In what cases can maternity capital be used to buy an apartment? When can you use maternity capital? What can you spend maternity capital on? When can you spend mat capital?

Many families were able to significantly improve their living conditions thanks to maternal capital. When the program was first introduced, the money received was allowed to be used to repay a loan taken to buy an apartment or build a house. After recent changes in the law (from 2016 and 2018), funds were allowed to be used as a down payment when purchasing a home with a mortgage. At the same time, all the previous possibilities of capital have been preserved: it can still be spent on paying off “apartment” loans, paying for education, living in a hostel, and so on. A more detailed list can be found on the Pension Fund website.

Major changes in 2016 and 2018

According to the latest decision of State Duma deputies, the program will operate at least until 2023. It is recognized as an effective means of supporting families. The amount of capital remained the same - 453 thousand 26 rubles. In 2018, it will not be indexed, but in the following years the deputies promised to return to the issue of indexation, and it is possible that the amount of capital will increase further.

Is it possible to use maternity capital to buy a home before the child turns 3 years old?

You can use the money after the child grows up a little and turns three years old, but this does not apply to cases where the funds are needed to repay “apartment” loans. In this case, the certificate can be used at any time. The main changes in 2016 include the fact that now funds, without waiting for the child to turn three years old, can be spent as a down payment when buying a home with a mortgage.

By the way, it doesn’t matter when the loan was issued, before the birth of the second child or after that. It makes no difference to whom it is registered - the mother or the father. The only important condition that applies to both mortgages, loans, and the construction and reconstruction of a house is housing must be registered in the name of both parents and children. If the housing does not yet have such documents, then the family must provide an undertaking certified by a notary that in the future this will be done with the area: it will be registered for everyone.

The new provisions of the law also allow money to be spent on the adaptation of children with disabilities into society, which was not provided for in previous amendments to the law.

Funds can be used in parts or in full at once.

New conditions for maternity capital in 2018

Since 2018, maternity capital is allowed to be used for:

Improving the family’s living conditions: purchasing new housing, renovations;
Educating a child in an educational institution or kindergarten.
Adaptation and social integration of disabled children.
Mother's funded pension.

Housing purchase options

How to use maternity capital funds to build a house?

According to the law, you can use the money to build a house or reconstruct an existing one. Repair by reconstruction does not mean, in this case we are talking about increasing the area of an apartment or house so that all family members can accommodate it. If all requirements are met and there are documents confirming the construction work and its legality, the family will first be given 50 percent of the required amount (approximately 225 thousand rubles). After six months, it will be possible to receive the remaining part, again only after providing documents confirming that the work is ongoing or has already been completed.

Can maternity capital be used to repay a loan?

There are three ways to take advantage of government support for the purchase of ready-made housing:

Pay the body of the loan. As practice shows, this is exactly what is done in most cases. This can be quite a profitable investment, because subsequently the borrower will have to pay less interest accrued on the remaining debt.
You can also lower your monthly payment by using the funds as interest-only payments. In most cases, this option is more beneficial to the bank, although at the same time it significantly relieves the burden on the payer.
Using funds as a down payment on a mortgage. While this is a new way of using funds, many certificate holders have already used them this way. It is worth considering that not all organizations that provide the opportunity to purchase an apartment with a mortgage agree to this option (among those who agree are Sberbank, Rosselkhozbank, AK BARS and a number of other banks). More often than not, banks are willing to accept capital as a supplement to the down payment. All this is due to the fact that institutions doubt the solvency of clients. Gradually the picture is changing. However, the conditions under which financial organizations operate are not always beneficial to young families, since they usually charge high interest rates in this case. At the same time, there is a mortgage with government support. Under the subsidized program, interest rates are within 12 percent. However, it is necessary to take into account that when a family applies for a mortgage with state support, the down payment for the purchase of an apartment is set by banks at no less than 20 percent of the total amount. With the current amount of maternity capital, there is enough money to buy housing, which costs no more than two million two hundred and sixty thousand rubles. While in some regions of Russia you can buy decent housing for this amount, in the capital it is simply impossible to find such prices today.

