How to build a house using maternity capital

One of the most popular placements of maternity capital is the investment of financial resources in improving housing conditions. Building a house or purchasing your own apartment is an excellent direction for this type of financial assistance from the state.

If you choose to build a house, you can use maternity capital immediately without waiting until the child turns three years old. Even loans can be repaid using the funds of this assistance, but only with the correct execution of the relevant documentation.

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 constructed house does not violate the law and that the Pension Fund will allocate funds to the family. Source vekovnik.ru

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 the use of 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. Source chance.ru When signing a construction contract, the document must include a clause on the payment of part of the money using maternity capital (if necessary family), and also indicates the construction period. 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.

See also: Catalog of companies that specialize in payments with maternity capital.

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

The law provides for many restrictions regarding the use of capital for the construction of a residential building.

According to Art. 10 of Federal Law No. 256-FZ of December 29, 2006 “On Additional Measures to Support Families with Children”, using the certificate, it is allowed to build only an individual housing construction project (IHC) - a detached residential building up to three floors high, intended for one family. In this case, the house must be a residential premises , that is, comply with the requirements of Section II of the Decree of the Government of the Russian Federation No. 47 dated January 28, 2006 “On approval of the Regulations on the recognition of premises as residential premises...”, namely:

• The individual housing construction project must be located in a residential area .
• Construction of a house is allowed only on a foundation and with load-bearing walls.
• Supporting structures must be in working condition. Destructions and damage leading to deformation and deterioration of service properties are not allowed.
• The residential premises must be equipped with engineering systems (electricity, water supply, heating and ventilation). In settlements where centralized engineering networks are not laid, it is allowed that there is no water supply, sewerage or gas supply in the house.

In this case, use mat. capital is allowed only for houses built on plots suitable for individual housing construction. When applying for the allocation of funds from family capital, you must provide permission to create an individual housing construction project , and it is issued to build a house on land with the following types of permitted use (AUR):

• Individual housing construction (IHC) is a territory intended for the construction of residential buildings, cultivation of agricultural crops, placement of garages and ancillary buildings (see the description in the order of the Ministry of Economic Development of September 1, 2014 No. 540).
• Personal subsidiary plot (LPH) - land plots intended for the construction of a residential building, production of agricultural products, keeping farm animals, as well as placement of a garage and other auxiliary buildings (see more details).

From January 1, 2021, the opportunity to build a residential building is legally extended to garden (dacha) land plots , thanks to which Russians have the opportunity to build residential buildings and register for permanent residence in the country.

Photo pixabay.com

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

Dacha houses are considered to be houses that were built on the territory of horticultural and vegetable gardening non-profit partnerships (SNT and ONT), dacha non-profit partnerships (DNP), etc. It is impossible to create individual housing construction objects in such areas. This means that it will not be possible .

However, from 01/01/2019, Federal Law No. 217-FZ of 07/29/2017 “On the conduct of gardening by citizens for their own needs...” came into force, which introduces many important changes:

• the concept of “dacha” no longer exists at the legislative level;
• it has become possible to build a residential house on a garden plot of land , if the structure being constructed is not: a garden house - a building for which a building permit is not required, intended for seasonal use, satisfying household and other needs related to the temporary stay of citizens in it;
• economic building - this concept, in accordance with the new law, includes various structures and buildings for economic purposes (sheds, greenhouses, sheds, bathhouses, etc.).

Thanks to the adopted innovations in 2021, Russians have the opportunity to legally use maternity capital to build a house on a dacha plot (it will simply cease to be a “dacha plot” as such, but will become a garden plot - SZU).

General algorithm of actions

1. Select a suitable plot of land.
2. Conclude an agreement with a contractor.
3. Contact the Pension Fund with a package of documents.
4. Wait for a positive decision and transfer of money to the construction organization.
5. construction .
6. Signing by the customer of the work completion certificate.
7. Confirmation of the targeted expenditure of maternity capital in the Pension Fund: provision of a certificate of completion of work, distribution of the property share among 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 Source restate.ru

Possible options

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 in 2018).

