How to use maternity capital to build a house?

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.

Conditions for using maternal capital to build a house in 2020

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Be sure to read it! How to find out the size of your pension?

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

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

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

Is it possible to build a house on a summer cottage (garden) plot?

With the entry into force of the law of July 29, 2017 No. 217-FZ in 2020, this became possible. This law abolished the previously existing types of permitted use of suburban land plots and approved only two existing ones: “garden land plot” and “garden land plot”. From March 1, 2020, citizens can receive a suburban plot with only one of these VRI.

The difference between a garden plot and a vegetable plot is that the construction of residential buildings and garden houses is allowed on a garden plot. Only outbuildings intended for storing implements and agricultural crops, which are not real estate, are erected on a garden plot.

Thus, the first condition for using MK funds is ownership of a land plot located in a garden non-profit partnership with permitted use “garden land plot”.

A garden house is a building for seasonal use, designed to satisfy citizens’ household and other needs related to their temporary stay in such a house. The residential building is intended for year-round and permanent residence of people. Therefore, a garden house is not a residential premises . MK funds cannot be used for its construction or acquisition, since the state program involves improving only housing conditions.

Construction of a residential building on a garden plot using MK is possible provided that urban planning requirements are met regarding the maximum distances between the house under construction, the boundaries of the plot and outbuildings. The site must have electricity and a water source. Permitting documentation is issued in the same manner as for construction within the boundaries of the settlement.

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

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

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

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

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

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

Be sure to read it! Mortgage for pensioners: can a pensioner take out a mortgage in 2020

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.