How to buy a room with maternity capital in 2021: step-by-step instructions

The desire of a family to own a separate home is quite natural. But not every citizen can afford to take out a mortgage loan and purchase a full-fledged apartment or private house.

If there is not enough money for real estate in a new building or cottage, then an alternative in the form of a comfortable room is allowed. The amount of maternity capital of 453,206 rubles may be enough to purchase a room in dormitories of administrative centers in many constituent entities of the Russian Federation - Voronezh, Stavropol and other cities.

Basic requirements for purchase

In order for the Pension Fund to allow the certificate holder to conduct a transaction, it is important to comply with a number of important requirements provided for by social security legislation.

It is necessary that the rooms be isolated from other premises, and this must be indicated in the technical and legal documentation.
If certificate holders wish to purchase communal residential premises, then it is necessary that the personal accounts be separated.
You cannot purchase a room if it is located in a dormitory that belongs to the specialized housing stock.
The certificate or extract of ownership of real estate must indicate that the object is indeed a room or a separate part of the apartment.
If the object is registered only as a share, then the Pension Fund will not approve such a transaction, since the share is not materialized in specific square meters.

It is permissible to complete a transaction for selling or exchanging a room only with the written approval of the guardianship service . Then the parents or legal representatives of the children must give a written commitment that they will allocate to the children a share in the housing that is no less than what they had at the time of the sale. A certain amount may be deposited into the children's bank account in advance as a guarantee of the fulfillment of such an obligation.

Is it possible to buy part of a residential property for capital?

The allocation of funds for this program is carried out by the Pension Fund of Russia (PFR). The specialists of this government agency are guided by laws in their activities; they cannot circumvent their provisions (this will lead to punishment). In this regard, the following circumstances are significant:

The definition of residential premises is contained in the Housing Code (LC).
State funds under the Maternity Capital program are allocated on the basis of Federal Law No. 256-FZ dated December 29, 2006.
The document allows spending family capital, including on the purchase of residential premises.

Attention! Signs that the premises are residential are:

isolation;
provision of water and electricity;
possibility of all-weather use for permanent residence;
compliance with building construction standards.

What is meant by the word "room"

The above law allows investing budget money only in the acquisition of separate residential premises. LCD refers to these:

house;
apartment;
their individual parts;
room.

Thus, it is permissible to send a certificate to improve living conditions in the following cases:

When an isolated part of the premises (one or more rooms) is purchased.
When, after the conclusion of the transaction, the entire apartment will be in the possession of the family receiving the certificate.

Attention!
In the legislation, a room is a room isolated from other parts of the house (apartment) intended for permanent residence of people (a kitchen or pantry is not one of these). Download for viewing and printing: Federal Law of December 29, 2006 No. 256-FZ “On additional measures of state support for families with children”

Is it allowed to purchase a room with a certificate?

In a residential complex, a room is conditionally classified as living quarters. That is, you need to prove that it is exactly like that. The main criteria of the legislation are expressed as follows:

The space must be isolated from other rooms and not be part of common areas (corridor, kitchen, etc.):
a purchase and sale agreement is recognized for an entire separate premises, without taking into account its total area.
When it comes to buying out a share, they will be allowed to use the certificate if, as a result of the transaction, the entire apartment (house) becomes the property of the family.

Important!
Each specific case is individual. It is necessary to enlist the support of a lawyer experienced in housing law matters. Download for viewing and printing: Housing Code of the Russian Federation

Difference between ownership share and room

When determining issues of ownership of real estate, consolidation proceeds in different ways:

In some cases, ideal shares are created - ownership is carried out jointly over the entire area.
In others, everyone is assigned a certain territory. That is, property is divided in kind.

The owner of the share cannot say exactly which rooms or other premises he owns. He has the right to a certain part that is not highlighted on the apartment plan.

Attention! Even in the case of judicial division of shares in a residential premises into rooms or other parts, such areas cannot be acquired. The procedure established by the court for the use of space loses force when the owner changes; it is established personally.

How is the allocation of ownership shares made?

The procedure for dividing an apartment between owners is determined by Resolution of the Plenum of the Supreme Court of the Russian Federation No. 8 (clause 12) of 08/24/1993.
This is a rather complicated procedure. The requirements for the section are as follows: Owners (no matter how many there are) must receive:

isolated rooms;
common areas (kitchen, corridor);
separate entrance to the living space;
separate personal accounts for payment of services.

