Purchase of land using maternity capital

What can you buy with MSK funds?

As a general rule, MSC funds can be redirected at the request of the certificate holder to improve living conditions. The latter is expressed in the acquisition, construction of new or reconstruction of old housing.

Is it possible to buy a house in SNT with maternity capital in 2020?

In 2020, using maternity capital funds, you can purchase a house in a gardening non-profit partnership, in accordance with clause 1 of Art. 3 of Law No. 217-FZ, from January 1, 2019, the construction of residential premises on garden plots is permitted.

Federal Law No. 217-FZ abolished the concepts of “dacha” and “dacha partnership”: they were replaced by horticultural and vegetable gardening non-profit partnerships (SNT and ONT). , a residential building can be built on a garden plot , but not on a garden plot. This means that it is impossible .

Part 1 art. 10 of Law No. 256 establishes that a residential building , which is why it was previously impossible to buy a dacha, since such a building could not have residential status being located on a garden or dacha plot.

Matkapital can be used to buy a house on the territory of SNT, if it does not have garden status.

From January 1, 2020, registration in residential premises built in a gardening partnership. Explanations on this issue were given by Fyodor Mezentsev , executive director of the Union of Summer Residents of the Moscow Region. According to him, to register in a house on the territory of SNT it is necessary that:

The plot was a garden.
The land was located within the boundaries of a populated area: it should have the category of “land of populated areas” or “land of agricultural purposes”.
The individual housing construction facility complied with the requirements established by clause 39 of Art. 1 of the Town Planning Code of the Russian Federation:
height - no more than 20 meters;
was not divided into separate apartments.
The house must have reliable supporting structures and a roof.
The following engineering systems must be installed in the residential premises:
running water - may not be available if the room is below 2 floors;
ventilation;
drainage - may be absent at a height of less than 2 floors;
heating;
gas supply, if provided in the area.

To register in a house on the territory of SNT, it must be registered as the property and have a postal address .

Is it possible to buy a dacha with MSK funds?

Based on an analysis of the legislation on state support for families with children, it follows that only residential premises can be purchased.

Country houses, for the most part, are not residential premises. Therefore, if the status of such a house does not indicate “residential building,” then its acquisition at the expense of MSC is impossible.

Attention! The law always has some points that help to circumvent the established restrictions. In this case, this is the transfer of premises from non-residential to residential.

How can you buy a dacha for maternal capital?

To transfer a non-residential country house to the status of a residential building, the following conditions must be met:

the presence of a permanent structure;
technical suitability and safety for living in compliance with current SNiP standards, confirmed by the relevant conclusion of the BTI or an independent expert institution (construction technical expertise);
submitting an application to the Department of Architecture and Urban Planning to transfer the premises from non-residential to residential;
assignment of an individual address with the possibility of registration as a place of permanent residence at this address.

If the owner of the building receives all the above documents, then it will be possible to buy such a dacha with maternity capital.

Similar requirements apply to the construction of housing using MSK funds. It is possible to build a residential building on a land plot as part of the SNT only if such intended use (purpose) is provided for by the category of the land plot.

Attention! Even if the lands within the SNT are not intended for the construction of residential buildings, there is still a way out. A land plot that is owned can be separated from the SNT by changing its category accordingly to land for individual housing construction.

Where to use maternity capital

It is a mistake to perceive these funds as an allowance that can be spent at your own discretion. The state views the program as a way to improve the living conditions of young families, as well as offset education costs. Therefore, money can only be spent on a limited range of tasks, but it’s up to the parents to decide what exactly.

Buying an apartment, a house. Most families use the funds to purchase spacious housing. When children are born, additional square meters are needed, and the state payment allows you to purchase a larger apartment or house without spending your own money on it. You can buy a home after the child’s third birthday, at whose birth a certificate was received. This rule does not apply to housing purchased on credit: you can pay off the mortgage or make a down payment on it even before the child is three years old, immediately after issuing the certificate.

Starting this year, maternity capital issued at the birth of a third child can only be used to pay off the mortgage.

