Maternity capital for construction, what is included in this direction?

Is it possible to use maternity capital funds to build a house?

Current legislation provides for the following possibilities for using maternal capital:

1. Directing money towards the formation of the certificate owner's pension . It is possible only when the child reaches 3 years of age, but at the moment it is not relevant, since the functioning of the funded pension system in the future remains in question.
2. Means for the rehabilitation of disabled children . This targeted direction for spending funds was introduced the latest - in 2020.
3. Teaching children. You can spend MK to pay for the services of preschool, secondary, vocational and additional education institutions.
4. Improving living conditions. Solving housing issues is the most common form of spending capital funds. How and on what exactly money can be spent by the MK is determined by Art. 10 of the law of December 29, 2006 No. 256-FZ.

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Among the target areas indicated in it, the following should be highlighted:

1. acquisition of residential premises under a purchase and sale agreement through a mortgage or using personal funds;
2. participation in shared construction;
3. reconstruction of a residential building;
4. construction of an individual residential building;
5. acquisition of a share in the ownership of real estate (limited).

Reference! The acquisition of land plots in order to build housing, unfinished construction projects and country houses using maternal capital is impossible.

The answer to the question about the possibility of using maternal capital when building a house is affirmative.

Construction requirements

453,026 rubles is exactly the amount of maternity capital in 2018. It can be spent after the third birthday of the child, thanks to which the family was given funds in the form of a certificate.

Among the purposes for which assistance will be allocated to parents with children is the possibility of building a house. But in order for everything to pass in the legislative field and there are no problems with receiving money later, a number of issues need to be resolved “on the shore.”

Important!

It is better to build a house using maternity capital funds with the involvement of a contractor. Independent work is not prohibited by law, but in this case it will be difficult for the Pension Fund to prove certain costs and their feasibility.

A construction company can build a house even in the forest (for example), but in this case, the rules according to which the Pension Fund transfers funds will probably be violated, and the family will not receive the money.

Such statements from construction companies are not uncommon. It is recommended to make sure that the built house does not violate the law and that the Pension Fund will allocate funds to the family

To avoid such a situation, you need to familiarize yourself in advance with the requirements of Government Decree 862 that apply to the future structure:

• The house must be permanent - with all utilities (gas, heating, water, light and sewerage), which will allow the family to live in it all year round, with an address assigned. Means mat. they will not provide capital for the construction of a dacha. A house must have a foundation, walls, windows and a roof.
• All family members (the youngest children too) will need to allocate a property portion when registering ownership of the house.
• Construction should be carried out in a populated area where there is a school, kindergarten, and clinic nearby.

The requirements provide for the mandatory presence in the locality where construction of a permanent house is underway on a site owned, long-term lease (50 years) or for free use, children's infrastructure (clinic, kindergarten, school) Source miasskiy.ru

• The land on which the house will be built must either be owned by the family, or leased for 50 years or more, or transferred for free use for a long period.
• A maximum of 3 floors can be built. This must be taken into account if the piece of land is small and the family has many children.

On a note!

Purchasing a plot of land for any purpose using family capital is impossible.

If family-owned land is registered as a dacha plot, it will be possible to build a house on it using maternity capital. The main thing is that it corresponds to individual housing construction and meets all the above characteristics. But you will also have to document a change in the status of the land.

Important!

If the house is built on a dacha or garden plot, then you will have to prove its residential status, apply for a certificate of inspection of the work under individual housing construction from the local administration, with which you then go to the Pension Fund.

The main thing is that the house is built on land for individual housing construction.
In the case of a different purpose for using the site and the type of permitted construction (garden, country house, personal subsidiary plot), confirmation of the residential status of the house will be required. When signing a construction contract, the document must include a clause on the payment of part of the money using maternity capital (if this is necessary for the family), and The construction period is also indicated. Why is it important? It may take 30-60 days from the date the Pension Fund approves the application for payment of funds until they are actually transferred to the contractor. This may happen when construction has already been completed (depending on at what stage the parents applied for capital). Therefore, in order to protect yourself from claims from the construction organization regarding delays in funds, you need to include this clause in the contract.

On our website you can find contacts of construction companies whose certification allows you to make payments with maternity capital. You can communicate directly with representatives by visiting the “Low-Rise Country” exhibition of houses.

Is it possible to use maternity capital to build a house?

According to the provisions of Art. 10 of Law No. 256-FZ, maternity capital can be used for the construction or reconstruction of an individual housing construction project (IHC) - a detached house with a height of no more than 20 meters and no more than 3 above-ground floors, intended for one family. In addition, such a house must be a residential premises, that is, meet the criteria specified in Section II of the Decree of the Government of the Russian Federation No. 47 of January 28, 2006:

1. The house must be built in a residential area of ​​the city.
2. Enclosing and supporting structures must be in working order.
3. The foundation and load-bearing walls are not damaged or destroyed.
4. The house has electricity, water supply, sewerage, heating, ventilation, gas supply (if the area is gasified).

