Is it possible to buy a dacha with maternity capital?

How can you legally buy a dacha using maternity capital?

The amount of maternal payment in 2020 will be about 455 thousand rubles. For this sum it is unrealistic to buy a good house in a working-class village, much less in a large city. Construction will also cost much more. Unless the purchase or construction takes place on the territory of a dacha society or cooperative. By law, you can spend a subsidy on capital construction or the purchase of a capital country house. Documents required to purchase a house outside the city in 2020:

passports;
statement;
registration obligation;
certificate for mother's money;
contract for the purchase of a house;
loan documents (as needed);
confirmation of membership in the cooperative;
charter of the dacha society (copies);
details of contributions remaining outstanding.

Buying a dacha using maternity capital in 2020

This shows that all the conditions for buying a house are inextricably linked to each other. When wanting to purchase a country house, a family must understand that government agencies will look at many factors. For example, the availability of light in a country house, as well as the availability of gas and amenities. If they do not exist, then competent specialists will not give an affirmative answer to the use of maternal capital in this direction.

Preparation for consideration of the case in court. At this stage:

an expert commission is invited to assess the condition of the house and issue a conclusion that it meets the required standards;
with the received conclusion, they contact the SES in order to receive a certificate from them stating that the non-residential building complies with living standards;
sent to the state agency for fire supervision (OGPN) with previously received documents in order to receive confirmation of compliance with fire standards in relation to a particular house;
send a lawsuit to the court for the use of maternity capital for the purchase of a country house, transferred to the housing stock.

Judicial consideration of the case. At this stage, based on documents and logical arguments, they prove that the family needs to convert this house into a residential state.
Address assignment. After receiving a positive court verdict, the family applies to the address assignment authority.

Is it possible to buy a dacha with maternity capital in 2020?

Sometimes it’s worth looking in advance at dachas that are located in villages and villages. Usually there are residential buildings there, which means a deal is theoretically possible. You need to pay attention to newly built houses; sometimes land owners build houses without registering their residential status, which means it will be impossible to buy a dacha with family capital.

Conditions for purchasing a dacha using maternity capital

An easier way is to purchase a dacha using maternity capital

, since construction takes a long time, requires a lot of documentation, as well as the availability of a site. The pension fund is reluctant to allow transactions with construction sites; the purchase of premises suitable for habitation is more popular. To purchase, a family needs to find a suitable option for a residential building, located in any locality, except for partnerships, and contact a credit cooperative, which will help complete the transaction as quickly as possible. Country housing can be divided into three types:

Maternity capital for the purchase of a dacha in SNT

In addition, she indicated that the loan agreement dated DD.MM.YYYY No. does not indicate which part of the borrowed funds was provided for the purchase of a garden house, and which for the purchase of a land plot, which makes it impossible to determine the cost of the purchased garden house.

Therefore, in order to avoid litigation, before deciding to purchase a dacha using maternity capital, you need to find out from the seller whether it has the status of a residential building. The presence of this status is confirmed by a certificate of ownership of residential premises!

I can buy a garden house and plot with matkapital

Using maternity capital, you can purchase a residential building or a share in a residential building. For example, if you find a garden plot with a house that is properly registered (there is a certificate of ownership of the land and a certificate of ownership of a residential building, not a dacha outbuilding), for the amount of 480 thousand rubles (as an option - exactly so much is in your maternity capital statement), then it can be purchased. This is done as follows: a house purchase and sale agreement is drawn up for spouses, parents and children in shares in the amount of 480 thousand rubles and a land purchase and sale agreement, for example, for 1 thousand rubles for them. Thus, you will fulfill the conditions of the Pension Fund for the purchase of a residential building in the amount of maternal capital and purchase a garden plot with a house.

Nikolay Kosyak, head of the Rambler/Finance project, answers:

According to Russian legislation, maternity capital can be used when purchasing or constructing residential premises, as well as an individual residential building. In case of acquisition of a land plot, the possibility of using maternity capital funds is not provided. Therefore, it is necessary to understand what is meant by a garden house. To use such funds to purchase a home, you must choose a home that is residential and also meets the requirements for year-round family residence. That is, the house must be capital, equipped with water supply, electricity, sewerage, heating and other engineering systems. A dacha in the usual sense of the word is not a place for permanent residence and, accordingly, cannot be purchased with maternity capital.