For construction. The state allows targeted payments to be directed to the construction of a house, repair and reconstruction of existing housing. And even introduced relaxations in this area. If earlier construction was allowed only on plots for individual housing construction, now it is possible to build for budget money on garden plots. The main thing is that the land is owned and permission for work has been obtained. Construction and reconstruction of a house should be planned after the child’s third birthday. The money will not be given immediately: half of the amount will be given after submitting an application for payment, and the other half will be given six months later.

To pay for training. If a child attends a paid kindergarten, then up to the age of three, you can pay for the institution’s services using maternity capital. After this, the amount can continue to be spent on education, not only for the baby at whose birth the certificate was received, but also for other children. For example, pay for kindergarten for a younger child and university education for an older one.

For a subsidy. In 2020, maternity capital became a serious help to low-income families, who were able to receive a monthly amount in the amount of the subsistence minimum to support a child. All families whose income per person does not exceed two minimum wages in Russia (today - 12,130 rubles) can apply for the payment.

The law also allows the use of funds from the mother’s funded pension for the education and adaptation of disabled children.

Requirements for the house and land

To purchase a “country house” with maternity capital, two main conditions must be met: the premises must have residential , and the plot must have the garden .

According to paragraph 4 of Art. 3 of Law No. 217-FZ, the construction of non-real estate outbuildings for storing crops and equipment is allowed on a garden plot. Such buildings cannot be recognized as residential, so maternity capital cannot .

Law No. 217 provides that a garden or residential house can be built on a garden plot. Garden is recognized as a residential premises for temporary seasonal stay of citizens, designed to satisfy household (other) needs. residential building is one that meets the criteria established by Section II of the Government of the Russian Federation Resolution No. 47 of January 28, 2006:

the premises are located in a residential area ;
load-bearing and enclosing structures are in working condition;
load-bearing walls and foundation are not damaged or destroyed;
The house has plumbing, sewerage, electricity, ventilation, heating, if the area is gasified - gas.

If the premises are located in a settlement without centralized utility networks, then it may not have sewerage or running water.

You cannot buy a garden house with maternity capital . Also, from March 29, 2020, the Pension Fund began to independently verify the suitability of the premises for living, requesting the necessary information from local governments and other institutions. If the house has residential status, but in fact is not suitable for living, the application will be denied .

Section VI of Resolution No. 47 establishes that a garden house can be recognized as residential. To do this, you must submit to the authorized local government body or multifunctional center (MFC):

Statement on recognition of a garden house as residential, indicating:
the applicant's postal or email address;
method of obtaining a decision (by mail, e-mail, at the MFC, in person at the authorized body).
An extract from the Unified State Register of Real Estate (USRN) about the main characteristics and rights to the house. If the property right has not yet been registered - a title document .
Conclusion on the technical inspection. condition of the premises, which will confirm the compliance of the garden house with the requirements established by Art. 5, , , Law No. 384-FZ of December 230, 2009 on technical regulations on the safety of buildings. The document must be issued by an individual entrepreneur or a legal entity that is a member of a self-regulatory organization in the field of engineering surveys.
If the house is burdened with the rights of third parties , their consent to recognize the garden house as residential, certified by a notary.

The decision to recognize a house as residential is made by the self-government body no later than 45 days from the date of filing the application. To buy the chosen house with maternity capital, you need to contact the Pension Fund after the premises become residential.

The procedure for purchasing a dacha using maternal capital

If the dacha meets the above requirements, the holder of the certificate has the right to direct MK funds to purchase it or repay the loan taken for the purchase of such a dacha (targeted mortgage). The purchase procedure is subject to the general requirements established by the Rules for Submitting Applications, approved by Order of the Ministry of Labor dated 08/02/2017 No. 606n, as well as the Administrative Regulations approved by the Resolution of the Board of the Pension Fund of the Russian Federation dated 06/24/2019 No. 364p.

