Obtaining maternity capital to improve housing conditions. Maternity capital to improve housing conditions

1) for the acquisition (construction) of residential premises, carried out by citizens through the performance of any transactions that do not contradict the law and participation in obligations (including participation in housing, housing construction and housing savings cooperatives), by non-cash transfer of the indicated funds to the organization carrying out the alienation (construction) of the acquired (under construction) residential premises, or to an individual who alienates the acquired residential premises, or to an organization, including a credit organization, which has provided funds under a credit agreement (loan agreement) for the specified purposes;

2) for the construction, reconstruction of an individual housing construction object, carried out by citizens without the involvement of an organization carrying out the construction (reconstruction) of an individual housing construction object, including under a construction contract, by transferring these funds to the bank account of the person who received the certificate.

1.1. A part of the maternity (family) capital funds in an amount not exceeding 50 percent of the maternity (family) capital funds due to the person who received the certificate, as of the date he submits an application for disposal, may be issued in accordance with paragraph 2 of part 1 of this article to the specified person for the construction (reconstruction) of an individual housing construction object upon submission of certified in the manner prescribed by law:

1) copies of documents of the person who received the certificate, or his / her spouse, confirming the ownership of the land plot, the right to permanent (indefinite) use of the land plot, the right to inherited lifetime ownership of the land plot, the right to lease the land plot or the right to use the land plot free of charge, intended for individual housing construction, on which the construction (reconstruction) of an individual housing construction object is carried out;

(see text in previous edition)

2) a building permit or a notification specified in clause 2 of part 7 of article 51.1 of the Town Planning Code of the Russian Federation, issued to the person who received the certificate, or his spouse;

(see text in previous edition)

3) extracts from the Unified State Register of Real Estate on the rights of the person who received the certificate, or his / her spouse, to the object of individual housing construction in the event of its reconstruction;

(see text in previous edition)

4) a written commitment of the person (persons) for whom the building permit was issued or to whom the notification specified in clause 2 of part 7 of Article 51.1 of the Town Planning Code of the Russian Federation was issued, within six months from the date of receipt of the cadastral passport or from the day of receipt of notification of the compliance of the constructed or reconstructed individual housing construction object with the requirements of the legislation on urban planning activities specified in clause 5 of part 19 of Article 55 of the Urban Planning Code of the Russian Federation, register a residential building built (reconstructed) using funds (part of the funds) of the maternal (family) capital, into the common ownership of the person who received the certificate, his spouse (s), children (including the first, second, third child and subsequent children).

(see text in previous edition)

1.1-1. The documents provided for in clauses 1 - 3 of part 1.1 of this article are requested by the Pension Fund of the Russian Federation and its territorial bodies in state bodies, local self-government bodies, state extra-budgetary funds and organizations subordinate to state bodies or local self-government bodies, if these documents are at the disposal of such bodies or organizations and the person who received the certificate did not submit these documents on their own.

1.2. A part of the maternity (family) capital funds remaining as a result of their disposal in accordance with part 1.1 of this article may be used for the same purposes no earlier than six months after the date of the previous allocation of a part of maternity (family) capital funds when presented by a person, who received a certificate, a document from a body authorized to issue a building permit confirming the main work on the construction of an individual housing construction facility (installation of a foundation, erection of walls and roofs) or reconstruction of an individual housing construction facility, as a result of which the total area of \u200b\u200ba residential building ( residential premises) of the reconstructed object is increased not less than by the accounting norm of the area of \u200b\u200bthe residential premises, established in accordance with the housing legislation of the Russian Federation. The issuance of this document is carried out in the form approved by the federal executive body authorized by the Government of the Russian Federation, in the manner determined by the Government of the Russian Federation.