The procedure for purchasing housing using maternity capital

To use the funds, you need to provide the bank with a passport, a certificate for receiving capital and a statement of readiness to repay part of the debt early or in full. After processing the data, the bank issues a special certificate containing all information about the loan. You also need to take a document from the bank confirming ownership and a purchase and sale agreement.

Then you need to contact the Pension Fund branch to obtain approval to transfer funds using the certificate to the bank. You will need the following documents (originals and copies):

maternity capital certificate;
passport;
SNILS;
a certificate from the bank about the amount of debt, as well as a purchase and sale agreement and a document confirming the loan;
certificate of ownership of the purchased housing;
an obligation, notarized, to register housing as the property of parents and children;
statement of desire to use money to repay the loan.

For assistance in drawing up the above obligation, you can contact our duty lawyer online.

In return, the Pension Fund is required to issue a receipt confirming that the documents were received on such and such a date. According to the regulations, the Pension Fund can make a decision on approval and send funds to the bank within one month. If the decision is positive, a confirmation is sent to the address of the applicant, with which he again needs to go to the bank. All banks are required by law to accept capital as payment of debt. Only some of them accept this money solely to reduce the amount of the loan, while others also agree to repay interest; here you need to find out in each individual case separately in your institution.

The fund usually sends funds within two months, after which the bank confirms the payment and introduces the borrower to the new lending conditions.

It is important to note that many banks require that within a month after the Fund makes a positive decision, they are notified of this by providing a certificate.

Don't forget that citizens have the right to receive a tax deduction: if a person repays the debt on time, he can return thirteen percent of the entire amount paid, and if he repays it ahead of schedule, he is also entitled to a refund of the insurance amount. Fines and penalties on a mortgage loan are not repaid.

What to do in case of refusal?

If the Pension Fund refused to transfer maternity capital money to the bank, you should find out the reason: perhaps not all documents were collected or errors were made in the application. However, if the reasons seem far-fetched to a person, he has the right to seek protection from the judicial authorities.

Maternity capital as a down payment

In principle, the procedure if a family wants to contribute maternity capital funds as the initial amount for a mortgage loan is the same as described above. First you need to obtain documents from the bank (the client provides a copy of the certificate on the basis of which the bank agrees or not to conclude a mortgage and sale agreement), and then contact the Pension Fund.

However, it should be taken into account that if at least part of the capital has already been spent on other needs, at least one ruble, the balance can no longer be used as a down payment, but it will still be suitable for repaying an existing loan.

If you have any questions about purchasing housing using maternity capital, or you need help in drawing up applications, then our online lawyer on duty is ready to help you promptly.

Maternity capital for the purchase of an apartment

Maternity capital can be used to purchase housing in several ways:

. A special feature of this method of improving living conditions is the payment of the agreed amount of contribution for the purchase of apartments in multi-storey buildings under construction.
Pay the entry fee to a housing cooperative. A feature of this method is that, in addition to the MK, you also have the missing amount of your own funds to purchase housing. After the entrance fee has been paid and the purchase and sale transaction has been completed, you should contact the Pension Fund to receive an MK. The Pension Fund will transfer funds to the developer within five days after the application.
. The main advantage of this method is the opportunity to receive funds to pay the mortgage immediately after the birth of the child. The received MK can be used in two ways: to pay the entire amount and interest on the loan or only the initial amount of the entrance fee.
. The easiest way to buy a home. To complete it, you just need to select a housing property, contact the Pension Fund of the Russian Federation with the necessary documents, determine the size of the monthly rent, wait for the funds to be credited to the applicant’s account (or directly to the seller’s account), cash out the money and pay the required amount to the home seller.
Pay the amount and interest on the targeted loan taken. The main condition of this method is the current requirement of the Pension Fund of the Russian Federation for the mandatory registration of the purchased apartment in the name of all family members.

Maternity capital for buying a house

There are several conditions that a house purchased with MK funds must meet:

The building must be suitable for year-round use. The house must be connected to electricity and a plumbing system (with drinking water). A heating system is required.
The building must be documented as residential. The building is being constructed permanently - the walls and foundation are built in accordance with safety standards and SNiPs.
The building should not have more than 3 floors.
The house must be located on a plot of land that is intended for individual housing construction and is located in a populated area.

