Maternity capital for the purchase of housing: can it be used for up to 3 years, when and how to get it without a mortgage, conditions of use in 2020

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Maternity capital can be used for various needs, namely: for the purchase of housing, treatment, education of children, etc. We will talk about one of these purposes in more detail in this article.

What are you allowed to spend maternity capital on?
What kind of housing is allowed to buy on MK?
Use of mat. capital under a purchase and sale agreement
Using installment payment when selling mat. capital for housing
Use of a loan agreement or loan agreement in the implementation of MK
Using a mortgage for the implementation of microcompany
Conclusion

MK operating conditions

In order for the Pension Fund to allow you to use funds from MK in 2020, you need to follow several important rules:

The housing on which you will spend your maternity capital certificate must be located on the territory of the Russian Federation .
When registering real estate, it is the residential property , and its share form.
Maternity capital transactions can take place in any form . Unless they are contrary to the law.
When writing an application to the Pension Fund, you need to indicate for what purpose you want to spend the funds, how much from the certificate you want to borrow and what documents you are attaching as evidence of your purpose.

An additional and most important condition for using the certificate is that when you sign the contract, you will allocate living space in the new house to all your children in equal shares.

The Foundation requires that this condition be officially notarized. The following conditions are met:

The share is allocated within six months after the funds have been received into the seller’s account, or when the bank removes the encumbrance from the property.
Spouses and their children are entitled to property in shares as agreed.
Those children who were born after the transaction was completed, but before the debt was repaid with funds from maternity capital, also participate in the division of property.

You should also take into account additional nuances that are important when using MK:

Housing purchased with funds from maternal capital must comply with technical and sanitary standards.
Real estate is registered in the name of all people in the family, including minors, the family member who is the owner of the certificate, and adults (there are exceptions).

Use of mat. capital under a purchase and sale agreement

How to transfer a family’s maternity capital for the purchase of housing, the conditions and procedure for the purchase and sale procedure are described in Resolution No. 862, and more specifically in clause 8 and clause 8.1.

It is allowed to pay a share of the cost of housing or its total price using MK funds, without taking out a loan or mortgage loan, only after the youngest child turns three years old. Moreover, the purchase and sale agreement may be ordinary, or it may be executed with a deferred payment.

A typical contract is concluded:

if the amount of funds for which the mat is calculated. capital that fully covers the price of the purchased property (for example, when purchasing a room, share or house in a rural area),
when no borrowed funds are used during the purchase, in other words, only for MK and the personal funds of the person who owns it.

Regardless of which specific payment method is chosen, the seller receives the purchase price only a couple of months after the transaction is approved by the Pension Fund.

That is why we can conclude that a regular agreement is a contract with deferred payment, which contains a clause on the need to use MK funds. In addition, the contract must clarify that:

the transfer of part (or the full amount) of funds will occur from the account in the Pension Fund to the account of the seller,
if the amount of savings is less than the price of the selected property (and this is the most common case), you need to write what share will be paid from the buyer’s personal savings,
the period during which the buyer needs to transfer documents to MK after concluding the agreement.

How to spend funds from the certificate on home improvement

The state offers several options on how exactly this can be done. This could be the reconstruction of an old property or the construction of a new home. Moreover, the certificate pays off the entire cost of the home at once, and it is made as a down payment when applying for a mortgage.

According to Federal Law No. 256, a certificate can be used to improve living conditions only when the child turns 3 years old. However, if a family wants to make maternity capital as a down payment, or if they already have a mortgage, then the certificate can be used immediately, without waiting for the child to be three years old .

The state program allows you to purchase housing both from third parties and from relatives. It is possible to use maternity capital and buy a share of housing (if it is not registered as part of an apartment). All acquired real estate turns out to be the property of one family.

Conditions for purchasing housing with maternity capital in 2020

Residential premises can be acquired as private property in 2 cases:

transfer of ownership from the seller to the buyer (usually when purchasing secondary housing, but in the primary market it also happens when the owner is the developer himself or the investor in the construction of a new building);
its occurrence (if ownership of a new residential property is registered on the basis of a participation agreement in shared construction or through a housing cooperative).

The legislation provides that a family, depending on how much time has passed since the birth (adoption) of a second or subsequent children, can purchase residential premises using a maternity capital certificate:

For the purchase of housing only as a down payment on a mortgage or to pay the principal and interest on a targeted loan or loan - at any time, including before the child reaches 3 years of age.
For any real estate transactions that do not contradict the law

In this case, in any case, the purchased residential premises must be registered as common shared ownership of all family members - parents (spouses) and all children.

