Maternity capital for self-construction of a house

Is it possible to use the MSK certificate for construction?

In the list of possible directions for transferring funds under a certificate, Law No. 256-FZ allows for the construction of a house using maternity capital.
In this case, the concept of construction includes the following actions:

• disposal of maternity capital for the construction of a new house;
• use of maternity capital for the completion or reconstruction of a house;
• allocation of mat capital for actually completed construction.

The main problem that will arise for citizens who have begun building a house using maternity capital will be confirmation of documented expenses. If any store issues such documents for purchased materials, then constructing an object using your own efforts will not allow you to objectively assess the cost of the work. Thus, it is possible to build a house for maternity capital within the framework of the MSK program, but it is necessary to establish in advance the procedure for confirming all work performed.

Conditions for receiving funds in 2020

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

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

Important! If the intended purpose of the land was not the construction of a residential property, then it will be impossible to direct maternity capital to build a house.

In this case, one of the main conditions of Law No. 256-FZ is not met.

Download for viewing and printing:

Sample application for disposal of maternity capital funds

Use of contractors

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

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

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

How to use?

State legislation establishes certain requirements for housing.

Only if they are observed can maternity capital funds be used to compensate for the built house.

The main requirements are:

• The house being built must be located within the Russian Federation;
• The land plot on which the building is located must be owned by the owner of the maternity capital certificate, or her spouse. In addition, land can be provided to the owner of maternal capital on other legal grounds (under a lease agreement, the right of free use, etc.);
• The plot of land must be used for individual housing construction (IHC);
• All necessary documentation permitting construction work must be completed. It can be issued at the local government office;
• After the completion of the reconstruction of the residential building, the total number of square meters increased by at least one standard per person established by local authorities (in most cases this is fourteen square meters).

How to use maternity capital to build a house on your own

If you engage MSCs to build housing, the contractor is important. How the money will be calculated depends on whether your home will be built by a professional contractor (construction company) or you will do it yourself.

If you decide to build a building on your own, the MSK will be credited to the account of the certificate owner or his spouse in two equal payments. The first part of the amount will be transferred to you within two months after approval of your application. You will be able to receive the remaining money only after six months if you confirm that the construction work is actually being carried out.

There are other nuances of self-building housing. Each family member must obtain permanent registration in this house. Construction costs (purchase of materials, transportation, payment for fuel, etc.) must be documented. All checks, invoices and other documentation must be prepared in accordance with accounting rules.

How to transfer funds for construction?

In 2020, state legislation provides for the opportunity to use public funds both for DIY construction and for paying for contract work.

The main difference between these two types of construction is the different set of documents that will need to be submitted to the government agency.

These are:

1. When engaging contractors, you must additionally bring a contract agreement . Based on it, funds for maternity capital will be transferred to the account of the organization carrying out the work;
2. When building a house with your own hands, money from the state budget is provided in two equal tranches . The funds are transferred to the account of the owner of the certificate, or his spouse (if he personally builds the house):

• After approval by Pension Fund employees, fifty percent of the funds are transferred within two months from the date of filing the application for disposal of maternity capital;
• Then, no earlier than six months later, you will be given the opportunity to receive the second part of the payment. Money is provided only with documentary evidence of work performed.

Is it possible to use mat capital to buy land for building a house?

At first glance, it may seem that the purchase of a plot of land for the construction of a residential building meets the goals of improving the living conditions of the family, therefore, maternal (family) capital can be directed towards its acquisition. However, this, unfortunately, is not the case. Federal law understands the improvement of living conditions only as the purchase, construction or reconstruction of residential premises .

Therefore, there is no possibility of purchasing a plot for building a house using family capital - the Pension Fund can refuse this on legal grounds.

Exceptions include the acquisition of a land plot together with a residential building located on it, which is suitable for family living. Formally, the expenditure of state support funds will be directed only to the purchase of a house , and the plot of land is an addition to it.