Changes to the Regulations come into force on January 1, 2020 and provide for the recognition of a garden house as a residential building in a simplified application procedure based on an exhaustive list of documents by local government bodies, in contrast to the procedure for recognizing a premises as a residential building, in which the conclusion of a commission is required for recognition. Is it possible to buy a house or dacha with maternity capital? How to register the purchase/sale of housing using family capital? How to buy a house in the village for capital?

This is interesting: Documents for deduction from mortgage interest

Is it possible to buy a dacha in SNT with maternity capital?

Olga Golodets stated this after a meeting of the Cabinet of Ministers last Thursday. The increase by the planned 5.5% or 22 thousand rubles, as previously predicted, did not happen; the question, as always, comes down to the budget, which has already become a little impoverished for the coming year.

Young families often wonder whether it is possible to buy a dacha with maternal capital. To give a full answer to this question, it is necessary to consider a number of aspects regarding the legality of using financial resources of maternity capital. First of all, the purpose of the state, which gives this money to parents for their second and subsequent children (in a one-time payment), is to help solve the problem of living space in the family. The targeted spending of maternity capital is within a fairly strict framework of legislation, and money can only be used for certain needs.

We recommend reading: What percentage of compulsory medical insurance 2019

How to buy a dacha with maternity capital in 2020

The owner of the house will need to spend money on collecting the necessary documentation that can confirm the full compliance of the building with the standards, carry out land surveying, and file a claim in court. The procedure will cost a large sum, but no one can guarantee a positive result. The judge may well refuse to change the status of the house.

Conditions for purchasing a residential country house for MK

Applications for disposal of funds.
Maternity capital certificate.
Purchase and sale agreements.
Passport and SNILS of the certificate owner.
Agreement with the bank (when paying with borrowed funds).
Bank details of the recipient of funds.

Is it possible to buy a plot of land with a house in SNT using maternity capital? If this house has the status of a residential building, registration is allowed in it and there is a house register, then this does not contradict anything. Is it possible to buy a house in St. Petersburg with maternity capital? Hello, Narina. I once gave a comment on this issue for an Internet portal. Let me copy and paste a clipping from the article. Improving living conditions includes, among other things, the acquisition of residential premises.

This is interesting: Tax deduction for education 2020 documents

Maternity capital can be spent on improving the family's living conditions. This means that you can buy a house with a garden plot with it, but only if this house is residential. That is, the house must be located on a plot of land intended for individual housing construction, and the house itself is suitable for permanent residence. To do this, it must have all the necessary communications: water supply, electricity, sewerage, gas. There must also be an assigned postal address and permanent registration must be possible.

On the possibility of buying a dacha with maternity capital

The presence of this status is confirmed by a certificate of ownership of residential premises! Is it possible to build a house in SNT using maternity capital? Tell me, is it possible to buy a house in SNT with maternity capital? If it has the status of a residential building, the relevant documents. Is it possible to buy a plot of land with a house in SNT with maternity capital within the city?

Many young families who have had a second child are concerned about the question: is it possible to buy a dacha with maternal capital? On the one hand, the dacha is real estate, and a simple and unambiguous answer to it suggests itself: purchase is possible. However, in practice everything is much more complicated. Let's look at the situation in more detail.

Is it possible to buy a dacha with maternity capital?

A citizen turns to the body that deals with property issues. In Moscow, for example, this is the city property department. The authorized official requests the necessary documents from other authorities - Rosreestr, BTI and others.
Based on the available information, a decision is made to transfer the premises to residential status. A conclusion is issued, which should be submitted to Rosreestr for entering information into the Unified State Register of Real Estate.

for the purchase of residential premises;
to build a house;
reconstruction of an existing building;
compensation for construction or reconstruction costs;
to repay a mortgage loan;
to pay the entrance fee to participate in a housing cooperative or other similar organization;
to pay for shared construction.

Is it possible to buy a dacha with maternity capital?