According to the purchase and sale agreement

The general conditions for purchasing housing under a sales contract using family capital are described in clauses 8 and 8.1 of Resolution No. 862 of December 12, 2007.

You can pay for part of the housing or its full cost with certificate funds without applying for a loan or loan only after the child turns 3 years old! In this case, either a simple purchase and sale agreement or an agreement with installment payment can be drawn up.

A “simple” agreement can be concluded:

If the amount of savings in the certificate covers the cost of the purchased housing in full (for example, in the case of purchasing a room, share or house in a rural area).
Or if the purchase occurs without the use of borrowed funds, i.e. only at the expense of maternity capital and personal savings of the certificate holder.

In both cases, the seller will be able to receive the full redemption price only two months after the transaction receives approval from the Pension Fund.

Thus, a “simple agreement” provides for a deferred payment, and takes the form of a standard purchase and sale agreement, which contains a condition for deferred payment and a clause for full or partial payment of the cost of housing under the mother’s certificate.

The text of the contract should indicate:

that payment will be made using maternity capital savings, by transferring funds from the Pension Fund account to the settlement account specified by the seller;
if the amount of the certificate’s savings is less than the cost of the purchased housing, indicate what part is paid from the buyer’s savings;
deadline for the buyer to submit documents for the disposal of family capital.

Purchase with installment payment using capital

The transfer of family capital funds for installment payment is also possible only when the child reaches 3 years of age .

An agreement with installment payment differs from a deferment in that the installment plan is drawn up for a period of more than 2 months. As a rule, such deals are offered by the developer when purchasing housing on the primary real estate market.

Installments are provided as follows:

the buyer makes one-time down payment upon signing the contract;
the remaining amount is divided into the period agreed upon by the parties and paid to the seller in annuity (equal) payments in accordance with the schedule.

Installment plans are provided directly by the home seller , and not by a credit institution! a mortgage is issued for the period of full repayment . But since this is not an agreement with a bank, the transfer of funds is not possible until the child reaches 3 years of age.

According to the provisions of the Federal Law “On the Pledge of Real Estate”, the concept of “ mortgage ” means an agreement, one party of which is the mortgagor (home buyer), and the other mortgagee (seller) is the creditor under the obligation secured by the mortgage, who has a priority right over other creditors of the mortgagor to satisfy their monetary claims from the value of the real estate pledged by the mortgagor.

Thus, a mortgage is only a form of collateral in which the acquired property is encumbered by the rights of the mortgagee. In general, it secures not only the obligations arising from a credit or loan agreement, but also other obligations - for example, those based on purchase and sale (including installment payment), lease, contract and other agreements.

Under a credit agreement or loan agreement

If the amount of the certificate and the parents’ personal savings are not enough for a one-time purchase of a residential property, a way out is also to apply for a loan or a loan.

To make it possible to spend maternity capital funds to pay the principal or interest on the loan, it is necessary that the loan is not consumer , but targeted, i.e. The loan agreement must clearly state for what purposes the borrowed funds must be spent—purchase of housing, construction, or reconstruction.

Thus, in the case of a housing loan agreement, funds can only be used to improve housing conditions .

If one of the important conditions for concluding such an agreement is making a down payment , for which family capital funds can also be used.
In addition, maternity capital can be spent on paying part of the principal debt or interest on housing loan obligations.

In both of these cases, the certificate can be used immediately after receiving it.

Mortgage agreement when purchasing with matkapital

As mentioned earlier, a mortgage itself does not always provide for the presence of some kind of credit or loan and can simply act as security for obligations - both under an installment payment agreement and under any other agreement.

When concluding a mortgage lending agreement, the law provides for the pledge of the purchased property , and not any other, as is possible with a housing loan secured by existing property.
Another difference between mortgage lending is the fact that until the obligations are fulfilled, the actual owner of the purchased property is the bank .

repay an existing mortgage loan with the savings of a state certificate immediately after receiving it, without waiting for the child’s third birthday. To do this, you must provide to the Pension Fund :

application (in the prescribed form),
original certificate,
passport,
a copy of the loan agreement,
a certificate of the amount of debt from a credit institution,
certificate of ownership of the property purchased with a mortgage.

The transfer of funds will be carried out by the Pension Fund of Russia to the bank account within 2 months. After that, you need to request a certificate from the bank about closing the debt (if the mortgage has been fully repaid), or otherwise, take a new payment schedule and submit it to the Pension Fund.

An important circumstance is also the actual ban on paying fines and penalties for overdue loan obligations with maternity capital funds.

