Housing requirements maternity capital

Maternity capital: real estate requirements

Not every residential property can be purchased using maternity capital funds. In what cases should you count on government support?

Not every residential property can be purchased using maternity capital funds. About in what cases you should count on government support, see the material of the legal consultant of the Novosibirsk Real Estate.nn-baza.ru portal.

In accordance with Decree of the Government of the Russian Federation of December 12, 2007 No. 862, it is legal to use maternity capital funds only to improve housing conditions on the territory of the Russian Federation. With this money you can buy or build an apartment (through a housing cooperative, within the framework of shared participation and using a mortgage, concluding a purchase and sale transaction), an individual housing construction project, or reconstruct the latter.

The specific characteristics of the purchased real estate are not indicated in the mentioned document, although exactly a year ago deputies of the Legislative Assembly of the Jewish Autonomous Region proposed introducing a requirement that residential premises comply with established sanitary and technical standards, but the State Duma did not accept the amendment. Some criteria that must be taken into account, including when spending capital, are dictated by the norms of the Housing and Urban Planning Codes.

Maternity capital for the purchase of housing

Since the housing is in common ownership and, among other things, belongs to children, the sale must be reported to the guardianship authorities and their consent must be obtained.
To do this, you must provide evidence that the children will receive shares in another living space , no smaller in size than the existing ones.

The case reached the Supreme Court. Which explained: a property that can be purchased with maternity capital must be suitable for living. This means that it must meet the requirements for residential premises established by sanitary and epidemiological rules and regulations. This should be determined by construction and technical expertise.

Which house is suitable for purchasing with maternity capital?

The rules for registering a house for maternity capital are regulated by Federal Law No. 256-FZ. According to this act, a certificate can be spent in this way under the following conditions:

the purchased property improves the family’s living conditions;
real estate is registered as shared ownership of each family member, including minor children;
the child, with whose birth the family acquired maternity capital, has reached the age of three.

IMPORTANT! If a home purchase and sale transaction involves borrowed funds, it is not necessary to wait until the child is three years old. With a mortgage, a house can be purchased at any time.

Purchasing a built house

To buy a home with their own funds using maternal capital finance, a family needs to follow the following procedure:

Find a property and agree on a deal with the seller.
Draw up and conclude a purchase and sale agreement.
Submit an application for registration of ownership rights to the property. To do this, you need to contact the Rosreestr office.
Receive an extract from the Unified State Register of Real Estate.
Submit an application for the transfer of certificate funds to the seller at the Pension Fund branch at the place of registration.

When using borrowed funds, the algorithm of actions changes. To complete a transaction, a citizen entitled to dispose of the money in the certificate must perform the following sequence of actions:

Find a property.
Draw up and conclude a mortgage lending agreement with a banking organization.
Contact Rosreestr to register property.
Submit an application for transfer of funds to the Pension Fund.

IMPORTANT! If the certificate is used to pay off an existing mortgage, in addition to the application to the Pension Fund, a home purchase agreement and payment receipts are provided.

Is it possible to buy a dacha

You cannot use maternity capital funds when buying a dacha. The restriction applies even if the family plans to live there permanently. To complete such a transaction, you need to change the status of your home.

A building is considered residential if it meets the following requirements:

purpose of land - individual housing construction;
the presence of a foundation and main walls;
availability of communications (water, electricity, heating).

If the country house meets the specified requirements, then it can be re-registered in the Unified State Register of Real Estate as residential real estate and purchased using the mother’s certificate.

Requirements for a home to purchase

Which houses are suitable for maternity capital are indicated in Article 256-FZ. The list of requirements for a house based on maternity capital is as follows:

location – within a populated area;
status – capital structure;
number of storeys - no more than three floors;
completeness – completed building;
wear – no more than 50%;
compliance with housing standards - the absence of adjacent walls with other residential buildings, the presence of windows and communication systems.

IMPORTANT! Using the mother's certificate, you cannot purchase emergency or dilapidated housing.

How and with whom to coordinate the purchase of housing

Permission to use funds can be obtained from the Pension Fund office. To do this, the certificate holder needs to fill out an application and collect the following package of documents:

statement;
applicant's passport;
passports of the husband and children (if under 14 years old - birth certificate);
extract from the Unified State Register of Property Rights;
an extract from the house register about the composition of the family.

The application is submitted in the following ways:

personal appeal;
by mail;
through the MFC;
online on the State Services Internet portal.

This is important to know: Conditions for using maternity capital to repay a mortgage in 2020.

IMPORTANT! If the funds requested from the Pension Fund will be used to pay the down payment on the mortgage, an extract from the bank about the remaining debt is required.

