How to use maternity capital up to 3 years? This question is gaining popularity every year. Not every family can wait until the deadline to qualify for funds from this program. We'll tell you whether you can use the certificate immediately after receiving it.

As a rule, the use of capital funds is allowed only after the youngest child turns three years old. But the need to spend money, even in targeted areas, may arise already at the time of receiving a personal document. In this regard, certain inconveniences arise.

According to the law, maternity capital funds can be used in several directions:

• To improve living conditions.
• To pay for studies.
• Transfer money to the funded part of your mother’s pension.
• Purchase goods for the adaptation of children with disabilities.

Basically, you can use maternity capital money before the expiration of the three-year period only in cases where the family has debt obligations - a loan to buy a home, a mortgage.

Is it necessary to wait 3 years to use maternity capital?

Initially, it was assumed that it would be possible to use maternity capital funds only after the child who was entitled to such a measure of social support turned 3 years old. However, since the start of this program, the text of the regulatory act has been repeatedly amended. One of these amendments lifted restrictions on the use of maternal capital money in several targeted areas at once:

1. As a down payment when applying for a mortgage for the purchase of residential real estate.
2. Repayment of part of the loan debt, if the money was intended to improve the family’s living conditions.
3. Payment for goods intended for the adaptation of a disabled child and his integration into society.

Each certificate owner has the right to use the capital before the expiration of the three-year period. To do this, you can contact the Pension Fund for registration of a lump sum payment from the capital. But this social support measure is a one-time one, paid only in certain years, depending on the economic situation in the country. For example, in 2016, mothers had the opportunity to receive a payment of 25,000 rubles.

Requirements for housing purchased with maternity capital

Most often, maternity capital is used to improve the living conditions of the family. Often the question of expanding living space arises precisely after the birth of a second child, and it is not always possible to wait until he is 3 years old.

Most often, parents come to the conclusion that four people need a larger apartment or a separate house. But not everyone has the opportunity to make such a large purchase on their own, without raising funds from outside. A mortgage can solve this issue.

According to Russian legislation, maternity capital funds can be spent on a mortgage loan, even if the child has not yet reached the age of three. In order for the Pension Fund to allocate funds from maternal capital for the purchase of residential premises, the object of purchase must meet several conditions:

1. Housing must be located in Russia.
2. Using maternal capital funds, a separate property should be purchased, and not a share in it.
3. The transaction can be carried out in any form permitted by law.
4. The application for the disposal of funds under the maternal certificate must indicate the purpose for which it is necessary to receive the money. You also need to indicate the exact amount to be transferred and attach documents confirming the intended use of the funds.
5. A real estate property purchased using capital funds must be registered as a property taking into account all family members, including children. Each of them must be allocated a share.

The last condition must be specified in the contract. Additionally, a notarized obligation must be submitted to the Pension Fund, which meets several conditions:

1. Housing must be purchased within six months from the date of transfer of funds by the Pension Fund from maternity capital, or after all encumbrances are removed from the property.
2. The size of shares in property for spouses and their children is established by agreement with all family members.
3. The interests of the child who was born after the real estate purchase and sale transaction was concluded, but before the mortgage obligations were repaid with the help of a maternal certificate, must be taken into account.

In what cases will you have to wait 3 years?

A young family will have to wait three years in the following situations:

1. If real estate is purchased without using borrowed funds. In this case, you can use the money only when the child reaches the age of three; all funds will be transferred directly to the seller’s account.
2. If a house is being built without a targeted loan. In this case, the construction option ( independently or with the involvement of a specialized organization) it does not matter.
3. If there is already housing, but it needs to be reconstructed ( a prerequisite for the sale of maternal capital is an increase in living space). It is unacceptable to renovate your property using certificate money; this is considered inappropriate use.

In these cases, you can wait until the baby is three years old and then act. The second option is to improve your living conditions at your own expense, keep all receipts and other documents confirming the fact of payment, and then apply for money under a certificate to reimburse costs.

How to properly use maternity capital to improve living conditions

There are several rules for registering the fact of spending capital on improving housing conditions, depending on the situation.

Loan repayment

If the owner of the certificate already has a loan issued for the purchase of residential premises, he has the right to apply to the Pension Fund to pay money for partial or full repayment of his debt obligations, without waiting 3 years. The peculiarity of the method is that it does not matter who is the borrower of the loan - the owner of the certificate himself, or his spouse.