Attention

If the individual housing construction facility is located in a settlement where there are no centralized utility networks, then it may not have water supply and sewerage.

In order for the Pension Fund to approve an application to spend maternity capital on building a house, the following conditions must be met:

1. The house must be located on the territory of the Russian Federation.
2. The owner of the certificate (his spouse) has the right of ownership (perpetual use, gratuitous use, lease or the right of lifelong inheritable ownership) to the plot on which the house is being built.
3. A building permit has been obtained. The document is issued only for the construction of a house on plots with certain types of permitted use (AUR):
   Individual housing construction (IHC) - land plots intended for the placement of residential buildings, cultivation of agricultural and ornamental crops, construction of garages and ancillary buildings (Order of the Ministry of Economic Development No. 540 of 09/01/2014).
4. Personal subsidiary plot (LPH) is a territory for the construction of a residential building, agricultural needs, as well as the placement of a garage and other auxiliary structures.
5. The living space must be registered as the common shared property of spouses and children after completion of the work.
6. The finished house must meet the requirements for residential premises - this means that it is impossible to build a structure that is unsuitable for living.

If the certificate funds are used for the reconstruction of the house, then, in accordance with Part 1.2 of Art. 10, during it the area of ​​the premises must be increased by at least one accounting norm - its size is established by local government bodies. The same condition must be satisfied if an application for disposition is made to obtain compensation for reconstruction.

Is it possible to build a house on a summer cottage?

After Federal Law No. 217 of July 29, 2017 came into force on January 1, 2020, the construction of a residential building on a “dacha” plot became possible. The concept of “dacha” no longer exists at the legislative level: “dacha partnerships” have been replaced by horticultural and vegetable gardening partnerships. The difference between the new forms of partnerships is determined by what plots are located on them - garden land plots (SZU) or garden land plots (OZU).

Attention

A bill is being considered in the State Duma that will amend Law No. 256-FZ, and maternity capital funds can be spent on building a house on a garden plot. On February 19, 2020, it will be considered in the second reading. In addition, amendments have been made to the bill that will significantly expand the maternity capital program.

According to paragraph 1 of Art. 3 of Law No. 217-FZ, it is possible to build a residential building (and register in it) on a garden plot of land. If the plot is a garden plot, then only outbuildings can be erected on it.

Dmitry Medvedev and the heads of the capital regions Sergei Sobyanin and Andrei Vorobyov already discussed such an expansion of opportunities for the use of MSK on November 30 during a reception of citizens. As the Prime Minister noted, permission to allocate maternal capital funds for the construction of residential buildings on the territory of horticultural non-profit partnerships (SNT) is quite justified. He also emphasized that in the future it will be necessary to change the legislation, because currently such rules have not been approved.

Conditions for using maternal capital to build a house in 2020

The procedure for using the maternal certificate (MCC) is regulated by the Federal Law “On additional measures of state support...” dated December 29, 2006 No. 256-FZ. In accordance with Art. 10 of this regulatory act, maternity capital funds can also be spent on building a house, because such an action is also included in improving living conditions.

Of course, it should be immediately noted that the amount of support due will not fully cover all the costs of building a building from scratch, but it can become tangible support for the family.

In addition, it is allowed to send money for the reconstruction of living space, namely:

• for its expansion;
• setting up the top floor;
• extension of additional rooms;
• converting an attic into an attic room, etc.

Important! Using maternal capital not for the construction of a house, but for its renovation will allow you to do without searching for additional financial resources. The main thing is to have evidence that the money was actually spent on obtaining more comfortable conditions for the whole family.

And for those who intend to cash out maternity capital to build their own home, it is important to know all the nuances of paying and spending public money.

In 2020, building a house using maternity capital is permitted subject to the following conditions:

1. The living space is being built within the Russian Federation.
2. The plot on which the work is planned is intended for individual housing construction; the owner of the MSC (or his husband/wife) is its official owner or is used by him on other grounds established by law (rented, inherited, etc.).
3. There are documents confirming permission from the municipal authorities to carry out construction work.

If at least one of the listed conditions is not met, the request for funds will be rejected. At the same time, the refusal cannot be challenged, because there are no violations of the law.

For what type of housing can funds be spent on the certificate?

It is possible to cash out maternity capital to build a house only if you plan to build a residential building. According to the Town Planning Code of the Russian Federation, a detached low-rise building (the number of floors should not exceed 3), which is the residence of one separate family, is considered residential.

Note! The building must be suitable for permanent occupancy, including small children, regardless of the time of year.

In accordance with the Decree of the Government of the Russian Federation dated January 28, 2006 No. 47 and SNiP 31-02-2001 dated May 20, 2011, the construction of a house using maternity capital is permitted only if the following conditions are met:

• erection of a building in a residential area;
• the presence of a foundation and walls bearing the main load, which classifies the house as a permanent building;
• provision of communications (water, heating, gas, electricity) or the possibility of supplying them. The construction of a house without such amenities is allowed only if they are completely absent in the area of ​​construction;
• assessment of the general condition of the building structure by workers who do not pose a danger to residents.