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

Renovating an existing house

Maternity capital funds can be spent not only on the purchase of a finished house, the construction of a new one, but also on the reconstruction of an existing residential area. In this case, it is necessary to obtain permission to carry out reconstruction, with mandatory confirmation of ownership. It is worth mentioning that the right to the house, which is necessary for reconstruction, should be obtained no earlier than the beginning of 2007.

Placing maternity capital in this case does not mean easy repairs such as painting walls or re-gluing wallpaper. Sufficiently global construction work must be carried out, increasing the usable living area. Additional rooms can be built, or the number of floors in the house can be increased.

The work can be carried out either in-house or with the involvement of third-party companies offering construction services. Maternity capital funds will be transferred in installments. The final payment can be made only upon completion of all work with the obligatory receipt of a certificate indicating the completion of the reconstruction of the facility.

If the total usable area after reconstruction has not been changed, or has generally changed to a smaller extent, certification may not be obtained, then maternity capital funds will not be transferred.

There are a number of other cases when money can be withheld:

• If construction or reconstruction work is not fully completed.
• In the event that a parent has committed unlawful acts against a child.
• If the date of birth of the child is deliberately manipulated.

It is worth remembering that this definition of cash gives the right to a property deduction when reporting taxes. Using maternity capital to improve your own living conditions (building a house, reconstructing it) is a good method of using financial assistance from the state.

Video description

Step-by-step visual instructions for using maternity capital to build a house with a list of documents and organizations to contact are offered in the following video:
For example, a family of 5 people lives in a one-room apartment, or there is enough living space, but it does not belong to any of the spouses ( live with relatives/rent housing).

Next, you need to show that building a house will actually improve the family’s living conditions: each child will have their own room (for example) and a property share. The parent draws up the last obligation and has it certified by a notary, and comes to the Pension Fund with this document. PF employees are shown an agreement with the contractor, a house plan, a building permit (if it already exists), and approval from all engineering authorities.

After this, Pension Fund employees carry out a commission verification of the authenticity of the data - all documents being prepared (if this is just the beginning of construction), the land plot. If the house has already been built, it and all the papers and the certificate of completion of work are checked.

Required documents

What needs to be provided to the PF if the family just wants to build a house, and for this they need maternity capital funds:

1. Certificate of ownership of the land (long-term lease agreement) on which the house will stand. It must be issued to the owner of the certificate (mother) or legal husband.
2. Construction permit.
3. Bank account details of the construction company, which in the contract indicated the possibility of paying it with maternity capital funds, the contract itself.
4. An obligation executed by a notary, which states the allocation of equal shares in the future house for all family members (and minor children too), no later than 6 months after receiving the cadastral passport.
5. Targeted loan agreement (if one was drawn up), a certificate of transfer of the loan and the amount of debt.
6. Maternity capital certificate and owner's passport.
7. Birth certificates of children.

The legislation provides for two forms of using maternity capital for the construction of a house (before the start of construction and compensation for expenses on an already built object) and for each case the necessary documents are provided to the Pension Fund Source ysad.ucoz.ru
What needs to be provided if a family declares the need to compensate expenses for an already built project completed construction (except for documents from the list above):

• Marriage certificate;
• SNILS of the applicant;
• certificate of completed construction work;
• a copy of the bank agreement on opening an account where the maternity capital money will go;
• extract for a residential building from the Unified State Register of Real Estate.

Next, the owner of the certificate writes an application to the Pension Fund with a request to provide maternity capital funds as compensation for an already built house. The employee who accepted the application writes a receipt confirming receipt of the full list of documents and indicates the period for consideration of the application. The law allocates 30 calendar days for these purposes.

The consequences of a house built using the amount allocated for maternity capital, even if it does not cover half of the construction costs - another happy family that has improved their living conditions Source zen.yandex.ru

Attracting construction organizations

If the house will not be built on its own, but with the involvement of companies offering construction services, it is necessary to conclude a mandatory contract. This agreement will be submitted along with the application for the transfer of maternity capital. It is also mandatory to provide an undertaking stipulating the registration of the finished house for all family members with equal shares.