In the case where PFR funds act as a down payment , it is necessary:

obtain bank approval,
find housing that meets the legal requirements,
write to the Pension Fund a statement of order, which will be considered by the Pension Fund after the conclusion of the mortgage agreement.

Despite the fact that family capital funds are used to pay the down payment, in practice, they are still transferred after the bank transfers the rest of the cost of the purchased home to the seller. These are the specifics of the law, which not all credit organizations understand and take into account - read more.

Under a share participation agreement in a new building

One of the most popular ways to improve housing conditions among recipients of maternity capital is to invest funds in shared construction . At the same time, the owner of the certificate at the time of concluding an equity participation agreement (SPA) must have the amount necessary to pay the cost of the agreement, with the exception of funds provided by the Pension Fund.

Since such an agreement is included in the list of documents accepted by the Pension Fund of Russia along with the application as a basis for payment of family capital funds, the owner of the certificate or his spouse can use the funds to pay off obligations under the shared construction agreement if several conditions are met:

the construction project is 70 percent or more complete;
The developer's charter provides for the use of family capital.

The right of citizens to invest their savings in housing under construction is established by the provisions of Federal Law No. 214-FZ of December 30, 2004 “On participation in shared-equity construction of apartment buildings and other real estate.”

itself will proceed as follows:

selection and reservation of residential premises (with notification to the seller that part of the cost will be repaid from the family capital);
preparation of a share participation agreement, indicating payment by installments, because Pension Fund funds will be transferred no earlier than in 2 months;
registration of the DDU signed by the parties in Rosreestr;
payment of obligations under the DDU occurs in several stages : depositing the buyer’s personal savings into the developer’s account;
submitting an application for disposal of maternal capital, attaching a package of necessary documents;
After approval by the Pension Fund, the funds will be transferred to the developer’s bank account specified in the application within 2 months.

The full list of documents required to confirm to the Pension Fund the fact of the applicant’s participation in shared-equity construction is specified in paragraph 9 of Resolution No. 862.

to direct maternity capital funds to pay the cost of an unfinished construction project purchased from another shareholder (despite the fact that all rights and obligations pass to the buyer).
The legislation establishes that such a transaction is possible by concluding an agreement on the assignment of the right of claim , but such an agreement is not in the list of mandatory documents of the Pension Fund. The only solution to the problem would be to simultaneously terminate the old one and conclude a new one.

How to spend funds from MK

Purchasing a home means that after the purchase, ownership will pass from the seller to the buyer. The state provides several options for how exactly you can purchase real estate for MK. So which options are allowed and most effective?

For up to 3 years, funds can only be spent if mortgage lending transactions are carried out.
If you want to participate in shared construction, or spend the certificate on a regular transaction, then you need to wait until the child’s 3rd birthday .

What documents need to be collected?

An application for a maternity capital certificate is submitted to the Pension Fund branch at the place of residence. Required documents: passport and birth certificate of the applicant, birth certificate of children, marriage certificate, SNILS of the applicant and children.

The basic list of documents to obtain a certificate is as follows:

statement;
passport of a citizen of the Russian Federation;
birth certificates of all children (for adopted children - adoption certificates);
documents confirming the Russian citizenship of a child (children) born or adopted after January 1, 2007: a birth certificate indicating the citizenship of his parents or a stamp from the passport and visa service about the citizenship of the child, an insert in the child’s birth certificate, if received until February 7, 2007;
documents proving the identity, place of residence and powers of the legal representative or authorized representative.

There is no time limit for applying to the PRF. The decision to issue a certificate is made within a month.

Maternity capital is not subject to personal income tax.

In order to use maternal capital, you need to submit an application for disposal of maternal capital to the Pension Fund along with other documents (certificate, SNILS, passport, etc.).

The general package of documents is as follows:

a written statement from a citizen who has received a certificate regarding the disposal of funds (part of the funds) of the MSC. The application form can be obtained from the territorial body of the Russian Pension Fund or downloaded from the Pension Fund website;
certificate for maternity (family) capital or its duplicate;
identification documents, place of residence (stay) of the person who received the certificate;
insurance certificate of compulsory pension insurance of the person who received the certificate;
Marriage certificate.

You also need to prepare an obligation to register an apartment or house as the common property of all family members, determining the size of shares.

The set of other documents depends on what you plan to use the maternity capital funds for. For example, if you are going to buy an apartment in a new building under the DDU, you will need

a copy of the agreement for participation in shared construction, which has passed state registration in the prescribed manner;
a document containing information about the amount contributed to pay the price of the agreement for participation in shared construction, and about the remaining unpaid amount under the agreement.

Complete lists of documents can be found on the Pension Fund website. Transfer of funds to the recipient's account occurs within 40 days from the date of submission of documents.

