How to use maternity capital to buy an apartment without a mortgage: how to get a subsidy for the purchase of housing for up to 3 years and is it possible to use family capital to buy a house, etc.

Very often, maternity capital is used when purchasing a new apartment.
However, you need to know several important nuances in order to use it. So, when buying without using a mortgage, you must wait until the second child turns three years old.

Although, there are several ways to manage money to purchase housing without waiting until your second child turns three years old.

The legislative framework

The main law is the “Law on Maternity Capital” of December 29, 2006.

According to it, it is possible to use the money only when the second child reaches the age of three. However, there is one exception, which involves taking out a mortgage loan.

It can be used for the purpose of partial early termination of loan obligations.

The law does not approve the use of budget funds to provide a deposit or down payment. The latter is necessary when using a mortgage.

But it can be used as a unit of account when buying an apartment without a mortgage.

To do this, you need to write in the purchase and sale agreement that the first part of the payment will be given to the seller in cash as a deposit, and the remaining part will be transferred by the Pension Fund to his personal account within a certain period.

The application is considered for 30 days and the same amount of time is required to transfer money to the specified account.

It is important to understand that the funds are transferred to the seller, and not to the owner of the maternity capital.

In case of misuse of money or provision of knowingly incorrect information to the Pension Fund, criminal liability follows. It will also be necessary to return the entire amount of family capital to the state.

Participation in a housing cooperative

If one of the parents joins a housing cooperative or is a member of it, then maternity capital can be used to repay the entrance or share fee without applying for a loan or loan.

This is important to know: Buying an apartment from two owners features

Part 1 and part 5 of Art. 47 of Law No. 215-FZ of December 30, 2004 “On Housing Savings Cooperatives” establishes that a member of a cooperative has the right to purchase or build after:

at least 30% of the share contribution has been made - this is the minimum amount of the entrance fee;
the minimum contribution period has expired (from the second year of operation of the cooperative it cannot be less than 2 years).

To manage maternity capital, you need to submit an application to the Pension Fund and:

Russian passport of the certificate owner.
Marriage certificate and passport of the spouse, if he is a member of the cooperative (joins it).
An extract from the register of members of the cooperative. If it cannot be submitted, then you can provide confirmation of the application for entry or a decision on admission.
A certificate confirming the amount of the share contribution made and the remaining balance.
A copy of the cooperative's charter.
An obligation to allocate shares to children and spouse, certified by a notary.

Receiving mat. capital for the purchase of living space

The main requirement of the state for disposing of maternity capital is that the second child reaches three years of age.

Can capital be used without meeting this requirement? Yes, it can be circumvented legally, thanks to amendments to the law that regulates the mechanism for issuing swear words. capital.

Concluding an agreement with the seller of real estate to provide the buyer with an installment plan. However, this agreement provides for acquisitions exclusively in new buildings.
The basis for the purchase is Federal Law No. 214. It is important that the developer works using this scheme.
If he refuses to use it, then he will need to wait for the house to be put into operation and buy housing on the secondary market, where its cost will be much higher. Upon receipt of approval, the seller receives money into his account from the Pension Fund.
Obtaining a loan from an employer. Some employers agree to issue a loan to their employees secured by this subsidy, so that they, in turn, can buy an apartment.
It is important that this loan is provided without interest. Then the employee must submit a loan agreement to the Pension Fund. The money is transferred to the specified creditor account within the period prescribed by law.
When purchasing an apartment without a mortgage, it is possible to conclude a purchase and sale agreement with the seller, which provides for the use of maternity capital for the purchase of housing for settlement and an additional agreement to it for imposing an encumbrance.
This is relevant when the amount is not enough to complete the transaction. The agreement stipulates that the principal amount is a deposit, and maternity capital is transferred within the period established by law.

After this, it is considered that the buyer has fully fulfilled his financial obligations and it is possible to formalize the transaction in Rosreestr.

Participation in a housing cooperative

If the owner of the certificate or his spouse is a member of a housing cooperative (HC) or joins it, then the family has the right to use maternity capital to repay the share or entrance fee.

According to Part 1 and Part 5 of Art. 47 of Law No. 215-FZ of December 30, 2004 on housing cooperatives, the right to purchase or build arises after two conditions :

a member of the cooperative has contributed 30 percent or more of the established share contribution;
the minimum established period for contribution has expired - from the second year of operation of the cooperative, this period cannot be less than 2 years.

