Maternity capital for building a house in 2021: instructions, documents, loan

In 2021, maternity capital can be used to build a residential building on a garden plot . The law that made this change to the maternity capital program was signed by Vladimir Putin on March 1, 2021. The amendment will take effect on March 12, 2021.

The certificate funds could not be used to build a dacha, since it was considered a non-residential premises. However, from January 1, 2019, this concept was abolished by the new law No. 217-FZ of July 29, 2017 on gardening by citizens. This law allowed the construction of residential buildings on garden plots.

It is still possible to build a residential building that meets the established requirements using maternal capital in one of the following ways :

on your own;
with the involvement of a contractor.

At the same time, it is allowed to use maternity capital (MC) not only for the construction of a new house, but also to compensate for previously completed construction. However, ownership of such residential premises must be registered no earlier than January 1, 2007 , when the law on maternal capital came into force.

Maternity capital can be used in the above areas three years after the birth (adoption) of a child. Before three years, the owner of the certificate has the right to spend MK to repay the down payment and/or principal and interest on the target loan or loan.

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Conditions for receiving maternity capital in 2021

The amount of state support in 2021 after indexation is 483,882 rubles for the first child. has already been received for the first child ). If the family has not yet received maternity capital for the first child, then the amount of the certificate will be 639,432 rubles (that is, for 2 children at once).

Another innovation of the past year concerns the form of the certificate. Since April 2021, it is no longer issued on paper and you do not need to apply anywhere to obtain it. The MK electronic form is sent to the mother’s Personal Account on the official website of the Pension Fund of the Russian Federation.

For more information about registering (receiving) maternity capital in 2021, read the detailed instruction article. Also see the material about the conditions for obtaining and requirements for the recipient of the certificate.

You can spend money from the certificate only after the child who is entitled to receive it turns 3 years old. To use the money before the child’s 3rd birthday, you need to take out a loan for the construction of a residential property or use the money to reduce debt on an existing loan. Read about this in a separate detailed material on our website.

How much can you get

Maternal capital for first-born children is issued only for children born after January 1, 2021. If the first child was born on December 31, 2021, the mother does not have the right to maternity capital - this is the law.

Maternity capital for the first child - 466,617 ₽. For the second and subsequent ones more - 616,617 ₽. For example, the first child was born in the family on January 15, 2021. The mother will receive maternity capital of 466,617 ₽. If she already had a child and did not receive maternity capital before, then she is entitled to 616,617 rubles.

The amount of maternity capital does not increase if twins or triplets are born in the family. One child is recognized as the firstborn, the other as the second born. In this case, the capital will be 616,617 ₽.

The mother has the right to maternity capital; if the first child has died, the documents for the certificate will need to be accompanied by a birth certificate of the deceased child. Then, at the birth of the second child, the amount of maternity capital will be maximum - 616,617 rubles. It happens that a child dies in the maternity hospital and there is no birth certificate, only a registration certificate. In this case, you won’t be able to get maternity capital; you just need a birth certificate.

Adopted children are considered equal to their own children. If a family adopts a child, the mother can receive maternity capital - if this is the first child, then 466,617 rubles, if the second or third - 616,617 rubles. There is a nuance: maternity capital is not provided for the adoption of a husband’s or wife’s children (stepchildren).

Step-by-step recommendations for spending capital on construction on your own

You should know that in this case, funds are issued in 2 stages. To obtain them, the procedure for the owner of maternity capital will consist of the following actions.

Step 1. Purchasing a plot of land

Residential real estate must be located on land owned by ownership (purchase, inheritance) to the certificate holder or his spouse. Long-term leases and unlimited use are also permitted. Ownership of a land plot must be documented:

Purchase and sale agreement (SPA) of a land plot;
A valid will;
An annuity agreement.

Before starting construction work, the family needs to obtain permission to carry out the work. To do this, you should contact the municipality, architecture department. For more information about purchasing a plot of land using materiel capital, read this detailed material on our website.

