Improving housing conditions with the help of maternal family capital (MFC) often causes difficulties for families both in purchasing housing and in selling it. Experts interviewed by the RIA Real Estate website analyzed several stories and, using their examples, explained what pitfalls should be expected and how to act if you encounter problems.

Spending on goals

The maternal family capital program (MSC) in Russia has been extended for two years, and by law, families in which a second or subsequent children will be born or adopted up to December 31, 2018 inclusive, have the right to receive it. The amount of payments in 2016 is 453 thousand rubles, next year it will increase to 480, and in 2018 - almost 505 thousand rubles. Maternity capital funds can be used to improve housing conditions, educate a child, provide a mother with a pension, or rehabilitate a disabled child.

As noted by Est-a-Tet, the first option is the most popular. The law allows MSC to be spent on the construction or reconstruction of an individual housing construction project, on the acquisition of residential premises or a share in it, notes Oksana Krasovskaya, leading lawyer of the European Legal Service.

How to improve living conditions with the help of maternity capitalFor more than nine years now, Russian families in which a second and subsequent children are born or adopted can receive a gift from the state in the form of a certificate for maternity capital. The RIA Real Estate website decided to remind readers how to act correctly if a family decides to use maternal capital to purchase a new home.

Also, allocated funds are allowed to be used for participation in shared construction or as an entrance fee as a participant in housing cooperatives. According to the managing partner of Metrium Group, Maria Litinetskaya, the certificate can be used as a down payment on a mortgage, as well as partial early repayment of a loan and payment of interest on such loans.

Not an easy purchase

Realtors recall cases when families encountered difficulties when using maternity capital.

For example, the Miel-Novostroiki company talks about a situation where a woman was planning to buy an apartment from a private investor in a new building using maternity capital, which at that time had not yet been completed, and she was worried about whether any difficulties might arise. It was assumed that the purchase would be made by bank transfer, not with a mortgage.

In her case, we are talking about such a complex concept as an agreement on the assignment of rights under an agreement for participation in shared construction. “Formally, it turns out that she, as the final buyer, using maternity capital, must transfer funds to an individual for the purchase, but there is no completed property. The Pension Fund has an unequivocal position that such a situation is unacceptable,” explains the general director of the Miel company -New buildings" Natalya Shatalina.

According to her, there is an extremely high risk that during the transaction the woman will receive a refusal from the Pension Fund to transfer maternity capital funds. But there is also judicial practice indicating that permits were nevertheless issued.

If a person does not want to waste his time, money and nerves on legal proceedings, Shatalina recommends looking for another property to purchase. “At least, if you are interested in buying an apartment in a new building, then you need to make a transaction with a legal entity, that is, with the developer,” she says.

Mortgage option

Another example of a difficult situation. A young family with two children, who do not have their own living space or funds for a down payment, decided to take out a mortgage for an apartment worth 3.7 million rubles using MSC. They looked at an option in one of the residential complexes in Moscow, but today the house has not been built either - the foundation is being poured. The main question is whether it will be possible to attract a certificate?

“The new building is at the initial stage of construction, which means that it is still accredited in a small number of banks, and, most likely, these will not be the largest banks. But not all banks are ready to consider maternity capital as a down payment, and if they do , then the amount of maternity capital should not be less than the amount of the minimum down payment at the bank, as a rule, it is 20% of the cost of the apartment,” says the Miel-Novostroika expert. The company also notes that some banks are ready to provide a mortgage loan for the purchase of an apartment in a new building at the initial stage only with additional security, for example, in the form of a pledge of an existing apartment or a guarantee. This is a deterrent for 90% of potential borrowers.

“In our specific situation, the reader indicates that the cost of the apartment is 3.7 million rubles, therefore, the amount of the down payment should be at least 740 thousand rubles. At the same time, maternity capital this year is 453 thousand rubles. And this means that all the same there will be the necessary own funds in the amount of 287 thousand rubles,” Shatalina draws attention.