The process of buying a dacha using maternity capital funds consists of the following stages:

Collection of necessary documents, the list of which is approved by Appendix No. 2 to the designated Order No. 606n.
Submitting an application with attachments (directly to the client service of the Pension Fund at the place of registration or place of actual residence, through a multifunctional center or a government services portal in electronic form).
Registration of the application and issuance of a receipt for receipt of documents authorized by the specialist.
Request by the Pension Fund within 5 working days for the information necessary to provide the service as part of interdepartmental interaction.
Providing responses to interdepartmental requests from the Pension Fund within 5 days.
Making a decision based on the results of consideration of the application within no more than 1 calendar month from the date of registration of the application.
Sending a notification to the applicant that the citizen’s application has been satisfied.

Reference! This procedure is preceded by the selection of a suitable property (dacha with the status of an individual residential building) and the conclusion of a purchase and sale agreement for this real estate.

Purchase terms

Parents who are interested in carrying out a contract for the sale and purchase of a dacha must approach the choice of real estate in detail. The house should not only be attractive in appearance and have a convenient location relative to the infrastructure, but also comply with a number of housing legislation requirements:

the site on which the building is erected must belong to the category of land intended for individual housing construction or gardening;
suitability for human habitation;
the structure must be of a permanent nature;
compliance of the home with sanitary standards;
availability of communications or agreements on electricity supply, gas and water supply;
sufficient living space according to standards;
the presence of an address that allows you to identify the location of the object;
admissibility of registration of citizens for migration.

Be sure to read it! Agreement on electronic document management with the Pension Fund of Russia 2020

If one of the characteristics of the premises is missing, maternity capital funds will not be allocated to partially pay for the cost of the house. The possibility of year-round residence of a family in the purchased dacha is a prerequisite for the issuance of a state subsidy.

For your information! If the dacha is not properly registered, but the plot belongs to land allocated for individual housing construction or gardening, you can achieve recognition of the premises as a residential building in court.

Nuances of completing a transaction

To complete a transaction to purchase a summer house, it is necessary to draw up a purchase and sale agreement in a legal consultation or with a notary. Without an agreement, the Pension Fund will not allocate money under the mother’s certificate.

Important! Financial assistance allocated from the state budget to support large families cannot be cashed out.

The transaction itself must be executed in compliance with the following criteria:

address of location of the purchased housing - Russian Federation;
the residential building must be registered with Rosreestr (or there must be a real opportunity to carry out registration actions with real estate);
the seller is obliged to transfer to the buyer all title documents for buildings built on the land plot;
the country house must be in satisfactory condition with communications connected.

After the transaction is completed, all family members become the owners of the dacha.

How to buy a dacha with maternity capital?

Part 4 art. 35 of the Land Code of the Russian Federation establishes that you can buy a house only with the plot on which it is built. Since maternity capital cannot be used to purchase land, in order to buy a dacha, the owner of the certificate can do one of the following :

Draw up one purchase and sale agreement, the price of which will be divided on the:
the cost of the plot - it is paid from personal or credit funds.
Conclude two sales and purchase agreements and use maternity capital to purchase a house.
targeted from a credit institution to purchase a house with a plot. It is advisable that the loan be issued for each object separately . If this cannot be done, then the loan agreement must indicate what part of the funds will be paid for the residential premises and what part for the land.

three years have passed from the date of birth or adoption of the child, with the birth of which the right arose . If maternity capital will be used to repay a targeted loan or loan, then parents have the right to do this immediately after issuing the certificate .

contact the Pension Fund:

to the territorial office in person (through a representative);
by sending notarized copies of documents by mail along with the application;
through the MFC branch;
using the citizen’s Personal Account on the Pension Fund website;
through the State Services portal.

If an electronic application is submitted (via the PFR website or State Services), then the documents must be submitted to the department 5 working days in advance , otherwise the application will be rejected.

Along with the application to the Pension Fund, you must submit following required documents:

Russian passport of the applicant.
Marriage certificate - if the spouse is one of the parties to the transaction or a co-borrower on the loan. It is also necessary to provide his identification card and a document confirming his place of residence.
Russian Federation passport and confirmation of the authority of the legal representative, if the application is made through him.
Permission from the guardianship and trusteeship authorities, if the application is submitted by the adoptive parents or guardians of a minor child.

