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Published: 12/08/2016
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Maternity capital is one of the social support measures provided by the state to certain categories of families.
There is a certain number of purposes and areas for which this type of assistance can be spent, and it must be used strictly within the framework of this list.
Next, we will consider the procedure for acquiring a real estate object such as a land plot using maternity capital, and the requirements that must be met.
- Legislation
- Requirements for the site There is a residential building on the site
- This opportunity is provided at the regional level
Is it possible to buy a plot of land with maternity capital?
A one-time benefit from the state is assigned to the family after the birth of the second child. The rule also applies to children taken from an orphanage. A mother who received MTC after the birth of her second child is not entitled to receive payments at the birth of subsequent children.
According to current legislation, benefits are paid only to Russian citizens. The program has been in effect since January 1, 2007. Investing in real estate is allowed after the child turns three years old.
In exceptional cases, it is possible to cash out the capital earlier. If the amount is required to repay a mortgage loan. In accordance with Federal Law No. 256 of December 29, 2006, maternity capital is used for the following purposes:
• construction of a residential building;
• restoration (repair) of existing real estate;
• closing a mortgage;
• participation in shared construction;
• child's education;
• replenishment of pension accruals for the mother.
The money cannot be spent on other purposes. It is not possible to buy land with capital in all regions of the country. Families living in St. Petersburg, Yaroslavl, Ivanovo, Orel and the Republic of Kalmykia have the right to use the allowance for the purchase of land.
Residents of other regions do not have the right to spend maternity capital to purchase land. In each region where the program allows the purchase of land on the MTC, a plan has been developed for the implementation of the event, taking into account the specifics of the area.
The purchase of land for capital capital is carried out with money paid at the regional level. The amount of the benefit is determined by local legislation. Federal MTC funds cannot be used.
This document (hereinafter referred to as the Policy) defines the privacy policy of an Individual Entrepreneur (hereinafter referred to as the Operator) regarding the security of personal data, its processing and storage, and applies to all personal data and information that the Operator can receive about the User of the site https:// good-zem.com/ (hereinafter referred to as the Site) during the User’s use of this Site, as well as programs and products posted on the Site.
Use of the Site means the User’s unconditional consent to this Policy and the conditions specified therein for the processing of his personal data and other information about the User. In case of disagreement with these terms, the User must refrain from using the Site.
The operator ensures the confidentiality and security of personal data when processing it in accordance with the legislation of the Russian Federation.
When processing personal data, the Operator complies with the principles and rules for processing personal data, as well as other requirements provided for by the Federal Law of the Russian Federation of July 27, 2006 No. 152-FZ “On Personal Data”.
DEFINITION OF TERMS
1.1. The following terms are used in this Privacy Policy:
1.1.1. “Site Administration” - the Operator, as well as persons authorized by the Operator to manage the Site, acting on behalf of the Operator, who organize and (or) carry out the processing of personal data, and also determine the purposes of processing personal data, the composition of personal data to be processed, actions (operations ) performed with personal data.
1.1.2. “Personal data” - any information relating to a directly or indirectly identified or identifiable individual (subject of personal data).
1.1.3. “Processing of personal data” - any action (operation) or set of actions (operations) performed using automation tools or without the use of such means with personal data, including collection, recording, systematization, accumulation, storage, clarification (updating, changing), extraction, use, transfer (distribution, provision, access), blocking, deletion, destruction of personal data.
1.1.4. “Operator” is a state body, municipal body, legal or natural person, independently or jointly with other persons organizing and (or) carrying out the processing of personal data, as well as determining the purposes of processing personal data, the composition of personal data to be processed, actions (operations) transactions performed with personal data;
1.1.5. “Confidentiality of personal data” is a mandatory requirement for the Operator or other person who has access to personal data not to disclose to third parties or distribute personal data without the consent of the subject of personal data, unless otherwise provided by federal law and/or this Policy.
1.1.6. “User” is a person who has access to the Site via the Internet and uses the Site.
1.1.7. “Cookies” are a small piece of data sent by a web server and stored on the user’s computer, which a web client or web browser sends to the web server each time in an HTTP request when an attempt is made to open a page on the corresponding site.
1.1.8. “IP address” is a unique network address of a node in a computer network built using the IP protocol.
GENERAL PROVISIONS
2.1. The User's use of the Site constitutes agreement with this Privacy Policy and the terms of processing of the User's personal data.
2.2. The Operator does not control and is not responsible for third party sites that the User can access via links available on the Site.