Is it possible to buy a house using maternity capital in another region? The law does not prohibit this. The lawyer explains that in order to purchase a house using maternity capital, it does not matter on the territory of which constituent entity of the Russian Federation such real estate is located. The only requirement regarding the location of real estate is contained in clause 3 of Article 10 of the Federal Law “On additional measures of state support for families with children,” which indicates that residential premises purchased using funds (part of the funds) of maternity capital must be located on the territory of the Russian Federation.

Here is what Leonid Kozak says about this: “The list of directions for disposing of maternity capital does not indicate the possibility of purchasing a land plot. But if family members (spouse) already have a land plot intended for housing construction, then they can contact the bank to enter into a loan agreement to build a house on the land plot. And the obligations under this loan agreement can be repaid using maternity capital funds.”

Is it possible to buy a dacha with maternity capital: nuances of distribution of Certificate funds

When deciding whether maternity capital can be used to purchase a summer house, you should remember the purpose of such means of financing. Accordingly, the first thing a citizen who wants to manage money in this way must do is comply with the required conditions. To do this, you will need to transform the selected dacha into a place where a family with children can live.

Maternity capital is aimed at financial support for young and low-income families who have a second or subsequent child. Such assistance comes from the state. Moreover, such financial stimulation is targeted in nature, that is, money should be directed only to changing and bringing housing conditions into line with the needs or the interests of children (education, treatment).

Is it possible to use maternity capital to buy a house in St.

So, if you want to buy a dacha with maternity capital, you need to find out from the seller whether the dacha has the legal status of a “residential building”? A certificate of ownership must be issued for it as a residential premises. If the dacha is recognized as a residential building, then you can safely buy it using federal funds.

Is it possible to buy a dacha with maternity capital? This is a concern for those families who have plenty of square meters of living space, but want to be able to recuperate in the fresh air. Whether the law provides for such use of maternity capital, we will answer in the article.

Mat Capital for Buying a House in St. 2020

If the decision is positive, maternity capital funds will be transferred to the current account of the construction cooperative. The application must correctly indicate the direction of use of MSC funds - for the purchase of a residential building. After a three-year period from the date of birth of the child, a package of documents is submitted to the pension department, including: Summarizing the above, it is noted that maternity capital can be spent on the purchase of a country house under the following conditions: if the suitability of the premises for living is recognized

Attach a document confirming payment of the state fee to the application for carrying out legally significant actions. After this time, if a positive decision is made, financial assistance is sent to the account of the organization of the contractor performing construction work or to the account of the applicant.

Is it possible to buy a dacha in SNT with maternity capital?

The principles here are the same as for buying a summer house using a subsidy . If there is even the slightest doubt that the Pension Fund will approve the transaction, you need to request a cadastral passport and carefully look at the status of the object and what it is equipped with.

Recognition of a dacha building as fit for permanent residence is carried out in court. If you comply with the above standards, you can spend maternity capital not only on the purchase, but also on the construction of residential premises in a dacha village in 2020. In order to comply with the legality of legal norms and at the same time register a dacha as the purchase of a residential building in 2020, you need to consult with professionals. You can do this on our website for free.

We recommend reading: What documents are needed to submit a declaration when buying an apartment

Is it possible to use maternity capital to build a house in SNT?

In accordance with Art. 10 of Federal Law No. 256 of December 29, 2006, maternity capital can be used for the construction of a residential building. An individual housing construction project (IHC) is a structure up to three floors high, intended for one family.

If a family is going to build a residential country house on the MSK, then after commissioning it must comply with sanitary and technical standards and requirements for residential premises, namely:

The supporting structures of the building must be in working order.
The house is located in a residential area.
The structure is located only on the foundation and has load-bearing walls.
The residential premises must be equipped with all necessary engineering systems - water supply, electricity, ventilation, heating, gas supply. In settlements where centralized engineering systems have not been installed, the construction of individual housing construction without gas supply, water supply and sewerage is allowed.

Maternity capital can be used for the construction of a residential dacha only on land plots suitable for individual housing construction . From January 1, 2019, owners of family capital have the opportunity to build residential country houses on garden plots.

Before the entry into force of Federal Law No. 217 of July 29, 2017, it was impossible to create individual housing construction facilities on the territory of horticultural and vegetable gardening non-profit partnerships. The pension fund rejected the requests and did not give consent to the use of maternal capital in this area.