Thus, the state will allow maternity capital to be spent on the construction of a residential building only if the building meets the specified criteria. Since funds are issued in installments, it will not be possible to receive the second one if the specified conditions are not met. In this way, the government minimizes the risk of fraud.

Important news! During the President's address to the Federal Assembly, it was announced that it is planned to consider the possibility of using maternity capital for the construction of houses on garden plots. Subscribe to site updates so you don't miss news about this bill.

Is it permissible to purchase a plot of land for subsequent construction of a house?

The acquisition of land for housing construction using maternity capital does not meet the requirements of the law on the allocation of state support funds. Therefore, the risk of receiving a refusal from the Pension Fund is high.

An exception may be the purchase of a plot on which there is already a house suitable for habitation. In such a case, it will be considered that the funds were used to purchase real estate, and the land is only an addition to it.

Thus, it is impossible to buy an empty plot of land with funds from the state budget, even if the required plot of land is officially intended for individual housing construction, which is documented.

Maternity capital for building a house in SNT.

Recent changes to the program with the participation of maternity capital have raised issues of the possibility of acquiring and constructing facilities located on the territory of gardening non-profit partnerships. The cost of this type of real estate can be an order of magnitude cheaper than standard city apartments, and the living conditions often benefit.

To obtain permission from the Pension Fund regarding the permissibility of using maternity capital funds, it is important to check the following points:

• the house is suitable for year-round living;
• there are title documents for the building;
• the structure has signs of a permanent structure;
• the house is suitable for living and allows you to obtain a residence permit.

The house must have a solid foundation and walls, ensure the normal functioning of communications and conditions for full-fledged living. Objects that are not classified as dilapidated or dilapidated housing are accepted for consideration.

Is it possible to build a house using capital on a garden plot?

The current legislation on maternity capital establishes that funds can be used for the construction, acquisition or compensation of expenses, but only for residential premises.

In practice, this means that the possibility of building housing on dacha plots depends on the category of permitted use of the land. Thus, the construction of permanent residential buildings is allowed on a “garden plot of land” or in SNT. Accordingly, it is possible to use MK tools in this case.

On “garden plots of land” the construction of residential buildings is not permitted, but the construction of outbuildings and objects for temporary residence in them (garden houses, dachas) is allowed. The construction of non-residential premises using financial support in the form of MK is impossible.

Families with minors can count on maternity capital, which, among other things, can be spent on building a residential building. At the same time, you can build it yourself or hire a construction contractor for this.

If a loan was taken out to build a house, then with state money you can repay it in full or in part, without waiting for the child to turn three years old, which is a convenient option for many families.

Legislation for obtaining maternity capital for building a house

You can receive social support from the state for the construction or reconstruction of a private house if you comply with all legal requirements. The following can be distinguished:

• the future or existing house must be located on the territory of the Russian Federation;
• the land plot must be the property of one of the spouses, the owner of maternity capital. The site has the status “for individual housing construction”;
• owners must have construction permitting documents from local governments.

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General algorithm of actions

1. Choose

   suitable land.

2. To conclude

   agreement with the contractor.

3. Contact

   to the Pension Fund with a package of documents.

   Read also:  Social programs to support young families
4. Wait

   a positive decision and transfer of money to the construction organization.

5. Construction

   Houses.

6. Signing

   the customer of the work completion certificate.

7. Confirmation

   targeted spending of maternity capital in the Pension Fund: provision of a certificate of completion of work, distribution of the property share between all family members.

Strict compliance with the rules and requirements of the Pension Fund for the targeted use of maternity capital, as well as following the algorithm for all stages of construction, from the selection of a land plot to the distribution of a share, is a guarantee of receiving funds.

Initial payment through lending

In this case, the algorithm is approximately the following: contact a construction contractor, draw up an agreement, apply for a loan for payment and begin construction.

On a note!

When repaying a loan taken for the construction of a house (only for the purpose), you can go to the Pension Fund for family capital without waiting for the child to turn 3 years old (new for 2020).

In addition to repaying the financial obligation during the term of the contract, maternity capital can be used to “close” the down payment on the loan.

With maternity capital you can close a loan (targeted) to start construction without waiting for the child to reach 3 years of age Source posobie-expert.com

On our website you can find contacts of construction companies that have their own production and can work on credit or in installments. You can communicate directly with representatives by visiting the “Low-Rise Country” exhibition of houses.

Initial payment from personal funds

Concluding an agreement with a construction company, building a house and paying from your own savings.

In this case, parents have the right, after the child (with whom the maternity capital came) has turned 3 years old, to request funds from the Pension Fund as compensation for personal expenses to improve the family’s living conditions. All contracts and receipts regarding the expenditure of funds, down to the smallest, will be required, and the house must be 90% ready.

