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

1) for the acquisition (construction) of residential premises, carried out by citizens through the conclusion 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 these funds to the organization carrying out the alienation (construction) residential premises to be acquired (under construction), or to an individual expropriating the residential premises to be acquired, or an organization, including a credit institution, which has provided funds under a loan agreement (loan agreement) for the specified purposes;

2) for the construction, reconstruction of an object of individual housing construction, carried out by citizens without the involvement of an organization engaged in the construction (reconstruction) of an object of individual housing construction, including under a construction contract, by transferring the indicated 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 amount of maternity (family) capital funds due to the person who received the certificate on the date of filing an application for disposal by him may be issued in accordance with clause 2 of part 1 of this article to the specified person for the construction (reconstruction) of an individual housing construction object, upon presentation of the following documents certified in accordance with the procedure established by law:

1) copies of the documents of the person who received the certificate, or his spouse (wife), confirming the ownership of the land, the right to permanent (unlimited) use of the land, the right to lifelong inheritable possession of the land, the right to lease the land or the right to free use of the land, 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 notice specified in paragraph 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 to 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 spouse (wife) to the object of individual housing construction in the event of its reconstruction;

(see text in previous edition)

4) a written obligation of the person (persons) for whom (who) a building permit has been issued or to whom (who) has been issued a notice specified in paragraph 2 of part 7 of Article 51.1 of the Town Planning Code of the Russian Federation, within six months from the date of receipt of the cadastral passport or from on the day of receipt of the notification of the compliance of the constructed or reconstructed individual housing construction with the requirements of the legislation on urban planning activities specified in paragraph 5 of part 19 of Article 55 of the Town Planning Code of the Russian Federation, to issue a dwelling built (reconstructed) using funds (part of the funds) of the mother (family) capital, in the common property of the person who received the certificate, his spouse (wife), children (including the first, second, third child and subsequent children).

(see text in previous edition)

1.1-1. The documents provided for in paragraphs 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 governments, state non-budgetary funds and organizations subordinate to state bodies or local governments, if these documents are at the disposal of such bodies or organizations and the person who received the certificate did not submit the specified documents independently.

1.2. The part of the maternity (family) capital funds remaining as a result of their disposal in accordance with paragraph 1.1 of this article may be used for the same purposes no earlier than six months after the previous transfer of the part of the maternity (family) capital funds, if presented by a person, who received a certificate, a document of the body authorized to issue a building permit, confirming the performance of the main work on the construction of an individual housing construction object (installation of the foundation, erection of walls and roofs) or the performance of work on the reconstruction of an individual housing construction object, as a result of which the total area of \u200b\u200bthe residential premises ( living quarters) of the object being reconstructed increases by at least the accounting norm for the living quarters area, established in accordance with the housing legislation of the Russian Federation. The issuance of the specified 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. Maternity (family) capital funds, on the basis of an application for disposal of a person who has received a certificate, may be issued in accordance with clause 2 of part 1 of this article to the specified person to compensate for the costs of construction (reconstructed subject to the requirements of part 1.2 of this article) by him or his spouse ( spouse) an object of individual housing construction upon presentation of evidence in the manner prescribed by law:

1) copies of the documents of the person who received the certificate, or his spouse (wife), confirming the ownership of the land, the right to permanent (unlimited) use of the land, the right to lifelong inheritable possession of the land, the right to lease the land or the right to free use of the land, 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 No. 171-FZ of June 23, 2014)

(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 spouse (wife) to the constructed object of individual housing construction, which arose not earlier than January 1, 2007, or to the object of individual housing construction reconstructed after January 1, 2007 - regardless from the date of occurrence of the said right;

(see text in previous edition)

3) a written obligation of the person (persons), 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 (wife), children (including the first, second, third child and subsequent children) within six months after the transfer of maternity (family) capital by the Pension Fund of the Russian Federation - if the individual housing construction object is not registered in the common ownership of the person who received the certificate, his spouse (wife), children (including the first, second, third child and subsequent children).

1.4. The documents specified in paragraphs 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 the bodies providing public services, bodies providing municipal services, other state bodies, local governments and subordinate to state bodies or local governments organizations, if the specified documents are at the disposal of such bodies or organizations and the person who received the certificate did not submit the specified documents independently.

2. The funds (part of the funds) of the maternity (family) capital may be used to fulfill obligations related to the improvement of housing conditions that arose prior to the date of acquisition of the right to additional measures of state support.

3. Acquired with the use of funds (part of the funds) of maternity (family) capital must be located on the territory of the Russian Federation.

4. Residential premises acquired (built, reconstructed) using funds (part of the funds) of maternity (family) capital, is registered in 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 the funds) of maternity (family) capital to improve housing conditions are established by the Government of the Russian Federation.