You can use maternity capital for this purpose only if you have a targeted loan. A regular consumer loan cannot be repaid this way. It is also impossible to pay off fines and penalties accrued for late payments under the loan agreement at the expense of maternal capital.

Directing capital funds to repay an existing loan is possible only when the agreement expressly states that the loan was received for the purchase or construction of a house.

The first step to obtain maternity capital is to contact the bank to obtain a certificate indicating the balance of the loan outstanding. It must be submitted to the Pension Fund along with the following documents:

1. Passport.
2. SNILS.
3. Certificate.
4. Documents for real estate.
5. Other papers.

You also need to prepare an obligation to register housing as shared ownership for each family member.

The application and all related documentation are reviewed within 1 month.

Matkapital for initial payment

You can also use maternity capital for up to 3 years for the down payment on a loan if the loan is taken out to purchase a new home. You can also use the money from the certificate to build your own home, but only if the family owns a plot of land.

An apartment purchased with mortgage funds must be located within the borders of the Russian Federation. To use the funds under the certificate as a down payment, you must submit the following documents to the local branch of the Pension Fund located at your place of permanent residence:

1. Application for a down payment on a mortgage.
2. SNILS.
3. Passport of the applicant-owner of the certificate.
4. Maternal certificate.
5. Loan agreement.
6. Certificate of ownership, shared construction agreement.
7. An obligation certified by a notary.

Matkapital for a targeted loan

The use of maternity capital for up to 3 years is also allowed for obtaining a targeted loan. If the organization refuses to accept these funds, you can contact other banks that work with maternal capital.

We offer 5 banks that issue loans against a maternity capital certificate:

1. Sberbank.
2. VTB 24.
3. Bank opening.
4. Unicredit.
5. Bank of Moscow.

In the case of using maternity capital for up to 3 years, banks can put forward their own conditions for processing a targeted loan. As a rule, this is a relatively short loan period, the need to make a down payment.

Maternity capital funds are allowed to be spent on various purposes. But most often the priority becomes improving living conditions. How to use maternity capital to purchase housing in 2019?

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

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According to statistics as of mid-2019, more than 95% of maternity capital certificate holders want to use the funds to improve their living conditions.

But many citizens do not know how to properly manage capital, where to start, or what documents to collect. How to use maternity capital to purchase housing in 2019?

Basic moments

The only document confirming the right to use maternal capital is a state-issued personal certificate with a number in the form of a unique combination of numbers.

The form of the certificate and the process for obtaining it are determined by the basic law governing this type of state support -.

To resolve the housing issue with the help of maternity capital, not much is required. Need to:

1. Receive a certificate for maternal capital.
2. Find a suitable property to purchase.
3. After completing the transaction, contact the Pension Fund with the appropriate documents.

But a simple scheme turns out to be more complex in practice. Which object is considered suitable? What documents need to be submitted to the Pension Fund? To answer these questions, it is necessary to study the legislative norms in more detail.

Definitions

Maternity capital is a measure of state support. It is intended for families who have decided to have/adopt a second child.

The program for the provision of maternal capital has been operating in the Russian Federation since 2007. Initially, the validity period was expected until the end of 2016. Later, the program was extended and at this time the end date is December 31, 2018.

A special feature of the program is that you can apply for a certificate at any time after the right to maternity capital arises.

Equally, funds can be spent at any time after the child reaches the age of three, even after the end of the program.

In some cases, funds can be used before the child turns three years old. The amount of maternity capital was initially 250,000 rubles.

Due to indexation, by 2019 this amount increased to 453,026 rubles. The certificate is issued only once.

That is, having received maternity capital for a second child, you cannot apply for a subsidy when a subsequent child appears. If the certificate is lost or damaged, you can receive a duplicate, but the amount will be indicated as before.

Capital may be spent for strictly designated purposes. The Pension Fund carefully controls the expenditure of funds and the legal purity of transactions using maternal capital.

What can you spend MK on?

What and when can you spend your maternity capital? The law provides for several options for spending MK funds:

1. Improving living conditions.
2. Children's education.
3. Increasing mother's pension savings.

Somewhat later, the possibility of using maternal capital for the adaptation of disabled children was added to the main list.