To use maternity capital for the purchase of housing(at home) you will need to submit the following documentation to the Pension Fund:

a copy of the house purchase agreement (the option of purchasing the building in installments is possible);
a copy of a certificate confirming the ownership of the house of the owner of the certificate for MK;
a certificate issued by the seller of the house, which indicates the amount of the unpaid amount under the purchase and sale transaction;
a certificate certified by a notary, which obliges the buyer to register the house in the possession of all members of the family within six months after the Pension Fund of the Russian Federation transfers the required amount of funds to the seller.

Maternity capital for the purchase of part of a residential premises (share/room)

There are several rules that allow the acquisition of a share of a home using maternal funds:

acquisition of one or several rooms in one residential premises, if the share of housing is an isolated premises;
purchasing a share of an apartment leads to the complete transfer of the entire home into the ownership of the buyer.

To allocate a room from shared ownership of an apartment, an agreement will need to be concluded between all homeowners. The document is drawn up in writing. To conclude it, you should contact a notary office. If one of the co-owners refuses to sign the agreement, then it will be necessary to go to court with a statement of claim to terminate the applicant’s share in the shared right and recognize his rights to own a specific room.

Conclusion

To conclude this article, there are a few key points to highlight:

A home purchased at the expense of MK funds must be registered in the possession of all members of one family (children and parents).
You can buy housing from strangers and relatives.
If you purchase housing through a targeted loan or mortgage, this will allow you to use the mortgage loan before the child turns three years old.
You can purchase both new and secondary housing using MK funds.

The most popular questions and answers regarding the use of maternity capital to purchase housing

Question: Hello. My name is Marina. I'm married. We live with our parents in their apartment. A third child was born in our family, and my husband and I decided to receive maternity funds to buy a small house. We found a good option in our village. They chose my aunt's empty house. We finalized a deal to buy a house and paid my aunt part of the required amount. Then we turned to the Pension Fund and received the missing amount of MK. A week later, after the seller had been paid the full amount for the house, the husband was offered a highly paid position in a neighboring village. Therefore, we will need to change our place of residence (move to another city). I have a question, can we terminate the concluded deal to purchase a house due to unforeseen circumstances?

Answer: Marina, you can terminate the contract in two ways. The first way is to negotiate a termination agreement with the former owner of the house (your aunt). If she does not want to terminate the deal, then you have the right to go to court, since you have unforeseen circumstances, knowing which you would not have entered into the agreement ().

Since 2007, to improve the demographic situation in Russia, the Maternity Capital project was launched. All families with more than one minor child are allowed to participate, regardless of whether they are natural or adopted. Budget money is used exclusively for the purposes specified in the legislation.

Maternity capital is monetary support from the state budget, which is directed strictly to established goals in accordance with Federal Law No. 256 dated December 29, 2006. IN Article 3 This law specifies all citizens who have grounds for obtaining state support. These include:

mother whose 2nd or subsequent children were born after 01/01/2007;
mother who has registered adoption for the 2nd or next child (the date of recognition by the court must be determined after 01/01/2007);
the father is considered a single parent or adoptive parent of the second, as well as the next child born after 01/01/2007. Such a right is acquired only after the mother loses parental rights or due to her death.
minor children when their parents are deprived of their rights or due to death;
an adult child under 23 years of age studying full-time, in the absence of parents.

The basis for registration of maternity capital is the date of birth of the 2nd or next baby. It can be used at any time. There are no deadlines for submitting an application.

How to get family capital?

Before using state budget funds, you must issue a personal certificate. Only the citizen who is listed in the certificate can use money provided by the state.

To issue a certificate you need:

Step 1. Apply. You can do this in any of the following ways:

personal visit to the nearest branch of the Pension Fund of the Russian Federation at your place of residence;
visit to any branch of the MFC;
online application on the State Services portal;
electronic application on the portal of the Pension Fund of the Russian Federation.

Step 2. Collect documentation. The following documents should be provided to the division of the Pension Fund of the Russian Federation:

the applicant’s PF passport;
SNILS;
birth documents of children;
paper confirming the child’s citizenship (only if the father or mother are not citizens of the Russian Federation);
court ruling on adoption (only for adopted children);
a document confirming the death of the mother or a ruling from a judicial authority on the loss of parental rights (if the certificate is issued by the father).