The expert also advises asking banks if they provide more affordable conditions for a young family—this is common practice. As a rule, this is just a reduced amount of the down payment, which can be reduced to 10% of the cost of the apartment.

Child in the share

“There is an opinion that banks are reluctant to give loans for apartments where minor children are registered as the owner, since it is almost impossible to sell a mortgaged apartment with such an owner,” says Vera Bogucharova, deputy head of the legal department of Est-a-Tet. According to her, this This is a rather exaggerated myth, since matkapital was originally intended to be used for a mortgage. When buying an apartment, banks calmly lend to such borrowers. However, they have to wait a little longer for the approval of the application - about 1 month.

It’s another matter if the apartment is bought with a mortgage not on the secondary market, but in a new building, they say at Est-a-tet. The fact is that while the construction project is not completed and there is no ownership right to it, the subject of collateral will not be the real apartment, but the right of claim for which the child cannot be held liable in case of non-payment of the loan. Therefore, Est-a-Tet experts do not advise including a child in the document, and the bank may not approve the loan because the child cannot agree on the transaction.

At the same time, Bogucharova notes, the child’s share when purchasing an apartment with maternal capital must be registered within 6 months after signing the transfer and acceptance certificate of the new building. Moreover, after this period, ownership must be registered in the name of all family members, that is, the spouse as well.

Subtleties of selling

Bogucharova warns that in the event of a divorce between spouses and the division of real estate acquired with the help of maternity capital, most often the spouses agree on an additional payment by one of the spouses for the share of the other spouse, so that the apartment is completely registered in the name of one spouse, who will then repay the loan.

“If the spouses want to terminate the contract with the developer, then with the permission of the pension fund, they can return the funds to the mother’s account,” she says.

If they want to sell an apartment purchased with the help of MSK, by assigning the rights of claim under the DDU, the shareholders will also have to agree on this with the pension fund, which will most likely refuse such a transaction. This must be taken into account when buying an apartment in a new building and intending to resell it to register ownership.

Many families urgently need to improve their living conditions after the birth of a child.

How to successfully use maternity capital for this?

The Novokhat website offers a list of residential complexes that accept funds from maternity capital as payment. We offer dozens of excellent options for new buildings with maternity capital in different areas of St. Petersburg. Among them you will certainly find a suitable apartment for your family.

Maternity capital for buying an apartment: how to use it?

If you are going to buy an apartment in a new building, you can use MSC funds for:

• Installment payments;
• Early repayment of an already concluded mortgage agreement;
• The down payment on a new mortgage.

How to buy a new building with maternity capital: what do you need to know?

1. You can use MSC funds for a purchase or a down payment on a mortgage, regardless of whether the house has been delivered or is just under construction.
2. To purchase an apartment, you need to either join a housing cooperative or enter into an equity participation agreement (DPA) with the developer. To do this, the charter of this company must provide for the possibility of purchasing with maternity capital funds.
3. All family members who will have a share in the apartment must be included in the share participation agreement. The agreement must be registered with the state registration service.
4. At the time of purchasing an apartment, your second child (for whom maternity capital was issued) must be 3 years old. On the other hand, you can postpone the use of MSCs for a long time, even until the child is 20 years old.
5. Most often, maternity capital is used for a down payment on a mortgage loan. If you decide to manage your money this way, you need to find a suitable bank and confirm your income. The pension fund transfers money to the bank after the sale of the apartment, and not earlier than 2 months after submitting your application to the Pension Fund. It is important to remember that from the registration of the mortgage to the transfer of the entire amount, two loans are actually issued to you: for the amount and for the apartment.

Buying good housing with maternity capital in St. Petersburg is certainly not an easy task. But, having at hand an extensive database of suitable housing under construction from the “site”, you will be able to effectively implement your certificate and purchase the desired apartment.

Using maternity capital in St. Petersburg for an apartment in a new building is quite possible!