Step 2. Collecting documentation and contacting the Pension Fund

To obtain permission from the Pension Fund to spend capital for the construction of individual housing, you will need to prepare the following package of documentation:

Application for disposal of maternal capital funds.
The applicant's civil passport.
MSK certificate.
Children's birth certificates.
SNILS of the applicant.
A marriage certificate, if the spouse of the owner of the MK is the owner of the land or intends to carry out construction work independently.
Title documentation for the land plot (DCP, deed of gift, will, rent agreement, etc.).
Construction project (ordered from a company with a license to carry out consulting work).
Extract from the Unified State Register of Real Estate for the land plot.
Certificate from the bank with the account number for transferring funds.
Permission for the construction of residential real estate.
A power of attorney certified by a notary, if the interests of the applicant are represented by a third party.

An application for disposal of maternity capital funds can be filled out before applying to the Pension Fund by downloading it on our website. In the same place (link) see the sample and instructions for filling.

Documentation can be transferred to the Pension Fund in the following ways:

In person at the branch or through a representative.
Through MFC.
Through the State Services portal or personal account on the Pension Fund website.
By registered mail with a list of enclosed documentation.

The applicant will need to present the original documents and their copies to the Pension Fund. The specialist will check them for compliance and give the originals to the applicant. If the application was sent through electronic services, then the owner of the certificate for maternal capital must provide paper documents to the Pension Fund within 5 days.

Within a month, the request will be considered and the owner of the capital will be notified of the decision made in the manner specified in the application.

Step 3. Transfer money and start work

After receiving a positive decision from the Pension Fund, half of the amount will be transferred within a month using the provided details. Upon receipt of the first tranche, you can begin construction work. Over the course of six months, it is necessary to equip the foundation, erect walls and roof. If reconstruction is carried out, then work will need to be carried out, as a result of which the living space of the household will be increased.

Next, after the specified period, you should contact the municipal department of architecture to obtain an inspection certificate about the start of construction work. This document is submitted to the Pension Fund for the transfer of the remaining amount under the state program.

State support funds are allowed to be spent exclusively on the purchase of building materials. It is recommended to save receipts. If controversial issues arise, they will prove the applicant is right.

Matkapital for building a summer house

In order for the state to allocate maternity capital for the construction of a dacha, it is necessary to submit an appropriate application, indicating the purpose of “improving housing conditions, constructing a residential building.” Of course, it’s not worth specifying the goal of building a summer house.

To apply, you must provide the following official documents:

construction contract (if a special organization is involved in construction);
document on ownership of the land plot on which construction is planned;
building permit;
obligation to allocate shares to children.

Maternity capital funds can be used when the baby turns three years old. Before this, the state can only help the family that took out a loan to build a house. In this case, you can either pay off interest with maternal capital or pay the down payment, supplementing the main package of documents with a mortgage agreement.

Regional capital for the construction of a dacha

Large families with three or more children can count on help from the local government.
Basically, in the regions, the directions of the certificate repeat the goals established by the federal state program, that is, one of the directions can be chosen to improve housing conditions. Thus, in the Kursk region, Law No. 108-ZKO allows for the allocation of 75 thousand rubles for this purpose, in the Tula and Ryazan regions (according to local laws No. 285-ZTO and No. 91-OZ) - about 65 thousand rubles. A large family in the Belgorod region is entitled to even less, where the local capital is 55,388 rubles (according to Law No. 165).

Large families in the following regions can allocate 100 thousand rubles for the construction of a residential property:

Amur Region (law No. 446);
Bryansk region (law No. 97-Z);
Irkutsk region (law No. 101-OZ);
Novosibirsk region (law No. 125-OZ);
Nizhny Novgorod region (law No. 130-z);
Pskov region (law No. 1060-OZ);
Samara region (law No. 122-GD);
Saratov region (law No. 212-ZSO);
Tambov region (law No. 11-Z);
Khakassia (law No. 64-ЗРХ);
Chuvashia (presidential decree No. 100).

From 115 to 120 thousand can be obtained in the following regions:

Krasnodar Territory (law No. 836-KZ);
Khanty-Mansi Autonomous Okrug (law No. 100-OZ);
Orenburg region (law No. 249/39-V-OZ);
Voronezh region (law No. 103-OZ);
Leningrad region (law No. 72-OZ);
Jewish Autonomous Region (law No. 965-OZ);
Murmansk region (law No. 1447-01-ZMO).

Local maternity capital is slightly larger for residents of the Oryol region (130,490 rubles according to decree No. 231), Chukotka (131,557 rubles according to law No. 38-OZ), Yakutia (139,716 rubles according to law No. 803-IV) and Omsk region (138,266 rubles according to Law No. 1061-OZ).