2.3. The Operator does not verify the accuracy of personal information and personal data provided by the User and does not have the opportunity to assess his legal capacity and legal capacity in relation to the personal information and personal data provided. However, the Operator assumes that the User provides reliable and sufficient personal information and personal data, and also keeps this information up to date. The User is responsible for any consequences of providing false or insufficient information.
PERSONAL INFORMATION
3.1. Personal information in this Policy means:
Information provided by the User independently, including Personal Data of the User and/or Personal Data of persons represented by the User.
Such information may be provided: when the User registers on the Site; sending documents and personal data by the User using the services of the Site; provision of documents and personal data to the email addresses and telephone numbers indicated on the Site; during subsequent interaction with the Site (editing a profile, filling out an order, contacting support); as well as other available methods.
3.2. Personal data permitted for processing under this Policy includes all Personal data provided by the User, including, but not limited to:
- last name, first name, patronymic, gender, date of birth, residential address, registration address, contact telephone number(s), email address (e-mail), age;
— details of a passport or other identification document;
— place of work, position held, data on work activity;
— marital status, family composition and information about relatives;
— details of the compulsory medical insurance (VHI) policy, insurance number of an individual personal account with the Pension Fund of Russia, taxpayer identification number;
— photographs and video materials depicting the User and/or persons represented by him;
— other data provided by the User, which, in accordance with the current legislation of the Russian Federation, is classified as Personal Data.
3.3. The operator collects statistics about the IP addresses of its visitors. This information is used to identify and solve technical problems, to control the legality of financial payments, to create the Operator’s marketing policy, for scientific and statistical research.
PURPOSES OF COLLECTING PERSONAL DATA
4.1. The Operator processes the personal data of the User and/or the persons represented by him in order to comply with the laws of the Russian Federation, as well as for the purpose of:
4.1.1. User identification;
4.1.2. To complete an application and/or conclude an Agreement;
4.1.3. Providing the User with access to personalized resources of the Site;
4.1.4. Establishing feedback with the User, including, but not limited to, sending responses, notifications, requests, letters, appeals, etc.;
4.1.5. Providing the User with effective customer and technical support if problems arise related to the use of the Site;
4.1.6. Sending news and other mailings to the User on behalf of the Operator or on behalf of the Operator’s partners, unless the User has refused to receive this information;
4.1.7. Informing about new products and services, special promotions and offers, conducting surveys, etc.
4.1.8. Providing the User with access to the sites or services of the Operator’s partners in order to receive products, updates and services;
4.1.9. Creating an account, if the User has not refused to create an account;
4.1.10. For other purposes specified by the User when applying or directly arising from the essence of the User’s application.
METHODS AND TERMS OF PROCESSING PERSONAL DATA
5.1. The processing of personal data provided by the User is carried out without a time limit, in any legal way, including in personal data information systems using automation tools or without the use of such tools.
5.2. The User agrees that the Operator has the right to transfer personal data to third parties, in particular, but not limited to: counterparties, partners, courier services, postal organizations, telecommunication operators, banking and credit organizations, government executive authorities, courts, as well as distribute /disclose Personal Data of both the User and the persons represented by him to an indefinite circle of persons, a certain person or a certain circle of persons, in order to implement the User’s request.
5.3. Personal data of the User and/or the persons he represents may be transferred to authorized government bodies of the Russian Federation only on the grounds and in the manner established by the legislation of the Russian Federation.
5.4. If Personal Data is lost or disclosed due to the fault of the Operator, the latter informs the User about the loss or disclosure of Personal Data.
5.7. The Operator takes the necessary organizational and technical measures to protect the User’s personal information from unauthorized or accidental access, destruction, modification, blocking, copying, distribution, as well as from other unlawful actions of third parties.
5.8. The Operator, together with the User, takes all necessary measures to prevent losses or other negative consequences caused by the loss or disclosure of the User’s personal data.
OBLIGATIONS OF THE PARTIES
6.1. The user is obliged:
6.1.1. Provide your Personal Data and/or Personal Data of the persons represented by them, necessary for using the Site and providing services to it.
6.1.2. Update, supplement the provided information about personal data if this information changes.
6.2. The operator is obliged:
6.2.1. Use the received Personal Data solely for the purposes specified in clause 4 of this Policy.
6.2.2. Ensure the storage of Personal Data, do not disclose it without the prior written permission of the User, and also not sell, exchange, publish, or disclose in other possible ways the transferred personal data of the User, except for the cases specified in paragraphs. 5.2. — 5.3. of this Policy.
6.2.3. Take precautions to protect the confidentiality of the User's Personal Data in accordance with the procedure generally used to protect such information in existing business transactions.