Maternity capital for shared housing construction in apartment buildings allows the use of Art. 10 of the Federal Law of December 29, 2006 No. 256-FZ “On additional measures of state support for families with children.”

Issues of shared participation in the construction of apartments in apartment buildings are regulated by Federal Law No. 214-FZ of December 30, 2004 “On participation in shared construction of apartment buildings and other real estate and on amendments to certain legislative acts of the Russian Federation.”

Shared housing construction is a system that allows developers to attract funds from the population for the construction of apartment buildings, and for citizens to purchase cheaper housing compared to the secondary real estate market.

The main parties to shared-equity housing construction are the developer and the participant in shared-equity construction, who have agreed and entered into an agreement for participation in shared-equity construction, according to which the developer undertakes to build an apartment building within the period stipulated by the contract on his own or with the involvement of other organizations and after receiving permission to put it into operation transfer the shared construction object to the shared construction participant, and the shared construction participant undertakes to pay the contract price and accept the shared construction object.

Certainly. Maternity capital can be used when obtaining a loan for housing or to repay a loan taken out before the birth of the second child when there was no right to receive maternity capital...

The general package of documents that must be provided to certificate holders to the territorial body of the Pension Fund of the Russian Federation when sending funds from maternal (family) capital (MSC) to improve housing conditions is established by part 6 of the Rules for sending funds (part of funds) from maternal (family) capital to improving housing conditions ( hereinafter referred to as the Rules), approved by Decree of the Government of the Russian Federation of December 12, 2007 N 862, and includes...

Many families who decide to use maternity capital to improve their living conditions spend it on purchasing an apartment in a new building. BN looked into what you need to know.

For a mortgage

Maternity capital is received by families with at least two children. A certificate confirming the right to receive a subsidy is issued by the Pension Fund. A month is allotted for its registration from the moment of submitting the necessary documents (BN previously spoke in detail about how to obtain a certificate).

According to statistics, the vast majority of owners of maternal capital spend it on the purchase of housing, both finished and under construction - both are possible by law. About a third of citizens prefer new buildings.

The only “but”: the subsidy cannot be used to purchase apartments, since they are non-residential premises. But housing in a new building can be purchased under any scheme that complies with 214-FZ “On participation in the construction of apartment buildings...”: the housing cooperative mechanism or an equity participation agreement. True, even the cheapest apartment on the primary market of St. Petersburg cannot be purchased only with the help of maternal capital. Thus, in 2014, the subsidy amount was 429.4 thousand rubles. (this figure is indexed every year). Therefore, citizens most often use this money to pay for a mortgage loan - maternal capital funds can be spent on a down payment, payment of principal or interest on the loan.

As Sergei Stepanov, sales director of Stroitelny Trest CJSC, clarified, maternity capital funds can also be spent on repaying a housing loan that the family took out several years before the birth of the second child - Law No. 256 allows this.

State subsidy funds are prohibited from being used to pay off penalties and fines on housing loans.

According to Sergey Grebenyuk, head of the mortgage department of the new buildings department of NAI Becar in St. Petersburg, the scheme for purchasing real estate on credit using materiel is as follows. First, the borrower applies to the bank for approval of a mortgage loan, then to the Pension Fund, where he submits an application for the provision of maternal capital for the purchase of housing. The fund transfers the subsidy to the bank, which, in turn, transfers the funds to the developer.

“In these cases, the company does not actually participate in settlements between the buyer, the Pension Fund and the bank, but only receives funds from the latter,” states Elena Lashaeva, General Director of the ARIN Academy of Sciences. That is, the developer, in fact, does not care whether the buyer uses maternal capital funds or buys an apartment with his own funds.

And in installments

The law also allows you to spend maternity capital funds to pay in installments when purchasing housing in a new building. At the same time, as Vladimir Trusov, head of the mortgage and housing programs group at Lenstroytrest CJSC, explained, during the installment plan period the child at whose birth the subsidy was received must turn three years old.

