defining the ownership of the erected building must be dated no later than December 31, 2006, but if the housing was reconstructed after January 1, 2007, then the date of registration of ownership is no longer taken into account.

The number of compensation payments due to the family certificate for previously invested funds to improve housing conditions is small.

The most popular among families are options for investing maternity capital in the acquisition of their own, separate housing. Such transactions are subject to a number of requirements aimed at protecting the quality of life and interests of children:

1. The purchased housing must be located in the territory of the Russian Federation.
2. The purchased apartment on the secondary market must be suitable for living and comply with the established sanitary standards.
3. If you purchase your own home, you must immediately draw up a notarized agreement for the allocation of equal shares with the participation of all family members, including minor children.
4. In the case of purchasing a new building, the readiness of housing under construction must be at least 70%.
5. Given that transactions for the acquisition of housing are monitored and audited by the Pension Fund, the seller must have a clause in the charter authorizing budget replenishment.

Subsidies for maternity capital can also be used for registration by a participant in shared construction. The only difference from the usual agreement on shared participation is that the participant in the shared construction does not contribute his own funds, but disposes of the state subsidy.

It should be noted that lawyers consider equity participation agreements risky due to the unfairness of the developers, as well as fraudulent schemes when the agreements bear signs of other transactions. The Pension Fund, as a regulator of payments of budgetary funds under the state program, may refuse to allocate funds under an agreement on shared participation.

How to buy a home on a mortgage using a certificate for maternity capital

The highest demand for transactions of assets of family certificates in 2019 was recorded in the field of mortgage lending. The participation of partner banks guarantees fast transactions.

Use the starting checkmate. capital under the mortgage lending program can be:

• to make an initial mortgage payment;
• for early closure of part or all of the remaining debt taken earlier on the mortgage.

When registering subsidized capital for the initial payment on a mortgage, the bank draws up one loan, which includes two parts. One part of the loan is no more than 450,000 rubles, that is, equal to the amount of mat. capital, the second part is the remaining amount of the total cost of the purchased dwelling. Within a period of up to two calendar months, the Pension Fund will transfer the specified amount to the current account of the partner bank. The interest to the bank is paid by the borrower independently until repayment and is not included in the cost of the first mortgage payment. The rest of the loan will be calculated based on the program offered by the bank.

Banks that operate under the mortgage lending program secured by maternity capital:

• Sberbank;
• Bank of Moscow;
• VTB 24;
• DeltaCredit;
• Rosselkhozbank.

It should be noted that making a mortgage start-up payment is not always beneficial. If the bank changes the interest rate, the increased interest payments could offset the perceived benefit.

A more optimal option is if the funds for the maternity capital will be used to pay off the main part of the debt on a previously issued mortgage.

The list of documents presented for the execution of an additional agreement on the repayment of part or all of the remaining debt on a mortgage loan is identical to the standard list:

• spouses' passports;
• marriage certificate;
• SNILS;
• state-recognized certificate;
• an agreement with a bank for mortgage lending when purchasing a home;
• bank statement on the value of the remaining debt on the loan, indicating the bank's current account;
• purchase and sale agreement of the acquired housing;
• extract from the USRN (document provided since 2017);
• notarized obligation of the owner of the certificate to allocate equal shares to the children in the purchased apartment.

In modern Russia, there are many state forms of support for various categories of citizens.

The institution of the family is also actively supported by the state.

For example, with the aim of increasing the level of demography in 2007, it was launched and is effectively functioning to this day, despite the crisis,.

And although the program has been operating for a relatively long time, a large number of questions about its implementation still arise.

The main provisions of this state support are set out in Federal Law No. 256-FZ of December 29, 2006"On additional measures of state support for families with children."

The essence of this program is to provide families who have given birth or adopted a second and subsequent children, financial assistance. The right to receive an MC applies to both women and men who have adopted children, provided that the appearance of the second and subsequent child fell on the period starting from 01.07.2007, and they had not previously exercised the right to additional measures of state support. The program applies only to citizens of Russia.

In fact, the assistance is very significant, since in small towns its amount is one third, or even half of the cost of a one-room apartment. Although the size of the MK is set by the norm, it was indexed every year until 2017. So, having started in 2007 from 250,000 rubles, now it is RUB 453026.

There is also a tendency towards an increase in the options for its possible application, although at government meetings the issue of reducing some of the unclaimed options is periodically discussed.