Certificate use up to 3 years

The state program offers only one option for using funds from the MK to improve housing conditions if the child is under 3 years old. And this is the purchase of housing with a mortgage, or a targeted loan.

Options for using funds before the specified date:

making a down payment on a mortgage loan;
payment of interest and principal.

There are some nuances here:

You cannot use MK if you need to pay penalties.
Your relatives can act as co-borrowers on the mortgage .

And of course, the loan agreement must specify the purpose for which you are applying for a mortgage. Otherwise, the Pension Fund will not allow you to use funds from maternity capital.

If the loan agreement specifies a consumer loan and not a mortgage, or a purpose other than the purchase of a home is specified, then reimbursement of funds through the Pension Fund will not be possible.

What kind of real estate can be bought with MSK funds?

Maternity capital is intended to improve living conditions, so not all real estate can be purchased with these funds.

The property must comply with sanitary and technical standards. The apartment must be a separate isolated room that is suitable for permanent residence. Read about buying an apartment on MK here.

The basic requirements for purchased housing are as follows:

The room should not be located in the basement or on the ground floor.
Heating systems must properly and evenly heat the air throughout the entire heating period.
Rooms and kitchens should have natural light coming through windows.
Hot and domestic drinking water supply systems, drains, and sewerage systems are required.
In areas where there are no centralized engineering systems, you can buy housing in one- or two-story houses equipped with unsewered latrines.

When purchasing a house, it must be detached and have basic structures : walls, roof, foundation, have no more than three floors and be intended for a single family (you can learn about buying a house on MK here).

Also, the object must be located in the Russian Federation , on land intended for construction. Buying a dacha on MSK is almost impossible.

The subject of the transaction cannot be an object from emergency and dilapidated stock, which has been declared unfit for habitation in the prescribed manner.

Contract of sale

When working with MK, a contract is usually concluded, but it must include a deferred payment. The following points must also be included in the paper:

Personal money, which constitutes only part of the payment, must be transferred to the seller before the contract is drawn up , as evidenced by a receipt .
Funds from MK are transferred later - as a rule, the Pension Fund makes the transfer within two months .
It is separately stipulated that the housing remains with the seller until the buyer finally pays him off. Or the property remains pledged until full payment is made.

For the buyer, that is, the owner of the certificate, there are some risks - for example, if the fund refuses to issue a certificate, then the funds that need to be given to the seller will have to be contributed from their own funds, or the contract will be terminated altogether.

If the purchase of property does not involve the use of a loan, then the sequence will look like this:

First, an agreement is concluded and, at the discretion of the seller and the certificate owner, the first part of personal funds is transferred or not transferred. At the same time, the contract states that the real estate is pledged .
A certificate of title is issued , where the entry “pledge by force of law” is left.
A full calculation is carried out, together with the MK from the Pension Fund.
Next, you need to put your signature on the transfer deed . Until the signature is signed, neither party to the transaction will be able to dispose of the property.
The act should be submitted to Rosreestr, where the seller will inform that he is removing the pledge from the property, and the buyer will finally be able to receive it for personal use.

In reality, due to the fact that not every seller is ready to wait for funds from the Pension Fund to be transferred, the procedure occurs somewhat differently. To do this, a targeted loan is issued in order to immediately transfer funds to the seller, and only then the debt to the bank is repaid from MK’s money.

How to use money to buy an apartment

To make such a purchase, you must first find the seller and obtain his consent to the transaction, contact the local branch of the Pension Fund and obtain permission to use MSC.

The application is not approved immediately. Fund employees evaluate the status of the property and check the legal purity of the transaction. This takes about 1-3 months.

If the object does not meet certain requirements, then the transfer may be refused. Then you will have to look for other ways to pay the home seller, terminate the contract, or try to appeal this decision in court.

Let's look at these stages in more detail. The main difficulty is finding a seller who will not mind receiving part of the price through MSK even after a few months.

Here you need to either negotiate, or take out a loan, pay him off at his expense, and then repay it at the expense of the family capital. You can find out whether it is possible to repay the loan using maternity capital funds here.

Next you need to get approval from the Pension Fund . Without this, the transaction will not be considered legal.

The following documents must be submitted along with the application:

Spouses' passports.
Birth certificates for each of the babies.
Certificate for maternal capital.
SNILS of its owner.
A copy of the mortgage or purchase agreement.
A notarized obligation to allocate shares to family members within six months, if they are not allocated immediately.
Bank statement about the amount of debt (if a loan is taken out).
The number of the current account to which funds should be transferred.
Confirmation of adoption (if the right to maternal capital appeared with the adopted child).