Step 3. Wait for a decision on your application. The conclusion on the issuance of a document for maternity capital is accepted within a month.

Step 4. Get a certificate. It is issued by a division of the Pension Fund of the Russian Federation and is provided in the form of a regular paper document. For advanced citizens, the certificate is issued in electronic form, which has enhanced protection.

After the document is issued, you can consider the directions for using budget funds provided to families with children.

Important! The certificate is issued once, regardless of the number of babies born to the family in the future.

Amount of maternity capital

When developing the Maternity Capital project, families were provided with an amount from the state - 250 thousand rubles. For almost 10 years it was indexed relative to inflation. Since 2015, due to the crisis, the amount of family capital has remained at the same level - 453,026 rubles. According to forecasts, the amount of state aid will not increase until 2020.

Changes made to the program

At the initial stages of the implementation of the Maternity Capital project, funds were allowed to be used only 3 years after the birth of the second baby. Moreover, money was used exclusively in the form of non-cash payments. During the life of the project, it was refined.

According to Article 7, paragraph 6.1 of Federal Law No. 256 family capital is applied until the child turns 3 years old for the specified purposes:

repayment of the down payment for the purchase of housing;
payment of debt obligations to make the principal payment and accrual of interest on housing loans or mortgages;
payment of loans received to organize the construction or purchase of a house;
receiving goods or paying for services for rehabilitation purposes for children with disabilities;
payment of fees for preschool institutions;
monthly transfers for children born after 01/01/2018.

Certain changes were made in 2017 and 2018.

Reform in 2017

The program was designed for 10 years and was supposed to be completed by December 2016. Due to its popularity, the Russian Government decided to extend the program for another 2 years ().

The goals for spending maternity capital have been finalized. Since 2016, there have been four of them. Funds were allowed to be sent to:

To expand housing conditions.
On the educational process of any of the children.
To replenish the mother’s pension, its funded part: this direction cannot be used when issuing a certificate for the father.
For the rehabilitation of children with disabilities.

Reform in 2018

Changes were made to the Maternity Capital program. It was extended until 31/12/2021. A new use of budget funds has emerged - payments every month for families in need. This direction allows you to receive family capital in cash.

For monthly cash transfers, the following conditions must be met:

The family must have a second or subsequent baby after 01/01/2018.
The family must be recognized as in need of help: for each person, including all minor children, there must be less than 1.5 times the subsistence level. Regional authorities set the size of this indicator independently.

It is allowed to use the products after issuing a certificate. Therefore, in this case, it is worth filling out 2 applications at the same time: for issuing a certificate and for transferring funds to the mother’s card.

Important! Funds will be transferred only within 1 year. Next, you will have to fill out all the documents to receive them again. Money is provided until the child is 1.5 years old. The amount paid for a certain period is minus the subsequent use of family capital.

Video - How to manage maternity capital to improve living conditions

Housing direction of application of family capital

The area that has received the most development is improving the quality of living. There are several options for applying this issue in practice.

Buying a home

The acquisition of finished residential real estate is carried out according to the following algorithm:

Search for suitable real estate.
Concluding a contract with the seller for the purchase of housing with deferred payment.
Filling out an application to the Pension Fund of the Russian Federation to transfer money to the seller’s account.
If there is insufficient maternity capital funds, the buyer pays off the missing amount from his own savings.
The family capital is credited to the seller after a 2-month period.

Acquisition of a share

It is allowed to purchase a share in an apartment or house only in 2 cases:

You can only buy a room if it is isolated.
Buying a room in a large apartment is encouraged, after which the buyer becomes the sole owner of this home.

The purchased housing must be suitable for permanent residence. All communications are carried out there.

The Pension Fund of the Russian Federation may refuse to transfer funds to maternity capital if the acquired shared property is a passage room in an apartment or house. It is not allowed to buy a room in a one-room apartment or dormitory.

Important! Even when purchasing a room, when registering it as property, it is required to allocate shares to all family members.

Registration of a mortgage

Maternity capital is allowed to be used to purchase housing with a mortgage. State funds can be used:

for payment of the initial contribution;
to contribute amounts to offset the principal debt;
to pay off interest.

Moreover, since 2015, it is allowed to use money in this direction, without waiting for the child who is the reason for issuing the certificate to turn 3 years old.