Important!

Compensation for an already constructed house is possible if the ownership documents were drawn up after 01/01/2007.

Conditions for receiving funds in 2020

To use maternity capital for the construction of a private house, you must comply with the conditions regulated by Law No. 256-FZ:

1. the construction of the facility must be carried out within the Russian Federation;
2. the land plot on which the construction of the structure is carried out must be owned or otherwise legally owned by citizens;
3. To build a house under the maternity capital program, you must have the necessary design and estimate documentation approved in the prescribed manner.

Important!
If the intended purpose of the land was not the construction of a residential property, then it will be impossible to direct maternity capital to build a house. In this case, one of the main conditions of Law No. 256-FZ is not met.

Required documents

To transfer funds, you must contact the territorial office of the Pension Fund of the Russian Federation with the following package of documents:

1. mother’s statement, on the basis of which the maternity capital will be used to build a house;
2. original MSK certificate;
3. passports and birth certificates of all family members;
4. an agreement, decree or other document of title for a land plot;
5. permitting documentation, if required by construction conditions;
6. a contract if, instead of using its own resources, the family decided to hire third-party workers;
7. a notarial obligation to register ownership of the constructed object in favor of all family members no later than six months after completion of construction.

Attention!
Maternity capital for housing under construction as of 2019 is 453,026 rubles. 00 kop. From 2020 – 466,617 rubles. This is exactly the amount that citizens who decide to build a house on their own or with the help of a specialized contractor can count on.

What to do if you can’t handle documents

If the person for whom the certificate is issued, for some reason cannot go through the entire procedure himself, he can write a power of attorney to his representative and transfer all matters to him. The representative can be a relative, a loved one, or a professional lawyer.

Sometimes there are supposedly profitable offers to exchange a certificate for cash, which you can spend at your discretion. Such proposals violate current legislation. An attempt to withdraw funds will be considered fraud, including on your part. In addition, the state continuously controls the intended use of maternal capital.

Use of contractors

If a family decides to build a house for maternal capital on the basis of a contract, it will not be able to receive the money itself, since MSC funds will be transferred to the contractor based on the submitted estimate, but within the total amount of the certificate.

Attention! The use of maternity capital for the construction of a house is permitted only after the second child reaches the age of three.

As an alternative, it is allowed to use maternity capital to build a house, for which the initial funds were received through a bank loan. When using hired force, all expenses incurred must be documented. Maternity capital for the construction of a house will be transferred based on the cost of the estimate for materials and work performed.

Construction on your own

In this case, the following features must be taken into account:

• maternity capital for the construction of a house will be provided in equal parts, 50% upon the initial application of citizens and 50% after confirmation of completion of construction;
• When building a house on your own, maternity capital will be transferred to the account of one of the spouses carrying out all the work.

Attention! Maternity capital for building a house on your own will be fully paid if the conditions for putting it into operation and registering the property with the cadastral register are met.

How does the money transfer work?

If the work is entrusted to a contractor, then the transfer occurs in a single payment.

If you rely only on your own strength, then in case of a positive decision, half of the total amount is transferred to the specified bank account (do not forget to prepare your bank details). You will be able to receive the remaining money no earlier than six months later. During this period you will be asked to provide documentary evidence of the construction process. You will also have to meet the deadlines determined by law: the foundation, frame of the house, and roof must be erected within 6 months. An object inspection report must be prepared. Otherwise, the balance will not be credited to your bank account.

Officially, the law does not provide for mandatory reporting if you decide to build a house on your own. However, it is better to save receipts for the purchase of consumables: they can help out in an unforeseen situation.

The application is usually considered no longer than a month. Money is transferred within ten working days.

Cooperation with the Pension Fund

It is this organization that is responsible for issuing and further sending family certificates. The key concept when requesting funds from the Pension Fund will be “improving housing conditions.” That is, the family needs to be given irrefutable evidence that it did not own the real estate, or it was dilapidated, in disrepair, or its area in terms of the number of residents did not meet sanitary and hygienic standards.

Registration of capital for the construction of a house

The procedure for financing the construction and reconstruction of housing using maternity capital funds, depending on the type of construction, can be of several types.

Several options are possible:

1. Money for housing construction is not provided to certificate owners immediately. The money is paid in two equal installments, provided that no contractor is involved in the construction;
2. Money for construction is transferred in a single payment. In this case, a contractor is involved in the construction or reconstruction of housing.

So, if the contractor is not involved in construction, then the money is transferred directly to the bank account of the owner of the state certificate. Funds are transferred within 2 months after documents are submitted to the Pension Fund. The first payment is 50%. The second part of the funds can be received no earlier than six months after receiving the first part.

If a contractor is used, then within 2 months after receiving all the necessary documents, the Pension Fund verifies their authenticity and transfers 100% of the contract payment to the contractor.

Documents required for registration

It is clear that in order to obtain financing for housing construction, regardless of whose efforts such repairs are carried out, it is necessary to submit the necessary package of documents to the Pension Fund.