How to buy a house with maternity capital

If the purchase is planned using raised funds (mortgage) or has already been completed, then the capital can be disposed of before the child reaches the third birthday. The money can be used as a down payment or used to pay off the principal and interest on the loan.

Registration is carried out within a period not exceeding 7 days. In confirmation of the registered right, an extract is issued, which contains up-to-date information: registration date, owner, property address and other important information.

This is interesting: Until what hour can you make noise in Izhevsk

Conditions for purchasing a house using matkapital

When concluding a contract for the purchase of real estate using a mother’s certificate, the following conditions are taken into account:

the cost of the house and the land plot must be stated separately, since the maternity capital program does not provide for the acquisition of land;
the agreement should regulate the deadline for fulfilling obligations, since the procedure for transferring funds from the Pension Fund to the seller takes approximately two months;
Until the transaction is paid for, the house is registered by agreement as collateral.

The condition of the facility, the presence of all necessary communications and compliance with the norm of area units per person are the main aspects that the Pension Fund considers when making a decision.

Degree of wear and tear of housing

The law on maternity capital does not define the percentage of depreciation of housing that is permissible for the Pension Fund to approve an application to purchase a house. Typically, a house is considered unsuitable for permanent residence if the percentage of wear and tear is close to 80%. In any case, only a local administration commission can make such a decision. In real practice, there are refusals to transfer capital when the housing is 50% worn out.

It should be remembered that the suitability of a house for habitation is assessed not only by the percentage of wear and tear. The commission pays attention to the following points: year of construction, presence or absence of damage (for example, cracks in the walls), availability of electricity, heat and water supply.

Let's consider an example: according to the BTI passport, the house has relatively little wear, which is 52%. But in this house there are cracked walls and attic floors, sagging floors, the stove heating does not work, water must be taken from a well 100 meters from the house. Most likely, such a house will be declared unsuitable, and the Pension Fund will reject the application for disposal of maternity capital. It is very possible that we are faced with another attempt to cash out maternity capital in circumvention of the law. Even before the commission works, you can estimate the chances of the deal being approved. Think about it - would you live in such a house with your small children all the time, including in winter? If not, then most likely the commission will also come to the same conclusion. It does not matter that your children already have other housing. After all, maternity capital is issued to improve living conditions - if you are not going to live in such a house, then the family’s living conditions will not improve.

Requirements for housing purchased with maternity capital

The Russian Federation has a program to improve housing conditions for young families. It was launched on January 1, 2007 and is still in operation today. With its help, you can receive government support for purchasing a new apartment or reconstructing an old one. Families in which a second child was born or adopted are eligible to participate. There are a number of requirements for housing purchased with maternity capital.

Requirements for a house (apartment) purchased using maternity capital funds

At the same time, the Housing Code of the Russian Federation (hereinafter referred to as the Housing Code of the Russian Federation) defines “residential premises” (see Part 2 of Article 15 of the Housing Code of the Russian Federation). Thus, “residential” is an isolated premises, which is real estate and is suitable for permanent residence of citizens (meets established sanitary and technical rules and regulations, other legal requirements (hereinafter referred to as requirements)).

Since January 1, 2007, the maternity capital program has been operating in Russia. During this time, about 4.8 million families with two or more children were able to take advantage of government financial support. Maternity capital can be used in several ways, but the most popular is improving housing conditions. Previously, the maternity capital program only provided for the repayment of the principal debt on the mortgage, but now, with the help of money provided by the state, you can also pay interest on such a loan.

Conditions for receiving funds

There are 3 main conditions that must be met to obtain maternity capital for housing:

To redeem the certificate received, the child must be 3 years old.
The purchased housing must meet the requirements of the Russian Pension Fund.
Once the transaction is concluded, the purchase and sale agreement must be provided as proof of the legal use of the funds.

Unfortunately, it is impossible to purchase acceptable housing with the amount of maternity capital, since it is quite small. Therefore, the family will in any case have to look for an outside source of support. As a rule, the money received is used as a down payment to obtain a mortgage loan from a bank. Credit organizations are much more willing to enter into agreements with holders of such a certificate.

How can you buy a house using maternity capital?

Recently, the construction of turnkey timber facilities with the involvement of maternity capital has become relevant. If you take out a loan for such a process, you will be able to pay it off using the benefit before your child turns 3 years old. The demand for such houses is growing, because their prices are affordable and construction time is short. Nuances:

Until the child reaches the age of three, maternity capital funds can only be spent on repaying the debt (or paying interest) received for the purchase of housing or its construction.
Funds for the purchase of a house are transferred only in non-cash form to the account of the alienator.
If a bank takes out a loan to build a house, it is repaid with maternity capital funds until the child reaches the age of 3 years
Thanks to changes made to the law, it is now possible to use benefit funds for the purchase or reconstruction of housing without intermediaries. It is no longer necessary for a construction company to participate in the process.
It is prohibited to buy summer cottages using maternity capital, but due to the existing possibility of registration in gardening farms, this option eventually takes place. However, a prerequisite for construction is the status of a residential building.