As for improving living conditions, this definition implies a fairly extensive list of actions. In particular, you can:

• buy a house, apartment, room with your own funds, paying part of the cost at the expense of MK;
• purchase housing with borrowed funds, repaying the loan partially with maternity capital;
• use capital as a down payment;
• carry out reconstruction of housing with an increase in living space or build a house by attracting maternal capital.

To use capital, you must provide the Fund with documentary evidence of expenses. Moreover, the documents will be carefully checked.

If it turns out that the residential property does not meet the requirements or the transaction covers up the fact of cashing out the certificate, then the issuance of funds will be refused.

Normative base

The maternity capital program was approved by Federal Law No. 256 of December 29, 2006. This standard approves the procedure for issuing a certificate, requirements for recipients, purposes of expenditure, and rules of use.

In addition, some issues regarding the use of MC are regulated by other standards. This determines the general requirements for purchasing housing using maternal capital.

Lists of documents for each specific case are described here. In addition, the main nuances are discussed in the main law, Federal Law No. 256.

According to Article 10 of this law, housing purchased with family capital must be registered as the common property of parents and children, with the size of the shares determined by agreement.

As a rule, shares are allocated through the conclusion of a deed of gift in favor of children. The transfer of ownership of shares must be registered in Rosreestr.

Some legislative changes have simplified the process of using maternal capital.

In addition, other documents may be required. In particular you will need:

• notarial obligation on the future allocation of shares to family members;
• certificate of ownership of the apartment;
• or about divorce.

Procedure for registration of MK

The process of obtaining the right to maternity capital is no different. Once the grounds for obtaining an MK arise, you must contact the Pension Fund and submit the appropriate package of documents.

The owner of the certificate can be a Russian citizen who is the parent or adoptive parent of a second or subsequent child who has not previously received maternity capital.

An applicant for maternity capital submits to the Pension Fund:

• passport to confirm identity and citizenship;
• birth certificates of all children.

Documents submitted to the Fund are reviewed within a month and, if there are no violations, the applicant is issued a certificate.

If to improve living conditions

Improving living conditions is not only considered the purchase of finished housing. The terms of the program allow the expenditure of maternal capital on the construction or reconstruction of an object.

At the same time, construction work can be carried out either on your own or with the assistance of.

You can also receive reimbursement for the costs of building a house if the property was put into operation no earlier than 2007.

If the construction or reconstruction of housing is carried out by a construction organization, then the Pension Fund will need to provide documents on ownership of the residential property and.

MK funds will be transferred directly to the construction company’s account. When housing is being built or reconstructed on its own, cashing out the MK is carried out in two stages.

Initially, the certificate owner is entitled to receive 50% of the amount. For this purpose the following is submitted to the Fund:

The remaining capital is transferred to the applicant’s account six months later. To do this, documents confirming the completion of basic reconstruction or construction work are submitted to the Pension Fund.

If you want to reimburse the costs of building a house, you must carefully record the costs, since all documents on expenses must be submitted to the Fund.

These are receipts for the purchase of building materials, contracts with involved organizations and specialists. It is important to remember that reconstruction is not just a renovation of a residential space.

During the reconstruction process, the area of ​​the house must increase by at least one accounting standard. Moreover, the increase in area must have documentary evidence.

Drawing up a purchase and sale agreement

You can spend maternity capital on the purchase of secondary housing without borrowing funds only after the child, whose birth became the basis for registration of the MK, turns three years old.

Moreover, you can design both standard and . A regular contract is issued if the amount of capital is sufficient to cover the full cost of the home.

For example, you buy a house in a rural area. Also, a simple agreement formalizes a transaction carried out at the expense of maternal capital and personal savings of the buyer-owner of the certificate.

In any of the described cases, the seller will receive the full redemption value after the transaction is approved by the Pension Fund, that is, no earlier than 1.5 months later.

The procedure for purchasing housing at the expense of MK without borrowed funds is as follows:

1. The parties enter into an agreement, specifying all important conditions. Including encumbering the apartment with collateral until the full cost is paid.
2. The buyer transfers part of the funds. If partial payment is provided through savings.
3. The buyer registers ownership of the home with the note “by force of law”.
4. The contract and state registration certificate, together with the corresponding application, are submitted to the Pension Fund.
5. The fund transfers funds to the seller.
6. The parties to the transaction sign.
7. The seller removes the deposit.
8. The buyer becomes the full owner.

For your information! You can buy housing from relatives, with the exception of your spouse. But if it is subsequently established that the transaction was fictitious and was intended to conceal the cashing out of funds, then both the buyer and the seller will be held liable.