6.2.4. Block personal data relating to the relevant User from the moment of application or request from the User, or his legal representative or the authorized body for the protection of the rights of personal data subjects for the period of verification, in the event of detection of unreliable personal data or unlawful actions.
RESPONSIBILITY OF THE PARTIES
7.1. The Operator is liable to the User in connection with the unlawful use of personal data, in accordance with the legislation of the Russian Federation, except for the cases provided for in paragraphs. p.p. 5.2. — 5.3. and 7.2. of this Policy.
7.2. In case of loss or disclosure of Personal Data, the Operator is not responsible if the Personal Data:
7.2.1. Became public domain until they were lost or disclosed by the Operator.
7.2.2. They became public property not as a result of the Operator’s culpable actions.
7.2.3. Were received from a third party.
7.2.4. Were disclosed with the consent of the User.
DISPUTE RESOLUTION
8.1. Before filing a claim in court regarding disputes arising from the relationship between the User and the Operator, it is mandatory to submit a claim (a written proposal for a voluntary settlement of the dispute).
8.2. The recipient of the claim, within 30 calendar days from the date of receipt of the claim, notifies the claimant in writing of the results of consideration of the claim.
8.3. If no agreement is reached, the dispute will be referred to a judicial authority in accordance with the current legislation of the Russian Federation.
8.4. The current legislation of the Russian Federation applies to this Privacy Policy and the relationship between the User and the Operator.
ADDITIONAL TERMS
9.1. The Operator has the right to make changes to this Privacy Policy without the User’s consent.
9.2. The new Privacy Policy comes into force from the moment it is posted on the Site, unless otherwise provided by the new edition of the Privacy Policy.
9.4. The current Privacy Policy is available on the page at: https://good-zem.com/privacy-policy.
9.5. The User has the right to send all suggestions or questions regarding this Policy to the details specified on the contact information page of the Site.
RIGHTS OF PERSONAL DATA SUBJECTS
10.1. The subject of personal data has the right:
10.1.2. To receive personal data relating to this subject and information regarding their processing;
10.1.3. To clarify, block or destroy his personal data if they are incomplete, outdated, inaccurate, illegally obtained or are not necessary for the stated purpose of processing;
10.1.4. To withdraw the consent given by him to the processing of personal data;
10.1.5. To protect your rights and legitimate interests, including compensation for losses and compensation for moral damage in court;
10.1.6. To appeal the actions or inaction of the Operator to the authorized body for the protection of the rights of personal data subjects or in court.
10.2. To exercise their rights and legitimate interests, personal data subjects have the right to contact the Operator or send a request personally or with the help of a representative. The request must contain the information specified in Part 3 of Art. 14 Federal Law “On Personal Data”.
Site requirements
It is possible to purchase a plot of land using maternity capital; the main thing is to comply with certain conditions. When making such transactions, land is considered not an independent object, but an addition to real estate. For example, a house is under construction. The closer the construction is to completion, the greater the chances of receiving approval from the Pension Fund.
The purchase of a land plot is also permitted if it is suitable for the construction of a country house, but at the time of registration of the transaction the housing has not been built. The cadastral passport of the plot must indicate a certain type of use - individual construction (IHC).
If the allotment has a different purpose, try to adjust it by contacting local authorities. Otherwise, the Pension Fund of the Russian Federation will not approve the deal, since the site is not suitable for development.
Legislation
Maternity capital is a one-time and one-time payment that is due to a family on the occasion of the birth (or adoption) of a second child (or any subsequent one).
It is provided in the form of a certificate with a certain nominal value, and these funds can only be spent for purposes established by law.
Maternity capital can be provided both on the federal and on
regional level. In the first case, this measure is guaranteed for everyone, and in the second, it depends on the legislative characteristics of a particular subject of the Russian Federation.
A separate federal law No. 256 “On Maternity Capital” is devoted to the issues of receiving and using this type of assistance, which, among other things, lists all the purposes for which it can be used.
In particular, they include:
- formation of pension savings for the mother;
- improvement of living conditions (purchase or construction of a house, apartment, their reconstruction, repair);
- child's education.
Obviously, such an area as acquiring a land plot is not on this list. The only point with which it can somehow be correlated is the improvement of living conditions.
In this case, the purchase can be justified by the fact that over time a residential building will be built on the site in which the family will live.
However, such a prospect is very vague and inaccurate, since the period of building a house requires a lot of time and money. There is no guarantee that the final goal (that is, improving living conditions) will ultimately be achieved.
Procedure for completing a transaction
To buy land using maternity capital, follow the step-by-step instructions:
• Take a certificate certifying your right to receive maternity capital.