Maternity capital funds will be transferred directly to the contractor. The owner is not required to submit any reports upon completion of construction work.

Bonus

The amount allocated for maternity capital, even after indexation, cannot cover even half of the construction costs. However, parents can expand the budget somewhat - the Government of the Russian Federation provides programs for regional maternity capital.

Each locality has its own amount that parents and children can receive in addition to the state-level Family Maternity Capital. The purposes for using funds are usually the same. Only the amount provided and the conditions (number of children) differ.

The procedure for building a house using maternity capital

To use MSC funds for the construction of a house, it is necessary to fulfill the mandatory conditions defined by paragraphs 10 - 10(4) of the Russian Government Decree No. 862 dated December 12, 2007 on the rules for using a certificate for improving housing conditions:

• the individual housing construction facility must be located on the territory of the Russian Federation ;
• existence of ownership rights (lease, perpetual use, inherited possession, lease or gratuitous use) of the recipient of the certificate or his spouse to the land plot;
• obtaining a construction permit from local authorities;
• the constructed residential premises must be registered as the common shared property of the spouses and all children;
• in case of receiving compensation for already completed construction, the ownership of the constructed residential building according to an extract from the Unified State Register of Real Estate must arise no earlier than January 1, 2007 .

To manage maternity capital funds for building a house, you need to contact the Pension Fund (PFR) branch at your place of residence after the child turns 3 years old . The certificate holder must prepare an application for disposal and also provide the necessary documents.

Maternity capital for building a house without waiting 3 years

The legislation does not directly provide for the disposal of maternal capital for the construction of an individual housing construction project without waiting for the child to turn 3 years old. However, you can receive certificate funds ahead of schedule if you take out a loan to build a house using maternity capital.

If the applicant intends to send money to pay the down payment , the following must be provided to the Pension Fund branch:

• a copy of the loan agreement or loan agreement for housing construction;
• a copy of the mortgage agreement (if such a conclusion is provided for).

Documents required for sending funds. capital to repay the principal debt and interest on a loan or loan for construction:

• a copy of the loan agreement;
• a certificate from the creditor about the balance of the principal debt and interest debt;
• a copy of the mortgage agreement (if such a conclusion is provided);
• extract from the Unified State Register of Real Estate (USRN);
• a copy of the house construction permit;
• confirmation of receipt of the loan through a cashless transfer to the bank account of the certificate owner or his spouse.

Families can dispose of capital in this direction even if the loan was received before the birth or adoption of a child, with the birth of which the right to maternity capital arose.

Documents for building a house for capital

When applying to the Pension Fund of Russia, along with an application for disposal, the owner of the certificate for MSC must provide a basic and additional list of documents, which depends on the method of building the house (construction of an individual housing construction project on one’s own, with the involvement of a contractor, or receiving maternity capital for an already built house).

The main list of documents according to Decree of the Government of the Russian Federation dated December 12, 2007 No. 862:

1. Certificate for maternal capital or its duplicate.
2. Identity card of the applicant and his place of residence.
3. Certificate of pension insurance of the certificate holder (SNILS).
4. Marriage certificate - if one of the parties to the transaction or obligations for the construction of housing is the spouse of the certificate owner, or if the work on building the house is carried out by him independently.
5. If the applicant’s authorized representative applies for the order, it is necessary to additionally provide documents proving his identity and authority.
6. A copy of confirmation of ownership of the recipient of the certificate or his spouse of a land plot for building a house or documents confirming rights:
   permanent use;
7. lifelong inheritable ownership;
8. land lease;
9. free temporary use.
10. Notarized obligation to register the individual housing construction project as common shared ownership for each family member (spouses and children) within 6 months after:
    obtaining a cadastral passport for a house - during construction on your own;
11. putting an individual housing construction project into operation - if a contractor is involved;
12. transfers of maternity capital funds by the Pension Fund - when using MSK as compensation for costs for already completed construction.

All copies of documents are provided only accompanied by originals . After verification, the originals will be returned to the applicant.

If a positive decision is made on the appeal, then the maternity capital funds will be transferred no later than one month and ten working days from the date of registration of the application.