Is it possible to purchase or build a country house on maternity capital?

2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16

Since 2007, the state has been providing maternity capital to support young families. All payments are administered by the Pension Fund and the allowance can be spent on a variety of needs, including the purchase of a home. For young families, this is a chance to improve their living conditions as real estate prices continue to rise.

What can capital buy?

Legislation allows for maternity capital funds:

• renovate a dwelling or house;
• purchase technical aids 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 your child's education.

However, a country house cannot be bought with maternity capital. At the same time, it is necessary to distinguish a country house from a country house, and therefore, from here to start when choosing a house.

Dwelling structure parameters

To determine if a building can be purchased with maternity capital, the following factors must be considered:

• The land plot on which the house is located should be allocated not 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, main walls, that is, fall under the definition of "capital construction".
• It will be possible to register in the house.
• Purchased real estate must comply with all the standards that are prescribed in the Housing Code.
• The village should have infrastructure.
• Housing cannot be categorized as demolition.
• A prerequisite is the ability to live in the house all year round, that is, it must have light, water and a heating system.

Therefore, if the building meets all the criteria described, but the seller calls it a dacha, then such a dacha house can be purchased with maternity capital. Also, do not forget that after buying a home, all property is registered in equity. That is, the rights to real estate are registered for each family member.

How to purchase land for construction

To take advantage of state assistance when purchasing a land plot, it must meet certain requirements, in particular, have a designated purpose:

• For individual residential construction.
• For personalsubsidiary farm. Despite the fact that such land falls under the category of agricultural land, the purpose of use implies the construction of a residential building on the site.

For the acquisition of which lands it will not be possible to spend assistance from the state:

• If the site has a designated purpose of the DNP, that is, it implies the construction of a house that is not suitable for annual residence, but only for recreation.
• Land located in SNT, that is, land allocated for the construction of a holiday house 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 mother capital for construction.

Required documents for registration of land rights

If the category of land meets the legal requirements, then you can spend maternity capital on the construction of a country house, having previously prepared the following package of documents:

1. Applicant's passport.
2. Extract from the USRR for land, that is, a document confirming that the site is registered in the manner prescribed by law and has no encumbrances.
3. Purchase Agreement.
4. Certificate of disbursement of funds.

In some cases, a mortgage agreement may be required if subsidies from the state were not enough to cover all the costs of acquiring a land plot.

Can a house be built with public assistance?

Howmentioned earlier, if the purpose of the land is suitable, then you can build a country house for maternity capital. There are two housing construction options:

• With the involvement of a contractor.
• On my own.

If the second option is chosen, then the state subsidy will be issued in two equal installments. The transfer of funds takes place 2 months after the application for payment was approved in the Pension Fund. The second payment will be made no earlier than half a year later. However, one condition will have to be met - to confirm the actual work. In this case, you can provide receipts for payment for building materials.

In cases where the construction of a house is at the mercy of a contractor, then the entire amount is paid to the account of this organization once.

Documents required to receive construction payments

To receive maternity capital for the construction of a country house, you must apply to the Pension Fund with the appropriate application and provide the following documents:

• Original certificate.
• Marriage certificate.
• Spousal passports.
• Documents for the child.
• Permit for construction work.
• Title documents for a land plot, this may be an extract from the USRR confirming ownership, a land lease agreement and other documents.
• The obligation that the spouses, after the construction of the house, will issueits joint ownership, certified by a notary.
• Bank details to which funds will be transferred.

If the construction of a country house under maternity capital will be carried out by a contractor, a contract agreement and its bank details for transferring funds are attached to the package of documents.

Alternative

If you can still get maternity capital for the construction of a country house, but there is no time and opportunity to build, what to do? There is always an opportunity to go the other way. For example, a family has already purchased a dacha, and it fully meets all the criteria that allow us to regard the building as residential, the purpose of the land also corresponds, and the Pension Fund does not want to make concessions and does not issue benefits. In this case, do not be upset, you can safely go to court.

Required documents for alternative option

The main thing is to prove in court that the building is suitable for family life, especially for a child. Do not forget that the documents for the land plot will also be considered, so the intended purpose should sound like under a private household plot or under an individual housing construction.

What documents to attach:

• title establishing a land plot;
• invite an expert to make a conclusion that the building is capital, has a foundation and main walls;
• the expert will also confirm that the house has all the communications that allow you to live in ityear-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 BTI technical passport.

The same can be done in the case of selecting a house for purchase, the building may already be rented from the family, but in this case it is necessary to obtain the consent of the landlord to buy the building. The condition for the issuance of maternity capital for the purchase of a country house will also be the fact that the house and the plot are suitable for living. If such a dacha is found, then you can do without a trial, and feel free to contact the Pension Fund to receive payments.

These rules apply to federal maternity capital. If we talk about regional payments, municipalities have the right to regulate this issue on their own, but the building must still meet the criteria for a residential building.

If the land does not meet the required purpose

Maybe another situation. After a request for maternity capital for the construction of a country house or for redemption, it turned out that the category of land did 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 long, but worth it.

With a request, you must contact the local authorities and attach the following documents:

• copy of passport;
• copies of title deedsdocuments for a land plot;
• 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 clarified locally.

The best chances are for those whose plots are closest to the settlement.

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, then he has the right to go to court and appeal the decision.

What shouldn't you agree to?

Surely every married couple, having two or more children in their arms, wanting to buy a country house for maternity capital, met "strange" people on their way. Usually such individuals try to cash out maternity capital. This can be done in several ways. Fraudsters offer the family to purchase a certain dacha or a land plot with a building, offering at first glance an absolutely legal scheme. People who read ads like “We will help you get maternity capital in cash” and stuff like that fall into this trick.

Basic scheme - a dacha or other real estate is purchased and sold after payment by maternity capital. At the same time, the cost of the transaction is overestimated by the amount of the state subsidy. Simply put, if the house is worth 1 million rubles, and the aid is 490 thousand, then the value of the transaction is 1.5 million rubles. After thetransactions 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 “turned around” 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 they are the least protected in such a situation. But, in addition to them, the parents themselves, who can be accused of fraud, may also suffer. By the way, this category of cases is most often considered in courts.

It should be understood that although by law it is impossible to purchase a country house for maternity capital, but if there is no other way out, then it is possible, just do not take too many risks and violate the rights of your own children.