Is it possible to get capital to build a house in another area?

The law provides for territorial restrictions on the location of the construction project. Maternity capital funds can be used to build a residential building located on the territory of the Russian Federation. The region of housing construction is chosen at the discretion of the certificate holder.

Construction requirements

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

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

Important!

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

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

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

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

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

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

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

On a note!

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

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

Important!

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

The main thing is that the house is built on land for individual housing construction. In the case of a different purpose for using the site and the type of permitted construction (garden, country house, personal subsidiary plot), confirmation of the residential status of the house will be required. 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 the family needs it), and also indicate 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.

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

Step 1. Purchase and registration of land ownership

Before registering maternity capital for the construction of a house, you need to understand that the land plot on which it is planned to build housing must belong to the owner of the maternity certificate (or spouse).

Registration of land ownership can occur in the following ways:

1. Buy a plot of land;
2. Register the right of inheritance;
3. Draw up a rental agreement.

Important to remember! State support funds are allocated only if housing conditions are improved.

Step 2. Choose a construction company

If you plan to build houses yourself, then you can skip this step.

But if you involve a construction company, then you need to be more responsible in your choice.

When choosing a company you need to consider:

1. Number of works completed (houses built, etc.);
2. Time of existence in the construction market;
3. Customer reviews.

It is important to know! Before concluding a contract with a construction company, you need to notify it that you will attract maternity capital during the calculation.

Not all private companies operate according to this mutual settlement scheme.

Step 3. Collect documents and contact the Pension Fund of the Russian Federation

Before starting construction using the money from the mother’s certificate, you will have to prepare a certain package of documents.

The required documents include:

1. identification document;
2. SNILS;
3. the certificate itself;
4. title documents for land, the owner of which is the owner of the maternal certificate or his spouse;
5. written permission for the construction of residential real estate;
6. assurance that the constructed property will be registered as family ownership no later than within 6 months from the date of completion of the work.

The documents from the list presented above are the main ones. Depending on the individual circumstances of the situation, other certificates may be additionally required.

The full list should be clarified with the Pension Fund of the Russian Federation before preparing a package of documents. Please note that all documents must be valid on the date of presentation. This will help to significantly reduce the time required for the procedure.

The completed package of documents is transferred to the Pension Fund, it is reviewed within 30 days . This time is allotted to the Pension Fund of the Russian Federation to make a positive or negative decision.

If the construction is approved, half of the amount will be transferred to the owner of the parent certificate. The rest of the money is paid no earlier than after 6 months. However, you will have to submit documents confirming the construction process during this six months.

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 constructed object) and for each case the necessary documents are provided to the Pension Fund.

What needs to be provided if a family declares the need to compensate for expenses for construction that has already been completed (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 having a house built using the amount allocated for maternity capital, even if it does not cover half of the construction costs, is another happy family that has improved their living conditions.

Step 4. Receiving funds to the current account

The last step of this procedure is to receive money into your current account.

The procedure for transferring money depends on who it is being transferred to:

1. if to the account of the owner of the maternal certificate, then the transfer is made in 2 stages: 1) after 2 months, part of the funds (no more than half of the total amount), 2) the remaining share no earlier than six months later;
2. if to the contractor's account, the transfer is made in 1 payment.

Step 5. Construction of the house

If the construction will be carried out on its own, then the law sets a deadline for the owner of the maternal certificate: you need to have time to build the foundation of the house and its frame within 6 months (six months) . Since only after this the remaining part of the money will be transferred to the current account.

Receive money from the Pension Fund and build a house with maternity capital

If the work is carried out by builders (specialists), then less time is required, so in this case the entire amount is transferred immediately to their account.

Drawing up an obligation to allocate shares of future property to all family members

One of the mandatory conditions when purchasing or constructing housing using funds from this state program is ensuring that all minor children in the family have the right of ownership of this housing. The size of the shares is determined by agreement between the spouses. The spouse also has the right to apply, but not other relatives.