6. Funds (part of the funds) of maternity (family) capital can be used to pay the initial contribution and (or) repay the principal debt and pay interest on loans or loans 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 from the date of birth (adoption) of the second, third child or subsequent children.

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

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

For example, in order to increase the level of demography in 2007, it was launched and is still functioning effectively, despite the crisis,.

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

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 financial assistance to families who have given birth or adopted a second and subsequent children. The right to receive a MK 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 07/01/2007, and they did not earlier use the right to additional measures of state support. The program applies only to citizens of Russia.

In fact, the help is very significant, since in small towns its amount is a third, or even half, of the cost of a one-room apartment. The size of the MC, although it was established by law, was indexed every year until 2017. So, having started in 2007 with 250,000 rubles, now it is 453026 rub.

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

While legally fixed following goals for which MK can be used:

Rules for the Use of Home Improvement Funds

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

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

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

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

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

The certificate is issued within 30 days 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 MC funds does not differ much from the usual purchase of a residential facility.

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

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

Secondly, in civil law relations, another subject appears - Pension Fund. You will have to go there more than once. First, in order to obtain a certificate, then for preliminary approval of the selected property 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 MC funds is that it installment payment terms. The Pension Fund, in order to avoid the risks of suspension of registration of the right of buyers, or refusal to register it, transfers funds only after the submission of documents confirming the emergence of the right of the buyer. Therefore, the contract must include clauses containing a description of the settlement procedure with the seller, conditions, terms. And since the payment of the price of the contract in terms of the MC funds occurs after the state registration of the rights of buyers, then a mortgage arises by law in favor of the seller - an encumbrance that guarantees the fulfillment of your obligation to pay the price of the residential premises to the seller. After paying the seller, do not rush to part with him and lose his phone number. After the calculation, it will be necessary to apply with him to the registration authority or to the MFC with applications for the repayment of the mortgage. Usually, when receiving documents, specialists notify about this. But there are cases when people realize late and cannot find a seller to pay off the debt. In this case, only the judicial procedure remains.

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

Bank loan repayment

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

Main conditions this option:

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

Extract from the USRN confirming the registration of your rights to the property;
A 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 receipt of a loan, which will specifically indicate the purpose of the loan.

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

Residential building construction

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

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

Not everyone knows that there is an opportunity to get 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 registered in the ownership of the certificate owner or his spouse.

Implementation of repair work

Many families would like to use MK funds for apartment renovation However, such an item of expenditure is not provided for by the legislation. The legislator added in 2010 the right to reconstruction of houses and apartments , so perhaps an overhaul article will also appear if the program remains in place.

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

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

Documents confirming the rights to the land plot, as during the construction of the house;
Appropriate permission to carry out housing reconstruction works;
Documents confirming the emergence of your right of ownership, or your spouse to a residential building or apartment;
A notarized obligation to re-register the reconstructed housing into the ownership of all family members;
A document confirming that the applicant has a bank account and containing its details.

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

Please note that repayment of loans for reconstruction at the expense of MK is possible, but do not count on early repayment before the child reaches 3 years of age. 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 a different goal - rebuilding the house and increasing its area.

There is only one way to get money for housing repairs. You need to wait until the state allows you to receive payment. Then it will be possible to use maternity capital to repair 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 to solve pressing problems is allowed.

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

Not all repairs are considered reconstruction. For example, replacing windows or sewerage is a rather costly job. 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 room size.

But as soon as the baby is born, you cannot receive a payment. The restriction is established by paragraph 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 mother capital for the purchase and construction of real estate.

Ways to use mother capital for repairs

Reconstruction means a significant change in the parameters of real estate - an increase in the 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;
dismantle or strengthen load-bearing structures;
make an attic from the 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 receiving funds and carrying out the reconstruction. As soon as the baby is three years old, you should immediately contact the pension fund department 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 the capital is issued for the construction or purchase of real estate.

Those who have conceived the reorganization must take into account 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 allocating mother capital 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 recover money for poor-quality services if the builders allow marriage.

Restructuring must be handled with care. If the work affects the parameters of safety, reliability of real estate, a permit for construction work should be issued.

Documentation

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

Family capital certificate.
Passport, certificate of registration.
Power of attorney, if the application is submitted by an authorized person.
A written commitment to register the residential premises as the property of all family members. An agreement is drawn up, which specifies the size of the shares.
Certificate of opening an account with a credit institution, which contains the details for transferring funds. Valid details are required. If they have changed, you must 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 the land plot under a private house.
An extract from the USRN confirming the rights to the property or a certificate of ownership.