Depending on the method of purchase, additional documents . In some branches of the Pension Fund of Russia and the MFC, employees may be asked to provide SNILS and a certificate.

Regardless of the chosen purchase method, the Pension Fund will consider the application for a month . If the decision is positive, the Pension Fund will transfer the money to the specified bank account within 10 working days.

According to the purchase and sale agreement

To purchase a dacha using maternity capital under a sales contract, you must first conclude it with the seller. In this case, it does not matter which method the owner of the certificate resorts to, the main thing is that it is indicated that the cost of the house is paid off with maternity capital .

Since the certificate funds are not transferred to the seller immediately, the agreement should be concluded in one of two options:

with deferred payment - part of the cost is repaid from personal funds, and then the MSK is transferred to the seller, and the buyer receives full ownership;
with installment payment - the certificate holder makes an initial payment, and then repays the cost of the dacha monthly. This option should be chosen if the cost of the house is significantly more than the MSC amount.

To issue an order, along with the required documents, you must provide the following :

a copy of the purchase and sale agreement;
an extract from the Unified State Register of Property Rights;
a certificate of the balance of debt if the dacha is purchased in installments;
a notarized obligation to allocate shares if the house has not been or cannot be immediately registered as the common shared property of parents and children.

According to the loan agreement

To purchase a dacha using credit funds, you must contact one of the organizations established by Part 7 of Art. 10 of Law No. 256-FZ to obtain a loan or credit .

From March 12, 2020, in order to use maternity capital for a mortgage, you can apply for an order directly to the credit institution: the bank will transfer the necessary documents to the Pension Fund on its own.

Since this procedure was introduced recently, some credit institutions have not yet established interaction with the Pension Fund. Therefore, in some cases, you can use maternal capital for a mortgage in the old manner.

To do this, you need to contact the bank. Each institution sets the list of required documents independently, but the general list includes:

application form;
Russian passport of the borrower (co-borrower), which contains a registration mark;
a certificate of the balance of MSC funds issued by the Pension Fund of Russia;
certificate for maternal capital;
proof of employment and income.

After the credit institution approves the application, you can contact the Pension Fund.

To dispose of a certificate for an initial payment, along with the required documents, you need to submit :

a copy of the loan agreement (loan agreement);
a copy of the mortgage agreement registered in Rosreestr;
obligation to allocate shares to children and spouse.

Maternity capital can be used to pay not only the down payment, but also the principal debt and interest debt on a previously taken credit or loan. In this case, with the documents from the main list you need to provide:

Buying land mat capital

Advice from lawyers:

1. When buying a house with land for mat capital, you can do without a prenuptial agreement.

1.1. The conclusion of a marriage contract is voluntary and has nothing to do with the purchase of real estate. When buying a house with land for maternity capital, even without a marriage contract, they will be registered as shared ownership of the parents and children.

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1.2. When buying a house, no prenuptial agreement is needed in this case. This is either what the bank requires if there is a mortgage. Or it’s not clear where you got it from.

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2. Is it possible to register mat capital in the name of another person, for the purchase of a house with land?

2.1. Hello! What other person? Maternity capital is issued only for the birth of a second child to the same mother who gave birth to this child.

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3. Is it possible to use a mat. Capital to buy land?

3.1. No, you cannot use it.

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3.2. Hello! No, the land is not reimbursed using MSC funds.

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4. I need the help of a lawyer in buying a house in Novonikolaevka, using swear words. capital. I am in the Murmansk region. You need to check the documents for the house and land to see if they meet the requirements of the Pension Fund. Assistance in concluding a purchase and sale agreement, with the allocation of shares to children and spouse.

4.1. Hello Svetlana In any case, the final decision is up to the employees of the pension fund; you should collect all the documents on the list and provide a draft agreement.

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4.2. Good afternoon You can choose any lawyer on the site and contact us in private messages - Art. 779 of the Civil Code of the Russian Federation. They will check your documents and draw up an agreement.

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5. I want to cash out a regional checkmate. capital by purchasing a dacha and land I have already looked at, but the dacha and land are in a gardening partnership and therefore it is impossible, how can you tell me how to transform this dacha, maybe there are some legal issues?