When purchasing with a mortgage, the borrower's life insurance and a mortgage on the home are required.

The contract must specify all calculations and indicate what part of the payment will be made later from maternal capital resources. Possible compensation is also stipulated if the conditions are not met by the buyer.

It should be taken into account that until the full amount is paid, the housing will be held as collateral by the seller. By repaying the debt, family members become full owners of the property.

Now a little about buying real estate specifically on the secondary market . Many people prefer this option, since the prices in this case are lower and it is easier to complete the transaction.

However, it will be more difficult to find a seller who agrees to a deal involving MSC.

It often happens that the seller does not want to pay tax on the sale, so the contract is concluded for an amount of less than a million rubles, and the balance is provided against receipt, and does not appear anywhere else.

But you can’t do that with maternity capital. The timing of the transaction also plays a role, since not everyone wants to wait for the Pension Fund to make a decision on the disposal of finances.

Requirements for real estate on the secondary market are standard . It must be located in the Russian Federation, must not be dilapidated, unsafe, requiring major repairs, and must have an area that will be sufficient for the whole family to live on it.

To assess these criteria, Pension Fund employees go to inspect the facility.

If certain inconsistencies are detected, the MSC's order may be denied.

Credit is the most common method . This will speed up the process of transferring federal funds to the bank account. But the transaction is also checked for purity.

Procedure:

You need to find a bank that offers the appropriate program and enter into an agreement with it.
An application is submitted to the Pension Fund.
Upon receipt of approval, the funds are transferred to the bank account, and the family and its members become home owners.
Until the mortgage is paid in full, the property will be pledged to the banking institution and cannot be sold, donated or exchanged.

If you are expecting the birth of your second child and the topic of maternity capital is relevant to you, then you will find all the necessary information that will help in obtaining and using these funds on our website:
Procedure for registration and receipt.
Who is entitled to payments?
List of required documents.
Is it given at birth for twins or for a third child?
How is it divided during a divorce?

Share participation in construction

To purchase housing at a low cost, a family often decides to participate in shared construction. Therefore, many are interested in whether it is possible to use funds from MK for these purposes.

The state does allow the use of maternity capital “for construction”, but with some reservations:

So, the house must be ready for at least 70%.
The developer's charter must allow the use of funds from the MK .

By the time the agreement is drawn up, the owner of the microcompany should already have funds to repay the debt, with the exception of those that he plans to receive from the Pension Fund. The process itself will look like this:

First, you need to book the housing you like (at the same time, the manager involved in the sale of the apartment must be warned that part of the payments will be made from funds from maternity capital).
Next, an agreement is prepared, which states that payments will be made in installments, and funds from MK will arrive in approximately 2 months.
Subsequently, payment is made for the obligations of the contract.
After this, the funds that are yours are deposited.
Only after you have deposited personal funds can you contact the Pension Fund with a request to use the certificate.
If the Pension Fund approves your application, the funds are transferred to the developer’s account.

Using installment payment when selling mat. capital for housing

Family capital is allowed to be used to purchase housing in installments only after the youngest child is three years old. Moreover, installment plan and deferment are different concepts. So, in the first case, the period exceeds 2 months. Typically, such agreements are concluded when purchasing primary housing directly from the developer.

Installments will be provided according to the following rules:

First, a one-time down payment is made (at the stage of signing the agreement);
the unpaid remaining cost is divided into equal parts for the period;
satisfactory to both parties. The seller receives annuity payments according to the schedule compiled in this way.

Note! You can only agree on an installment plan with the real estate seller, and not with a credit institution. But until all funds are paid in full, a mortgage is issued. Since this is not a banking agreement, funds can be transferred to MK only after the youngest is three years old.

If we turn to the legislation of our country, we can conclude that a mortgage is an agreement in which one of the parties is the mortgagor (buyer of the property), and the other is the mortgagee (its seller). In this case, the lender of such a plan has an advantage over other lenders in the initial return of their funds.

This is why a mortgage is only a form of security for which the property being purchased is encumbered by the rights of the mortgage holder.

Cases of Pension Fund failures

There are situations when the Pension Fund has the right to refuse to provide funds under a state program. You need to know about such moments so as not to gratify either yourself or the seller with hopes.

Firstly, the property being purchased must be located on the territory of the country . If the property is located abroad, then it will not be paid. And of course, property purchased at MK expense should not look unsafe or unsuitable for living .

The funds will be transferred to the seller only after the owner of the certificate issues a document in Rosreestr, and the Pension Fund of the Russian Federation approves the application, having previously checked all the papers submitted by the citizen.