What papers will you need:

• Certificate;
• Passport;
• Child birth certificates;
• Permission to carry out construction work;
• The obligation of the owner of maternity capital to register the constructed property as shared ownership of family members. A prerequisite is that minor children must become shared owners. Such an obligation must be certified by a notary;
• Bank details, that is, the account number to which funds must be transferred.

When the first part of the funds has been received and construction has begun, it is necessary to remember: any completed part of the construction must have documentary evidence.

It is these documents that will be needed as the basis for paying for the second part of the maternity capital. Such documents may be certificates of inspection of the work performed. You can obtain the certificates from the local authorities, which gave permission to carry out such construction work.

When a contractor is used, a contract agreement must be submitted to the Pension Fund.

How to get money to build a house before your child turns 3 years old

The law establishes that payments under the maternity certificate until the child turns 3 years old can only to pay off the mortgage.

However, there is a way out of this situation. build a house yourself until your child reaches three years of age . But you should keep all documents confirming expenses. When the child turns 3 years old, he should go to the PF department.

To receive compensation, in addition to your passport, SNILS and maternal certificate, you will need:

• document on ownership of the land plot;
• a certificate that the family is participating in the state program for the construction of a residential building;
• written assurance that in 6 months the house will belong to the family;
• documents confirming expenses incurred.

Is it possible to get money without waiting 3 years?

The legislator clearly defined that a family can use state support funds only after the child turns 3 years old. This rule serves to prevent possible fraudulent schemes. However, this rule is not universal.

Thus, without any time restrictions, you can submit an application for disposal of MK funds if you have an issued housing loan. Thus, you can receive state support for building a house immediately after the birth of a child if you took out a bank loan for this.

It should be noted that the loan must be exclusively targeted, and the agreement with the financial institution must contain a corresponding clause.

Accordingly, when submitting documents to the state pension fund, a loan agreement with a loan payment schedule, as well as a certificate from the bank indicating the remaining amount of debt, is additionally sent.

Special requirements for the use of family capital

The innovations of the last days of 2020 have brought a lot of positivity to the MSC; after the second child is born or adopted, you can immediately register it to use budget money. At the same time, it is allowed to spend family capital in whole or in part.

Improving living conditions means:

• buy, build a house legally, involve a third-party organization for this, become a participant in shared construction;
• build from scratch, reconstruct a private building;
• make a down payment, repay the principal debt on a loan taken out to purchase a home.

In the case of an agreement with a developer, the money will be transferred not to the owner of the certificate, but to the organization carrying out the construction, if the parent considers this method of payment more convenient. Contractors do not always agree to conclude such contracts because of mandatory reports for every penny spent.

How to get mat capital for building a house with a mortgage

When it is not possible to build a house with your own funds, you can take out a mortgage from a bank for these purposes. We described in detail what a mortgage and a mortgage loan are in our previous article.

In this case, the full debt or part of it is paid from maternity capital funds. This option is available even before the child turns 3 years old. For information on how to get a mortgage for a house, read the article at the link.

To receive funds in this way, you will have to provide the following documents to the Pension Fund:

• identification document;
• SNILS;
• maternal certificate;
• mortgage agreement;
• a certificate from the bank reflecting the balance of the debt;
• a document confirming ownership of a residential property under construction or already constructed;
• a copy of the document permitting the construction of a house, if construction has not yet been completed;
• assurance that the house will be owned by the family for six months after receiving maternity capital.

Maternity capital for building a house: how to use it, necessary documents

An important note concerns the fact that if a third and subsequent children are born in a family, the right to maternity capital arises only if it has not previously been realized. In other words, the certificate can only be obtained once. In 2020, the capital amount is 453,026 rubles. However, it is necessary to understand that money for building a house is not given in person, but is transferred to the appropriate needs specified in the law. Therefore, it is impossible to cash out maternity capital legally. Below are all the ways to use maternity capital.

Obtaining a certificate

Before you think about how to use maternity capital to build a house or for other purposes, you need to obtain a state certificate. To do this, you must submit an application to the territorial body of the Pension Fund of the Russian Federation and attach to it:

• mother's passport;
• a birth or adoption certificate for each child, as well as confirmation of their Russian citizenship (for certificates received before February 7, 2007 - an insert with a mark on citizenship; for those received later - a stamp or an indication of the Russian citizenship of the parents in the certificate);
• identification document, registration at the place of residence and powers of the legal representative.

In some cases, other documents may be needed. Apply for a certificate for the mat. capital can be obtained at any time after the right to receive it arises. Learn more about how to obtain a maternity capital certificate.

Construction of a house using maternal capital

Maternity capital can be used to build a house, as well as for other purposes, only when 3 years have passed since the birth of the child. However, there is one exception to this rule: you do not need to wait 3 years if the funds are used to repay a loan or loan issued for the purchase or construction of housing. That is, you can take out a loan to build a house, using the certificate funds as a down payment, or repay the loan taken earlier using maternity capital. If you don’t want to wait 3 years, there is another option - to build a house with your own money, and then submit an application for reimbursement of costs incurred from maternity capital.