5.1. There is an option to recognize this house as residential, but it must be capital and suitable for year-round use.

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6. I am studying the issue of involving mat capital in the budget; we are considering the option of building a house on SNT land or purchasing a share in a private house. The question is, is this possible immediately after the birth of the child, or should I wait until the age of three?

6.1. Hello. In some cases, use mat. capital can be provided immediately after the birth (adoption) of a child. For example, in the case of directing maternity capital funds to pay the down payment and (or) repay the principal debt and pay interest on credits (loans) taken out for the purchase or construction of housing (Part 6, 6.1, Article 7 of Federal Law N 256-FZ) . That is, if you take out a mortgage loan, then MK can be used until the child reaches three years of age. At the same time, the use of maternity capital funds to repay the principal debt under a housing purchase and sale agreement before the child reaches three years of age is unacceptable (clause 4 of the Review, approved by the Presidium of the Supreme Court of the Russian Federation on June 22, 2016).

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7. The administration allocated an apartment as a participant in local wars. We stood on the waiting list for 12 years. Can the administration take away the apartment if the capital is used to purchase land for building a house?

7.1. Only if a new one is provided. In 2020, maternity capital can be spent on: improving living conditions (this means buying a home, shared construction, mortgage); So you can't buy land.

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8. I have a share in the house, built by my mother and stepfather at their own expense. capital allocated by court. But they didn’t allocate the land to me, because the land belongs to my stepfather. Now I’m selling it, he refused me in writing to buy my share. But he prevents me from entering this house. He says that the land is his and I can’t go into the house, because I didn’t buy the land from him. What should I do?

8.1. Contact the court to divide the shares in kind.

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8.2. In accordance with paragraphs. 5 p. 1 art. 1 of the Land Code of the Russian Federation This Code and other acts of land legislation issued in accordance with it are based on the following principles: 5) the unity of fate of land plots and objects firmly associated with them, according to which all objects firmly associated with land plots follow the fate of land plots, with the exception of cases established by federal laws. When you were allocated a share in the ownership, you should have been allocated a share in the right to the land.

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9. We bought land with a house with the participation of funds from Mat Capital, the contract states that a mortgage by force of law arises only in relation to the house, since the purchase of land is not provided for under the MK and the land was paid for in cash before signing the contract. Rosreestr suspended it, citing Article 69 of Federal Law 102 of July 16, 1998, they say that a burden should also be imposed on the land, the notary assures that Rosreestr is wrong. Please judge!

9.1. Hello, Lyudmila! To prepare documents, you can contact any lawyer on the site in a personal chat.

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9.2. Hello, Lyudmila! Contact any of the lawyers on the site in a personal message.

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10. We want to buy land for mat capital, but they ask us to issue a power of attorney for the purchase in the name of a stranger.

10.1. Good evening. A power of attorney is issued to a person who will act on your behalf. The power of attorney indicates the powers that you entrust to the person to whom you are issuing the power of attorney. If the power of attorney states that you trust him to purchase property for you, then he will only be able to perform these actions; if it is indicated what to sell, then he, acting on your behalf, will be able to sell your property. When drawing up a power of attorney, be careful about the powers you grant to the principal (receiving money, selling, etc.)

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11. Can my husband use mat capital to purchase land to build a house if the marriage is not registered?

11.1. Good afternoon Maternity capital cannot be used to purchase land! Maternity capital can be used to improve living conditions. Improvement refers to the acquisition or construction of residential premises.

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12. I don’t have my own home. I live in a rented apartment. A month ago I gave birth to my second child. Can I use mat capital right away? To buy a house on land.

12.1. You can use your maternity certificate immediately after the birth of your child to improve your living conditions. True, you can only buy a home either through a mortgage or through a bank mortgage loan. In the first case, you will have to confirm your income, in the second case this is not required, however, and the amount, in case of a positive decision, will be approved for you no higher than the amount of the certificate. In both cases, a mandatory condition of the transaction will be registration of the acquired property in the name of all family members (parents and their children). You can receive a certificate immediately by submitting a package of documents to the Pension Fund and writing an application. You will receive the certificate form in your hands in about a month.