In fact, real estate is purchased in installments, since the seller either has to wait for money from the Pension Fund of the Russian Federation, or a loan is issued, the finances are given to the seller, and then the debt is repaid from the MK funds. Therefore, it is very important that the housing is suitable for living , since if it is not suitable, then the certificate holder will have to do without funds from the state program.

In order to protect the interests of children, fund employees sometimes go to the site of the purchased real estate. If it does not meet the requirements described above, you can forget about using the certificate.

Registration of the certificate

Matkapital is provided to families with 2 children (or more) born after 2007.

To receive it please contact:

· mother of children;

· father – if he is raising minors alone;

· adoptive parent;

· guardian (appointed by the court);

· the child himself, as soon as he goes through the process of establishing his legal capacity (allowed for 16-year-olds).

He needs to visit the Pension Fund, submit an application there and supplement it with a set of documents confirming the citizen’s right to receive money:

· citizen's passport;

· children's birth certificate;

· a certificate showing the composition of the family, documents relating to the first child.

Sometimes PF employees require additional papers. For example, an extract from the Unified State Register of Real Estate, confirming that citizens do not have their own real estate. After reviewing the application, the visitor receives a certificate.

Maternity capital cannot be taken in cash or cashed out. The person takes a personal paper confirming his right to use subsidized money.

Important! The subsidy is available only to citizens of the Russian Federation.

Apartment purchase

If you decide to buy an apartment on the primary or secondary market, then maternity capital is perfect for this.

Thus, MK can be used in a standard transaction. In this case, a purchase and sale agreement is drawn up, in which, if necessary, installment plans can be negotiated.
The certificate can also be used for shared construction. Then a contract is drawn up in the same way, but only if the house has already been built at least 70%.
You can also buy residential property that is currently being built in a cooperative.

A certificate for up to 3 years can be used only if you are ready to purchase property on a loan or on credit. Then the funds from the Pension Fund will be immediately transferred to the bank account. If the property is purchased with your personal funds, then you will need to wait until the due date.

Conditions for purchasing an apartment using maternity capital

When purchasing a home using maternal capital, a number of conditions must be met:

an apartment can only be purchased as a whole; purchasing a share of the housing is not allowed (buying out a share is possible only if, as a result of the transaction, the entire apartment becomes the property of the family that bought the share);
the purchased apartment or house must be in a condition suitable for permanent residence (it is prohibited to enter into a transaction to purchase an apartment if the building is in disrepair or dilapidated condition, as well as in a situation where its demolition is planned);
residential premises must meet established standards for sanitary and hygienic conditions;
when purchasing housing, the construction of which has not yet been completed, at the time of the transaction, construction work must be completed at least 70%;
it is possible to purchase housing using funds allocated by the state exclusively on the territory of Russia;
It is not allowed to purchase real estate from a close relative (if he belongs to the first degree of relationship);
all transactions with funds related to the purchase and sale of housing can only be carried out using non-cash methods;
after purchasing an apartment, parents are responsible for allocating shares to their children in the purchased residential premises (the shares of each family member must have an equal area);
at the time of purchasing an apartment, the child, after whose birth the family has the right to receive a certificate, must be 3 years old (this rule does not apply if the living space is purchased with a mortgage);
the purchase and sale agreement for a new home must already be registered at the time the parents apply to the Pension Fund for funds.

Based on the last condition in the list, many parents wonder why it is needed, so let’s look at it in more detail. This requirement was established by the state in order to ensure control over the listed finances.

A number of requirements for purchasing an apartment using maternity capital

Thus, purchased housing can be checked by representatives of the Pension Fund of the Russian Federation in order to determine whether it is truly suitable for permanent residence. If it turns out that the premises are in disrepair, the transfer of funds to the parents will be denied.

With maternity capital you can purchase not only an apartment or a private house as a whole, but also a separate room in a communal apartment or house. Here the legislator clarifies that this should be a separate room, and not a share of the living space. This room should not be in a dormitory.

Thus, the legislation establishes a number of requirements for the purchase of an apartment using maternity capital, compliance with which is necessary primarily to protect the rights and legitimate interests of children, as well as to prevent the misuse or illegal use of funds allocated by the state to help the family.

Buying a house

Important! The Pension Fund of Russia, informed about the frauds carried out with the help of MK, does not allow the purchase of a dilapidated house in the wilderness at an excessively high cost - thus, the degree of deterioration of the property should not exceed 50%.

If you dream of buying a house somewhere in the countryside and escaping from the big city, then the funds from the certificate will be perfect for you. It is important to consider that a house can be purchased with state program funds only after the child turns 3 years old . But purchasing such housing with a mortgage loan is quite difficult, since banking organizations are focused primarily on apartments.