Home construction

Maternity capital is allowed to be used to improve living conditions. If construction pursues these goals, then the use of budget money is quite legitimate. It is impossible to build a house from scratch for 453 thousand rubles, but it is possible to carry out a reconstruction in which the area will be increased.

It is required to complete all documentation correctly and in a timely manner in order to then present it to the Pension Fund of the Russian Federation. Certain conditions must be met:

The house must be located on Russian territory.
The plot on which the construction is taking place must belong to a family with maternal capital. It can also be used free of charge or on long-term lease.
The land must have a type of use - individual housing construction.
After completion of construction, the area where the family will live must satisfy the following condition - at least 18 m² for each resident.

Before starting construction, you need to collect the following documents:

certificate for maternal capital;
papers on the ground;
marriage document;
Russian passport of the applicant;
construction contract (if a construction team is involved).

Important! When organizing construction on your own, money in the amount of 50% is initially transferred from the Pension Fund of the Russian Federation to the account of the certificate holder. After six months, the balance is transferred. If construction is carried out by a team, then after concluding a contract, money is transferred to the account of this team.

Video -Maternity capital since 2018

Targeted loan for maternity capital

A targeted loan is issued strictly for a specific use of budget money. You can receive funds for the following purposes using maternity capital:

to purchase a share of housing or purchase an entire property;
independent construction of a residential building.

For what purposes maternity capital cannot be used in 2018

In 2018, as in previous years, budget funds cannot be spent for the following purposes:

Matcapital for buying a car

The issue of buying a car with budget money has been discussed for a long time. It was proposed to accept this direction subject to the following conditions:

After its purchase, the car must be registered as shared ownership.
Prohibition on resale of purchased cars for a long time.
The car must be produced by Russian manufacturers and only be new.

This legislation was not adopted. Therefore, a car cannot be purchased with public funds.

Consumer loan

Consumer loans are provided to citizens to purchase various items that satisfy consumer purposes. Obtaining such a loan secured by maternal capital will not work. This proposal is illegal, as it contradicts Federal Law No. 256.

Renovating an existing apartment

The Resolution clearly states that when carrying out construction work on an existing premises, family capital funds may only be used if the premises become larger after these works.

Buying land

You cannot buy a plot of land with public funds, even if it is intended for the construction of a residential building.

Repayment of any penalties

Regional family capital

In addition to the allotted amount from the federal budget, which is the same for everyone, each region additionally establishes transfers for families with children. In many regions, funds from the local budget are provided only when the 3rd or 4th child is born.

The use of financial assistance in the regions is somewhat wider. Money can be used for the following purposes:

expansion of living conditions;
purchase of a dacha (St. Petersburg, Sverdlovsk, Kalmykia);
educational services;
purchase of expensive equipment, including a car (Tver region, Sakha, Buryatia);
treatment (Kaliningrad, Kamchatka);
purchase of a garage, construction of a bathhouse (Nenets Autonomous Okrug);
receiving one-time payments.

Budget funds allocated to support families with children have a targeted use. It is not permitted to use them for other purposes. Since 2018, 5 main areas have been identified, among which it has become possible to cash out budget funds - monthly payments for babies born after 01/01/2018. There is no need to wait until the child turns 3 years old to use funds to improve housing, education and purchase goods for the rehabilitation of disabled children.

Most recipients of maternity capital use it to purchase housing. However, the use of maternity capital to purchase housing is replete with various nuances. The state strictly controls budget funds. Any violation of the established procedure may lead to liability for misuse of money.

Let’s look at how to complete a transaction correctly and what pitfalls await the certificate owner in 2019.

How to buy an apartment using maternity capital

You should approach the process of spending budget money carefully. It is advisable to obtain knowledge of the law or professional support. Maternity capital for the purchase of an apartment is sent by specialists from the Pension Fund of the Russian Federation (PF). This means that the entire process of buying an apartment through MK will be under their control.

There are conditions under which it is allowed to use funds to purchase housing. They are mandatory.

In particular, maternity capital can be used to purchase housing if:

during the transaction, the family receives full ownership of the property;
this circumstance arises for the first time (previously there was no owner of the apartment);
the residential premises are located on the territory of the Russian Federation;
it complies with sanitary standards;
the transaction is carried out in a form that does not contradict current legislation;
property is registered in the name of all family members, including:
- minors;
- certificate owner;
- other adults (there are exceptions).