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13. We bought land in 2020, in 2020 we used mat capital to build a house, but did not complete the construction and did not allocate shares, due to the purchase of an apartment. Is it possible to sell the land?

13.1. Register ownership of the unfinished construction, allocate shares and sell, otherwise questions may arise; in general, you can allocate shares in the apartment, but since... the certificate is provided by the pension fund, you need to contact them with a question about the use of capital in the apartment and the allocation of shares in order to sell the land without shares, because it must be their decision to change the object to which the mat is allocated. capital. There are differences in this issue between regions.

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14. In this situation, we signed an agreement to receive a loan against mat. capital. To buy a house and land. The contract states that after signing the money will be credited to our account within 10 days. But the money is still gone, and they will receive money from the capital in May. The numbers are 7.8. and they say that the banks are supposedly delaying this for so long. Are we really being deceived?

14.1. Hello Irina, you are being deceived. If you want to be sure, ask for a payment order to transfer funds to you with a bank mark.

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15. My mother made a gift of 1/2 of the house and land to her grandson, i.e. my son, there is an unregistered residential extension to the house, everyone is registered in this house. Is it possible in our case, without violating the law, to use mat capital to improve living conditions or buy part of the house from the mother?

15.1. Good afternoon, of course, try, in any case, the final decision is up to the employees of the pension fund.

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16. The son has a share in the house and a share of the land allocated when purchased for mat capital. It is registered with me, I am the owner. In case of bankruptcy, will his share be put up for auction?

16.1. If he has a share, then he is not the owner in this sense, or he will be given compensation in proportion to his share, if he has a share and he is not the owner, then he does not have a share, it is yours and he is simply an heir in this case, but your property will all go under the hammer.

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17. I bought a piece of land. As it turned out later, a high-pressure gas pipe was laid in the middle of the site. At the time of purchase, the realtor kept silent about this. So what's now? The plot was purchased for mat. capital. We have to build a house, and there is an exclusion zone of 14 meters. The plot is 40 by 30 meters.

17.1. Hello, you can try to terminate the purchase and sale agreement in accordance with Article 450 of the Civil Code of the Russian Federation, if you are sure that the seller will return your money. Good luck and all the best.

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18. If my wife and I received mat capital for our second child and used it to buy housing, are we entitled to land for his 3 children?

18.1. Hello. Some subjects of the federation, in order to improve the situation of this category of citizens, issue a free plot of land for the third child. The list of regions hosting events according to which a plot of land is allocated for a third child is constantly expanding. The specific conditions of the program in 2020 should be checked with local governments.

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19. We took out a mortgage to buy a house using mat. capital. Husband is a borrower, wife is a co-borrower. The mortgage has been paid off. House and land for husband. My husband has an apartment, and he and I decided that this house would belong to his wife and children. How do I need to reissue documents? What are the options? So that after we re-register, the wife will allocate the shares to the children. The husband himself refuses the share and management. Thank you for your attention.

19.1. According to Part 1, 2 Art. 34 of the Family Code of the Russian Federation dated December 29, 1995 N 223-FZ, property acquired by spouses during marriage is their joint property. In accordance with Part 2 of Art. 38, the common property of the spouses can be divided between the spouses by agreement. An agreement on the division of property acquired by spouses during marriage must be notarized. In your situation, the following option is possible. In the right to a house and land, separate out the marital shares by an agreement on the division of common property (house and land). After state registration of rights to shares by you and your spouse, you will be able to accept your spouse’s share as a gift by concluding an appropriate gift agreement. The spouse can also immediately donate his share not only to you, but also to your children, distributing it as he wishes or as agreed.

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20. We drew up a land lease agreement, the documents were drawn up as the purchase of land with a foundation for construction, now after receiving the mat. capital I must return the land. Is it possible in the future to allocate shares to the children in the apartment that I own, I am the mother, are they only registered there?