This is interesting: Torg12 stamp or power of attorney

Features of the procedure

When purchasing housing using maternal (family) capital, you must:

Make an extract from the local fund describing the current state of the citizen’s personal account - without it, it will not be possible to draw up a legal purchase and sale agreement.
When purchasing real estate, you must carefully study all documents related to the case. For example, compare information in title documents. All data must be identical. Even a small typo on one of the papers can cause a refusal by representatives of the local fund - in case of discrepancies in the data, the transaction is prohibited.
When the required property has been found and the parties are ready to make a transaction, it is necessary to submit an application for the use of funds from the capital of the young family. To do this, you must provide the fund with the details of your bank account to which you plan to receive funds.

Money from the state will not be received immediately after submitting the application. The municipal organization reserves the right to send funds within 2 months from the date of receipt of the documents. If only one spouse deals with these issues, then it is necessary to provide the consent of the husband or wife - it must be registered with a notary office.

Real estate requirements

The Russian Pension Fund has its own list of requirements for purchased housing:

It is not allowed to place an apartment in a basement or basement.
Living rooms and kitchens should have windows for natural light during the day.
The residential property must be built in accordance with legal grounds.
The apartment must be completely isolated, in a building that meets the conditions for suitable housing for young families.
During the cold season, housing must have heating systems that provide the required level of heating of residential premises.
If money is used to purchase a private house or reconstruct an old one, then it must be a separate building no more than 3 floors high.

This is important to know: How to cash out regional maternity capital

Dilapidated and emergency housing

It is definitely prohibited to buy housing with maternity capital funds, which is already officially recognized as dilapidated, in disrepair, and also subject to demolition.

Even if the Pension Fund accidentally missed such a deal, the prosecutor’s office may reveal it in the future. Then all parties to the transaction will appear in court.

Matkapital cannot be spent on dilapidated housing

When using maternity capital to purchase housing, it is important that the residential premises are suitable for permanent residence . Otherwise, the Pension Fund will refuse to transfer money to finance such a transaction.

a commission from the local administration can declare housing suitable or unsuitable . This commission conducts an assessment of housing at the request of the owner or based on the conclusion of government regulatory organizations (for example, the prosecutor's office).

This procedure was established by Decree of the Government of Russia No. 47 of January 28, 2006 “Regulations on the recognition of premises as residential premises, residential premises unsuitable for habitation and an apartment building as unsafe and subject to demolition or reconstruction.”

The commission can conduct a housing assessment without the presence of the owner, for example, at the request of the Pension Fund.

The commission documents its decision on the suitability or unsuitability of housing. Only on the basis of this decision can the Pension Fund recognize the housing as unfit for habitation and refuse to pay maternity capital.

Registration process

The entire procedure for obtaining maternity capital and using it to purchase housing is divided into 4 stages:

It is necessary to obtain a certificate to receive state support, that is, to become a participant in the maternity capital program. To do this, a second child must be born in the family (adoption is allowed), after which an application to the local branch of the pension fund follows. You will need to provide the child's birth certificate, mother's passport, and a certificate of citizenship. Sometimes additional documents may be required. The application is considered within 7-30 days from the date of submission.
After receiving the certificate, you can start looking for suitable housing. However, it is worth considering that you can use the funds only after the child reaches 3 years of age. Typically, the search for a home can take several months. This is due to the fact that not every owner is ready to make a transaction using maternal capital - the fund carries out the transfer for up to 2 months, which may not correspond to the seller’s plans.
When a suitable property has been found, you can proceed to the contract registration procedure. The timing depends directly on the seller and buyer. The pension fund has nothing to do with this issue.
The deal must be approved by representatives of the Russian Pension Fund. To do this, employees analyze documents and make a final decision. After this, the funds are sent to the buyer's account.

Quite often, citizens wonder about the possibility of purchasing a house in a horticultural society. If the property meets all the requirements and you can legally register in it, then such a transaction is possible. However, the purchased housing must be built legally, and not unauthorized.

Some families want to purchase an empty plot of land with government support and build a house on it at their own expense. This procedure is not possible.

Compensation for a built house with maternity capital

MSC certificate funds can also be used to compensate for the costs of an already built house, provided that it was erected and put into operation by the applicant independently after 01/01/2007. However, this measure can be used only after the child turns 3 years old , with the advent of which the right to maternity capital arose.

List of required documents:

copy of state confirmation registration of property rights that arose no earlier than January 1, 2007 ;
confirmation that the certificate holder has a bank account (its details must also be indicated).