1.3. Funds of maternity (family) capital, on the basis of an application for the disposal of the person who received the certificate, can be issued in accordance with paragraph 2 of part 1 of this article to the specified person to compensate the costs for the built (reconstructed, taking into account the requirements of part 1.2 of this article) by him or his spouse ( spouse) an object of individual housing construction upon submission of certified in the manner prescribed by law:

1) copies of documents of the person who received the certificate, or his / her spouse, confirming the ownership of the land plot, the right to permanent (indefinite) use of the land plot, the right to inherited lifetime ownership of the land plot, the right to lease the land plot or the right to use the land plot free of charge, intended for individual housing construction, on which the construction (reconstruction) of an individual housing construction object has been carried out;

(as amended by Federal Law of 23.06.2014 N 171-FZ)

(see text in previous edition)

2) extracts from the Unified State Register of Real Estate on the rights of the person who received the certificate, or his / her spouse to a constructed individual housing construction object that arose not earlier than January 1, 2007, or to an individual housing construction object reconstructed after January 1, 2007 - regardless from the date of occurrence of the specified right;

(see text in previous edition)

3) a written commitment of the person (s), who owns the object of individual housing construction, to register the specified object in the common ownership of the person who received the certificate, his spouse, children (including the first, second, third child and subsequent children) within six months after the transfer by the Pension Fund of the Russian Federation of maternity (family) capital funds - in the event that the object of individual housing construction is not registered in the common property of the person who received the certificate, his spouse, children (including the first, second, third child and subsequent children).

1.4. The documents specified in clauses 1 and 2 of part 1.3 of this article are requested by the Pension Fund of the Russian Federation and its territorial bodies in bodies providing public services, bodies providing municipal services, other state bodies, local self-government bodies and subordinate to state bodies or local self-government bodies organizations, if these documents are at the disposal of such bodies or organizations and the person who received the certificate did not submit the said documents independently.

2. Funds (part of the funds) of maternity (family) capital can be used to fulfill obligations related to the improvement of housing conditions that arose before the date of acquiring the right to additional measures of state support.

3. The residential premises acquired with the use of funds (part of the funds) of the maternal (family) capital must be located on the territory of the Russian Federation.

4. The dwelling, acquired (built, reconstructed) with the use of funds (part of the funds) of the maternal (family) capital, is formalized into the common ownership of parents, children (including the first, second, third child and subsequent children) with the determination of the size of shares according to agreement.

(see text in previous edition)

5. The rules for channeling funds (part of funds) of maternal (family) capital to improve housing conditions are established by the Government of the Russian Federation.

6. Funds (part of funds) of maternal (family) capital can be used to pay the initial contribution and (or) repay the principal debt and pay interest on loans or borrowings for the purchase (construction) of residential premises, including mortgage loans provided to citizens under a loan agreement ( loan agreement) concluded with an organization, including a credit institution, regardless of the period that has elapsed since the birth (adoption) of the second, third child or subsequent children.

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 regarding 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 used 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 with 250,000 rubles, now it is RUB 453026.

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

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

Rules for using funds for housing improvement

The most demanded item of expenses is the improvement of living 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 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 certificateconfirming 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 get 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 to receive funds or transfer them to the seller.

Thirdly, another feature of the purchase of housing at the expense of MK is that there there are conditions for payment by installments... The Pension Fund, in order to avoid the risks of suspending the registration of buyers' rights, or refusing to register them, 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 the parents will need to purchase other housing for their children, since the consent of the guardianship and guardianship authorities is required to manage 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 warranty 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 just 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 this option:

To use your funds in this manner, you will need to contact to the Pension Fund branch with the following documents:

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

If your case is positive, the Pension Fund transfers funds to your credit account within 2 months, although it happens that the transfer takes up to 3 months.

Residential building construction

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 perhaps 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 change. In particular, the reconstruction includes the change in the number of floors, height, and area of \u200b\u200bthe 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, a building permit (reconstruction) is required.

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.

Money transfer procedure 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 exclusively 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:

With the birth of a child, many families are thinking about updating the interior of their apartment or house. But maternity capital cannot be spent on repairs, it is intended for solving another goal - rebuilding the house and increasing its area.

There is only one way to get money for home renovation. You need to wait until the state will allow you to receive the payment. Then it will be possible to use the maternity capital to renovate the apartment. Previously, many families have already taken advantage of this opportunity. At the moment, there is no legal basis for receiving a one-time payment. But from time to time, partial spending of funds is allowed to solve pressing problems.

Now you can buy the necessary materials to change the design of your own home. This does not mean that you can fulfill any of your wishes. There are clear rules governing what you can and cannot do.

Not all repairs are considered reconstruction. For example, replacing windows or installing sewerage systems is quite costly work. But they have nothing to do with reconstruction.