Large families of the Komi Republic and St. Petersburg (according to laws No. 45-RZ and No. 810 151) can claim an amount of about 150 thousand rubles, Primorsky Territory - 169,857 rubles (according to Law No. 206-KZ), Khabarovsk Territory, Sakhalin and Kostroma regions - about 200 thousand rubles (according to laws No. 112, No. 21-ZO and No. 197-4-ZKO, respectively).

In the Kemerovo region (law No. 51-OZ), parents with many children can receive 130 thousand rubles to build a house, but on the condition that they used federal maternal capital funds to expand their living space.

Regional maternity capital issued in person

Many constituent entities of the Russian Federation provide their citizens with many children the right to receive money in their hands. The minimum amount by region is 50 thousand rubles and is issued to residents of large families in the following regions:

Adygea (law No. 117-1);
Arkhangelsk region (law No. 496-30-OZ);
Kaluga region (law No. 240-OZ);
Lipetsk region (law No. 498-OZ);
North Ossetia (law No. 12-RZ).

In the Yaroslavl region, order No. 20-11 provides a large family with 56 thousand rubles, in the Astrakhan and Vladimir regions (according to laws No. 85/2016-OZ and No. 127-OZ) - about 57 thousand rubles, in the Trans-Baikal Territory (law No. 107-ZZK ) — 63,515 rubles. In other subjects, this amount grows, ranging from 70-75 thousand (in the Volgograd and Kirov regions according to laws No. 246-OD and No. 546-ZO) to 100 thousand (according to the law of the Vologda region No. 3603-OZ).

In the Altai Republic, Law No. 44-RZ gives the right to families who have a fourth child to receive 50 thousand rubles, and in the Tyva Republic, according to Law No. 937 VH-1, the same amount is given to those who have a fifth baby.

Features of some regional programs

Residents of Kabardino-Balkaria who have had their fifth baby can receive assistance in the amount of 350 thousand rubles to improve their housing conditions, which is guaranteed by Resolution No. 20-PP. And in the Republic of Bashkortostan, Law No. 383-z provides for the issuance of 453 thousand rubles to a family that has adopted a child, and if the child is recognized as disabled, then the amount increases by 100 thousand. These funds can be used for the construction of a residential building on the territory of the republic.

In the Magadan Region, according to Law No. 1420-OZ, along with citizens with many children, mothers of their first child who are under 25 years old can also receive 126,480 rubles. The money can be used, among other purposes, for housing construction. A similar law (No. 615) was adopted in the Kamchatka Territory, where the mother of the first child must not only be married, but also not older than 24 years. If these conditions are met, she is entitled to 115,700 rubles. The authorities of the Ivanovo region (according to Law No. 7-OZ) give young parents 50 thousand rubles at the birth of their first child, provided that both spouses are low-income students.

In the Novgorod region, according to Law No. 997-OZ, a large family can receive 200 thousand rubles, provided that at least half of the funds are used to improve living conditions. Moreover, you can receive state help more than once, as in the Kaliningrad region, where Law No. 17 provides for the issuance of 100 thousand for the third and fourth children and twice as much for the birth of the fifth and beyond. In the Republic of Mordovia (according to Law No. 66-Z) you can also receive maternity capital for each child, starting from the third: 125 thousand rubles for the third, 150 thousand for the fourth and 187,906 for the fifth and each subsequent one.

Some subjects of the Russian Federation set one of the goals of directing local capital funds to the acquisition of a summer cottage plot on which to build a house. This is adopted by laws No. 86-OZ and No. 324-IV-Z in the Sverdlovsk region and Kalmykia. And in the Nenets Autonomous Okrug, Law No. 36-OZ allows a family with at least a third child to buy not only a personal subsidiary plot, but also a boat with a motor, a garage and even a bathhouse for the amount of 366,356 rubles. In the Rostov region, maternity capital (117,754 rubles) is prohibited by Law No. 499 from being directly spent on the construction of a summer house (only a residential building), but you can connect gas and water or compensate for the costs of constructing a well or borehole. In the Tomsk region (law No. 253-OZ), those who have a third child can count not only on maternal capital in the amount of 100 thousand rubles for building a house, but also on a free plot of land for construction.