The law does not oblige construction companies to work with maternity capital. Many developers prefer not to deal with government subsidies at all

However, not all developers are ready to accept maternity capital funds as payment in installments. The law does not oblige construction companies to work with government subsidies, so many prefer to sell apartments exclusively for real money. The problem is that the Pension Fund transfers funds with some delay, which on average is one and a half to two months from the moment of concluding a DDU or accumulation agreement with the buyer. And if there are two applicants for an apartment, most likely the developer will prefer the one who does not plan to use government subsidies in the calculations.

Companies that agree to take capital to pay in installments, on the contrary, talk about the effectiveness of this system. “The use of state subsidies when completing a transaction minimizes the possibility of its further termination. In addition, amendments were recently made to Federal Law 256 to remove the requirements for new buildings - previously it was necessary for the house to be at least 70% complete. It must be remembered that if housing is purchased in a house at the initial stage of construction, the purchase in any case must be agreed upon with the Pension Fund,” said Nadezhda Kalashnikova, development director of the L1 company.

In some cases, developers are even ready to reserve the apartment they like until they receive capital. “We are often contacted by those who are just planning to apply for a subsidy. In such cases, we make a deferment while the family receives maternity capital, and only then arrange an installment plan,” says Roman Miroshnikov, executive director of the Oikumena company.

Spouses or parents?

After putting the house into operation, apartments purchased using maternal capital must be registered as the property of parents and their children (requirement of part 4 of article 10 of Federal Law-256). Decree of the Government of the Russian Federation No. 862 gives a different interpretation: real estate must be registered in the joint ownership of children and spouses (it is implied that the relationship between the parents must be formalized).

But what if the child’s father is not legally married to his mother? The pension fund may refuse to allow such a family to use maternity capital funds to purchase housing - there are already precedents. However, according to Alexey Komarov, a notary of the Notary Chamber of St. Petersburg, this position contradicts Article 38 of the Constitution of the Russian Federation, according to which motherhood, childhood and family are under the protection of the state. It’s another matter when the child’s father divorced his mother and lives separately, but at the same time wants to become a co-owner of the property being purchased. “Judicial practice clearly states that maternity capital funds are not the joint property of former spouses,” says Alexey Komarov. Moreover, as the notary said, if a woman remarried, her new husband cannot claim a share in the property rights. “The provision of maternal capital is a measure of state support for families with children. And by family we should mean children and their parents who live together,” says Alexey Komarov.

Finally, the question arises: how exactly should the right to housing purchased using maternal capital be formalized? Federal Law 256 states: shares must be distributed “by agreement” of the spouses. But in practice, this formulation raised many questions - in particular, it was not clear in what proportions they should be distributed.

Real estate purchased with the help of maternal capital must be registered as the common property of parents and children. Shares are distributed by agreement of the spouses

And only in June 2011, the Ministry of Economic Development of the Russian Federation published clarifications according to which shares in the right to residential premises purchased through the use of maternal capital should be determined on the basis of a written agreement of all capable family members. That is, the issue is resolved at their discretion. The agreement only needs to provide for the possibility of reducing or redistributing shares in case another child is born into the family after purchasing the apartment. The document must be certified by a notary and submitted to the branch of the Pension Fund of the Russian Federation.

Over time, the authorities promise to expand the possibilities of using maternity capital. In particular, these funds can be spent on home repairs. But in any case, buying real estate will remain the most popular way to use government assistance.

The Maternity Capital program has been implemented in Russia since 2007. It was created to help families with children. The directions for using these funds are often adjusted.

Purpose of help

State control on this issue is changing towards improving efficiency. This is evidenced by statistics and the reaction of the population.

• purchase of housing;
• pension provision;
• payment for education in various educational institutions (from kindergarten to higher educational institutions);
• assistance for adaptation of disabled children;
• monthly payments for the 2nd child until he turns 1.5 years old.