Reconstruction is work aimed at achieving the following goals:

• change in technical indicators of the house:
• increasing the efficiency of its use;
• increase in the footage of the room.

But immediately, as the baby is born, you cannot receive a payment. The restriction is established by clause 6 of Art. 7 of Law No. 256-FZ. Funds are provided only when the child is three years old. There are exceptions to this rule, but they relate to the use of capital for the purchase and construction of real estate.

Ways to use the motherboard for repair

Reorganization means a significant change in the parameters of real estate - an increase in footage, height, volume of the house. You can use maternity capital to improve housing conditions in the following ways:

• make an extension or superstructure to the house;
• disassemble or reinforce supporting structures;
• make an attic from an attic;
• equip communications, engineering systems.

There is an option how not to wait until the child is three years old. You can apply for a loan or borrow money, save documents on receipt of funds and the implementation of the conversion. As soon as the baby is three years old, you need to immediately contact the branch of the pension fund for compensation. When applying for a loan, you need to correctly assess your own capabilities. After all, it will not be possible to repay it ahead of schedule, as in situations where capital is issued for the construction or purchase of real estate.

Those who have conceived a reorganization need to consider an important condition. Although reconstruction is a rather difficult task, it must be done on its own, without resorting to the services of intermediaries (clause 2 of the Rules for channeling materiel funds to improve housing conditions). If contractors are involved without a contract, the result of the work performed may not meet expectations. Without a contract, it will be problematic to collect money for poorly rendered services if the builders allow a marriage.

Reorganization must be treated with care. If the work affects the parameters of safety, reliability of real estate, you should issue a permit for construction work.

Documents

To receive payment, you need to collect an impressive package of documents. The applicant will need:

• Family capital certificate.
• Passport, registration certificate.
• Power of attorney if the application is submitted by an authorized person.
• A written commitment to register the living space as the property of all family members. An agreement is drawn up, which indicates the size of the shares.
• Certificate of opening an account with a credit institution, where the details for transferring funds are indicated. Valid details are required. If they have changed, it is necessary to inform the FIU. After all, the money is transferred exactly to the account indicated in the application.
• A copy of the certificate of ownership of a land plot under a private house.
• Extract from the USRN, confirming the rights to the real estate object or certificate of ownership.

This list is needed at the first stage. If everything is in order with the documents, a decision will be made to pay 50% of the family capital. To receive the remaining amount, you need to submit an act of performance to the PFR unit. The form of the act was approved by the order of the Ministry of Regional Development No. 286 of June 17, 2011. The act is approved by the administration. You also need to register the ownership of the updated object.

Conditions for receiving

To receive maternity capital in 2019, the following conditions must be met:

• the second child was three years old;
• parents will spend money to solve the housing issue;
• the applicant is the owner of a land plot and a house, the reconstruction of which he will deal with;
• after the reconstruction, the footage of the premises increased by the registration rate (local authorities approve this figure).

You can use funds to pay off mortgage debt, pay interest on a mortgage loan. You can also improve the property that is already owned. Moreover, officials must check whether the area of \u200b\u200breal estate has really become larger. Inspectors are not limited to visual inspection. The necessary measurements and research are being carried out. To get the remaining amount, you need to complete at least half of the work and keep supporting documents.

It cannot be ruled out that the inspectors may refuse to issue an inspection certificate. But this does not mean that you need to give up.

The refusal can be appealed in court if it is unfounded. When there are reasons for the claims, the violations should be eliminated, and then reapply with the application for the issuance of the act.

When a second or subsequent children are born in a family, the family acquires the status of a happy owner of a certificate for family or maternity capital and begins to make plans, where is it better to spend it?

In our section "Legal advice" you will find answers to these and other questions about the parent capital. Continuing the topic, today we will talk about how the law allows you to direct maternity capital to improve the living conditions of a family.

The Law on Maternity Capital allows state support for families with two or more children to realize maternity capital finance primarily for housing. You can improve your living conditions with the help of maternity capital, directing it both to the purchase of an apartment or house, and to their construction or reconstruction.

You can also apply a certificate of maternity capital to pay for a mortgage or loan agreement, as well as to pay interest on these loans and credits.