In the meantime, legislatively enshrined following goals, for which MK can be used:

Rules for the use of funds for housing improvement

The most demanded item of expenditure is the improvement of housing conditions.

Many families use MK to reconstruction of existing housing, or the acquisition of better housing than they have, for the construction of a house, for the purchase of the remaining shares in the already occupied residential premises, for repayment of the previously issued apartment for the purchase of an apartment.

And only one "but" provided by the law is inconvenient - you can use this help only 3 years after the birth of a child, or after his adoption.

To begin with, to get a state certificate confirming your rights to these funds, you must apply with the appropriate application to the Pension Fund branch at your place of residence or to the multifunctional center.

The application must be accompanied by following documents: passport, SNILS, birth certificates of all children, or a court decision on their adoption, a document confirming the child's citizenship (if one of his parents is not a citizen of the Russian Federation).

For the issuance of a certificate, a period of 30 days is provided after the application is submitted. You can also receive it by mail.

Buying a house or apartment

The general algorithm of actions when purchasing housing using MK funds does not differ much from the usual purchase of a residential property.

However, there are also features that we will focus on.

First, real estate should be located on the territory of the Russian Federation.

Secondly, another subject appears in civil law relations - Pension Fund... You will have to contact there more than once. First, in order to obtain a certificate, then after preliminary approval of the selected real estate and verification of documents (for your confidence in the future approval of the disposal of funds), and, finally, confirmation of the emergence of ownership in order to receive funds or transfer them to the seller.

Thirdly, another feature of the acquisition of housing at the expense of MK funds is that it contains conditions for payment by installments appear... The Pension Fund, in order to avoid the risks of suspension of registration of the buyer's right, or refusal to register it, transfers funds only after the submission of documents confirming the emergence of the buyer's right. Therefore, the contract must include clauses containing a description of the procedure for calculating with the seller, conditions, terms. And since the payment of the contract price in terms of MK funds occurs after the state registration of the buyers' rights, then a mortgage arises by virtue of the law in favor of the seller - an encumbrance that guarantees the fulfillment of your obligation to pay the price of the dwelling to the seller. After settling with the seller, do not rush to part with him and lose his phone number. After the calculation, it will be necessary with him to apply to the registering authority or to the MFC with applications for the repayment of the mortgage. Usually, when accepting documents, specialists notify about this. But there are cases when people catch up late and cannot find a seller to pay off their debt. In this case, only the judicial order remains.

Fourth, right to a residential property must . The state thus protects the interests of children. Until the children reach the age of majority, it is unlikely that parents will need to purchase other housing for their children, since the consent of the guardianship and guardianship authorities is required to dispose of the property of minors. It’s not that easy. If, when buying an apartment for minors, the corresponding share is not drawn up, then you must draw up a guarantee statement with a notary.

Loan repayment at the bank

It is also possible to use funds for repayment of an existing loan... Moreover, it should be exactly a mortgage loan. The number of credits and loans for the payment of which MK funds can be directed is not limited by law.

Main conditions of this option:

To use the funds due to you in this way, you will need to contact to the branch of the Pension Fund with the following documents:

• Extract from the USRN, confirming the registration of your rights to the property;
• Certificate from a credit institution about the amount of the principal debt, as well as interest on the loan;
• A loan agreement or other confirmation of the receipt of a loan, which will specifically indicate the purpose of the loan of funds.

In case of a positive decision on your case, the Pension Fund transfers funds to your credit account within 2 months, although it happens that the transfer takes up to 3 months.

Construction of a residential building

To do this, you will need another set of documents:

Transfer of funds happens in two parts... First, an advance payment - 50% of the MK amount, then the second part after 6 months, upon presentation of documents confirming the main work.

Not everyone knows that there is an opportunity to receive compensation for an already built house... In this case, documents will be submitted to the Pension Fund confirming the emergence of your rights not only to a land plot, but also to a residential building, and a building permit. These objects must be the property of the owner of the certificate or his spouse.

Renovation work

Many families would like to use MK funds for apartment renovation, however, such an item of expenses is not provided for by law. The legislator added in 2010 the right to reconstruction of residential buildings and apartments , so it is possible that a major overhaul item will appear if the program remains in effect.

During the reconstruction, the technical parameters of the object, its external contours and configuration are changed. In particular, the reconstruction includes the change in the number of floors, the height, and the area of ​​the dwelling. An example of reconstruction in our cases is the construction of a residential extension, the re-equipment of the attic into a residential building, the combination of several objects. Since during the reconstruction of residential buildings, as well as apartments in houses for two owners, or apartments in apartment buildings, major changes take place, it is required to obtain a building permit (reconstruction).