This list is needed at the first stage. If everything is in order with the documents, a decision will be made on the payment of 50% of the family capital. To receive the remaining amount, you need to submit an act on the performance of work to the PFR unit. The form of the act was approved by order of the Ministry of Regional Development No. 286 dated 06/17/2011. The act is approved by the administration. You also need to issue ownership of the updated object.

Terms of receipt

In order to receive maternity capital in 2019, the following conditions must be met:

the second child is three years old;
parents will spend money to solve the housing problem;
the applicant is the owner of the land plot and the house, the reconstruction of which he will be engaged in;
after reconstruction, the footage of the premises increased by the accounting norm (local authorities approve this figure).

You can use the funds to pay off mortgage debt, pay interest on a mortgage loan. You can also improve the property that you already own. Moreover, officials must check whether the area of real estate has really increased. Inspectors are not limited to visual inspection. The necessary measurements and studies are being carried out. To receive the remaining amount, you must 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 that doesn't mean you have to give up.

The refusal can be appealed in court if it is unreasonable. When there are reasons for claims, the violations should be eliminated, and then reapply with an application for the issuance of an 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 it is better to spend it?

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

The law on maternity capital makes it possible for state support for families with two or more children to use maternity capital finances primarily for housing. You can improve your living conditions with the help of maternity capital by directing it both to buy an apartment or house, and to build or reconstruct them.

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

An important document that defines the direction of maternity capital for housing is Decree of the Government of the Russian Federation of December 12, 2007 No. 862 “On the rules for channeling maternity capital funds to improve housing conditions”. It sets out all the permitted options for spending maternity capital on improving housing conditions and defines 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:

When an apartment is purchased, a house according to a sales contract;
When an individual residential building is being built or reconstructed (moreover, its construction is allowed both with the participation of a contractor, and in the form of independent construction);
When housing is bought or built with credit funds (loan or mortgage);
When is the initial payment for a loan or loan made?
When the principal and (or) interest on the loan is paid;
When is shared housing construction paid?
When the entrance and (or) share fee is paid for the cooperative type of housing construction.

Acquisition of housing (Purchase and sale) for maternity capital

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

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

First, the contract must contain a clause stating that the buyer pays personal funds before signing it.

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

Thirdly, the contract obligatorily 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 has been made.

Acquisition 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 in full allows you to cover the purchase of housing.

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

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 of a real estate pledge will be required based on the personal funds of the buyer. At the second stage, when the Pension Fund transfers the maternity capital funds to the seller's settlement account, the entire amount will be paid and it will be possible to register the ownership of the purchased housing, having previously removed the encumbrance 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 its own. When contractors are involved in the construction of a house, a contract is concluded with them. The following documents will be required to submit to the Pension Fund in order to direct maternity capital funds for the construction or reconstruction of housing.

A document on the ownership of land with a building contract. If the construction is carried out using own funds, 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 documents that have the right to a land plot, and when reconstructing an existing house, a document confirming the ownership of a dwelling, a building or reconstruction permit, a bank statement with the details of the current account to which 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. In order to compensate for the costs incurred for the construction or reconstruction 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 reimbursement.

Before deciding to build or reconstruct housing for maternity capital, you need to make sure that your housing 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 restriction does not exist. When carrying out reconstruction, the condition of increasing the living area by at least one accounting norm due to an additional extension or superstructure, the conversion of non-residential premises into residential premises must be met.

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

Most often, the funds of the parent capital are directed to the mortgage. Today, a maternity capital certificate 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 use of maternity capital to pay off mortgage loan obligations, the loan must meet a number of requirements. These requirements are set out in the Rules for allocating maternity capital funds to improve housing conditions. The main thing is that its owner will not be able to receive the money of maternity capital in cash, and the repayment of credit obligations is made by bank transfer directly to the bank. Moreover, repayment of the loan is possible both to cover the down payment, and to cover the target loan agreement, as well as to cover the debt on interest and, of course, on the principal debt in accordance with the mortgage agreement.

The Pension Fund will not allow public funds to be used for fines, commissions and penalties charged by the bank.

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

Often, the bank's credit committee gives a positive opinion on granting a mortgage loan to a family, since the family capital certificate serves as a certain guarantor of loan repayment. But it is not 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 permanent 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 covered by maternity capital. Coverage occurs both on the down payment, the principal debt, and on interest for the use of funds borrowed in a financial institution.

When drawing up a loan agreement, three participants are involved: mother or other 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 you to spend the entire amount of maternity capital at once to cover credit obligations. Part of it can be saved to be directed to other purposes permitted by law, especially since this type of state assistance may be indexed in the future.

When choosing to invest maternity capital in a loan (loan) or 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 issue a mortgage rather than a standard loan.