An important document that defines the direction of maternity capital to housing is the Decree of the Government of the Russian Federation of 12.12.2007 No. 862 "On the rules for allocating maternity capital funds to improve housing conditions." It sets out all the permitted options for spending maternity capital to improve housing conditions and determine both the procedure and the timing of the implementation of state financial support for a family of this type.

Improving housing conditions by law includes the following options:

1. When an apartment or house is purchased according to the purchase and sale agreement;
2. When an individual residential building is being built or reconstructed (and its construction is allowed both with the participation of a contractor, and in the form of independent construction);
3. When housing is bought or built with credit funds (loan or mortgage);
4. When the initial payment is made on a loan or loan;
5. When the principal debt and (or) interest on the loan is paid;
6. When the shared housing construction is paid;
7. When the entrance and (or) share contribution is paid for the cooperative type of housing construction.

Acquisition of housing (purchase and sale) for maternity capital

The parties to the transaction are three parties: the seller, the buyer and the Pension Fund, which is the manager of state funds for maternity capital. It will allow you to make a home purchase no earlier than three years later (when the second child turns three).

The peculiarities of the sale and purchase agreement when using maternity capital are the introduction of the following important provisions into it:

Firstly, the agreement must contain a clause that the buyer pays personal funds before signing it.

Secondly, the agreement reflects the moment that the remaining amount of the transaction is covered by budgetary funds at the expense of maternity capital.

Thirdly, the contract obligatory prescribes the condition that the ownership of the acquired housing from the seller to the buyer passes only after the final settlement of the transaction is made.

The purchase of housing as a result of the sale and purchase can occur in two ways.

The first option is when the certificate for maternity capital allows you to cover the purchase of a dwelling in full.

The second option provides for the buyer's own funds, which will be added to the maternity capital.

Moreover, according to the second option, the process of buying and selling involves carrying it out in stages. At the first stage, registration with the state registration service for real estate pledge will be required based on the buyer's personal funds contributed. At the second stage, when the Pension Fund transfers the maternity capital funds to the seller's current account, the entire amount will be paid and it will be possible to register ownership of the purchased housing, having previously removed the encumbrances of the pledge.

Construction or reconstruction of a house for maternity capital

The construction or reconstruction of a house with the help of maternity capital can be carried out with the help of builders or on your own. When contractors are involved in the construction of a house, a contract is concluded with them. The following documents will be required to be submitted to the Pension Fund in order to direct the maternity capital funds for the construction or reconstruction of housing.

Land title deed with a construction contract. If the construction is carried out using own funds, the maternity capital will be issued in two tranches: the first tranche is issued before the start of construction (up to 50 percent of the total amount of maternity capital). The Pension Fund will require the submission of the right to possess documents for the land plot, and when carrying out the reconstruction of the existing house, - a document on the ownership of the dwelling, a permit for construction or reconstruction, a bank statement with the details of the current account to which the maternity capital money will be transferred.

The Pension Fund will transfer the second part of the maternity capital in 6 months, when the completed construction work in the house is confirmed. To reimburse the costs incurred for the construction or renovation of housing, the owner of the housing certificate must keep a documentary record of all costs incurred and submit them to the Pension Fund for their reimbursement.

Before deciding to build or renovate a home for maternity capital, you need to make sure that your home meets certain requirements. If we are talking about the construction of a new house, then this house must belong to the owner of the certificate, and the document on the ownership of the house must be registered no earlier than 01.01.2007. But in the case of housing reconstruction, such a limitation does not exist. When carrying out the reconstruction, the condition of increasing the living space by at least one accounting rate due to an additional extension or superstructure, re-equipment of a non-residential premises into a residential one must be met.

Improving housing conditions for maternity capital: buying and building housing with credit funds

Most often, the funds of the mother's capital are directed to a mortgage. Today, a certificate of maternity capital can be used to repay a loan. Moreover, the certificate can be used in this case without waiting until three years have passed since the birth of the second baby. In order for the Pension Fund to approve the direction of maternity capital to repay mortgage loan obligations, the loan must meet a number of requirements. These requirements are set out in the Rules for the allocation of maternity capital funds to improve housing conditions. The main thing is that the owner of the parent capital will not be able to receive the money in cash, and the repayment of loan obligations is made by wire transfer directly to the bank. Moreover, the repayment of the loan is possible both for the purpose of covering the initial payment, and for the purpose of covering the target loan agreement, as well as to cover the debt on interest and, of course, on the principal debt according to the mortgage agreement.