20.1. Hello, Who should you return what to? YOU received maternity capital to build a house and if you don’t build the house, you will have problems, including the initiation of a criminal case. I wish you good luck and all the best!

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I am buying a house, it is detached, but the land on which it stands is divided into 1/2 and 1/2.

If I want to use maternity capital to buy land and an apartment, can my ex-spouse (we are not divorced now, but we do not live together)

Is it possible to purchase a private house through mat capital while the land is being demarcated?

What could be the consequences of buying an apartment on land with an illegal extension?

We want to buy part of a house for (mat capital), a two-family house. They have two different cadastral numbers, the land is divided.

The purchase of a house will be carried out according to mat capital, the house is considered as an apartment building, and the land is shared, is it possible to buy this house.

We want to buy 1/4 of the house, the house is private, it is considered as an apartment building, the land is shared, is it possible to buy with mat capital.

Why, when buying a house with land, should I allocate shares to my children and husband not only of the living space, but also of the land?

My husband and I are planning to buy a house with land from his stepbrother with the help of mat.

Describe your situation in general terms. Is it possible to buy for swearing? capital country house, according to documents registered as a residential building, land for gardening.

I live in Omsk. My brother and I want to buy a plot of land of 4 acres for the construction of a house for 2 families.

Matkapital for the construction of a dacha without waiting 3 years

According to parts 6 and 6.1 of Art. 7 of the law on maternity capital, its funds can immediately be used to pay off loans and loans for housing construction, in other cases you need to wait three years from the birth (adoption) of the second child.

You can pay with maternity capital the down payment, the principal debt and interest on the loan (loan), penalties and fines cannot be repaid . You can also pay off a targeted refinanced loan.

From March 12, 2020, in order to use maternal capital for a mortgage, an application for disposal can be submitted directly to the credit institution. After which the bank will independently send the necessary package of documents to the Pension Fund, and it will review them within the prescribed period.

To pay the initial contribution with maternity capital, in addition to the main documents and the obligation to allocate shares, it is necessary to provide the Pension Fund with copies of:

credit agreement (loan agreement);
a registered mortgage agreement, if the loan or loan is issued secured by real estate;
building permits or notices;
construction contract.

To repay the principal debt and interest on a loan to build a house with maternity capital, you need to attach the following to the required documents and application to the Pension Fund:

a copy of the loan agreement;
a copy of the mortgage agreement registered in Rosreestr, if the loan is a mortgage;
a certificate from the creditor about the unpaid debt and interest;
an extract from the Unified State Register of Real Estate, if the house is completed and put into operation;
a copy of the notice or building permit if the house has not yet been completed;
notarial obligation to allocate shares to the spouse and children.

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 permissible to use funds to build a house on a summer cottage?

Law No. 256-FZ, in paragraph 2, part 1, allows family capital to be spent on the construction of an individual residential building, which is carried out without the involvement of third parties. Consequently, independent construction can be carried out at the expense of state support, but only on those lands that are intended for individual housing construction.

Signs of a garden plot of land, defined by Art. 3 of Law No. 217-FZ, does not imply the possibility of erecting real estate objects on it, including residential buildings.

And the garden land plot allows capital construction on it; in particular, its intended use can be individual housing construction. This means that MK can be used to build a house on a garden plot if there is an issued building permit.

Construction in SNT with the involvement of a contractor

Maternity capital funds can be spent on the construction of a residential country house in SNT with the involvement of a contractor , which is a legal entity. Based on clause 10 of the rules for disposing of funds, it is necessary to provide the following documents , in addition to the main ones:

an obligation certified by a notary to allocate shares to family members.
a copy of the contract with a legal organization for contract construction work;
documents confirming the right of the certificate owner or his spouse to carry out construction work on a certain site (extract from the Unified State Register or others);
a copy of the construction permit or notice of the object’s compliance with the requirements of individual housing construction status.

As with DIY construction, when engaging a contractor, it is necessary to allocate shares no later than 6 months from the date of receipt of notification of the compliance of the constructed housing with the requirements of the legislation on urban planning or the commissioning of the house.

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:

the date of actual construction of the facility must be no earlier than January 2007 (when the family capital program came into force);
the application for compensation followed after the second child reached the age of three;
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.