In the Krasnoyarsk Territory, a family with three children can immediately after receiving a certificate send 136,946 rubles to build a house, but this can only be done on the site that was received free of charge, this is guaranteed by Law No. 12-5937.

Hiring a contractor for work

When constructing residential real estate by a contractor, the requirements for the land plot do not change. The right to use it must be confirmed by one of the documents, the list of which is presented above (see “Step 1: Acquisition of a plot of land” ).

We recommend watching the video below, which tells you how to register and receive maternity capital for the construction of a residential building without involving a contractor. What documents, where to get them, how to avoid unreasonable expenses.

Step 1. Selecting a construction company

Lawyers advise adhering to the following recommendations when searching for a contractor for the construction of a residential building or its reconstruction:

You should not contact crews working seasonally without a license.
You should familiarize yourself with several projects of the future house made by contractors and choose the most suitable one in terms of room arrangement, materials, area, etc.
It would be useful to study reviews about the organization, you should find out the opinions of former clients, and, if possible, visit households built by the company.
When communicating with a contractor, you need to notice the smallest details: how they talk to clients, the presence of complaints, the situation in the office.
Preference should be given to a company that has been operating for at least 3 years with examples of successfully implemented projects.

The owner of a certificate for maternal capital can order the construction of a turnkey house or determine other conditions. Funds will be transferred to the company's account in the amount set by the customer.

Step 2. Conclusion of contractual relations

The owner of the certificate must enter into an agreement with the contractor to carry out the work. The document will need to indicate that maternity capital is used for calculations and provide for installment plans.

Step 3. Contact the Pension Fund and transfer money

In this case, the list of documentation that should be provided to the local branch of the Pension Fund consists of the following evidence:

Statements on the disposal of maternal capital funds.
Civil passport of the MK holder.
Maternity capital certificate.
Children's birth certificates.
SNILS of the owner of MK.
Marriage certificates, if the spouse of the holder of maternal capital owns a land plot.
Agreements with a contractor with details for transferring money.
Title documentation for a plot of land (contract, deed of gift, will, rent agreement, etc.).
Construction project (ordered from the construction company with which it is planned to conclude a deal).
Extracts from the Unified State Register of Real Estate for the land plot.
Permits for the construction of residential real estate.
A power of attorney certified by a notary, if the interests of the owner of the MSK are represented by another citizen.

The money will be transferred to the details specified in the agreement within 10 days from the date of approval of the application. Additional verification may increase this period by another 20 days.

Step 4. Construction work

After the conclusion of the contract, the contractor is obliged to begin construction work. They must be completed within the time limits established by the agreement. The parties should sign the acceptance certificate. If the customer has any complaints, then it is worth refusing to sign it until the shortcomings are eliminated. You can also indicate them in the act. By signing such a document, the developer undertakes to eliminate defects.

Federal Law No. 340-FZ dated August 3, 2018 “On Amendments to the Town Planning Code of the Russian Federation and Certain Legislative Acts of the Russian Federation,” which entered into force on August 4, 2021, has made significant changes to the construction procedure. The purpose of the changes is to streamline the construction and reconstruction of individual housing construction projects.

This law abolishes the requirement to obtain a construction (reconstruction) permit and permission to put individual housing construction projects into operation. Instead, the federal executive body, the executive body of a constituent entity of the Russian Federation or the local government body (hereinafter referred to as the authorized body) authorized to issue construction permits, which is in charge of the land plot, is given a notification by the owner of the land plot about the beginning and, accordingly, about completion of construction (reconstruction) of an individual housing construction project.

This is what the notification form looks like:

This document can be submitted in several ways:

Personally to the authorized body;
Through MFC;
Through State Services;
By registered letter with notification.

It must contain information about the developer, land plot and other information specified in clause 4 of Art. 51.1 of the Town Planning Code of the Russian Federation.

The notification must be accompanied by papers that confirm the rights to the land plot, as well as documents that describe the appearance of the house (in text and graphic form).