Attention! In fact, the apartment should be divided into two, registering both with the Rosreestr authorities as hotel properties.

Purchasing a room using maternity capital

In order for the Pension Fund to approve such a transaction, the room must be separated from the rest of the housing. The best option for a family is to buy a room in a dormitory-type building. It is desirable that the property be located in a section for two owners, perhaps with a common kitchen on the floor, but its own bathroom in the section (bathroom and toilet).

For a family, the optimal option would be a room with an area of 18 square meters. m. in a section for two owners. There are properties for sale with a private shower or toilet - which is possible as a result of legal redevelopment. Then you can use the family capital without waiting until the baby is 3 years old.

Funds from such financial social assistance can be used as an initial payment for a mortgage payment, for the calculation of interest or principal. The family has the right to choose the object independently . The main thing is that it is suitable for living and approved by the bank and the Pension Fund of the Russian Federation.

Conditions for this procedure

According to Part 1 of Art. 3 Federal Law No. 256 “On additional measures of state support for families with children”, the following categories of persons can receive and manage maternity capital funds:

A woman who gave birth or adopted a second or subsequent child starting from 01/01/2007, provided that she did not use the right to receive maternity capital.
An unmarried man who is the sole adoptive parent of a second or subsequent child, by a court decision that entered into force on January 1, 2007, who did not exercise the right to receive MSC earlier.
A minor child (children in equal shares), as well as a child who is undergoing full-time education at an educational institution, if the right to receive maternity capital of the two above-mentioned categories of people is terminated.
A male father or adoptive parent of a child, regardless of whether he has Russian citizenship or not, if one of the unfavorable cases occurs in which a female mother or adoptive parent cannot receive family capital. Unfavorable cases include the following:
a woman commits a crime against a child against a person;
deprivation of a woman-mother of parental rights in relation to the child who is entitled to receive maternity capital;
the court declared the woman dead;
the fact of the death of a woman, if the child, due to whom the right to receive MSC arose, did not receive the status “left without parental care” on the basis of the Family Code of the Russian Federation.

It is worth noting that a man cannot receive maternity capital for a child for whom he is intended in connection with his birth or adoption if he is a stepfather in relation to the previous child.

A prerequisite for obtaining maternity capital is the presence of Russian citizenship in the child, with whose birth the right to receive a certificate arose.

Share in an apartment and a separate room - the main differences

The room is a separate housing, which is registered in Rosreestr as a separate property. A share represents the right of ownership of common property. If it is not allocated, then the owner of the share must use the residential premises together with other , same shared owners. The share may not correspond to the area of a particular room.

Requirements for residential premises for purchase

The legislation of the Russian Federation allows the purchase of part of the housing using maternal capital funds, if:

After purchasing a share, it completely becomes the property of the certificate owner.
If a share is purchased, which is an isolated part that is suitable for living (one or more rooms).
Part of the purchased housing must meet sanitary standards and be suitable for living.
You cannot buy living space in a house that is recognized as an unsafe or dilapidated building.

The main condition when purchasing a share for capital is that part of the purchased housing must be separated from the rest of the premises. For this reason, it is prohibited to buy a share in a one-room apartment, since an isolated share cannot be allocated in one room. A one-room apartment can be purchased for MSC only if, after the purchase, it completely becomes the property of the owner of the certificate.

Allocation of a share in an apartment

The allocation of a share is allowed only if there is a technical possibility for this. It is necessary that the owner can also access a separate part of the kitchen, bathroom, and hallway. The allocated share in the apartment must have a separate entrance, which is practically impossible in practice.

If a technical examination shows that it is impossible to allocate a share, then the owner will have only one option - go to court and determine the procedure for using the share.

If, nevertheless, the share has been allocated, then the owner has the right to use only part of the apartment, but the right of common ownership of the living space will also not be terminated. The allocation, in any case, must be in court. The plaintiff will have to order the examination; legal costs can be compensated by the defendants if the judge agrees to satisfy the applicant’s claims.

How to formalize an obligation when purchasing shared ownership?

Federal Law No. 256 “On measures of state support for families with children” dated December 29, 2006, regulates the procedure for formalizing the obligation to allocate a share to a child (children). In particular, in Part 4 of Art. 10 states that residential premises using MSC funds must be registered as common property with the mandatory allocation of shares.