The Pension Fund will not allow public funds to be spent on fines, commissions and singing fees charged by the bank.

To initiate the issue of issuing maternity capital to cover a loan, you will need a maternity capital certificate, a passport of its owner, a loan agreement, birth certificates of children, an application for the use of maternity capital to cover a loan.

Often the bank's credit committee gives a positive opinion on the provision of a mortgage loan to a family, since the family capital certificate serves as a certain guarantor of loan repayment. But it may not be enough to have only a certificate of family capital for the bank to approve a loan for you. Among other things, you will need to confirm a constant official income and a positive credit history or the absence of negative information about the borrower from the bank's security service.

There is such a type of loan as the provision of a loan with coverage by maternity capital. Coverage occurs both for the initial payment, the principal debt, and for the interest for the use of funds borrowed in a financial institution.

When making a loan agreement, three participants are involved: mother or another owner of maternity capital, the Pension Fund and the bank. Since the Pension Fund is responsible for the targeted use of public funds, it decides whether to give a positive opinion on the direction of maternity capital for mortgage lending or not. Documents for verification in the Pension Fund can be from 2 to 3 months.

In case of a positive decision of the Pension Fund and the bank, the borrower has the opportunity to receive credit funds at a favorable interest rate on the loan.

And yet, no one obliges to spend the entire amount of maternity capital at once to cover loan obligations. A part of it can be saved to be directed to other purposes permitted by law, especially since this type of state aid can be indexed in the future.

When choosing to invest maternity capital in a loan (loan) or in a mortgage, it is important to pre-calculate, but how will it be more profitable? In a situation where the loan amount is more than 500 thousand rubles, it is more expedient to get a mortgage than a standard loan.

In addition, you should pay attention to the monthly financial burden on the family budget when servicing the loan. This load should not be allowed to increase more than 30 percent of the total household monthly income. It is also worth thinking about the time over which the loan obligations will apply. So, with an ordinary loan, a loan agreement is drawn up for a period of 1 to 5 years. A mortgage agreement allows you to distribute credit obligations for much longer periods - for 10, 15, 20, and sometimes up to 30 years.

It is also important to understand that mortgage lending provides for onerous measures for housing and other property for the entire period of the loan agreement. At this time, it is impossible to perform legally significant actions to alienate home ownership or an apartment pledged to the bank. Any non-fulfillment of contractual obligations (for example, failure to pay the loan on time) may lead to various kinds of sanctions from the bank, the judiciary and the authorities for the enforcement of court decisions.

Long mortgages tend to have a higher loan overpayment than loans.

Use of maternity capital for shared housing construction

Sending a state certificate with the aim of participating in shared construction has its advantages, which consist in saving the finances of a family with two or more children.

In this case, the family invests maternity capital in the house or apartment being built that is under construction. Moreover, the Pension Fund will allow the use of maternity capital funds for shared construction after the second child reaches the age of three.

The use of maternity capital for shared construction is possible in the following cases:

• when a family does not have sufficient funds to buy a house, it draws up a loan agreement under the mortgage lending program and maternity capital here acts as a down payment.
• when a family has an apartment in which the area does not meet the requirements of the growing family, they decide to sell it and buy another apartment with a larger area. Here, the maternity capital is added to the proceeds from the sale of the apartment and new, larger housing is bought.

In any case, participation in shared construction involves co-financing the family's personal funds and maternity capital funds.

How is maternity capital invested in equity construction?

The first stage is the execution of documents for shared construction. This includes the following actions:

• actions for the choice of housing and its booking (the representative of the developer is informed that maternity capital will be attracted to finance the shared construction; the agreement on shared participation must necessarily provide for a phased payment);
• formation of documents by the developer's company and execution of a contract for shared construction;
• registration of an agreement on shared housing construction in a single register;
• payment of part of the amount stipulated by the contract.

The conclusion and registration of an agreement for participation in the shared construction of apartment buildings is carried out in accordance with Federal Law No. 214-FZ dated December 30, 2004 "On participation in the shared construction of apartment buildings." Thanks to this law, under the control of the state, registration of an agreement for participation in shared construction takes place in order to prevent fraudulent actions involving the conclusion of contracts for the same apartment with different participants in shared construction.