The obligation is drawn up and certified by a notary. Typically the following documents are required.

• Passport.
• Maternity capital certificate.
• Work agreement.
• Birth certificates of children.
• Documents for land (certificate of state registration of property or lease agreement).

Other documents may be required. It is recommended to clarify the list before visiting a notary.

How to use maternity capital to build your own home

The answer to the question of how to cash out maternity capital for building a house depends on the conditions of the work - professionals will be involved or independent work is planned. The procedure for paying money according to MSK depends on this.

When hiring a construction company

If you plan to cooperate with a special organization, the procedure for using maternity capital to build a house is as follows:

1. Concluding an agreement with the company that will carry out the work. (The agreement can be signed not only by the child’s mother, as the owner of the certificate, but also by her husband).
2. Submitting an application for cash withdrawal to the territorial branch of the Pension Fund. If the decision is positive, the money will be transferred to the company’s bank account in a one-time transfer.

Documents that need to be submitted to the Pension Fund for approval of the construction of a house using maternity capital:

• a copy of the agreement with the contractor;
• payment details of the legal entity that will carry out the work for the transfer of funds.

After the application is approved, funds according to MSK will be transferred to the construction company’s account in a one-time payment.

The procedure for sending MSC for reconstruction of living space

Such use of money from the budget is permitted by law. In such a case, funds are issued in two stages:

• no more than half of the total amount is transferred to the account of the certificate holder (this is done within 60 days after a positive decision on the application is made);
• the rest is transferred no earlier than six months later, and only if all requirements for construction work are met.

If we are talking about reconstruction, it is necessary that after it the house increases by at least one accounting standard for living space (it is established independently in the regions by local authorities, but, as a rule, it is equal to 14 sq. m.)

The fact of reconstruction work must be confirmed. To do this, you need to contact the municipality and obtain an inspection certificate.

Reconstruction of an existing house

In a situation where a family already has their own home, then they have the right to spend maternity capital funds on reconstruction work.

The only caveat is that the increase in living space must occur by no less than the minimum number of square meters established in the region (most often it is fourteen square meters).

When carrying out reconstruction, the amount of maternity capital is issued in two parts. In order to obtain the right to receive full payment, you will need to confirm the work performed with an inspection report.

Only after submitting this document will the citizen be credited with the remaining funds.

Repayment of a loan taken for the construction of a house with funds from maternity capital

A family can spend not their own money, but a loan taken from a bank, to build or reconstruct a house. Such a loan can also be paid for with maternity capital money.

To repay a loan taken for the construction or reconstruction of a home, you need to bring the following documents to the Pension Fund:

1. A copy of the agreement with the bank (loan agreement).
2. A certificate from the bank about the balance of the debt (principal and interest).
3. A copy of the mortgage agreement, if provided for by the bank’s rules, and such an agreement was concluded.
4. Document on ownership of the constructed (rebuilt) housing.
5. Notarial obligation to allocate shares to all family members.
6. Parents' passports.
7. Marriage (divorce) certificate.

Documents and sample application

Admission to the management of maternity capital funds is carried out only after submitting an appropriate application to the Pension Fund of the Russian Federation.

A sample application for disposal of maternity capital funds can be found here.

According to current legislation, payment for the construction of a residential building can only be made upon submission of the above-mentioned application and the accompanying list of documentation.

It is mandatory to attach:

• Certificate for maternal capital;
• Papers evidencing ownership of a land plot;
• Documents for permission to construct a residential building, obtained from the municipal administration;
• If construction is carried out with the help of an outside organization, you will need to provide a contract agreement indicating the amount expected to be paid for the work performed;
• In a situation where the land belongs to the second spouse, or he is concluding an agreement with contractors, you will need to provide a marriage certificate;
• Passport of the certificate owner and his spouse;
• A notarized document containing information about the obligation to register the constructed house as shared ownership for each family member upon completion of construction work.

