Since 2007, the state has been issuing maternity capital to support young families. All payments are made by the Pension Fund, and the allowance can be spent on a variety of needs, including the purchase of housing. For young families, this is a chance to improve their living conditions, as real estate prices are only rising.
What can be purchased for capital?
The legislation allows for maternity capital funds:
- to reconstruct a dwelling or a house;
- purchase technical equipment for the baby, if he needs them;
- make a down payment on a mortgage;
- use in the funded system for the mother of the child;
- pay for accommodation in a hostel;
- spend on child's education.
However, a country house on maternity capital cannot be bought. At the same time, it is necessary to distinguish a country house from a country house structure, therefore, starting from this is a starting point when choosing a house.
Residential building parameters
To determine whether it is possible to purchase a building for uterine capital, the following factors must be considered:
- The land plot on which the house is located should not be allocated for summer cottage construction, but for individual housing construction.
- It is important that the property is located on the territory of the Russian Federation.
- The house must necessarily have a foundation, capital walls, that is, fall under the definition of "capital construction".
- It will be possible to register in the house.
- Acquired real estate must comply with all the rules that are prescribed in the Housing Code.
- The village should have infrastructure.
- Housing cannot be classified as demolition.
- A prerequisite is the ability to live in the house year-round, that is, it must have light, water and a heating system.
Therefore, if the building meets all the described criteria, but the seller calls it a summer house, then such a country house for maternity capital can be purchased. Also, do not forget that after buying a home all property is registered in shared. That is, property rights are registered for each family member.
How to purchase a land plot for construction
To take advantage of the help of the state when buying a land plot, it must meet certain requirements, in particular, have a purpose:
- For individual residential construction.
- For the conduct of personal subsidiary plots. Despite the fact that such land falls into the category of agricultural, the purpose of use involves the construction of a residential building on the site.
On the acquisition of what lands it will not work to spend help from the state:
- If the site has the intended purpose of DNP, that is, it implies the construction of a house that is suitable not for annual residence, but only for recreation.
- Land located in the SNT, that is, land is allocated for the construction of a house for recreation and growing crops for personal use.
It is impossible to carry out individual residential construction on the lands of SNT and DNP, therefore, it will not work to get the capital for the construction.
Documents required for registration of land title
If the land category meets the legal requirements, then you can spend maternity capital on the construction of a country house, after preparing the following package of documents:
- Applicant's passport.
- Extract from the Unified State Register of Land on the land, that is, a document confirming that the site is registered in the manner prescribed by law and has no encumbrances.
- Contract of sale.
- Certificate of payment of funds.
In some cases, a mortgage agreement may be required if the subsidy from the state was not enough to cover all the costs of acquiring a land plot.
Is it possible to build a house at the expense of state aid?
As mentioned earlier, if the intended purpose of the land is suitable, then you can build a country house on maternity capital. There are two options for housing:
- With the involvement of a contractor.
- Independently.
If the second option is chosen, then the state subsidy will be issued in two equal parts. Funds are transferred 2 months after the application for payment has been approved by the Pension Fund. The second payment will be made no earlier than in half a year. However, one condition has to be fulfilled - to confirm the actual performance of the work. In this case, you can provide receipts for payment for construction materials.
In cases where the construction of the house is at the mercy of the contractor, then the entire amount is paid to the account of this organization one-time.
Documents required to receive construction payments
To get maternity capital for the construction of a country house, you must contact the Pension Fund with the appropriate statement and provide the following documents:
- Original certificate.
- Certificate of marriage.
- Passports of spouses.
- Documents for the child.
- Permission to carry out construction work.
- Title documents for the land plot, it can be an extract from the Unified State Register of Enterprises, confirming the right of ownership, a lease agreement for the plot and other documents.
- The obligation that the spouses after the construction of the house will issue it into joint ownership, certified by a notary.
- Bank details to which funds will be transferred.
If the construction of a country house for maternity capital is carried out by a contractor, a contract agreement and its bank details for the transfer of funds are attached to the package of documents.
Alternative option
If maternity capital for the construction of a country house can still be obtained, but there is no time and opportunity to build, what should I do? There is always the opportunity to take a different path. For example, the family has already acquired a summer house, and it fully meets all the criteria that make it possible to regard the building as residential, the intended purpose of the land also meets, and the Pension Fund does not want to make concessions and does not give out benefits. In this case, do not be upset, you can safely go to court.
Required Documents in Alternative
The main thing is to prove at the court session that the building is suitable for family life, especially for a child to live. Do not forget that the documents for the land will also be considered, therefore, the intended purpose should sound like a private household plot or IZHS.
What documents to attach:
- title to the land;
- invite an expert to conclude that the structure is capital, has a foundation and capital walls;
- the expert will also confirm that the house has all communications that allow living in it year-round (if the house is located in a garden society, then the chairman can issue a document on the availability of communications);
- order and issue a technical passport BTI.
The same can be done in the case of selection of a house for purchase, the building may already be leased by the family, but in this case it is necessary to obtain the consent of the landlord for the purchase of the building. The condition for the issue of maternity capital for the purchase of a country house will also be the fact that the house and land are suitable for living. If such a summer residence is found, then you can do without a lawsuit, and feel free to contact the Pension Fund for receiving payments.
These rules apply to federal maternity capital. If we talk about regional payments, then municipalities have the right to regulate this issue on their own, but the building should still meet the criteria for a residential building.
If the land does not meet the intended purpose
There may be another situation. After a request for maternity capital for the construction of a country house or redemption, it turned out that the category of land does not meet the required one. What to do in such a situation?
If the land is owned by one of the family members, then you can change its purpose. The procedure is lengthy, but worth it.
With a petition, you must contact the local authorities and attach the following documents:
- copy of passport;
- copies of title documents for the land;
- cadastral plan.
You can apply directly to the municipality or through the multifunctional center. In some regions, other documents may be required, which must be specified locally.
Most likely those people whose sites are closest to the village.
As soon as a positive decision is received, the applicant receives an act in his hands. If the refusal of the municipal authorities seems unreasonable to the applicant, he has the right to go to court and appeal the decision.
What should not be accepted?
Surely every married couple, having two or more children in their arms, wishing to acquire a country house with maternity capital, met “strange” people on their way. Typically, such individuals try to cash out maternity capital. There are several ways to do this. Fraudsters offer the family to purchase a certain cottage or land with a building, offering at first glance an absolutely legal scheme. Such a trick comes across people who read ads like “Help get maternity capital in cash” and all in a similar vein.
The main scheme - a cottage or other real estate is acquired and is sold after maternity capital payment. At the same time, the transaction value is overstated by the amount of the state subsidy. Simply put, if a house costs 1 million rubles, and help is 490 thousand, then the transaction value is 1.5 million rubles. After the transaction and "cashing out" of assistance, housing is again sold to the buyer himself. As a result, the difference is returned to the buyer. Most often, the scheme can be “rotated” between relatives.
It seems that there is nothing wrong with such actions. On the other hand, if something goes wrong, children will suffer first of all, because it is they who are least protected in such a situation. But besides them, the parents themselves, who may be accused of fraud, can also suffer. By the way, it is precisely this category of cases that is most often considered in the courts.
It should be understood that a country house for maternity capital, although it is not legally possible to purchase, but if there is no other way, then you can, but you should not risk too much and violate the rights of your own children.