In this case, you will need to submit to the Pension Fund following documents:

• Documents confirming the rights to a land plot, as in the construction of a house;
• Appropriate permission to carry out work on the reconstruction of housing;
• Documents confirming the emergence of your ownership, or your spouse to a residential building or apartment;
• Notarized obligation to re-register the reconstructed housing in the ownership of all family members;
• A document confirming that the applicant has a bank account and containing his details.

The procedure for transferring funds on your account in this situation is the same as when sending MK to build a house. First 50%, and the translation of the second part after 6 months, when the main work will be done.

Please note that repayment of reconstruction loans at the expense of MK funds is possible, but do not count on early repayment before the child turns 3 years old. This opportunity is provided solely for the repayment of mortgage loans for the construction and purchase of housing.

For the latest changes in the procedure for allocating financial assistance from the state, see the following video:

Reading time: 11 minutes

Social financing programs provide for the transfer of state aid for child care. One of the measures to support Russian families with 2 or more children is maternity capital. The issuance of money to the owner of the certificate is not provided for. The basic rules for the use of capital funds for improving housing conditions are prescribed by the Decree of the Government of the Russian Federation (hereinafter referred to as the RF) of 12.12.2007, No. 862.

What is the improvement of housing conditions for maternity capital

Obtaining maternity capital to improve housing conditions is one of the most common reasons for applying for it to PFR employees. Families with 2 or more children often need to expand their living space and make plans for its implementation. The legal documentation provides for the opportunity to send certificate funds:

• to pay for the purchase or construction of a new home;
• for the reconstruction of the existing premises.

Terms of use of matcapital funds

To channel maternity capital to improve housing conditions, clear requirements should be followed. They concern:

• real estate that must meet a number of technical, geographic and legal requirements;
• age 2 and each subsequent child;
• restrictions imposed on the use of certificate means:
  1. you cannot make cosmetic repairs;
  2. it is not allowed to purchase a room or area in a hostel, with the exception of premises, after the acquisition of which the family becomes the sole owner of an isolated housing;
• the purposes of using the certificate regulated by the legislation of the Russian Federation:

Acquisition	Fully finished detached housing
	Rooms (or several), provided that after the purchase, family members will become the owners of the isolated premises
Construction and / or reconstruction	The object of individual housing construction (hereinafter - IZHS) independently
	Compensation for costs already incurred in the implementation of these activities
	Detached house with the involvement of a construction organization
Closing a mortgage or targeted loans issued for the acquisition, construction, expansion of housing	Making the first installment
	Repayment of the main part of the debt
	Payment of interest accrued on the loan
Participation in the shared construction of a housing stock or an array	Transfer of admission and / or share fee
	Payment under the contract at the expense of closing the price of housing and / or its parts

Protection of the property rights of children

The state guarantees the protection of children's rights. The funds of the capital are transferred by the branch of the Pension Fund of Russia (hereinafter referred to as the PFR) in a non-cash way for documented purposes, which should include the interests of each child. A citizen who decides to purchase or reconstruct real estate with the funds of the mother capital is obliged to register the shared ownership. As a result of the transaction, all family members must become co-owners of the new home.

Sometimes the fulfillment of this condition is temporarily unfeasible - for example, the apartment is registered to the debtor, who took it on a mortgage with the help of the certificate funds. In this case, the owner of the premises must draw up and certify in the notary office a documentary obligation to re-register the property into the ownership of all family members, including children, whose birth took place before the end of the loan.

Is it possible to use the funds under the certificate until the child turns 3 years old

Parents receive the right to dispose of maternity capital for the purchase of housing upon reaching the age of 3 by the child on whom he relies. While his age is less, you can use the certificate only when buying real estate with a targeted bank loan or a mortgage for a one-time payment of the initial payment, to pay off the principal or interest on it.

Requirements for real estate

The owner of the maternity certificate, who decides to direct funds for the purchase of housing, should choose an object that meets the characteristics stipulated by the requirements of the FIU. The acquired property must:

• be on the territory of the Russian Federation;
• be residential;
• be equipped in accordance with technical and sanitary standards, have all the necessary engineering communications:
  1. waterproofing;
  2. water disposal;
  3. ventilation hoods;
  4. water supply;
  5. sewerage;
  6. gas supply;
  7. electricity;
  8. heat supply and heating;
  9. soundproofing;
• have an acceptable condition: not worn out, not in emergency, not requiring major repairs;
• be legal clean, free of encumbrances.