Installment payment when issuing a DCT is applied if a period of more than two months is expected before full payment.

This type of registration is used mainly when purchasing housing from the primary real estate market.

Under a share participation agreement in a new building

Shared construction is becoming increasingly popular among certificate holders, since for a relatively small amount you can buy housing in a new building.

The peculiarity of such a purchase is that at the time of registration, the owner of the certificate must have his own funds in the amount necessary to pay the cost, with the exception of the funds secured by the certificate.

You can use MK to pay for shared construction if:

• the object is 70% or more complete;
• the developer allows the use of MK funds.

How does the acquisition of housing occur with the involvement of MK with shared participation in construction? The registration procedure boils down to the following sequence of actions:

1. The premises are selected and booked, and the developer must be informed of partial repayment at the expense of MK.
2. Drawing up a share participation agreement indicating payment by installments, since the Pension Fund of the Russian Federation will not transfer the money immediately, but after a complete verification of the transaction.
3. Registration of the signed DDU in Rosreestr.
4. Depositing the buyer's personal funds into the developer's account.
5. Submission of documents to the Pension Fund (application for order of MK, DDU).
6. Review of the application by the Fund and transfer of money to the developer’s account.

Important! You cannot use MK to pay for the cost of an unfinished construction project when purchasing it from a shareholder.

Video: how to buy a home using maternity capital

does not apply to documents providing grounds for the use of maternal capital. The solution may be to terminate the previous contract and conclude a new DDU.

How to deal with a mortgage (loan)

When the amount of MK and personal savings is not enough, you can purchase housing by applying for maternity capital for the purchase of housing.

Moreover, it is important that the loan agreement provides for the targeted use of funds, namely the purchase or improvement of housing. Most often, MK is used when applying for a mortgage.

It is noteworthy that when applying for a mortgage, you can spend the funds until the child reaches three years of age. How to use maternity capital to buy an apartment for a child under 3 years old?

In this case, matkapital repays part of the principal debt or interest on the loan. To transfer funds to the creditor, the following is submitted to the Pension Fund:

• certificate from the bank about the balance;
• application for order of the MK;
• certificate;
• passport of the owner of maternity capital.

If the amount declared for payment does not exceed the amount of the debt, then after checking the authenticity of the documents, the Fund will transfer funds towards repayment.

Important! It is impossible to repay the loan with maternity capital, penalties and fines. Maternity capital funds can be used as a down payment on a mortgage.

This requires a slightly different procedure:

1. The bank must approve the use of MK for the down payment (not all institutions work according to this scheme).
2. The housing found must comply with the requirements of the law (separate, without encumbrances, with normal living conditions, etc.).
3. Conclude a mortgage agreement.
4. Submit documents for consideration to the Pension Fund.

After how many years can it be used?

According to general legislative norms, maternity capital funds can be used no earlier than the child reaches three years of age.

The only exception is the repayment of existing housing loans. That is, you can buy a finished home or carry out reconstruction after the child’s third birthday.

But when applying for a mortgage or repaying a previously issued housing loan, the funds can be used almost immediately after receiving the certificate.

As for the statute of limitations for using MK, there is none at all.

Having once received the certificate, the owner can use the funds both after five and fifteen years. If necessary, maternity capital funds can be used partially.

In general, buying a home using maternal capital is not much different from a regular transaction. A purchase and sale agreement, mortgage or equity participation agreement is drawn up according to a standard scheme.

Contacting the Pension Fund of the Russian Federation requires special attention. To ensure that the Fund does not refuse to issue funds, it is necessary to indicate in detail in the application for the order of the MK the purpose of the application and the required amount, confirming the request with all the necessary documents.

Attention!

• Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
• All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

That's why FREE expert consultants work for you around the clock!

One of the most popular areas for managing MSC funds is the acquisition of residential real estate. They include apartments and private houses that meet the basic living conditions for citizens.

Let's consider how to purchase a house using family capital, and which houses are suitable for purchase using maternal capital in 2019.

Purposes of using MK

The norms of Federal Law No. 218-FZ establish the possible purposes for which MSC budget funds are allowed to be allocated.

This list includes the following areas:

• purchase of residential real estate, including using credit options;
• home repair and reconstruction work;
• financing the funded part of a woman’s pension;
• payment for the educational process for minors;
• purchase of special rehabilitation equipment for children with disabilities.