When purchasing residential property through the State Program, it is important to consider the following nuances:

You can only buy a house in which you can actually live . A country hut with a small vegetable garden is not suitable for these purposes.
The plot where the house is located must be purchased with the citizen's money . In this case, two separate contracts are drawn up - both for the construction and for the land.

Additional Information

Read about buying a house with maternity capital in a separate article:

What are you allowed to spend maternity capital on?

Based on the legislation of our country, 4 different directions for the implementation of MK can be distinguished. Among them:

transfer of funds to the mother’s pension savings account,
teaching children,
purchasing goods and services for disabled people,
improvement of living conditions.

Note! According to existing statistics, we can conclude that about 95% of people who have decided to use MK funds want to use them specifically to purchase a new home. Therefore, let's talk in more detail about how to buy housing for a family with children using maternity capital .

The legislation of our country contains references to the fact that there are only six housing areas for which MK is used:

transfer of funds for the construction of individual housing construction on lands of the appropriate legal form,
sending money in the form of a down payment to one of the types of cooperatives,
payment of the cost of the agreement on participation in the development of a shared nature,
repayment of interest or principal debt, if you previously took out a bank loan for housing, maternity capital is allowed to be used, even if this loan was issued before the birth of the baby,
in the form of a down payment on a mortgage for the purchase of housing (this can also include the purchase of housing under an equity participation agreement),
full payment of money for the purchased housing based on the purchase and sale agreement.

Moreover, if the family decides to use the second or third method of using MK, they do not need to wait until the child is more than three years old.

In addition, parents who have the right to MK have the opportunity to delay the registration of its use in other areas for an unlimited period. For example, pay it to the university as tuition fees when the child grows up, buy him an apartment after he comes of age.

Buying a room

Unlike an apartment, with a room everything is much more complicated.

If the purchased room is isolated from the rest of the room, as well as from the entire home as a whole, then such a purchase can be made at the expense of MK. If you want to become the owner of a room in a one-room apartment, then such a transaction is not made at the expense of maternal capital. The entire apartment must be purchased.

You cannot buy a dorm room if it is not subject to alienation.

Additional Information

Read more here: “Purchasing a room using maternal capital.”

Agreement conditions

The parties must sign it notarially. In the presence and accompaniment of a lawyer.

The following points are reflected there:

1. Use of MK, its size and transfer (that the seller will receive a wire transfer).

2. What part of the cost is the buyer willing to pay by contributing his own savings.

3. Deadlines for completing the necessary documents with the Pension Fund to obtain approval.

It is worth warning the seller in advance about the need to wait 2 months for the transfer of MK.

Purchasing housing from relatives

The law states that transactions with relatives, as well as with third parties, are not prohibited by legislative acts. However, there are some important limitations:

You cannot purchase residential property from relatives just to cash out finances. Such transactions are punishable by law.
You can purchase residential property from any relatives, except legal spouses.
An agreement can be concluded if relatives, after the sale, renounce their share and lose their rights to it.

Despite the fact that such transactions are not prohibited by law, they are carefully checked by the Pension Fund. Therefore, certificate holders are unlikely to be able to circumvent the law in order to cash out funds.

Choosing an apartment

You need to discuss the details with the seller in advance. Typically, the transfer of subsidies takes 2 months. Not all sellers are happy with this expectation. After all, the Pension Fund needs to check the legality of the transaction, study the documents and characteristics of the apartment. If the property has encumbrances, the purchase will most likely be refused.

It is important to collect all the necessary documents and submit them in a timely manner. Supplement the set at the request of PF employees. This will reduce the waiting period.

The family can:

· use offers from the secondary market (purchase housing from ordinary citizens - owners);

· become a shareholder in a new building;

· contribute money to a housing cooperative.

The amount of capital does not allow them to cover 100% of the property price. 453,026 rubles is not much, it will be enough for 20-30 or 50%, forming a down payment. You will have to pay the rest yourself . Use savings, help from relatives, or take out a mortgage.

The pension fund always studies the seller. If the family chose a new building, then the development company. The risk of losing funds must be eliminated. Therefore, the organization's documents will be requested. If the home seller is a private person, his status. Is he the rightful owner, are there any encumbrances on the property, debts.

Children's rights

The owner of maternity capital must register his children in the new housing and allocate equal shares to each of them . Moreover, this must be done immediately as soon as the property is purchased, or within six months after the encumbrance is removed from it.

Not only the child through whom the certificate was received is taken into account, but also all other children. Even those who were born after receiving the certificate and concluding a transaction for the purchase of real estate.