The procedure for using maternity capital for the purchase of housing under a sale and purchase agreement

The procedure for acquiring real estate under a sale and purchase agreement with the involvement of certificate funds can be carried out by parents only after the child turns 3 years old, on whom the maternity capital relies. There are three parties involved in the transaction:

• buyer - the owner of the maternity certificate;
• salesman;
• FIU - as an intermediary.

The purchase and sale is carried out with a deferred payment: the FIU transfers money to the seller within 2 months. Because of this, the model contract must contain amendments:

• on depositing personal funds before signing it - the amount is negotiated by the buyer and the seller;
• on the closure of the remainder of the cost of housing by the parent capital;
• on the procedure for transferring ownership of real estate after the final settlement.

Improving living conditions by buying suitable real estate can have 2 options: the certificate funds cover the costs of acquiring the premises in full, the future owner needs to add personal savings to the capital. If the parents choose the second option, the deal is split into 2 stages:

1. Contacting an employee of the Federal Service for State Registration, Cadastre and Cartography (hereinafter - Rosreestr) and registration of a pledge of the acquired real estate against the part of its cost already paid by the buyer.
2. Transfer of funds from the FIU to the seller as a balance and removal of encumbrances.

In order to receive the capital to pay for the purchase of a home, the applicant must submit the following package of documents to the FIU officer:

Standard	Additional
Civil passports of the Russian Federation of both parents	Copy of the sales contract
Maternal certificate	Certificate of ownership of housing (if the contract contains a relevant condition)
Insurance number of the individual personal account (hereinafter - SNILS) of the applicant.	Extract from the Unified State Register of Real Estate (hereinafter - USRN)
Marriage or Divorce Certificate	An order issued by a notary on the obligation to allocate shares after final settlement with a guarantee that minor children will receive a residence permit in the new premises

Terms of receipt of funds under the certificate

After the PFR staff receives an application from the parents for permission to dispose of maternity capital funds, its consideration begins, which takes 1 calendar month. During this period, a positive or negative decision is made. If the application is approved, money is transferred to the owner of the certificate - no later than 60 days from the date of submission of the application.

Construction or reconstruction of an IZHS object

The construction or expansion of the IZHS object can be carried out in 2 ways: independently (on our own), with the involvement of a construction organization. If the individual house was put into operation after 2006, the owners will be able to receive reimbursement of the costs associated with its construction or reconstruction, at the expense of the financial resources of the maternity certificate.

On their own

If the parents decide to build or reconstruct the house on their own, the PFR will transfer the maternity capital to them to improve housing conditions in 2 stages: 50% before the construction of the IZhS facility, the remainder six months after confirmation of the fact that the main work has been carried out. The FIU employee needs to submit the following documents:

To transfer ½ the amount of the certificate	To get the remainder
Standard package	Papers with the results of the main work on the construction or reconstruction of an individual house - it should be recorded in them that the total area of ​​the living space has increased by at least 1 accounting rate - 18 sq. m / 1 person, established by Art. 50 of the Housing Code of the Russian Federation (hereinafter referred to as the Housing Code of the Russian Federation) (issued by the multifunctional center at the place of residence of the applicant or through the State Services portal - gosuslugi.ru)
A document confirming any of the following rights to the land plot of the IZhS object location: unlimited and / or free use; lifetime inherited possession; long term lease (The land plot must meet the requirements of the classifier, introduced by the Order of the Ministry of Economic Development of the Russian Federation dated 01.09.2014, No. 540)
When rebuilding a finished object - a copy of the document confirming the rights to it
Permission for the construction or reconstruction of an individual house
Certificate that the owner of the IZHS object has a bank account

Housing under a work contract

When attracting a developer under a contract for the purpose of erecting or reconstructing an individual housing construction object, the owner of the certificate should go through the same sequence of actions as in the case of improving living conditions on their own. The additional package of documents will be slightly different. In addition to the papers listed above, a construction contract will be required. The final recipient of the maternity capital is also different. Upon completion of the main work, the FIU will transfer them to the account of the construction company.

Compensation for the construction of a house by maternity capital

In order to receive reimbursement of costs for the construction or expansion of an individual housing construction object upon its readiness, you should keep a strict record of all costs incurred in the course of activities: keep contracts for the performance of work, for example, the installation of structures, and the provision of services, receipts and receipts confirming the purchase of building materials. All papers must be collected in an additional package and submitted to the FIU officer. When building a new house, ownership of it must be registered no earlier than 01.01.2007.