In this case, the house can be built even before the right to the specified capital arises, but not earlier than January 1, 2007.

There are several options for building a house: independently or with the involvement of a contractor. In both cases, in order to build a house using maternity capital, it is necessary to have ownership or other proprietary rights to a land plot. These include: the right of permanent (indefinite) use, the right of lifelong inheritable possession, the right of gratuitous temporary use or the right of lease. It is worth noting that currently land plots are not provided to citizens with the right of permanent (perpetual) use and the right of inheritable ownership.

If there are no problems with the site, then you need to submit an application and the following documents to the Pension Fund of the Russian Federation:

• original certificate and passport of the person receiving the certificate;
• the representative’s passport and power of attorney certified by a notary if the application is submitted through a representative;
• spouse's passport and marriage certificate, if the construction of the house is carried out by the spouse of the person who received the certificate, or he is a party to the transaction for the purchase or construction of housing.

However, this is not the final list of documents that will need to be submitted in order to build a house using maternity capital.

Construction with the involvement of a contractor

When engaging a construction organization in the construction of a house, the following must be submitted to the Pension Fund along with the above documents:

• a copy of the construction permit;
• a copy of the agreement concluded with the contractor;
• a notarized obligation of the person to whom the construction permit was issued to register the house built with maternity capital funds as the common property of the children, the person who received the certificate, and his spouse within 6 months from the date of its commissioning;
• a copy of the title document for the land plot.

If everything is in order with the documents, the application will be satisfied and the capital funds for the construction of the house will be transferred to the account of the organization that will be involved in its construction within the time limits established by law (within 10 working days from the moment the application is satisfied).

Construction on your own

If a family has decided to build a house without involving a construction organization, along with an application and documents confirming the right to maternity capital, it is necessary to submit the same package of documents as in the case described above, with the exception of a construction contract. In addition, it is additionally necessary to provide bank account details for transferring funds.

Within the above deadlines, if the application is satisfied, maternity capital for construction will be transferred to the bank account in the amount of 50% of its total amount. The remaining amount can be received after 6 months, subject to the presentation of a document confirming the completion of the main work on the construction of the facility.

How to get capital for building a house with equity participation

Even if the house is still under construction, you can apply for capital. The funds received reimburse the expenses incurred.

To do this, you must provide the Pension Fund with a package of documents:

• identification document;
• SNILS;
• maternity capital certificate;
• extract from the cooperative's statement;
• charter of the cooperative;
• a certificate indicating the part of the amount paid and the amount of the remaining debt;
• assurance that the property under construction will be re-registered to the family no later than six months from the date of completion of construction.

In this case, Pension Fund employees carefully study not only the right to receive maternal capital, but also the property itself.

Is it possible to buy a summer house or garden plot to build a house?

Employees of the Russian Pension Fund strictly control the intended use of funds.

According to the Order of the Ministry of Economy and Development of the Russian Federation dated September 1, 2014 No. 540 “On approval of the classifier of land plots,” a residential building can be built on land plots intended for different types of activities.

To receive government subsidies, you will need to bring to the Pension Fund a permit from local authorities for construction, which will give the owner of the certificate the right to carry out construction work.

The use of the following types of land plots for the construction of a house is prohibited:

• Dacha non-profit partnership (DNP) - a land plot allocated for a residential dacha house (up to three floors, not divided into apartments), outbuildings, growing crops;
• Garden non-profit partnership (SNT) - a plot of land for the construction of a garden house for recreation, household. buildings and cultivation of agricultural crops.

Construction permits will not be issued for the above lands and funds will not be transferred.

How to receive MSC funds for an actually constructed object

The question of how to build a house with maternal capital will not arise if citizens built it before receiving the right to participate in the MSK program.
In this case, it is possible to compensate costs subject to the following conditions:

1. the date of actual construction of the facility must be no earlier than January 2007 (when the family capital program came into force);
2. the application for compensation followed after the second child reached the age of three;
3. The construction of the facility was carried out by citizens’ own efforts, without the involvement of contractors.

If these requirements are met, the family can contact the territorial office of the Pension Fund of the Russian Federation with a standard package of documents confirming the registration of ownership of real estate. After the two-month verification period, the funds will be transferred to the account. The total amount of compensation will not exceed the total amount under the MSK certificate, i.e. no more than 453,026 rubles. 00 kop. From 2020 – 466,617 rubles.

Requirements for future housing and land

The site must be located in a residential area, and the building itself must meet the requirements established for individual housing construction projects. The parameters of individual housing construction objects are determined by the Town Planning Code, clause 39. A house is also recognized as residential if it meets the conditions specified in the Decree of the Government of the Russian Federation No. 47 of January 28, 2006 Section II):

• number of storeys no more than three;
• there is no division into apartments;
• suitable for permanent residence;
• has a foundation;
• supporting structures are in working order;
• There is a connection to communications: sewerage, water supply, electricity.