Each of these areas has its own characteristics that certificate holders must comply with. The length of time that has passed since the emergence of the right to MSC funds becomes important.

Rules for purchasing a house at the expense of MK

The general rules for the use of MSK funds, including the conditions for purchasing a house with maternity capital, are regulated in Law No. 256-FZ:

• the living space should not worsen the living conditions of the family;
• the object must be acquired into the ownership of all family members, and, above all, minor children;
• At least three years have passed since the right to participate in the MSK program became available.

Previously, the law did not have the opportunity to purchase a house using a certificate before the child, after whose birth the right to MSC became available, had 3 years without a mortgage.

Currently, only purchasing a house using maternity capital without using borrowed funds will be available only after the second child reaches the age of three. If you have a loan for these purposes, the money can be used immediately. Even if the purchase of housing was made before the actual/legal emergence of rights to the MSK certificate.

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Procedure for buying a house using maternity capital

In order to use maternity capital to pay for a purchased house, citizens need to perform a number of legally significant actions. Their order depends on whether the child is 3 years old or not.

Do you need information on this issue? and our lawyers will contact you shortly.

Buying a house after a child turns 3 years old

If the family does not decide to use borrowed money to purchase the property, it will have to wait until three years have passed since the birth of the second child. In this case, the transaction will be formalized according to the general rules of civil law.

Agreement conditions

The agreement will provide for the following conditions:

• the price of the house and the plot of land under it must be divided, since the MSK program does not provide for the possibility of acquiring land;
• the procedure for transferring money to the seller may provide for full repayment of the cost of the object at the expense of MSC or partial payment;
• since the payment from the Pension Fund will be deferred in time, the contract specifies the maximum period for fulfilling the obligation (no more than two months);
• Until full settlement of the transaction, a pledge is established in relation to the object.

To use mat capital to purchase a house, you must obtain from the Rosreestr authorities an extract from the Unified State Register of Real Estate and a registered copy of the contract.

Important! If, during the transaction, the parents did not immediately decide to register ownership of their children, they will have to formalize the obligations with a notarization. Without this form, the Pension Fund of Russia will refuse the order of the MSC.

Documents are reviewed by the Pension Fund within a period not exceeding two months from the date of application. If a positive decision is made, the money will be sent to the seller's account.

Procedure

Thus, in order to buy a house using maternity capital, you must follow the following step-by-step instructions:

• find an owner willing to arrange a sale with deferred payment;
• draw up an agreement (it is recommended to use the services of an experienced lawyer, since such transactions require careful preparation);
• contact the Rosreestr authorities to register the transfer of ownership;
• receive an extract from the Unified State Register and a registered agreement;
• contact the territorial office of the Pension Fund of the Russian Federation and submit an application for the transfer of family capital funds to the seller.

Following these instructions will allow you to quickly and guaranteed purchase a house under the MSK program.

Making a purchase before the child turns 3 years old

You can buy a house with maternity capital immediately after the birth of a newborn, if loan money was used to complete the transaction.

The following features are taken into account:

• it is allowed not only to buy a house using maternal capital under a mortgage agreement taken out after the birth of a child, but also to transfer money to fulfill a loan obligation taken long before the birth of the child;
• the conditions for purchasing a house with maternity capital allow for the transfer of MK funds as an initial payment on the loan;
• It is allowed to transfer money not only to fulfill the main loan obligation, but also to pay interest.

Procedure

The use of funds under the MSK certificate will consist of the following stages:

• searching for an object that meets legal requirements and agreeing on the terms of the transaction;
• drawing up a draft agreement under which the use of MSC funds will take place;
• concluding an agreement with a credit institution, which provides for full or partial payment under the purchase and sale agreement;
• contacting the Rosreestr authorities, registering property, as well as sales and purchase agreements and mortgages;
• receiving an extract from the Unified State Register of Real Estate with confirmed entitlement.

Paying the cost of the house

For the Pension Fund, the legal basis will be payment by the bank to the seller or allocation of the loan amount to citizens to transfer it as payment under the agreement. In any case, the Pension Fund will need to obtain evidence of payment, except in cases where MSC funds are used as a down payment.

Attention! Money under a family certificate is transferred only in non-cash form; this is the procedure that must be specified in the contract.

Requirements for the property

The basic requirements for a house for maternity capital are set out in Law No. 256-FZ, the Housing Code and Government Decree No. 47.