This document is drawn up in the presence of both parents (in a complete family), and is also certified by a notary (the cost of certification is from one to two thousand rubles). The certified document is submitted to the Pension Fund of the Russian Federation in its original form.

It states that the spouses or one spouse undertake to divide into shares the property acquired with MSC funds. Parents and children act as co-owners. The obligation is signed by both parents (one of them in a single-parent family), and also indicates the period during which the parents are required to register the right of ownership of living space for their children.

The legislation of the Russian Federation has established a period of six months, during which the buyer (buyers) is obliged to provide shares to all children in the family.

The term for the provision of shares begins to be calculated from the moment of receipt of documents from Rosreestr, which confirm the fact of liquidation of encumbrances on the acquired real estate.

Buying a dorm room using maternity capital

Purchasing a room in a dormitory with money from maternity capital is possible if the housing is privatized and the dormitory itself does not belong to the special-purpose housing stock. The room can be directly alienated from the municipality through public auction.

The seller must give prior consent to the sale, since he will be able to receive money for his property only after registering the ownership of the property with Rosreestr.

If a mortgage is issued on the property, then the bank must also give consent to the sale . The certificate holder (mortgage borrower) must conduct an appraisal of the property at his own expense. After completing the transaction, the purchased room must be registered as shares - the property of all family members.

In a similar way, it is possible to purchase a room in a communal apartment, but only if it is isolated as a separate property and separate documentation is drawn up for it.

You can manage money from maternity capital and spend it on buying a room even if your parents already have real estate. There are no prohibitions in the law. Also, a room purchased with such social assistance can be sold in the future, but only with the approval of the guardianship authorities and the obligation to provide children with other housing within a specific period. The notarial undertaking must be provided by the child's legal representative.

How to buy a room if you already have an apartment

The law on maternal capital provides a list of purposes for which public funds are allowed to be spent.
By the way, the most popular direction for 2021 is improving living conditions. In addition, the legislative act contains a number of restrictions related to the use of the certificate. They in no way correlate with whether the recipient of the capital has any property.

The recipient has the right to dispose of state aid funds at his own discretion, within the framework of current legislative norms. When improving living conditions, you should:

purchase a separate premises;
register it as shared ownership of all family members.

Conclusion! The investment of the certificate in the purchase of a room is not associated with existing property.

Step-by-step instruction

To purchase a room you need:

Select the object you like. On popular portals in advertisements, sellers, who are often realtors, indicate that they consider capital and (or) mortgage funds as payment for the rooms. First you need to directly contact the seller (owner) and inspect the room;
If the cost of the room can be fully repaid with maternity capital , then you can draw up a transaction with the seller and indicate in it that payment for the room is carried out at the expense of capital funds and after registration of ownership;
If there is insufficient capital, you can contact the bank with an application for a mortgage loan . They will be provided taking into account the financial situation of the applicants, the characteristics of the object and guarantees - for example, a solvent guarantor;
The mortgage transaction must be registered, as well as the ownership of the room;

The parties should agree on the procedure for incurring expenses for the purchase of such real estate. Typically, real estate registration is carried out at the expense of the seller, but the cost of services, especially if they are provided by realtors, will already be included in the price of the room. The instructions are approximate. The specifics of the purchase depend on the specific situation.

The notary will need to formalize an undertaking that the room will be transferred into shared ownership to all family members. It is better to complete the transaction for purchasing a dorm room under the supervision of an experienced lawyer.

Is it allowed to purchase premises in a communal apartment for capital?

There are no conditions in the residential complex that provide for the construction of apartments that fall under the definition of communal. Separate living quarters are created for citizens. However, there are still many apartments in the country that meet the conditions of a communal apartment. Their signs are as follows:

the owners of the individual rooms are not relatives;
they own common areas on a shared basis;
Everyone has their own basis for owning residential premises;
Each person has their own personal account.

Thus, a room in a communal apartment falls under the definition of a separate living space given in the text of the Housing Code. Therefore, it is allowed to spend maternity capital funds on such a purchase.

Attention! Unlike an apartment in shared ownership, the owners of a communal apartment:

own a room (or several) and a share in common areas;
the right of shared ownership is connected (should) with the fate of the room, that is, it passes to the new owner.