To issue an order, the following must be submitted :

Russian passport of the certificate owner.
Marriage certificate and passport of the spouse, if he is a member of the cooperative or joins it.
Extract from the register of members of the cooperative. If it cannot be provided, then a document confirming the submission of the application or the decision on admission is required.
Certificate of the amount of the share contribution already made and the unpaid balance.
A copy of the charter of the housing cooperative.
An obligation to allocate shares to children and spouse, certified by a notary.

This is important to know: How to check the seller’s capacity when buying an apartment

How to buy an apartment?

The first and main stage of the transaction is the purchase and sale agreement.

It must indicate the total amount of the transaction, the amount of the deposit, the deadline for final payment, the address of the property, its technical condition and much more.

You can use a standard contract and modify it to suit your transaction.

The contract must also contain details of both parties. All family members must be indicated in the “buyer” column.

This is important because when using maternity capital, children must receive a share in the purchased property. It is possible to distribute ¼ shares between parents and children or ¼ between children, and the remaining half of the spouses is registered as joint property.

If an adult child participates in the purchase , he can refuse his share. This refusal must be in writing and notarized. In this case, the distribution of shares occurs without his participation.

After the transaction is concluded, it is registered. It requires five days.

It is possible that an encumbrance may be placed on the property because the buyer has not fulfilled his financial obligations in full. After receiving an extract from the Unified State Register, a copy is provided to the Pension Fund branch for the transfer of funds.

You will need the following documents if you want to buy an apartment using a mat. capital:

Application for issuance of a certificate.
Application for disposal of budget funds.
Applicant's passport. Usually this is the mother of the child, but there may be other legal representatives in whose name the family capital is registered.
SNILS of the applicant.
Birth certificates for all children. They must be citizens of the Russian Federation.
Contract for the purchase of housing.
An extract from the Unified State Register confirming the registration of the transaction.
Recipient details.
Other documents for the apartment that the Pension Fund may require.

If the apartment is encumbered as a result of incomplete settlement with the seller, then after transferring maternity capital funds, the seller must remove the encumbrance. To do this, you will need to contact Rosreestr or the MFC with the required documents.

It includes the parents’ passports, birth certificates, a document confirming the full fulfillment of financial obligations, as well as payment of the state fee. It is important to have not only originals, but also copies of these documents.

Is it possible to buy a plot of land for capital?

Legislation prohibits the purchase of a plot of land at the expense of the Federal Materiel Capital , but allows the purchase of a plot of land under the regional family capital program only in a situation where it is planned to build a residential building on it. Simply declaring your desire is not enough - after some time, the buyer needs to confirm the target direction for spending the state tranche . A mandatory condition is to indicate that the site is used for housing construction when registering the property in Rosreestr.

Recommended article: How to calculate a mortgage with maternity capital in VTB using an online calculator

It is also allowed to purchase land free from development if its purpose is changed through the regional administration. Self-government bodies will make concessions if the owner has all the rights to the site as a result of its purchase, inheritance or gratuitous use.

Unfortunately, it is not possible in all Russian regions to buy land for a regional MK. Such a program is supported in Yaroslavl, Leningrad region, Kalmykia, Oryol and Ivanovo regions. Recipients of maternal capital living outside the designated territories will not be able to use the subsidy to purchase the plot.

Is a transaction possible before the child reaches three years of age?

There are only two ways to use budget funds before the second child reaches the age of three.

The first option involves the disposal of funds. capital on the basis of Article 10 of Federal Law No. 256. It is important that the transaction takes place in accordance with the requirements of the law, so that it is not considered void, and the owner of the family capital does not have to return it to the state.

It is possible to purchase any residential property on the primary and secondary markets. However, these methods involve the use of mat. capital when the second child is at least three years old.

If you want to manage your money before reaching this age, you need to take out a mortgage. Then budget money can be used as full or partial early repayment of the loan. It is not possible to buy a house before 3 years of age.

It is important for the Pension Fund that public funds be spent specifically on the purchase of a house or apartment. Therefore, the following documents will be required:

Agreement on obtaining a mortgage loan.
A check, receipt, or other document indicating that the money was used to purchase the home.
Certificate of income of the title borrower.
Certificate of availability of bank accounts.
Contract of sale.

Many offer to cash out maternity capital legally for a certain percentage. It is worth noting that this is a scam.