Reconstruction of a private house

When reconstructing an IZhS object, the algorithm of actions and the package of documents are similar to the above cases. Owners of an individual house who have started its expansion should take into account the following technical nuances:

1. If the expansion of the IZhS object was carried out after 01.01.2007, the date of the emergence of ownership rights to it does not matter.
2. The concept of reconstruction provides for an increase in living space by at least 1 accounting rate by adding additional premises or converting them into habitable ones.
3. All facts of improvement in living conditions must be documented.

Equity participation in the construction of an apartment in a new building

Often, urban planning organizations attract money from future residents for the upcoming construction of a new apartment building. The finished real estate offered by the primary market can be overwhelming for the family budget. Compared to its cost, relatively inexpensive proposals for participation in shared construction look more attractive. Algorithm of the transaction:

1. Participants in shared construction must have the full payment amount, which is stipulated by the contract, with the exception of the balance to be paid by the mother capital.
2. It is possible to use the certificate for this type of transaction only after the child is 3 years old, who gives the right to receive state support, even if an installment payment secured by the collateral is applied.
3. Own money is contributed from personal savings.
4. In case of insufficient funds, buyers can apply for a bank mortgage or targeted loan. Matkapital will be used to cover the down payment, principal or interest on it.
5. The buyer agrees with the developer to include an installment payment clause in the contract, securing it with a pledge.

Investing in housing and participation in shared construction are regulated in detail by the Federal Law of the Russian Federation (hereinafter - the Federal Law of the Russian Federation) dated 30.12.2004, No. 214-FZ. Additional package of documents:

• a copy of the contract for participation in shared construction;
• certificate of the amount contributed towards the payment of the cost of housing;
• an extract on the uncovered balance (debt) under the contract for participation in shared construction.

Participation in cooperative construction

You can buy an apartment through a cooperative: housing (hereinafter - ZhK), housing and construction (hereinafter - ZhSK) or housing accumulative (hereinafter - ZhNK). The registration of the process has 2 main distinctive nuances: you can enter a new premises only upon covering 50% of its value, the ownership is registered strictly after the entire amount of money has been paid in payment of its price under the contract. Additional package of documents:

• or an extract from the register of ZhK / ZhKK / ZhNK, confirming membership in it, or a document on submitting an application for admission to the organization, or a positive decision made on it;
• certificates on the amount of the transferred amount and the unpaid balance of the share;
• a copy of the organization's charter.

Maternity capital for the repayment of the mortgage

According to the Federal Law of the Russian Federation (hereinafter - the Federal Law of the Russian Federation) dated December 29, 2006, No. 256-FZ, parents can send maternity capital funds to close a bank mortgage loan and / or a targeted loan issued for the purchase, construction or reconstruction of housing, before the child who secured the right to receive state support will be 3 years old. In this case, the FIU allows the use of the certificate in 2 directions:

1. Payment of the main part of the debt and / or interest on it.
2. Making an initial payment, which is required when drawing up an agreement on the issuance of a targeted loan or mortgage loan.

For the down payment

Since 2015, the funds of the maternity certificate have been allowed to be used to pay the down payment when buying a home, without waiting for the child's third birthday. The amount may be enough to cover it completely. Additional package of original documents and their copies:

1. Credit contract or loan agreement for the purchase, construction, reconstruction of housing.
2. Mortgage agreement, if real estate collateral is provided.
3. Other documents upon request by an employee of the FIU - may be required depending on the details of a specific type of contract.

For repayment of interest and loan body

With the financial means of the capital, you can pay the body of the loan, the main debt on the mortgage loan and interest on them. The additional package of papers that will need to be provided to the PRF employee depends on the banking agreement. Documents for repayment of the mortgage by the parent capital:

• A copy of the loan agreement or mortgage loan contract.
• Certificate from the bank about the balance of the debt on the debt obligation.
• A copy of the mortgage agreement registered with Rosreestr.
• Title papers:
  1. certificate of registration of ownership of housing;
  2. an extract from the Unified State Register or the cadastral passport of the property;
  3. a certificate from the register of the cooperative, proving the fact of joining the organization (if a loan is taken to pay for a share);
  4. permission for the construction or reconstruction of an individual housing construction object (if the loan is issued for these purposes);
• a document confirming the transfer of money to the account of the owner of the certificate for payment of the target bank loan (if any).