Buying secondary housing

The majority of citizens purchase real estate only in this market segment. In fact, this creates fewer difficulties during registration. In addition, it is more affordable in terms of price criteria. However, the main obstacle to concluding a deal may be the real estate seller. Transactions with maternity capital require maximum transparency. Therefore, some sellers avoid such transactions in order to avoid paying taxes.

The other side is the duration of the transaction. Sellers may not want to sell real estate when using maternity capital, since the transfer of funds in some cases takes more than two to three months. Therefore, it is necessary not only to agree in advance with the seller on all points of the transaction, but also to secure them in a written agreement.

Possibility of selling a home

Real estate purchased with part of the money from the MK, or fully paid for with a certificate, can be sold, but to do this you will have to contact the OOiP , that is, the social security service.

At the same time, you will have to prove that children’s rights are not infringed upon in any way when selling a home, and when buying a new home they will receive the same share, or even more. But not a smaller area.

Additional Information

Read more in the article “Sale of housing purchased with maternity capital funds.”

Registration when purchasing a finished apartment

The conditions for concluding such transactions are specified in Government Resolution No. 826. It is possible to draw up a contract in 2 options:

· regular (calculation is made immediately);

· with installments (the repayment schedule and the amount of payments are indicated).

The standard form of agreement is allowed when:

· MK funds will be enough to cover 100% of the cost of real estate;

· the family has savings, the addition of which will allow them to pay off in full.

How the installment mechanism is used:

· the buyer transfers part of the amount immediately (its amount is established by the parties);

· the balance is transferred in equal parts according to the schedule specified in the contract.

Before concluding an agreement, the parties to the transaction must discuss all the nuances. Of course, such transactions take longer, but payment is guaranteed, plus PF employees will check the cleanliness of the procedure , which will guarantee its completion.

Where to begin?

Before collecting documents, you should understand what exactly you want and how much money you will need .

If you have to attract bank money, then you should apply through a real estate agency. Then more banks will give you a positive result, and you will be able to choose where the lending conditions are the most attractive.

Moreover, it is worth finding out in advance which branch of the Pension Fund you plan to contact. If you know where you are going, you will be able to prepare documents the first time, according to the sample of this department.

Then you need to register the obligation with a notary. Some offices work by appointment. Therefore, it is recommended to call several offices to know the prices and make an appointment if this is a necessary condition.

An extract from the Unified State Register can be ordered directly from Rosreestr or on the website . If the order is made online, the cost of the service will be only 150 rubles. But you will be provided with a document with a black seal, just like the copy. It is important to clarify in advance with the Pension Fund whether such an extract from the Unified State Register can be used or whether the original is needed.

Step-by-step instructions for purchasing a home with mat capital are presented in the video.

Payment of a down payment on a mortgage using MSK

Paying a down payment when buying an apartment with a mortgage using maternity capital is a good help for a young family. To take advantage of this opportunity, the fund manager must contact the Pension Fund of Russia with the list of documents given in the previous section.

In addition, when drawing up a loan agreement at a bank, you will need to present the original certificate for receiving maternity capital, as well as a certificate from the Pension Fund indicating the actual amount of social assistance at the time of issuance of the loan (valid for 2 months).

Can the Pension Fund refuse to transfer maternity capital?

Sometimes the Pension Fund makes a negative decision on a request for payment of MSC. This happens if government officials have any doubts about the terms of a real estate transaction or the property itself.

Official reasons for a pension fund’s refusal to transfer maternity capital may include:

the location of the apartment in a dilapidated, dilapidated building;
poor condition of housing;
termination of rights to social assistance in relation to the applicant;
the applicant is deprived or limited in parental rights;
the procedure for submitting an application for the transfer of MSK was violated;
the application indicates an incorrect way of using state aid;
the application indicates an amount exceeding the monetary “limit” of the certificate.

If the owner of the certificate believes that the decision of the Pension Fund of the Russian Federation violates his rights under the law, he has the right to appeal it in court. If the outcome of the case is unfavorable (the court did not satisfy the plaintiff’s request), the apartment purchase and sale agreement can be terminated. It is better to pre-register such nuances in the contract so that there are no conflicts with either party. Or you can pay for the purchase in full yourself (alternatively, take out a mortgage without paying for MSK).

Detailed consultations with specialists - PF employees, experienced realtors, and lawyers - will help you avoid problems when buying an apartment with the help of the state.

It is also worth considering the fact that selling an apartment purchased for MSK will not be so easy - you will need permission from the Pension Fund, which, in order to protect the interests of minor children, may not give it.