• Draw up an agreement on the purchase of a plot and go through the registration procedure with Rosreestr. Make sure that the intended purpose of the land is individual construction.
• Obtain permission from the municipality to develop the site.
• Fill out an application to the Pension Fund of the Russian Federation for the transfer of funds for the purchase of land.
• Get permission to use the money.
• Wait until you receive ½ amount. The payment is transferred after two months after receiving a positive response from the Pension Fund.
• Six months after the transaction is approved by the Russian Pension Fund, you will receive the second part of the money. However, payment will only be made if evidence of construction work is provided.
If certificate holders contact a construction company, the full amount is transferred to the developer’s account.
Video on the topic
For a detailed understanding of the issue, it is recommended to watch the video. It presents recommendations for building a house using government support funds.
Consequently, MSC of federal significance cannot be used for the acquisition of land. Pension Fund employees will give permission to spend money on the construction of real estate or the acquisition of an exploited residential property. Some regions have regional family support programs. In most cases, regional financial support is allowed to be spent on the purchase of a plot.
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Improving living conditionsPurchase of secondary housing using maternity capital
List of documents for obtaining a maternity capital certificate
To receive benefits, the Pension Fund will need to provide:
• Applicant's passport. Usually the certificate is issued in the name of the mother, but in the event of her death, the father can receive the money.
• Children's birth certificate. If there is a child over fourteen years old in the family, a passport will be required.
• SNILS of the applicant and children.
• Marriage certificate.
If you are purchasing a plot of land for the construction of a residential building, you will additionally need:
• Duplicates of documentation for the plot (purchase and sale agreement, certificate of state registration).
• A duplicate of the permit to begin construction work. The paper is drawn up in the town planning committee after the development of the house project.
• A duplicate of the agreement with contractors (subject to contacting a construction company).
• Obligation to provide a share, certified by a notary. If the construction of a building is carried out using MTC, then parents must allocate a share for each child.
Purchasing a plot for individual housing construction.
Maternity capital cannot be spent on an individual housing construction plot, but construction or reconstruction of a house is allowed. Parents of minors can purchase a ready-made house.
In this case, you will need to conclude two purchase and sale agreements and buy the plot with your own funds.
In this case, the property must meet the following requirements:
- be located on the territory of Russia;
- be suitable for permanent residence;
- the deterioration of the structure should not be higher than 50%;
- the house must have a postal address;
- You can register in the building.
to spend maternity capital on a construction site . The family must purchase the plot with their own funds or rent it.
If the owners of the land are other persons, even relatives, no money will be allocated for construction.
Conditions for the construction of real estate.
The conditions for using maternity capital for the construction of real estate are as follows:
- The money is allocated in 2 stages.
- Initially, the family will receive only half the amount.
- The second part of the funds will be allocated after 6 months, provided that the construction is completed.
The law states that citizens can first build a house and then submit an application to the Pension Fund for compensation of expenses.
But in such cases, the subsidy can be used only after the child turns 3 years old.
Maternity capital for the purchase of a summer house.
Why might they refuse funds?
The Pension Fund has the right to refuse to issue capital funds when purchasing a plot of land free of buildings. Also, the transaction will be suspended if the status of the site contradicts the requirements of the law and is not suitable for individual construction.
Since such actions contradict the goals of the program. It is intended to improve the living conditions of families with two or more children. And a land plot that does not belong to individual housing construction does not contribute to increasing the level of comfort of life for young children.
How to recognize a dacha as a residential building
In order for a country house to be recognized as residential and suitable for living, it must meet all relevant requirements and regulations. Also, premises in the house must comply with the standards applicable to residential premises. For example, it is necessary to have communications in the house (electricity, drainage, water supply, ventilation, heating, as well as gas supply in gasified areas). In addition, the cottage must comply with the standards and regulations applicable to the design and construction of buildings.
If the dacha meets all the requirements, it is necessary to submit an application for recognition as a residential building. This can be done at the administration at the location of the building or at the MFC, if there is one.
For this you will need:
- application for recognition of a country house as residential;
- a duplicate of documents for the house establishing a right that is not registered in the Unified State Register of Real Estate;
- country house reconstruction project;
- a conclusion made as a result of an inspection of fences and load-bearing elements of a residential premises.
Afterwards, a special commission should come and carry out all the necessary measurements and assessments. It is she who will make the decision whether the dacha meets the requirements of the standards or not. Within 30 days after the commission’s verdict, local authorities will decide to transfer the country house into a residential one. Next, an order is issued indicating the status of the housing and the possibility of its further use.