Video

Maternity capital means a social benefit that a certain category of citizens of the Russian Federation can receive. This began to be implemented in Russia at the beginning of 2007. In fact, the state undertook to provide material assistance to each family where they were born and subsequent ones, but it can be paid under certain conditions.

A person eligible for the benefit must first issue a special in their name. Maternity capital can only be paid if a document is available. The recipient of the certificate must be the mother, in rare cases the father or the child himself.

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With the introduction of the law, it was believed that if within 1 week of life, then the parents cannot receive a certificate of his birth and issue a certificate. But in 2010 this provision was removed by the Constitutional Court. A mother can receive maternity (family) capital 1 time in her life.

Moreover, it can be of two types: or federal. Local authorities distribute the regional MK, they also have the right to determine its size and the terms of disposal. Federal MK is much larger in size and can only be used on.

With it you can, for example:

• increase the funded part of the mother's pension;
• purchase for special equipment;
• improve the living conditions of the family.

If we talk about the regional payment of MK, then with its help you can pay for or. Maternity capital to improve housing conditions is the most common goal pursued by every large family. But it is possible to spend funds only when the child, at whose birth the certificate was received,.

The exception is cases of payment of the initial payment on a loan, which is issued for the purchase of housing or was taken earlier. In such cases, funds can be spent immediately upon receipt.

Mother must submit, funds are transferred upon expiration 2 months if a positive decision is made. An application with other documents is submitted to the social protection authority, if it is necessary to receive regional-type assistance. To obtain a federal MK, you should contact the PF branch at the place of permanent residence of the applicant.

From the moment a woman submits an application for the order of the MK to improve the living conditions of the family and within 2 months until the money is transferred, she can cancel the previously submitted application with a counter-application.

This assistance is targeted, the family cannot spend money on personal needs. If parents try, they will be held accountable. The procedure for the use of funds is established by law; not only recipients, but also credit organizations issuing loans for the purchase of housing must adhere to it.

Position of the law

According to Federal Law No. 256 (December 29, 2006), where the legislator announces a list of additional measures by the state to support families with children, it is said that funds can be spent on:

1. Payment for the education of any child in the family or all, by distributing the money into shares.
2. Payment for preschool or primary school. In other cases, it is allowed to form the funded part of the parents' pension at the expense of the MC.
3. Improving the living conditions of the family, in this case you can:
   • or ;
   • or one that already belongs to the family, independently or with the involvement of a contractor;
   • compensate for the costs of building or renovating a private house;
   • upon receipt of funds from the bank for housing construction or purchase, pay an initial installment;
   • repay in full the loan with interest, which was taken for the purchase of housing or construction;
   • to take part in shared construction and pay at the expense of MK the cost of housing under a DU agreement;
   • become a member of the housing cooperative, ZhS, ZhN and pay the entrance fee.

The housing purchased in 2019 by the family must be located on the territory of the Russian Federation, and if the family decided to make cosmetic repairs in the living quarters, and not reconstruction, then MK cannot be used for this purpose.

If the housing is already owned by one of the family members (father, mother, one of the children), then it is possible to improve living conditions with the involvement of public funds only if an obligation is drawn up with a notary.

In the document, the owner must promise to re-register the dwelling into shared ownership, when each family member will be allocated his share. This document, along with other papers, is submitted for material assistance.

Mandatory documents

When a family plans to improve living conditions at the expense of state funds, that is, to receive a federal-type MK, a woman needs to collect documents and apply to the Pension Fund with an application.

The package of obligatory papers will include:

• an identity document of the applicant with a residence permit (passport of a citizen of the Russian Federation);
• pension insurance certificate;
• marriage certificate, but only in the case when the husband is one of the parties to the transaction related to the acquisition, reconstruction, construction of housing for the family.

You do not need to submit a certificate for MK or a copy of it. If a representative submits documents on behalf of the owner of the certificate, then he will need to present a passport and a notarized power of attorney.

In each case, additional papers will be required, for example, if:

• housing is purchased, then the PF will require a sale and purchase agreement and ownership of the residential premises;
• the family takes part in shared construction, which means that it is necessary to submit a preschool institution and a document showing the amount contributed by the family and the one that has yet to be paid;
• you have to compensate for the costs already incurred or build a private house (reconstruct), then you will need a document confirming ownership, perpetual use or gratuitous fixed-term, life-long ownership, land lease and other papers;
• for construction, a contractor is hired, then a work contract, a building permit, a land document is required;
• it is required to pay an entrance or share contribution to the ZhS cooperative or other, then you need an extract of membership, a document on the amount of the contribution paid and remaining, the charter of the organization;
• it is necessary to pay PV when obtaining a loan to buy a home, then a loan or mortgage agreement will be required;
• If you need to repay a loan associated with the purchase of a home, you must present an agreement with the bank, a document on the balance of the debt, a certificate of ownership of housing and other papers.