Attention

The adopted law simplified the concept of “dacha”: now these are horticultural and vegetable gardening non-profit partnerships (SNT and ONT). However, it is possible to build a residential building on a garden plot, but not on a garden plot (Clause 1, Article 3 of Federal Law No. 217).

The pension fund will allow the use of capital only for the construction of a residential building . The transfer of MSC will be refused if the structure is:

outbuilding - an object for economic purposes (sheds, greenhouses, bathhouses, etc.);
garden house - a building designed to satisfy domestic needs and other needs associated with temporary stay in it.

Is it possible to buy a dacha with maternity capital?

The building must be registered as housing in accordance with the procedure established by law.
The dacha is equipped as a building suitable for all-season living, namely, it includes electrical and water supply, heating, and sewage systems.
There is the possibility of natural ventilation and lighting of the living area, and other parameters established by sanitary rules.
The structure must be located on Russian territory.
It is issued for all family members without exception, including persons under 18 years of age.
It is prohibited to purchase plots not intended for housing construction, as well as dilapidated or unsafe buildings and premises.

the land plot is located within the administrative unit and has an actual postal address;
at this address, municipal services register persons as permanent residents;
the housing construction project must comply with SNiP regulating housing construction;
communications are connected to the site or their installation is officially planned by local authorities;
the plot is registered as a territory for housing construction.

Maternity capital for a house in SNT

We have seen that your land plot is located within the boundaries of a populated area, but with a designated use for gardening. Individual residential buildings cannot be built everywhere within the boundaries of a populated area, but only in certain zones. 1. Order a town planning plan for the land plot. Based on it, see what is allowed to build in this zone (primary and auxiliary, as well as conditionally permitted uses of the land plot are possible there).

That is, an unfinished or unregistered dacha will not be used for maternity capital. Due to the lack of legal ability for its owner to transfer to someone rights that legally did not arise for him. application for the allocation of MSC funds for participation in shared or other forms of construction; copies of the passports of the applicant and the participant in shared construction (this may also be the spouse of the owner of the MSK certificate); copies of children's birth certificates; agreement for participation in construction with the participation of MSC funds.

Maternity capital house in SNT

Advice from lawyers:

1. Can I buy a house in SNT for maternity capital?

1.1. Good afternoon Yes, you can, if this house is registered in Rosreestr as a residential premises.

Did the answer help you?YesNo

Consultation on your issue

Calls from landlines and mobiles are free throughout Russia

2. Is it possible to buy a house on land that belongs to the SNT with maternity capital?

2.1. Connections with this Decree of the Government of the Russian Federation of December 24, 2019 No. 1653 “On amendments to the Decree of the Government of the Russian Federation of January 28, 2006 N 47” amended the Regulations on recognizing premises as residential premises, residential premises unsuitable for habitation and an apartment building in disrepair and subject to demolition or reconstruction (hereinafter referred to as the Regulations), approved by Government Decree No. 47 of January 28, 2006. Since, according to the provisions of the Federal Law of February 29, 2006 N 256-FZ “On additional measures of state support for families with children,” maternity capital funds can be used to purchase or build a residential building, new legislative initiatives clarify the rules and regulations, subject to which the owner of the certificate can direct maternity capital funds to a residential building located on the territory of SNT.

Did the answer help you?YesNo

3. Is it possible to build a house with maternity capital on a SNT site?

3.1. Rosalina, good evening! In 2020, maternity capital can be used to build a residential building on a garden plot. The law that made this change to the mat capital program was signed by Vladimir Putin on March 1, 2020. The amendment will come into force on March 12, 2020.

Did the answer help you?YesNo

4. My husband is a military man and is recognized as in need of housing. Do we lose the right to receive housing from the Ministry of Defense if we use maternity capital to build a house in SNT (gardening)?

4.1. Good afternoon, Tatyana! YES, you will lose this right upon registration (registration) of ownership of real estate.

Did the answer help you?YesNo

5. We want to take a house in SNT using maternity capital. According to the documents, it is a residential building, the land is owned, but the house is built close to the fence, will this be an obstacle to the approval of the Pension Fund?