There is a caveat for the last point: if the house is one- or two-story, and there is no centralized water supply in the locality, then you can do without sewerage and water supply. For gasified areas, a gas connection is recommended.

Conditions for building a house

Any residential building described as a private house must comply with the Town Planning Code of the Russian Federation, according to which individual residential construction is a separately constructed house of no more than three floors, intended for one family.

In addition, the building must meet the criteria of a residential building, defined by RF PP No. 47.

These are:

• According to territorial zoning, the object must be located in a residential area;
• Without fail, the house must have a foundation and load-bearing walls;
• All necessary communication systems (water, heating, electricity, drainage, gas supply, ventilation) must be connected to the building. If housing is built in a settlement that does not have central communications, then the absence of water supply, sewerage and gas is allowed;
• The constructed house must be safe to live in.

Any residential building described as a private house must comply with the Town Planning Code of the Russian Federation

How to build a house on your own using maternity capital

If you plan to build a living space on your own, the procedure has some differences. The algorithm of actions will be discussed in detail below.

Stage 1. Registration of land plot ownership

Before you think about how to register maternity capital for the construction of a house, you should know that the site on which construction is planned must belong to the owner of the certificate (or spouse).

Therefore, the first stage is registration of land ownership. You can do this in the following ways:

• purchase it;
• draw up a lease agreement;
• formalize the right of inheritance.

This is an important point, because state support funds can only be used to improve living conditions. But the purchase of land does not fall under this criterion.

Stage 2. Selecting a construction company

If you plan to build your own home, you can skip this step. If a company is involved, you should approach its choice correctly. When deciding who to enter into a contract with, you should consider:

• period of implementation of this type of activity;
• number of completed works;
• customer reviews.

Important! It is also necessary to notify about the planned use of funds from state support, because not all private firms operate under such conditions.

Stage 3. Collection of documents and application to the Pension Fund

After the registration of the site is completed and the choice of a construction company has been made, the next stage begins. Before constructing housing, documents for obtaining capital for building a house must be submitted to the Pension Fund. The mandatory list includes:

• papers confirming ownership of the land plot;
• permission to carry out construction work;
• a written obligation to register the house in the name of all family members after completion of construction;
• a copy of the agreement with the company;
• bank details for transferring money;
• passports of parents and birth certificates of children, as well as SNILS of all family members;
• marriage (divorce) certificate.

If renovation work is planned, it is also necessary to submit a title document for the house.

The application is submitted by the owner of the MSK, the waiting period for a response is 1 month.

Stage 4. Obtaining funds

The last stage of the question of how to invest maternity capital in building a house is to receive funds. The order in which they are listed depends on who they are being transferred to:

• if to the account of the owner of the MSK, the transfer is made in two stages: after 2 months, part of the funds is transferred (no more than half of the total amount), then, no earlier than six months later, the remaining share;
• if to the contractor’s account, the transfer is made in one payment.

Stage 5. Construction of a home

If self-construction is carried out, the law sets a limited time frame for the certificate holder: it is necessary to have time to lay the foundation and erect the building frame within six months. Only after this will the rest of the money be received.

If the work is performed by professionals, less time is required, so the entire amount is transferred to their account immediately.

How to spend maternal capital on building a house?

According to Decree of the Government of the Russian Federation No. 862 dated December 12, 2007, certificate funds can be spent on building a house as follows:

• On your own.
• With the involvement of a contractor.
• Receive compensation for a house that has already been built.

Attention

It is necessary to understand that it is impossible to purchase a plot of land for the construction of a residential building using maternity capital. It is also impossible to use certificate funds for repairs.

Maternity capital for building a house on your own

Self-construction or reconstruction of a house implies that the owner of the certificate and his spouse do not apply to officially registered organizations that are engaged in construction. If construction or reconstruction is carried out on your own, then the certificate funds are transferred in two stages:

1. The first receipt of funds in an amount not exceeding 50% of the MSK. The money is transferred to the account of the certificate owner.
2. The transfer of the remaining part of the funds can be carried out no earlier than six months after the first deposit of money upon provision of documents that prove that the main work has been carried out: the foundation has been laid, walls have been erected and the roof has been built.

In addition to the documents from the main list, the Pension Fund must provide:

• Upon receipt of 50% of maternity capital - a construction permit.
• Upon receipt of the remaining funds - confirmation of the completion of basic construction work (inspection certificate issued in accordance with the rules of Decree No. 686 of the Government of the Russian Federation dated August 18, 2011).

Construction of a house using a contractor

To build a house using capital funds, you can use the services of contractors. To do this, the recipient of the personal certificate or his spouse must enter into a construction contract with a legal entity. Family capital is also allowed to be used for reconstruction, which will be carried out by a contractor.