A house in the village for the purchase of which maternity capital is allocated must meet the following conditions:

• be suitable for citizens to live in, i.e. must have main and auxiliary premises characteristic of housing;
• comply with sanitary and technical rules set forth in regulations.

Compliance with these requirements will be verified by Pension Fund employees after submitting an application for the allocation of MSC funds. For this purpose, guardianship and trusteeship authorities may be involved, whose powers include supervision of compliance with the housing rights of minor citizens. Based on the results of such a survey, a report may be drawn up stating that it is inappropriate to allocate funds for maternity capital, since the family’s housing rights are not improving.

Attention! Once the technical condition of the house is established, it will be lawful to refuse to allocate MSC funds for emergency housing.

Moreover, if the house has a significant percentage of wear and tear, this fact will not be an independent reason for issuing a refusal. Such cases are typical for the purchase of a house made of timber, the date of construction of which causes almost maximum wear and tear.

Yes, according to the law, you can purchase housing immediately after receiving the certificate, but only through. Because the law provides for the use of swear words. capital before the due date only for the purchase of goods for disabled children, as well as for the repayment of loans that were issued for the purpose of purchasing an apartment.

How to do it?

Reference! In accordance with Article 7 of Federal Law No. 256 of December 29, 2006, a certificate for the purchase of housing can be used only after 3 years from the birth of the child through whom the family received this document.

But later they adopted provisions allowing this to be done immediately, but only in exceptional cases. Let's consider legal ways to spend maternity capital without waiting for the due date, as well as the conditions for their implementation.

We talk about how you can cash out maternity capital if your child is under 3 years old, and read about whether you can use this method to purchase housing without a mortgage.

Help for disabled children

Raising children who suffer from serious illnesses requires large expenses: medications, equipment, surgeries, rehabilitation, and the services of specialized specialists. Parents often cannot afford such expenses, which is why a decision was made to allow the use of maternity capital funds for some needs of disabled children.

You cannot spend money on the purchase of medicines, technical equipment and medical services, which are officially considered free and must be paid for from the budget.

What can be purchased with maternity capital funds is described in a special list. Funds are allocated not for payment, but as compensation upon payment by parents.

Conditions for receiving:

• An indication of the required product or service in an individual rehabilitation program, which is compiled by a medical and social examination.
• Independent purchase of the desired product while saving receipts;
• A verification report from the social security authorities confirming that the goods have been received and paid for.
• Appeal to the Pension Fund for reimbursement of the cost of goods at the expense of maternal capital.

Down payment for mortgage

It is impossible to buy a full-fledged apartment for MSC money, but apply for MSK as a down payment for a mortgage is quite real. In 99% of cases, banks provide a mortgage loan only with the condition of paying a down payment. This amount should be equal to 10-20% of the total cost of housing.

This area is regulated by Federal Law No. 102 of July 16, 1998.

You need to collect the necessary documents:

1. Application to the pension fund to use capital to improve living conditions.
2. A passport with registration, if the loan is received by a spouse, then also the passport of the certificate owner. Proof of relationship – marriage certificate.
3. A copy of the registered mortgage agreement.
4. An undertaking certified by a notary that the property will be divided in equal shares to all family members within six months after the apartment is completely transferred into ownership.
5. A copy of the purchase and sale agreement.

We talk about what documents will be needed to purchase an apartment using maternity capital, including under the mortgage program.

Conditions for receiving:

• Bank consent.
• The capital must fully cover the required contribution.

pros. Not every young family can provide a down payment for a mortgage, so using capital provides this opportunity.

Minuses. They still cannot agree on how to properly formalize such a contribution. Either transfer the funds to the seller, or take them into account in the loan amount. This is why most banks refuse this method. Complicating the procedure is the fact that The Pension Fund transfers money only after 2 months, while the initial payment is given upon conclusion of the transaction(read about how long after the transaction the money from maternity capital will be transferred and received).

Repayment of part of a home loan

If a mortgage has already been taken out, then it is quite possible to use maternal capital to repay part of the amount ahead of schedule. To the previously listed documents (see paragraph “Down Payment”) you need to add:

• Certificate of the amount of loan principal and interest.
• A document that certifies the transfer of money from the bank to the seller of the apartment.

After transferring money, the bank makes a recalculation, and the balance is paid according to the new payment schedule.