Within 7 days from the date of receipt of the notification, the authorized body conducts an inspection. He must ensure that the parameters of the individual housing construction project specified in the notification comply with the maximum parameters of permitted construction, reconstruction of capital construction projects, established rules of land use and development, territory planning documentation, and mandatory requirements for the parameters of capital construction projects established by the Town Planning Code of the Russian Federation, other federal laws and valid on the date of receipt of the notice of planned construction, as well as the admissibility of placing an individual housing construction project in accordance with the permitted use of the land plot and the restrictions established in accordance with the land and other legislation of the Russian Federation.

Receipt by the developer of a notification about the compliance of the parameters of an individual housing construction project specified in the notice of planned construction with the established parameters and the admissibility of placing an individual housing construction project on a land plot from the authorities authorized to issue construction permits, or the said authorities do not send a notification about the non-compliance of the parameters of the individual housing construction project specified in the notice of planned construction established parameters and (or) the inadmissibility of placing an individual housing construction project on a land plot is considered approval by the specified authorities of the construction or reconstruction of an individual housing construction project and gives the developer the right to carry out construction or reconstruction of an individual housing construction project in accordance with the parameters specified in the notification for 10 years.

After the house is built (reconstructed), the developer is required to draw up a notice of completion of construction (reconstruction). The deadline for submitting such a notification is no later than one month from the date of completion of construction (reconstruction).

The document must again contain information about the developer, about the land plot, information about the object, as well as about payment of the state fee for state registration of rights.

The notice of completion of construction (reconstruction) shall be accompanied by:

Technical plan of the individual housing construction facility;
An agreement concluded between the owner of a plot to determine their shares in the right of common shared ownership of a constructed or reconstructed individual housing construction project.

Within 7 working days, the authorized body checks documents and inspects the property to ensure compliance of the information specified by the developer in the notification with the real state of affairs. Based on the results of a comprehensive check, a positive or negative answer (refusal) is given.

If the developer fulfills all the requirements of the notification procedure, the authorized body is obliged to send to Rosreestr an application for state cadastral registration and state registration of rights to the individual housing construction project within 7 working days from the date of receipt of the notification. The developer also retains the right to submit documents to Rosreestr himself.

This notification procedure is mandatory.

According to clause 59, part 1, article 26 of the Federal Law of July 13, 2015 No. 218-FZ “On State Registration of Real Estate”, if the notification about the completion of construction or reconstruction of an individual housing construction project, about state cadastral registration and (or) state registration of rights which an application has been submitted, has not been sent by the developer to the state authority or local government authority authorized to issue construction permits, Rosreestr has the right to suspend registration and registration actions in relation to the property.

Failure to eliminate the reason will entail a refusal to carry out state cadastral registration and (or) state registration of rights in accordance with Art. 27 of the Registration Law. Source.

Is it possible to buy land with funds received from the state?

It follows from the list that the use of maternity capital to improve housing conditions does not include the purchase of land. The result of such an acquisition is not an improvement in living conditions, because the owners have yet to build a house on the new site. And this cannot be considered fulfillment of the conditions for the use of maternal capital.

But there is still an option for those who dream of building their own home using public funds: building housing on a site that is already the property of the family. A mandatory condition is that the land area be included in the “Individual Housing Construction” category.

The purchased house must be located on land related to one of the types of permitted use (PUR):

for individual housing construction (IHC) - intended for the construction of a residential building of no more than 3 floors, placement of garages and utility buildings, cultivation of agricultural and ornamental crops;
for personal subsidiary plots (LPH) - it is allowed to build a residential building, produce agricultural products, place a garage and auxiliary buildings;
for a blocked residential development - build a house of up to 3 floors, intended for one family, but having common walls with neighboring residential buildings.

An individual housing construction project, for the purchase of which funds from maternal capital are used, must meet the criteria for residential premises established by Section II of the Decree of the Government of the Russian Federation No. 47 of January 28, 2006:

The house was built in a residential area.
Enclosing and supporting structures are in working order.
The foundation and load-bearing walls are not destroyed or damaged.
The housing has electricity, sewerage, water supply, ventilation, heating, gas (if the area is gasified).

How to compensate for the costs of a built house with maternal capital?

If the housing was built on its own and put into operation after the beginning of 2007, the owner of the MSK can reimburse the costs incurred using funds from the state program. On March 7, 2021, important changes took place that simplified the entire procedure:

Resolution No. 280 of February 27, 2021 states that the costs of building a private house or its reconstruction can now be reimbursed using an extract from Rosreestr. It must indicate that the plot of land for individual housing construction with the house built on it belongs to the family.