Important! Almost 90% of families that used maternity capital spent it on improving their living conditions. This indicates the great significance of the housing problem.

This issue is resolved in different ways, one of the ways is maternity capital in shared construction. Any issues related to shared construction are regulated by No. 214-FZ of December 30, 2004.

The essence of shared construction

Shared construction is the mobilization by organizers of the construction of apartment buildings of the finances of future residents.

The parties are:

• Building company;
• persons investing funds.

The essence of the scheme is that a person buys an apartment under construction and pays for it himself.

Advantages:

• residential premises will be cheaper than on the primary market;
• will allow you to invest maternity capital in shared construction, saving money.

Important! To carry out such a transaction, you must have the entire amount of payment for shared construction.

An exception will be funds repaid by the Pension Fund from state aid.

Ways to participate in shared construction

Despite the significant amount of family capital, it will not be enough to purchase housing.

You can find money using various options:

1. Having your own money to supplement government assistance.
2. availability of residential premises, the possibility of selling them on the secondary real estate market.

The proceeds will cover the difference for participation in shared construction using maternity capital.

1. The lack of money will allow you to use the funds as an initial payment on a mortgage to purchase an apartment using the method of participation in shared construction.
2. Arrange for installment payments from the developer. It will be secured by a pledge of real estate, in which the state subsidy is aimed at paying the cost of the equity participation.

The purchased apartment will be mortgaged by the seller until payment obligations are fully met.

Important! When choosing the appropriate option, parents should know that the capital is used when the child who has been given the right to receive a state subsidy turns three years old.

An exception would be if the loan agreement was concluded earlier, the opportunity to receive capital arises at the birth of a child to repay the collateral.

If a loan is needed for a one-time payment, maternity capital in shared construction can also be used without waiting for the child’s 3rd birthday. This is discussed in Part 6.1 of Art. 7 No. 256-FZ. This allows a young family to immediately begin solving housing problems, rather than passively waiting 3 years.

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Agreement with construction company

Before contacting the pension service, you need to carry out a certain procedure:

• Select and book an apartment.

Attention! The developer must be informed of the client’s desire to use maternity capital in shared construction. A clause is included in the agreement that will allow payments to be made in installments.

• The construction company prepares the required documents for concluding an agreement on shared construction.
• Information about the agreement is entered into the unified state register.
• The client makes payments in installments according to the agreement.
• The owner of the certificate applies to the Pension Fund for the transfer of capital finance.

If housing is purchased as collateral, the citizen entitled to the certificate takes bank information about the amount of debt or the amount of the down payment.

Documents for the use of MK in shared construction

The following documents should be submitted to the Pension Fund office:

• certificate;
• passport of the citizen - recipient of the certificate with registration at the place of residence;
• a notarized power of attorney when issuing a permit through an authorized person;
• insurance certificate;
• agreement on participation in shared construction with state registration;
• a document confirming the payment of the amount of money to pay for the apartment and the balance of the debt;
• a notarized promise of the intention to register the apartment for all family members, indicating the exact share, which will be done within six months from the moment of signing the transfer deed (children’s shares can be allocated by agreement or deed of gift);
• application (a sample will be provided by the Pension Fund);
• marriage certificate and passport of the spouse, if he is a shareholder.

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Transfer of funds

The submitted documents are reviewed by the Pension Fund within one month. After studying them, he informs about his consent or refusal, and its reasons. If the answer is positive, the money will be transferred within two months.

Important! During the specified period, the application can be withdrawn if the money has not yet been transferred to the PF. To do this, a new application to cancel the previous one is submitted.

The certificate holder is allowed to use part of the capital and the rest for other needs.

You can submit documents:

• personally;
• through public services resource;
• via mail.

Important! Funds allocated by the state (about half a million rubles) cannot be cashed out. In this way, the state prevents the misuse of capital.

The exception is a one-time payment of up to 25,000 rubles made in 2016.

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