Attention! To receive budget money, you must submit an application to the Pension Fund office for its disposal. The document indicates the purpose of spending.

Registration of the certificate

Before deciding how to buy an apartment with maternity capital, you need to issue a certificate for it. Additional support from the state is provided for the birth or adoption of the second and subsequent children born after 01/01/2007.

The following persons have the right to apply for a certificate:

baby's mother;
the father, if the only surviving parent;
adoptive parent;
guardian;
the child himself after establishing full legal capacity.

At the Pension Fund branch you will need to fill out an application and accompany it with documents proving your right to state support.

These, in particular, necessarily include the following:

identification of the applicant (passport);
confirming the fact of the birth of a child (birth certificate);
demonstrating its order (second or subsequent):
- certificate of family composition;
- documents of the first child (passport or birth certificate).

In some cases, additional paperwork may be required. After reviewing the documents, the applicant is issued a certificate. It is drawn up on a standard form and guarantees the right to receive finance from the state budget.

Important! A certificate for maternity capital (MK) is available only to citizens of the Russian Federation.

Algorithm of actions of the certificate owner

Purchasing an apartment under MK requires the preparation of additional documents. The buyer’s action algorithm can be described schematically as follows:

Choose a way to improve your living conditions.
Find an apartment that the owner agrees to sell using budget funds.
Draw up a purchase and sale agreement.
Register it with the Rosreestr authorities.
Contact the Pension Fund branch with an application for disposal of maternity capital funds.
Wait for the money to be transferred.
Remove the encumbrance from your home.

Important! The above algorithm is only suitable for transactions without the involvement of mortgage funds. If the purchase is made with the participation of a bank, then other subtleties appear.

Let's look at each step in more detail.

Choosing a suitable apartment

In fact, not every owner agrees to sell their home for budget money. You have to wait at least 2 months for them to arrive in your account.

In addition, documents undergo a thorough check, which citizens are often wary of.

Important! The allocation of funds for the purchase depends on the “purity” of the documents. For example, housing encumbered with third-party obligations will not be allowed to be purchased.

Thus, the family has several options for choosing an apartment:

on the secondary market;
equity participation in a new building;
contribution to a housing cooperative.

Attention! In 2019, a certificate is issued in the amount of 453,026 rubles. Without raising additional funds for MK, you can purchase property only in remote corners of the country.

Do you need information on this issue? and our lawyers will contact you shortly.

Registration of the purchase of a finished apartment

The terms of the transaction are described in paragraphs. 8 and 8.1 of government decree No. 826 dated December 12, 2007.

MK funds are allocated from the state budget provided that the child for whom the certificate was received is 3 years old.

The purchase and sale agreement can be drawn up in two ways:

ordinary;
with installments.

The standard form of agreement is used if:

MK funds are sufficient to cover the transaction amount;
the family has savings that are enough to pay for the purchase.

The installment plan is used as follows:

at the time of drawing up the contract, the buyer pays part of the amount (determined jointly with the seller);
the balance is paid in equal parts according to the schedule signed by the parties.

Download for viewing and printing:

Mandatory terms of the contract

The agreement between the parties is concluded by a notary. It reflects the following points:

use of MK funds, which are transferred non-cash to the seller’s account;
allocation of the share paid by the buyer from savings;
deadlines for processing documents for the order of the MK at the Pension Fund department.

Important! It is necessary to warn the seller that he will receive part of the funds at the earliest two months after the transaction.

Equity participation in a new building

Quite often, young families with children find it more profitable to purchase housing under construction. It usually has a lower price.

However, it should be remembered that purchasing an apartment through maternity capital is only possible if:

70% completion of the structure (or more);
the presence in the developer’s statutory documents of a clause on the use of budget money.