How to receive compensation for a built dacha?

compensation from the capital . To obtain it, housing must meet the requirements of paragraph 10(4) of Resolution No. 862, namely:

the premises were built on their own (the Pension Fund of the Russian Federation may approve the use of maternal capital for compensation during the construction of a house by a contractor, but this issue must be clarified with the fund’s specialists);
comply with the requirements of urban planning legislation as an individual housing construction project;
ownership was registered no earlier than January 1, 2007.

To receive compensation for building a house, in addition to basic documents, you must provide the to the Pension Fund:

an extract from the Unified State Register of Real Estate on the rights to a country house;
notarial obligation to allocate shares;
a copy of the document that confirms the ownership of the plot (registration certificate or extract from the Unified State Register), the right to lease, inheritable ownership, perpetual or free use;
details of a current account opened with a bank.

Within 6 months from the date of receipt of compensation, the certificate holder is obliged to allocate shares to family members.

If, at the time of filing an application for compensation of funds in the built house, shares have already been allocated to spouses and children, such a notarial obligation does not need .

Options for purchasing land using maternity capital.

Since the purpose of the law on state support is to ensure a decent life for families with children, it will not be possible to purchase land exclusively.

You will need to make a choice:

or buy land with a house (residential building);
or purchase a plot for construction.

How will the transaction be carried out?

The deal will go like this:

After receiving the certificate, it is necessary to begin processing all accompanying documents to enter into ownership and to confirm the fact of purchase.
Sending certifying certificates and confirmations to the Pension Fund for the transfer of funds to the seller’s account.
Completion of the transaction and entry into ownership rights.

Is it possible in the future to sell a dacha purchased with maternal capital funds?

A dacha built or purchased with the participation of MK funds has the status of a residential building, which means its sale is carried out according to general rules. The legislator allows purchase and sale transactions with such real estate, but the sale of children's shares will require the consent of the guardianship and trusteeship authority.

Consent of guardianship can be obtained only if, instead of the share being sold, the minor child must receive no less than a share in the newly purchased housing. Or, proceeds from the sale must be transferred to the bank accounts of minor children (but this method is used much less frequently).

Thus, you can buy a dacha on MK, but only if it is built on a garden plot of land and has the legal status of an individual residential building. The concept of a dacha is not regulated in current legislation, but a garden house is not residential, which means it cannot be purchased using family capital.

Two forms of maternity capital

Capital of this kind is determined by its form - federal or regional. The rules for their receipt and distribution are different.

For example, federal maternity capital is prohibited from being used to purchase land. At the same time, it is convenient for building your own home or purchasing a ready-made home.

Allowed at the expense of such capital:

house reconstruction;
participation in shared construction;
mortgage.

Regional maternity capital in some regions of the Russian Federation is allowed to be used for the acquisition of land. It is also possible to take out a loan from some banks to purchase land and unfinished housing.

Arbitrage practice

When analyzing court decisions taken in order to resolve conflicts between citizens and government bodies, one can note the predominant number of disputes in connection with a negative decision in issuing the amount of maternity capital. Most often, applicants appeal the decisions of the Pension Fund through legal proceedings. Until 2020, courts made refusal decisions on civil claims.

In 2020, the Moscow City Court considered the appeal of R.O. to the Pension Fund. R.O. purchased a plot of land and a two-story house located on it. According to an extract from Rosreestr, the purchased residential premises, located on the garden plot of the Lesnye Dali partnership, do not allow the owner to register citizens there.

According to Part 2 of Art. 8 of Federal Law No. 256, this was the basis for refusing to allocate a subsidy. By appeal ruling dated October 20, 2017 No. 33-43435/2017, complaint R.O. was left unsatisfied.

A similar decision was made by the Sverdlovsk Regional Court on September 14, 2018 regarding the appeal of G.N. and G.A. to social security authorities. The controversial object was a garden plot purchased by parents of minor children for farming and construction of a residential building in the future. The possibility of compensating the costs of purchasing land using maternity capital has not been established in court.