The above list is standard, but can be supplemented depending on the standards established by municipal authorities.

Compensation for a built house with maternity capital

MSC certificate funds can also be used to compensate for the costs of an already built house, provided that it was erected and put into operation by the applicant independently after 01/01/2007. However, this measure can be used only after the child turns 3 years old , with the advent of which the right to maternity capital arose.

List of required documents:

• copy of state confirmation registration of property rights that arose no earlier than January 1, 2007 ;
• confirmation that the certificate holder has a bank account (its details must also be indicated).

Management and receipt of funds from maternity capital.

Once the future homeowner has all the documents in hand, he can apply to spend the certificate funds. This can be done before the child reaches three years of age.

A response from the pension department will arrive within 10 to 30 days. After a positive decision is made, the Pension Fund of the Russian Federation transfers funds to the applicant’s account (within the month following the month of consideration of the documentation).

Initially, the Pension Fund transfers only half of the total capital to the beneficiary. This amount is provided for the start of construction.

After confirmation of the intended use of funds, the fund will transfer the balance. A report on the direction of expenditure must be submitted no later than six months from the date of allocation of money.

Is there a time limit for construction work?

Legislation limits the time for construction activities.

Within six months, the certificate holder is required to complete the following amount of work:

• pouring the foundation;
• walling;
• roof arrangement.

The finishing of premises is not limited by any deadlines. However, these activities must also be completed within a reasonable time, most often within one year.

The structure must be residential, and all work must be carried out in strict accordance with current standards (SNiP).

Other buildings and structures (bathhouse, garage, garden house, barn, etc.) that do not have a residential purpose cannot be built with maternity capital funds.

At the same time, land and real estate located within its boundaries are different objects. Since the plot cannot be purchased with capital, the family must contribute its own funds and prepare the area for the construction of the building.

Sometimes a plot of land can be leased for an indefinite period. This will significantly save money on the family budget.

In addition, this method assumes the possibility of further privatization of the territory during the construction of private housing on it.

Is it possible to sell a house built with maternal capital?

One of the main conditions for disposing of maternity capital for the construction of a house is its notarization as shared ownership. This means that property built with public money also belongs to children in parts, the size of which is determined by agreement. When selling real estate, you will have to obtain permission from the guardianship and trusteeship authorities. This is done so that the authorities are confident that the new house will have the same living conditions - in terms of square footage and amenities.

When buying a house that was built with maternity capital funds, do not forget to check whether the seller has permission from the guardianship and trusteeship authorities to sell the property.

Obtaining a certificate

The registration and issuance of the certificate is carried out by the Pension Fund. This can be done at any time from the moment the right to maternity capital becomes available.

The conditions under which you can apply for maternity capital are presented in three options.

1. The birth of a second or third (subsequent) child before 2020 from the start of the program (since 2007). The amount of state support is 466,000 rubles.
2. The birth of a second or subsequent child in the family from the beginning of 2020. RUB 616,000 is required.
3. Birth or adoption of first child in 2020. The amount of state support is 466,000 rubles.

The following documents will be required at the place of application.

• Passport.
• Birth or adoption certificates for all children. The certificate of the youngest child must contain a mark on Russian citizenship. It is raised by the authorities dealing with migration issues.
• SNILS (may not be needed).
• Statement. It will be asked to be filled out by the Pension Fund when applying using the sample.

Maternity capital can be used to build a house only after 3 years have passed from the date of acquisition of the right to it. If there is no opportunity or desire to wait three years, you can use a housing loan, the repayment of which is already carried out using maternal capital funds.

Maternity capital for building a house without waiting 3 years

There is no legal provision for using maternity capital directly for the construction of an individual housing construction project until the child reaches 3 years of age . But there is an exception regarding credit obligations. If one of the spouses already has a loan for housing construction (mortgage included) or upon receipt of one, family capital funds (part of them) at any time from the date of birth of the child (without waiting three years) can be used to pay:

• principal and interest on the loan (exception: fines, commissions, penalties provided for in the loan agreement);
• down payment on the loan.