Attention! The rules for investing funds in housing construction are regulated by Federal Law No. 214-FZ dated December 30, 2004. Download for viewing and printing:

The sequence of investments in a new building

This transaction is possible if the family has additional money to contribute to the equity participation in the construction. In this case, the sequence of actions is as follows:

booking accommodation (be sure to notify the manager that you plan to use the certificate);
signing the relevant agreement (it is necessary to indicate the clause on installment payments);
registration of documents in Rosreestr;
depositing your own funds into the developer’s account;
contacting the Pension Fund branch with an application for disposal of MK money;
re-registration of documents in Rosreestr after transfer of budget funds to the developer.

Attention! The PF department should provide an agreement with the company engaged in the construction of the building, certificates of payments made and remaining payments.

The full list of documents is indicated in paragraph 9 of government decree No. 862 of December 12, 2007.

Participation in a housing cooperative

According to Article 11 of the Housing Code of the Russian Federation, citizens can jointly build and use apartment buildings. In particular, contributions to a housing cooperative are allowed to be made from MK funds.

To do this, you must provide the following documents to the Pension Fund office:

confirmation of membership in the target association of citizens (extract from the register of the cooperative);
official data on amounts:
- already entered;
- remaining unpaid;
a certified copy of the association's charter document.

Important! The board of the cooperative should be warned that the money will arrive with a certain delay.

How to use the certificate before your child's 3rd birthday

Current legislation limits the allocation of money from the budget to the age of the child for whom assistance is allocated.

But there are options when this rule is canceled. They are:

repayment of a mortgage loan, including:
first installment;
mortgage interest.

Important! It is prohibited to use budget money to pay off debt incurred as a result of penalties. MK is used only to pay the principal amount of the loan.

Purchasing an apartment from relatives

The law does not prohibit transactions between close relatives. In practice, there are a number of restrictions if budget funds are involved in the purchase and sale.

They boil down to the following:

spouses cannot purchase apartments from each other, however, they are allowed to make transactions with other relatives;
The state strictly controls recipients of cash money with a view to concluding imaginary contracts that have the following features:
- the conspiracy includes related persons;
- the procedure for using residential premises does not change (the property is not re-registered);
- the purpose of the operation is fraud to cash out MK funds.

Important! Transactions between relatives are checked especially carefully. In particular, law enforcement agencies ensure that all documents are reissued and minors receive their shares.

If during the audit the fact of cashing out budget funds is proven, then:

the deal is canceled in court;
the recipient of the certificate will be prosecuted;
including, they will be required to return the money.

Respect for children's property rights

The law requires that property acquired using family capital be divided among all family members. In this case, each person is assigned a share of ownership (Article 10 of the Federal Law No. 256 of December 29, 2006).

The registration is carried out as follows:

The notary draws up a donation agreement for part of the apartment in favor of each child;
documents are registered with Rosreestr authorities.

Important! There are no clauses in the regulations limiting the shares of minors. In practice, they proceed from equal parts or rely on regulatory indicators approved by the regional government. Advice! An adult family member has the right to refuse a share of property. A corresponding statement about this is drawn up and registered with a notary. Download for viewing and printing:

Package of documents required for purchasing an apartment

With any option to improve their living conditions, citizens will have to collect papers.

Let's describe the most basic ones:

passport of the certificate holder;
document for receiving MK;
documents confirming ownership of the apartment;
a notarized obligation of the owner to allocate shares to minors (if this has not already been done);
documents of the second spouse (if housing is registered for only one);
certificate of death of the mother (if the father is involved in the transaction);
documents on deprivation of parental rights (if any);
marriage certificate (in case of complete family).

Important! MK funds are allowed to be used to purchase housing by a spouse other than the one for whom the certificate is issued. In this case, it will be necessary to document the fact of marriage.

Additional nuances of an installment purchase agreement

When concluding almost any transaction using MK, there is a delay in payment associated with the need to prepare documents in the Pension Fund, verify and transfer funds. This circumstance in no case can prevent the purchase of an apartment. The state is the guarantor of the transaction. The process is as follows:

The registration of an installment plan transaction with the Rosreestr authorities is carried out in such a way that the property is listed as collateral with the seller.
After receipt of all amounts, it is necessary to re-register the property with this government agency.
The specialist will check the documents and make changes to the database.
The property will be legally owned by the buyer.

Important! The transaction is considered completed after drawing up the transfer deed. The document describes in detail the defects of the apartment. It is signed by both countries and notarized.

April 19, 2017, 04:21 March 3, 2019 13:49