At the same time, those who provided you with this service will receive practically nothing, since the contract is drawn up in such a way that they are not aware of the use of family capital funds in the provision of their services. You can also lose your money completely.

If you cannot confirm the intended use of budget funds, you will have to return the money to the state.

Purchase options

If everything is clear and understandable on the theoretical side, then one of the main questions still remains open. “Who can you buy square meters from for capital, and what options are there?” We focus on the fact that we plan to purchase without taking out a mortgage loan.

You can automatically forget about purchasing premium class housing, only for the reason that maternity capital and savings may simply not be enough. Economy class housing is an ideal option. You should not mistakenly think that the housing will be of poor quality, there will be no playground in the yard, and in general there will be unsanitary conditions all around. Economy class housing is no worse, and sometimes even better, than premium.

In order to carry out your search several times faster, we recommend enlisting the support of realtors who specialize in the purchase and sale of square meters using maternal capital. Let’s say right away that many realtors use a trick, convincing buyers that there is no housing on the market for the available price (material capital).

Don't trust them. There are such apartments and there are quite a lot of them. Insist on your own.

What actions to take:

The first option that will help you become the owner of your own home is shared construction, the purchase of which can be carried out without attracting additional funds. At the moment, there are a huge number of developers who agree to cooperate using funds received from maternity capital. By the way, from the legislative side, equity holders are protected on all sides, and the number of fraudsters in this area has begun to decline.
The most common option is to purchase square meters using cash. To do this, just contact the Pension Fund of the Russian Federation, where after submitting the appropriate application, the amount will be transferred to the seller. Despite such a simple scheme, there is one negative aspect: often, the cost of maternity capital does not exceed 500 thousand rubles (two children), and at the moment it is quite difficult to find housing for that price, but again it all depends on the region and subject of the Russian Federation, because whoever seeks will always find.
You can acquire your own personal family nest with the help of maternity capital by making a contribution to housing cooperatives. But before cashing the certificate, you will still need to deposit your own cash savings. After the agreement on the transfer of money is signed, it will be necessary to carry out the procedure for submitting an application to the Pension Fund.

Features of buying housing on the secondary market without using a mortgage

There are few specifics when selling maternity capital to purchase an apartment on the secondary market, but you need to know about them. If the procedure for completing a transaction is violated, it can be declared invalid.

The first stage involves concluding a purchase and sale agreement and providing a deposit.

The seller must write a receipt for the specified amount as a deposit. It will be needed to provide documents to the Pension Fund.

The contract must provide for payment in installments, which will include the buyer’s cash and mat. capital. also need to indicate the amount of the available amount.

It is confirmed by a certificate from the Pension Fund about the balance of money in the personal account. It is an annex to the agreement.

After this, the transaction must be registered with Rosreestr. To do this, you need to submit all documents for the apartment and pay the state fee. Since maternity capital is used, it will be necessary to notarize the shares between the parties to the transaction.

When the seller receives his money from the Pension Fund, it will be possible to remove the encumbrance from the apartment.

Nuances and pitfalls

It is quite difficult to carry out a transaction using maternity capital on your own. There are many nuances that must be observed so that the transaction is not considered void. Therefore, it is recommended to contact a real estate agency.

The presence of specialists who are aware of the latest changes in legislation relating to the purchase and sale of apartments, as well as experts who will help carry out the transaction, will provide all the nuances and will allow the transaction to be carried out quickly.

If bank funds are used to buy an apartment before the child reaches three years old, then you can apply for a loan through a real estate agency. The approval rate here is over 90%.

In addition, you can provide a shortened package of documents. Then the maternity capital is used to repay the loan received.

The big advantage of this method is the ability to take more funds to carry out repairs in the apartment. This is possible by inflating the cost of the transaction.

The seller returns to the buyer the difference between the original cost and the inflated one, which was submitted to the bank.

Thus, the answer to the question: “Is it possible to use maternity capital for housing without a mortgage for up to 3 years?” - you can use family capital to purchase housing before the child reaches three years of age, but there are many restrictions.

Try to avoid illegal methods of using swear words. capital, since you will not be able to prove their intended use and will be forced to return the money to the state.

The only legal way to use the money before the child turns three is to pay off the existing mortgage loan.

Today it is possible to obtain several types of loans using maternity capital. We recommend that you look at our articles about legal ways to issue such loans, where and how to get them, including from Sberbank, VTB 24 and other banks, as well as whether you can get funds for repairing or building a house.