It does not matter when the loan was taken out - before the right to maternity capital became available or after. The main thing is that it must be targeted, i.e. provided directly for the construction (reconstruction) of a residential building .

When is maternity capital provided?

The assistance is a certificate backed by cash.
The amount from 2020 is 453,026 rubles. It is issued to the family upon the birth of a second natural or adopted child. You can apply for capital once. The recipient has no legal rights to withdraw and spend funds at his own discretion. The assistance is predominantly non-cash.

Methods of using funds are established by law. The list has been expanded several times. In 2020, capital can be used in the following areas:

• payment for children's education, including paid kindergartens and additional education;
• purchasing goods and services to help disabled children;
• monthly payments from capital until the child reaches 1.5 years of age;
• depositing funds into a funded pension for the mother;
• acquisition of living space.

Full cashing out of maternity capital, as well as other fraudulent actions in relation to support measures, are subject to criminal liability.

Is it possible to buy a dacha or garden plot for construction using maternity capital?

According to the Order of the Ministry of Economic Development of the Russian Federation dated September 1, 2014 No. 540 “On approval of the classifier of land plots,” a residential building can be located on lands that are intended for various types of use.

To receive a subsidy from the state, you must submit a construction permit , which gives the developer the right to build a residential building. The use of the following types of land plots for the construction of a house is prohibited:

• DNP (dacha non-profit partnership) - land for the construction of a residential country house (no more than 3 floors, not divisible into apartments and suitable for recreation and living), outbuildings, and cultivation of agricultural crops.
• SNT (garden non-profit partnership) - land for building a garden house for recreation, outbuildings and growing agricultural crops.

On the lands of DNP and SNT, permission to build an individual housing construction project is not issued, therefore, the Pension Fund does not allocate funds from the family capital for this.

Building a house is permitted on a plot of land with the following types of permitted use:

• Individual housing construction (individual housing construction) - land that is intended for the construction of a residential building;
• LPH (personal subsidiary plot) is a plot of land generally intended for agriculture, but also used for the location of a residential building on it (not divided into apartments).

How to get capital for building a house with a mortgage

When building housing with a mortgage, the process for obtaining MSC is different. The main advantage is the opportunity to spend money immediately, without waiting until the second child turns three years old.

The difference is that, in addition to all other steps, it is also necessary to select the bank with which the loan agreement will be concluded. For a family in which a second or subsequent child was born after January 1, 2020, there are preferential conditions - you can get a mortgage at a lower interest rate - from 6%. At the same time, the difference between the average market rate and the preferential rate is compensated by the state.

Mortgages typically have terms of up to 30 years, so the bank requires collateral. This could be a plot of land on which housing, a car or other property will be built. In some cases, you can take out an unfinished house as collateral. It is also possible to attract up to 3 guarantors to increase the likelihood of loan approval.

When construction is completed, it will be necessary to remove the encumbrance from the collateral property. Within six months after this, housing must be registered as the property of all family members. Everyone should receive an equal share in the ownership.

How to get capital for building a house with equity participation

Shared construction allows you to significantly reduce the cost of purchasing real estate, due to the fact that the property is purchased at the initial stage of construction. But it should be remembered that in this case it will not be possible to dispose of maternity capital until the second child is three years old. It should also be taken into account that the MSC value is not so large as to fully cover the cost of purchasing a home. Therefore, the following options for using money for shared construction are possible:

1. If the family does not have its own funds, then it is possible to obtain a mortgage loan from a bank and contribute maternity capital as a down payment.
2. If a family owns its own apartment, which is planned to be sold in order to improve living conditions, then MSC funds will allow them to add the missing amount to build or purchase housing of a larger area.
3. If you have a certain amount of your own savings, support from the state will be an addition that will help you purchase real estate.

Sources

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