In addition, attention should be paid to the monthly financial burden on the family budget when servicing a loan. This load should not be allowed to increase to more than 30 percent of the total family monthly income. It is also worth thinking about the time for which credit obligations will be extended. So, with a regular loan, a loan agreement is drawn up for a period of 1 to 5 years. A mortgage agreement allows you to distribute loan 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 burdensome measures on housing and other property for the entire period of the loan agreement. At this time, it is impossible to take legally significant actions to alienate home ownership or an apartment that is 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 term mortgages typically carry a higher loan overpayment than loans.

Use of maternity capital for shared housing construction

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

In this case, the family invests maternity capital in a house or apartment being built, which is under construction. Moreover, the funds of maternity capital for equity construction will be allowed to be used by the Pension Fund 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 home, it draws up a loan agreement under a mortgage lending program and the maternity capital here acts as a down payment.
when a family has an apartment in which the area does not meet the requirements of a growing family, it decides to sell it and buy another apartment with a larger area. Here, 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 personal funds of the family and maternity capital.

How is maternity capital invested in shared construction?

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

actions for choosing housing and booking it (the representative of the developer is informed that maternity capital will be attracted to finance shared construction; staged payment must be provided for in the share participation agreement);
formation of documents by the developer 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 of December 30, 2004 “On participation in the shared construction of apartment buildings”. Thanks to this law, under the control of the state, the registration of an agreement on 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 requires the developer to use citizens' finances only after the developer receives documents authorizing construction and has a project declaration and ownership or lease of the land plot on which the residential facility 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 family capital or his authorized representative 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 by the Rosreestr service;
receipt of payment of the invoice of the agreement on equity participation in construction;
certificate of financial debt under a shared construction agreement;
an obligation certified by a notary on registration within six months after registration of an apartment built in a shared way, in the ownership of all family members;
when a husband acts as a shareholder in housing under construction, his passport and marriage certificate are provided.

The Pension Fund, having studied the submitted documents, decides whether to allow or prohibit the use of maternity capital for the stated purpose of financing.

Use of maternity capital to pay a share contribution

Cooperatives are so-called mutual aid funds. For this purpose, mutual funds are formed to pay for 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 savings 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 for citizens in this way occurs through the attraction and use of funds from members of the cooperative for the purchase or construction of residential premises, transferred to its members first for use, and after payment of shares and for 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 accepted members of the cooperative get acquainted with its statutory provisions and pay entrance membership fees. At the same time, maternity capital cannot be used to pay the membership fee, since this will not be a payment for the purchase and construction of housing.

But you can make maternity capital for the payment of a share contribution intended for the acquisition of residential premises.

The Pension Fund will need to provide a certificate of the amount of the share contribution made, as well as the balance of the debt to the share contribution, after which it will be possible to become the owner of 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 premises.

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

How to apply for maternity capital to improve living conditions in 2019 is the main issue that interests all families who have decided on a second or subsequent baby.

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Spouses who decide to have a second or subsequent baby (have given birth or adopted) can count on additional material assistance from the state.

This assistance is called maternal or family capital. They can use it as they please.

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

Main Aspects

It was introduced in our country in 2007.

Since then, every family that has a second or subsequent child 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 the pension savings of the mother of the children.

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

Important Concepts

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

You can even say that this is the obligation of the state to every family. Important concepts 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 presented;
funds cannot be withdrawn.

Funding Requirements

In order to receive family capital, a woman needs to apply to a branch of the 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 that the second or subsequent baby was born or adopted between 2007 and 2019.

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

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

the man is the sole adopter of the child;
the woman lost the opportunity to get 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 to dispose of their family capital. As already said, 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 the age of 3.

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

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

What does change mean

Changing and improving the conditions for family living means:

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

Please note that the funds of the certificate aimed at improving the area for living can only be used on the territory of our country.

That is, you will not be able to purchase housing abroad, for example, with this money.

Purchase of a new premises

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

salesman;
customer;
Pension Fund of the Russian Federation.

The last participant in the transaction is engaged in the transfer of funds to the account of the seller.

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

Also remember 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 at least a month later, a maximum of 2 months from the date of signing.

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

If you choose partial coverage of the costs of acquiring real estate, then the transaction takes place in two stages:

In Rosreestr, real estate is registered on account of a part of the amount that was paid by the buyer at the first stage.
After the Pension Fund transfers the remaining amount to the seller's account, the registration of ownership of the new property takes place.

Reconstruction of former housing

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

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

They are also aimed at increasing the efficiency of the use of residential square meters.

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

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

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

Building

The money that was received 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 selected construction company;
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 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 construction on your own, 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 is confirmed.

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

Is it possible to pay off a mortgage

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

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

making a down payment 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:

Visit the bank in order to take a certificate of the balance of the debt on the mortgage loan.
You submit all the necessary documents to the Pension Fund along with a certificate that was received from the bank.
After the Pension Fund considers 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).