The same law instructs the developer to use the finances of citizens only after the developer receives the documents permitting the construction and has a project declaration and ownership or lease agreement for the land plot on which the residential building is being built.

The second stage is the coordination of the disposal of maternity capital in the Pension Fund.

The owner of maternity capital must collect a number of documents and submit them to the Pension Fund. These documents include:

• passport of a citizen of the Russian Federation who owns the family capital or his trustee, who has a notarized power of attorney;
• an application with a request to allow the use of maternity capital for the shared construction of residential premises;
• the certificate document itself;
• SNILS;
• an agreement on participation in shared construction registered with Rosreestr;
• receipt of payment of the invoice of the contract for the participation in the construction;
• certificate of financial debt under a shared construction agreement;
• an obligation, certified by a notary, for registration within six months after the registration of an apartment built in a share method into the ownership of all family members;
• when a husband is a shareholder in a house under construction, his passport and marriage certificate are provided.

After examining the submitted documents, the Pension Fund decides to permit or prohibit the use of maternity capital for the stated purpose of financing.

Use of maternity capital in payment of the share contribution

Cooperatives are so-called mutual aid funds. For this purpose, mutual funds are formed to pay for the housing being bought or under construction.

Members of a consumer cooperative who have paid in full (made a share contribution) acquire the right to housing. The law regulates housing and housing construction cooperatives (No. 188-FZ), as well as housing accumulation cooperatives (No. 215-FZ).

These cooperatives are created to provide the population with housing, their operational management in cooperative apartment buildings.

The provision of housing to citizens in this way occurs through the attraction and use of funds of the members of the cooperative for the purchase or construction of residential premises, which are transferred to their members first for use, and after payment of share contributions and into ownership. Members of the cooperative are accepted at the general meeting, which is reflected in the decision and in the register of the cooperative. Newly admitted members of the cooperative get acquainted with its statutory provisions and pay admission membership fees. At the same time, maternity capital cannot be sent to pay the membership entrance fee, since this will not be payment for the purchase and construction of housing.

But you can make maternity capital to pay the share contribution intended for the acquisition of housing.

The Pension Fund will need to provide a certificate on the amount of the share contribution paid, as well as on the balance of the share contribution debt, after which it will be possible to become the owner of the housing. In addition, you will need the charter of the cooperative, certified by a notary and a copy of the certificate of ownership of the cooperative to the residential premises.

The Pension Fund will verify that the owner of the maternity capital is indeed a member of this cooperative, that he is a user of the dwelling and will accordingly make a decision on the submitted application for the disposal of maternity capital funds.

How to issue maternity capital to improve housing conditions in 2019 is the main question that interests all families who decide on a second or subsequent baby.

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Spouses who decided on a second or subsequent baby (gave birth or adopted) can count on additional financial assistance from the state.

This assistance is called maternity or family capital. They can use it as they see fit.

But, in most cases, people use this money in order to improve living conditions. The state is actively helping in this.

Main aspects

It was introduced in our country in 2007.

Since then, every family in which a second or subsequent child has appeared has the right to receive additional assistance from the state in the form of a special certificate.

Money can be used at your discretion in several areas:

• improve living conditions;
• for education;
• as retirement savings of the mother of children.

Consider what you need to know first of all about the parent capital.

Important concepts

Maternity capital is a special support for young families from the state in the form of monetary rewards for the birth of a second or subsequent children.

You can even say that this is an obligation of the state to each family. Important concepts you need to know about maternity capital:

• the right to receive funds is assigned;
• at the beginning of each year, the amount is indexed and revised;
• you can apply for family capital at any convenient time;
• the amount of money is not taxed;
• the certificate is valid only if a passport is provided;
• funds cannot be cashed out.

Requirements for receiving funds

In order to receive family capital, a woman needs to contact a branch of a pension fund. The main requirements for receiving funds:

• the child was born (was) the second or subsequent;
• a person who claims to receive family capital must be a citizen of the Russian Federation.

To receive money, it is necessary for a second or subsequent baby to be born or adopted in the period from 2007 to 2019.

Every year the legislation is revised and a decision is made to extend or cancel this state program.