You can take advantage of this opportunity only after the child who is entitled to receive a certificate turns 3 years old.

How to use maternity capital for housing construction up to 3 years?

According to the law, a family can use state support money after the child who has been granted the right to receive it turns 3 years old. But in some situations it is possible to use MK without waiting for this period.

Svetlana Anokhina

Social lawyer

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Article 7, Part 6.1 of the Federal Law of the Russian Federation No. 256 allows you to use money to pay off debt or the first installment on a loan (mortgage). In this case, the banking agreement will need to clearly indicate the purpose of receiving the loan.

Spending the certificate to repay a mortgage loan

The money can be used to pay the first or next installment on a mortgage (loan for the construction of residential real estate), as well as to pay off interest on the amount owed.

If maternity capital is planned to be used to repay the first installment, then the Pension Fund will need to provide:

A copy of the loan agreement for the construction of a residential property.
If a mortgage agreement was drawn up, a copy of it is required.

In order to repay the principal amount or interest on it with maternity capital, the following documentation is sent to the Pension Fund:

A copy of the agreement with the bank.
Bank statement showing the outstanding interest balance.
If a mortgage agreement was concluded, a copy of it will be required.
Extract from the Unified State Register of Real Estate.
A copy of the permit for the construction of residential real estate.
A certificate confirming the transfer of the entire loan amount to the bank account of the certificate holder or his spouse.

The right to use state support in this direction arises for the family even if the bank loan was issued before the baby was born, giving the mother the right to receive maternity capital.

What kind of government assistance can a family expect?

Since 2021, state support is available to a wide range of Russian families. The amount of government assistance and how it is spent depend on the number of children, and also, in some cases, on the region of residence and low-income status.

Basically, maternity capital can be divided into three types:

Maternity capital for the firstborn (Law No. 418-FZ). Issued to a family that has had their first baby since January 2021 and whose income does not exceed 1.5 times the subsistence level. Such a family receives a monthly subsistence minimum transfer to the applicant’s personal account until the child turns one and a half years old. If you do not spend these funds, but leave them to accumulate, then in 18 months you can collect from 146,880 to 386,442 rubles (depending on the region). And this amount can be spent on building a summer house.
Federal family capital (law No. 256-FZ). It is 453 thousand and is issued to any family where at least a second child was born or adopted. However, you cannot receive the entire amount in your hands. Matkapital involves several areas of choice for the applicant, including the construction of a house. In this case, the money is transferred to the account of the construction organization or to a bank account, if desired, to compensate for the money spent on the construction of the object.
Regional maternity capital. This type of state assistance to families with children differs depending on the subject of the Russian Federation. The amount is also different for each region. Most often, local authorities support large families by issuing a certificate that can be spent on the proposed purposes, or by transferring money to the applicant’s personal account.

Spending maternal capital on the construction of a house with shared participation

You are allowed to use MK even if housing is still under construction. Using the certificate, the family can reimburse the costs incurred. For this purpose, the local PFR office must collect the following package of documentation:

passport;
SNILS;
MSK certificate;
certificate from the cooperative;
charter of the cooperative;
an extract from the cooperative with information about the amount paid and the balance of debt.

Before giving permission to spend money under the state program in this direction, Pension Fund employees carefully check the cooperative, the facility being built and the right to spend MSC.

Consequently, in 2021 the state provides the opportunity to use maternal capital funds in the construction of individual housing. But this will require meeting a number of conditions and collecting an impressive package of documentation. Moreover, a family can use money under the state program either before the child’s 3rd birthday or after this period.

Improving living conditionsHow to buy a house using maternal capital

Arbitrage practice

The law establishes the principle of the unity of fate of land plots and objects located on them: all objects firmly connected with the site follow its fate (clause 5, clause 1, article 1 of the Land Code of the Russian Federation). It follows that when the right of ownership is transferred to the acquirer of a building or structure, the right of ownership of the land plot occupied by the building or structure and necessary for its use also passes.

According to the Determination of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation dated January 30, 2018 No. 8-KG17-16, the court came to the conclusion that the plaintiff acquired a land plot and a residential building located on it, and the expenditure of funds from maternal (family) capital corresponds to the purpose of the direction these funds - to improve the family's living conditions.