Along with the application and documents from the main list, the Pension Fund will need to provide:

• a copy of the concluded construction contract;
• a copy of the building permit issued to the certificate holder or his spouse.

Attention

If the application for disposal of the MSC is approved, the money will be transferred in a lump sum to the account of the organization providing the services no later than 1 month and 10 working days after registration of the application.

Housing reconstruction using mat capital

Since there is no concept of repair in the law, it is not possible to invest in ordinary repair work. But you can try to reconstruct the premises in which you already live.

Reconstruction is understood as construction work that changes the general parameters of a residential property (more details in the Town Planning Code of the Russian Federation, Article 1):

• restructuring and superstructure;
• restoration or replacement of load-bearing structures;
• expansion of area.

Law No. 256-FZ puts forward additional requirements: an increase in living space is mandatory by a certain amount (the norm is established by local governments).

If you will enter into an agreement with a contractor, it should be attached to the application. It is better to contact a company that has its own technical department. The construction organization must also work with maternal capital funds.

After contacting the Pension Fund, only half of the total amount will be transferred to you. To receive the balance, you will need to confirm that you spent the first part specifically on reconstruction (and provide the completed work for inspection). After that, you will be given the rest - but not earlier than 6 months after the first transfer.

Possible reasons for refusal to receive family capital

1. One of the common grounds for refusal to receive family capital is the deprivation of maternity of a child giving you this right. Or deprivation of parental rights in relation to an older child.
2. When adopting a husband's child (stepson).
3. If the mother or child does not have Russian citizenship.
4. Receipt of mother's benefits is denied if an incomplete or incorrectly completed package of documents is submitted.
5. The right to maternity capital is denied if the born child died before seven days of living, and the mother did not have time to issue a birth certificate for him.
6. If you expect to use your capital for other purposes, for example, to buy a summer house, a car, or to repay a loan taken for personal needs.
7. If you decide to buy a home from your relatives or are going to buy an apartment in a house that is planned to be built in the future.

What to do if they refuse without reason?

But if it happens that you are denied funds from your family capital, you should not despair.

1. The first thing you need to do is find out from the Pension Fund the reason why you were denied funds.
2. The second is to demand a written explanation for her refusal.

If the reason for the refusal is incorrectly executed documents or their insufficiency, then this can be corrected and everything can be passed according to the rules.

If there are other reasons for the refusal, then you can try to defend your rights in a higher organization of the Pension Fund of regional importance or apply to the court at your place of residence.

If the court or regional Pension Fund has a positive decision, you will receive payment of funds.

State support for large families is a good help in improving living conditions. When registering capital, it is important to consider the purpose of receiving it that you want to achieve with its help.

And it is especially important to indicate this goal in the application for a subsidy, because in the future it will not be possible to change it and spend the funds received with impunity.

How to buy a house using maternity capital

Lawyer Yuri Kapshtyk recommends the following purchase procedure to parents.

• Select housing and agree on the price. If a family already has an apartment or house where minor children are registered, the area of ​​the new housing should not be smaller. Otherwise, the guardianship authorities will not approve the deal. Improving living conditions means increasing the space for each family member.
• Warn the seller that you are planning to buy a house using maternity capital. This must be done for the reason that the Pension Fund transfers money from the mother’s personal account upon completion of the transaction, that is, after the conclusion of the purchase agreement. This means that the seller will receive part of the money from the buyer immediately, and the second part from the capital funds - a little later, after reviewing the documents by the Pension Fund. This can be scary for some property owners who worry that they will be left without a home and money. But there is no reason to be afraid if the transaction is completed correctly and without violations.
• Conclude a purchase and sale agreement. The agreement stipulates that part of the amount will be paid with funds from maternal capital, and also that children will become co-owners of the property.

“I recommend concluding an agreement with notarization,” says lawyer Yuri Kapshtyk. “This is not necessary, but in order to avoid mistakes when preparing documents and for personal peace of mind, it is better to notarize the transaction.”

• Provide documents to the Pension Fund. This year, the deadlines for reviewing documents have also changed. Instead of the previous month, employees of the Pension Fund of Russia branch must meet the deadline in 10 days.

After approval by the Pension Fund of the Russian Federation, the money is transferred to the seller’s account. Parents just have to submit the purchase documents for state registration and move to a new home.

conclusions

In the article we looked at how to use maternity capital for construction.

1. We found out that using maternal capital funds you can build a cottage yourself or by hiring the services of teams.
2. It doesn't matter which house format is chosen. The main thing is that you can live in it comfortably.
3. You can build first, and then take compensation from the Pension Fund, providing all the documents, or wait three years from the birth of your second child and start construction.
4. Renovation of residential buildings is also encouraged. If you have a goal to expand your living space, you can save money by investing maternity capital.
5. You cannot buy a plot of land with family capital. But if you have a registered plot at your dacha, you can build a house on it using capital.
6. To sell a house built partly with money from maternal capital, permission from the guardianship and trusteeship authorities is required.