Family capital can be obtained not only by the mother, but also by the father of the child. The requirements are as follows:

• the man is the only adoptive parent of the child;
• the woman lost the opportunity to receive a certificate.

Legal regulation

The main legislative acts that regulate the process of using family capital money:

How to use maternity capital to improve housing conditions

Each family independently chooses how they will manage their family capital. As mentioned, most people use it for their living space.

The legislation provides for several options for the development of events. Citizens have the right to choose the best option for them.

Be sure to pay attention to the fact that you have the opportunity to use the money only after the baby reaches 3 years of age.

In order to use the money, you need to apply with a special application to the Pension Fund at your place or.

A prerequisite of the fund for the implementation of this transaction is the official registration of housing in the ownership of the mother, children, and also the spouse.

What does change imply

Changing and improving the living conditions of a family means:

• a new apartment or house;
• construction of future housing;
• reconstruction of the current apartment or house;
• participation in shared construction;
• debt payment;
• registration of a loan in order to acquire new square meters.

Please note that the means of the certificate aimed at improving the living space can be used only in our country.

That is, you cannot buy housing abroad, for example, with this money.

Purchase of new premises

In order to purchase new housing with the money of the certificate, three parties must participate in the transaction:

• seller;
• customer;
• Pension fund of the Russian Federation.

The last party to the transaction is engaged in the transfer of funds to the seller's account.

Please note that you can use the money allocated by the state when your baby is 3 years old.

Remember also that the Pension Fund may not transfer money immediately, so there is a slight delay in payment.

The money goes to the seller's account in at least a month, at most 2 months from the date of signing.

The certificate funds allocated by the state can fully or partially cover all the costs of purchasing new square meters.

If you choose to partially cover the costs of acquiring real estate, then the transaction takes place in two stages:

1. In Rosreestr, real estate is registered against a part of the amount that was contributed by the buyer at the first stage.
2. After the Pension Fund transfers the remaining amount to the seller's account, the ownership of the new property is registered.

Reconstruction of old housing

You have the opportunity to use the money that was allocated by the state as family capital for the reconstruction of the housing space in which you currently live.

In this way, you can increase the area of \u200b\u200bthe room. The concept of "reconstruction" means special work that leads to a change in the technical characteristics of housing.

They are also aimed at improving the efficiency of using residential square meters.

You can use maternity capital funds for reconstruction for the following types of work:

• reorganization of living quarters;
• organization of new independent construction;
• increase in living space;
• renovation of engineering systems and communications in an apartment or in a house.

It is important to understand that reconstruction is far from the construction of a new living space, but simply construction work, which can be both simple and complex.

Construction

The money that was raised as family capital can also be used to build a completely new living space.

Construction can take place in two ways:

• with the help of any chosen construction company;
• independently by the owner of the certificate.

If you are going to build a new dwelling with the help of specially trained people and a separate construction organization, then in order to use the money allocated by the state, you will need to submit a work contract to the Pension Fund.

In this case, the money is immediately transferred to the account of the construction company. If you are going to carry out the construction yourself, then the transfer of money takes place in two stages:

• 50% of the amount is transferred by the Pension Fund immediately after the submission of the necessary documents;
• 50% of the amount is transferred 6 months after the fact of construction work has been confirmed.

Please note that you will need to keep records of all your expenses, since you will need to provide this information to the Pension Fund.

Is it possible to pay off the mortgage

In order to use maternity capital to improve housing conditions up to 3 years (that is, not wait until the baby reaches the age of 3 years), it is necessary that the family has already issued a home loan.

So, family capital funds can be used in two cases:

• making the first installment on a mortgage loan;
• one-time repayment of the existing debt on interest and the main body of the loan.

In order to use money, you need:

1. Visit the bank in order to get a certificate of the balance of the debt on the mortgage loan.
2. You submit all the necessary documents to the Pension Fund along with a certificate that was received from the bank.
3. After the Pension Fund reviews your application, the money will be transferred to the bank to pay off part of the debt on your mortgage loan.

What documents need to be collected

If you decide to use maternity capital to improve your living conditions, then you need to prepare certain papers. Mandatory documents include:

• passport of a citizen of the Russian Federation;
• pension insurance certificate;
• marriage certificate (only if the husband is also involved in the transaction).