What is included in maternity capital for improving housing conditions

When it is required to use maternity capital, the independent acquisition of housing is partially (completely) at the expense of borrowed funds, the construction or reconstruction of the existing one has its own characteristics and legal nuances.

The applicant should be aware that due to the annual indexation, the amount of material assistance is constantly increasing. In order not to receive a refusal and not to delay the procedure for allocating funds, the requirements and conditions that are announced by the law must be met.

Direction details

If the family independently improves living conditions, then it can do this at the expense of MK, when the child, at the birth of which the certificate was issued, turned 3 years... If, in addition to public funds, borrowed funds are used, then expect 3 years not necessary. But you can take money only from an organization that has a license to lend to individuals. persons.

But if the contract of sale has a clause on payment by installments, then the MK will also be issued, although in fact the money was not taken from the bank. Penalties and fines cannot be paid at the expense of maternity capital, only the principal debt with interest. It is also not allowed to use funds for the purchase of a private house and the land under it, the capital should only go to the purchase of housing.

When submitting documents to the PF, they may require that:

• in the loan agreement, the borrower was one of the spouses without the involvement of co-borrowers;
• the owners of the share were only spouses and children, but not other close relatives;
• the family acquired a housing object in its entirety, and not a share or part of an apartment or house;
• other.

The court recognizes such requirements of the PF as unlawful if the applicant files a claim in the event that he is denied.

The courts have to recognize the refusal of the PF is often unlawful when:

• the family took out a consumer loan, but used the money to buy a home;
• a share of ownership has been acquired and the dwelling is habitable;
• the living space has expanded due to the purchase of a small share from the co-owners of the premises;
• the funds had to be spent on the purchase of an unfinished building object, but suitable for living;
• housing for the child was purchased from a close relative;
• the maternity capital went to repay the loan, subsequently the property was sold, but the best one was bought at the expense of the proceeds;
• there is no document on the state registration of property rights in the name of the seller for the acquired real estate (it may be absent, because such documents were not issued before the introduction of this system).

If a dwelling is being reconstructed, then it should increase by the accounting rate adopted in this locality. This must be evidenced by the acceptance certificate for the redevelopment of the premises, issued after 01.01.2007.

The site on which the house is being built or reconstructed must belong to the category of land in settlements, then capital can be directed to improve housing conditions. An important issue is the registration of property rights.

It is believed that children and their parents should have a share in the dwelling. If, at the time of receiving the MK, a woman divorced the child's father and remarried, then her current legal spouse should not receive a share in the property.

How to use

When the child has not yet turned 3 years, and the seller of housing, which the family picked up for the purchase, does not want to wait, then the only way out is to get a mortgage loan or a targeted loan. In another case, you will have to purchase real estate at the expense of personal funds, and then take out a mortgage secured. After that, it is necessary to formalize the ownership of the premises, it is advisable to immediately separate each of the family members from his share, and then contact the PF.

Maternity capital for improving housing conditions will be transferred to repay the debt at the bank. When a loan for the purchase of real estate is issued, the borrower will have to make monthly payments under the contract until the Pension Fund transfers the MK to the bank.

In case of divorce, maternity capital is not subject to division between spouses, since it is not considered jointly acquired property.

Another option is to apply for a loan with PV, which will be paid for by maternity capital. Today it is more expedient to act in this way, because the inflation rate is much higher than the annual indexation, therefore, maternity capital is gradually depreciating.

After 3 years, the family may not be able to purchase housing at the expense of the state allocated funds, this should be done as quickly as possible. Of course, the only way is to apply for a loan, but you will also have to pay interest at the expense of MK. Moreover, it is not known whether the state will be extended in the future.