5.1. Maternity capital funds can be used only for: 1) for the acquisition (construction) of residential premises carried out by citizens through any transactions that do not contradict the law and participation in obligations (including participation in housing, housing construction and housing savings cooperatives), by non-cash transfer the specified funds of the organization carrying out the alienation (construction) of the acquired (under construction) residential premises, or to an individual carrying out the alienation of the acquired residential premises, or an organization, including a credit organization, which provided funds under a credit agreement (loan agreement) for these purposes. Funds (part of the funds) of maternity (family) capital can be directed to an escrow account, the beneficiary of which is the person carrying out the alienation (construction) of the acquired (under construction) residential premises; 2) for the construction, reconstruction of an individual housing construction project, carried out by citizens without the involvement of an organization carrying out the construction (reconstruction) of an individual housing construction project, including under a construction contract, by transferring the specified funds to the bank account of the person who received the certificate. The RF Pension Fund may not allocate maternity capital funds for a purchase in the SNT if there is no right of registration. Check with the Pension Fund of the Russian Federation. You still need to coordinate with them first.

Did the answer help you?YesNo

6. Is it possible to buy a house in St. Petersburg with maternity capital? Land category: agricultural land. Permitted use: for gardening. The house according to the documents is residential.

6.1. It is forbidden. This is not provided by law. The land must be under IZH.

Did the answer help you?YesNo

7. Is it possible to receive compensation from maternity capital for a house built in SNT? The house is registered as residential - search results 'Information from the legal social network https://www.9111.ru was used'

7.1. Good afternoon. Yes, compensation for the costs of constructing residential premises is provided for by the legislation on maternity (family) capital.

Did the answer help you?YesNo

8. We purchased an apartment using maternity capital, paid off the mortgage, and allocated shares to the children. We own a plot of land in SNT, we want to build a residential building on it for year-round use. Can we sell the apartment to complete construction?

8.1. You can sell, but the guardianship and trusteeship authority will offend you to allocate similar shares in the new home. In this case, the housing must already be constructed and the ownership of it must be registered.

Did the answer help you?YesNo

9. We had a 3rd child in our family, 5 months ago we bought a new car on credit, we bought a house with land with maternity capital, and we still have a plot of land in SNT. Can they refuse to issue benefits to low-income families? Thank you in advance.

9.1. It depends for what purpose the status of a low-income family is issued. It is quite possible that they may refuse. In general, you need to look at the laws of your region of residence. Either order a paid consultation, or contact the social security service directly with this question.

Did the answer help you?YesNo

10. We wanted to build a garden house for permanent residence, using maternity capital, but we received a refusal from the pension, they explain that this is a SNT, not an EDS.

10.1. Not “ex”, but individual housing construction – individual housing construction. Refusal in the direction of mat. capital for the construction of a garden house is essentially correct, but the wording is somewhat incorrect. Maternity capital can be used for the construction of a residential building (for permanent residence), and a residential building can be built both on a site designated “for individual housing construction” and on a garden plot on the territory of SNT. The garden house is not residential. The status of a residential building must be indicated in those. plan, technical and cadastral passports and the house. Federal Law of July 29, 2017 N 217-FZ (as amended on August 3, 2018) “On the conduct of gardening and vegetable gardening by citizens for their own needs and on amendments to certain legislative acts of the Russian Federation” Article 3. Basic concepts used in this Federal Law For the purposes of this Federal Law, the following basic concepts are used: 1) garden plot of land - a plot of land intended for recreation of citizens and (or) cultivation of agricultural crops by citizens for their own needs with the right to place garden houses and residential buildings

, outbuildings and garages;
2) garden house - a building for seasonal use, intended to satisfy citizens’ household and other needs related to their temporary stay
in such a building;

Did the answer help you?YesNo

11. Tell me, is it possible to buy a summer cottage plot in SNT using maternity capital? According to the documents, the category of land is land of settlements for gardening. There are also documents (ownership and declaration) for a residential building, 49.sq.m. But there is actually no home! They made documents for the dacha amnesty, but never built it.

11.1. It is forbidden. You can only purchase a residential building on a plot of land under IZH.

Did the answer help you?YesNo

12. I can use maternity capital to build a house with a SNT plot.

12.1. Only if, by the conclusion of the commission, the house in SNT corresponds to the characteristics of a RESIDENTIAL building!

Did the answer help you?YesNo

13. Is it possible to use maternity capital for repairs in a correctly registered, from a legal point of view, house in SNT?

13.1. See Federal Law of December 29, 2006 N 256-FZ “On additional measures of state support for families with children” Article 10. Direction of maternal (family) capital funds to improve housing conditions 1. Funds (part of the funds) of maternal (family) capital in accordance with an application for disposal may be sent: 1) for the acquisition (construction) of residential premises carried out by citizens through any transactions that do not contradict the law and participation in obligations (including participation in housing, housing construction and housing savings cooperatives), by non-cash transfer of the specified funds an organization carrying out the alienation (construction) of the acquired residential premises (under construction), or an individual carrying out the alienation of the acquired residential premises, or an organization, including a credit institution, which provided funds under a credit agreement (loan agreement) for the specified purposes; 2) for the construction, reconstruction of an individual housing construction project, carried out by citizens without the involvement of an organization carrying out the construction (reconstruction) of an individual housing construction project, including under a construction contract, by transferring the specified funds to the bank account of the person who received the certificate.

Did the answer help you?YesNo

Consultation on your issue

Calls from landlines and mobiles are free throughout Russia

14. Please tell me, is it possible to buy a residential building not on individual housing construction, but on SNT using maternity capital?

14.1. The President himself proposed making appropriate changes to the legislation so that it would be possible to buy a house in SNT. Find out at the Pension Fund office whether this is possible or not.

Did the answer help you?YesNo

15. My husband and I bought a plot of land and want to build a house for permanent residence. Is it possible to build a house on the SNT site using maternity capital?

15.1. I'm afraid not. As a rule, the possibility of building a “residential building” implies the availability of land for the construction of such a house. Typically, SNT is land intended for gardening. And all buildings on it will be considered outbuildings. Which are strictly regulated by area and purpose of use. I recommend contacting me in private for a more detailed analysis of the situation.

Did the answer help you?YesNo

16. We want to buy a house in SNT with maternity capital. The house is registered as residential, and the land is listed as agricultural land, an expanded purpose for gardening. Is it possible to buy such a house for a price? capital? The realtor claims that it is possible, but does not say how to do it until we sign an agreement with him for his services. I would like to know how this is done and is it even legal?

16.1. — Hello dear site visitor! You don’t need to find out from the realtor, from the pension fund, and it’s not a fact that you will be allowed to purchase this house. Good luck to you and all the best, with respect, lawyer Legostaeva A.V.

Did the answer help you?YesNo

17. Is it possible to build a residential building (not individual housing construction) with maternity capital for st.

17.1. Yes, you can build a residential premises (not a residential building) in accordance with Art. 10 Federal Law 256 dated December 29, 2006.

Maternal Capital for the Purchase of a Dacha in St.

What most Russians mean by the word “dacha” is usually something completely different – a vegetable garden, a flower garden, garden plantings and a relatively strong and well-maintained barn. It is a barn, even if it looks very similar to a house in appearance and inside there is everything necessary for human recreation and Sunday visits to barbecue.

submitting an application to the Department of Architecture and Urban Planning to transfer the premises from non-residential to residential;
technical suitability and safety for living in compliance with current SNiP standards, confirmed by the relevant conclusion of the BTI or an independent expert institution (construction technical expertise);
assignment of an individual address with the possibility of registration as a place of permanent residence at this address.
the presence of a permanent structure;

Advice 1: Is it possible to spend maternity capital on buying a summer house?

First of all, the house must be located on land intended for individual housing construction (abbreviated as IZHS). Maternity capital cannot be used to purchase a building on land for summer cottage construction or gardening.

statement from the certificate holder;
certificate for maternal capital;
copies of an identity document (passport);
obligation to register the house as the property of all family members;
marriage or divorce certificate (if there was one);
Seller's bank account details.

How to build a house with maternity capital

To build a house using maternity capital on your own plot of land, you must collect the following documents:

Certificate.
Statement indicating the manager of the capital.
SNILS.
Passport.
Legal and actual addresses of residence.
A copy of the document certifying land ownership.
Permission to build a dacha (house).
Application-obligation for registration and acceptance of ownership of the house by the whole family within six months after receiving the cadastral passport.
Bank account number and bank documents.