Implementation of funds

There are some rules for the implementation of maternity capital, they will have to be taken into account by the owner of the certificate and his family:

• A home loan (loan) can be repaid or taken out regardless of the age of the child born.
• The maternity capital can be used to pay off the principal debt in the bank and interest, if there is a refinancing on more favorable terms. For example, the borrower first took out a loan to buy real estate, and then refinanced before the child was born. Under the new loan, the debt can be repaid through financial assistance from the state, because in fact the borrowed funds were used to improve housing conditions.
• MK can be used even when the borrower or buyer is not the owner of the certificate, but his spouse. He can also act as a customer in a work contract and other documents.
• When the family actually becomes the owner of the unfinished housing, MK can be used to repay the home loan. But the bank and the Pension Fund will need to submit a DDU or a permit for construction work when a private house is being built.
• If a house is being built or reconstructed without the involvement of a contractor, then the PF transfers half of the funds before the start of work, and the second only after six months. You will need to submit all the necessary papers for land, building permits and others.
• The implementation of maternity capital is allowed as compensation when the costs were associated with the construction or renovation of the house. The amount will be transferred as a one-time payment as stated. But the ownership rights to the house that was built must be registered before the beginning of 2007. If the building underwent reconstruction, then the work had to be carried out after the beginning of 2007.

Nuances of spending

Often, wishing to improve living conditions, spouses do not know the various subtleties that are associated with the use of state aid. So, for example, you need to buy the whole property, an apartment or a house, and not a share in it.

When the direction of the MK goes only to the acquisition of a part, it is assumed that after the transaction, all residential premises will become the property of the family. So, it happens when the spouses buy one or more parts from the co-owners, and the rest already belong to them. You can buy a separate room at the expense of MK, for example, in a communal apartment.

In particular, it is permitted:

• purchase a finished property;
• build a new house or reconstruct an existing one, including an apartment;
• use, in addition to MK, personal savings or borrowed funds of the bank;
• pay the cost of the apartment for the DDU;
• carry out work independently or with the involvement of a third-party construction organization.

It will be possible to buy an apartment only at the expense of MK in a small settlement of Russia, if you want to buy housing in a regional city, then you need an "infusion" of personal savings or borrowed funds

So, you can list what is included in the advantages of using MK when buying an apartment:

• the funds are used as a PO when applying for a loan or they immediately pay for a part of the loan;
• with help, you can pay off in whole or in part an existing housing loan;
• upon joining the LCD, the entrance fee can be paid by the maternity capital.

When self-building a house on an individual project, the PF will immediately allocate half of the funds.

Six months later, you should submit a report on the work performed, as well as supporting documents for expenses (checks, receipts, invoices). Then you can apply for the second half of the funds, but the costs must be justified. When a contractor is involved in construction work, the PF transfers the money to him in full.

At the expense of the allocated funds, it is possible to carry out a large-scale reconstruction, that is, redevelopment of the living quarters, when it not only significantly improves in design, but also expands due to extensions to a private house, joining non-residential premises in an apartment to residential ones.

For this purpose, the house can be equipped with communications, gas, water, electricity, strengthened the foundation, equipped with an attic for living quarters. In an apartment, non-bearing structures are usually demolished, which allows you to increase, for example, the living room area or equip another bedroom.

Cases of fictitious design

Despite the fact that the state carefully checks how the IC is used, fraudsters often manage to cash out the allocated funds, which is strictly prohibited.

There are quite a few fraud options, here are some of them:

• For a certain fee, medical documents about the birth of a child are bought, on the basis of which a certificate is obtained at the registry office. With the money allocated from the state, housing is purchased, which is then sold.
• According to real documents, housing is purchased at an inflated cost, usually it is unsuitable for habitation real estate. Then it is broken down and sold in parts at a price approximately equal to MK.
• Housing is bought from a close relative with a different surname. But in fact, the grandmother, for example, gives the apartment to the children for free, and the money remains in the family.
• Fictitious execution of sales and purchase agreements is quite common when receiving money from a bank through mortgage lending. Services for the execution of such contracts are offered by real estate firms engaged in real estate fraud.
• A non-existent property is bought and immediately sold. Of course, contracts for the purchase and sale of premises are fictitious.
• Other.

Additional rules

The following persons are entitled to benefits from the state:

• mother who gave birth (adopted) the second and subsequent children;
• father, when, for a certain reason, the mother cannot receive a certificate (death, deprivation of motherhood, a crime against the child);
• a child if the parents are deprived of the right to receive benefits.

In fact, today MK is not attached to the child, but to one of his parents. If, for example, the parents did not use the opportunity to receive money up to 3 years a child, and then they were deprived of parental rights or they died, then the adoptive parent can exercise this right. Only biological parents or adoptive parents have the right to receive funds, trustees or guardians do not have them.