Advantages and disadvantages of early payment

There are no disadvantages. The family can be freed from the burden of the loan ahead of schedule. If you repay early, you will need to pay a smaller amount to the bank. And there are no serious obstacles during registration.

Important! Payment of fines for late payments, as well as penalties and interest for non-payment cannot be made using maternal capital funds.

Buying a home in a new building

You can buy housing in an unfinished house. Today it is allowed to buy housing in a house at any stage of construction.
Terms of registration:

1. Find a developer ready to make a deal involving capital. As a rule, banks themselves have agreements with developers. You can find out about this by contacting the bank you have chosen for lending; they will offer the developers they work with.
2. It is necessary to draw up and register a share participation agreement.
3. Obtain approval from the Pension Fund for such a transaction.
4. Complete the transfer of capital funds.
5. Draw up a mortgage agreement with the bank.

We talk about various ways to purchase housing using maternity capital, including the possibility of purchasing an apartment using the DDU.

Positive points

Such housing has a lower cost, and the mortgage is issued at a reduced interest rate.

Negative

You will have to wait for check-in and the deadlines specified by the developer are not always implemented in reality. Using maternity capital as a down payment is not always possible and depends on the bank.

Self-building a house

How can funds be used in this case? You are allowed to spend maternity capital to repay a targeted loan - for the construction or reconstruction of a house. The loan can be either a mortgage or a regular loan with a special purpose.

Terms of registration:

• The construction site must be owned by one of the spouses or be used free of charge.
• The land must have a residential purpose. Dacha plots do not have this status.
• A municipal permit for construction is required.
• According to the construction plan, the house must ultimately meet the necessary standards for residential premises.
• During reconstruction, the area should increase by at least 18 square meters. meters.
• You can build it yourself or delegate it to a contractor.

Pros. This method can help owners of private houses improve their living conditions, and land owners - build their own home. You can repay an existing construction loan.

Minuses. If the family decides to build on its own, then it will have to account for every penny. In addition, funds will be issued in 2 stages: after 2 months - 50%, and after another six months the rest of the money. During construction by the contractor, the entire amount is transferred simultaneously to the organization’s account.

In exchange for a collateral apartment, guarantors can be provided. In any case, getting a loan from the main bank of the country is not so easy.

VTB 24

Terms of registration:

• Only for payment of the principal amount due.
• At the same time, the down payment, which is paid with personal funds, is equal to 20% of the total loan amount.
• You can buy either a finished apartment or a house under construction.
• The rate is 11.4% per annum.

AHML

Agency for Housing Mortgage Lending (AHML) or social mortgage provides loans on special conditions:

• The spouse becomes a co-borrower.
• Down payment – ​​10%.
• The rate is from 5 to 9.9% depending on the size of the down payment and the total loan amount.
• Issued either immediately or in installments according to the agreement.
• Loan from 300 thousand rubles.

Video

See in more detail whether it is possible to buy an apartment with maternity capital without waiting 3 years in the video below:

Conclusion

It is possible to purchase an apartment with the help of government support in the form of... The procedure is complicated by the presence of a credit institution, which sets its own conditions. In addition, it is not so easy to get bank approval. It is wise to make inquiries and choose the best option.

Methods for selling maternity capital are constantly being improved. The question of how to invest or up to 3 years remains relevant for many citizens. There are several completely legal ways to do this. Let's figure out what to do with the certificate in 2019 so as not to be punished for violating the law.

How to redeem a certificate before your child’s 3rd birthday

Methods for using state assistance funds for families with children are described in Federal Law No. 256-FZ of December 29, 2006. Initially, the regulatory document contained a condition. It required parents (guardians) to wait until the child’s third birthday, and only then apply to the Pension Fund of Russia (PFR) for funds.

This situation hindered the achievement of the stated goals of the program:

• families with children did not have the opportunity to improve living conditions during the first three years of the child’s life;
• the lack of funds flowing into the economy did not contribute to its development.

This initial error was corrected on December 25, 2008, by adopting a new law N 288-FZ, which amended the previous one. According to the updated version of Article 7 (Federal Law No. 256), state aid funds were proposed to be spent “at any time” after issuing a certificate for repayment:

• mortgage payment:
  • primary;
  • main;
• percent.

Specific directions for investing a certificate before the 3rd anniversary

In 2019, up to three years of maternity capital can be invested in improving the family’s living conditions in the following situations:

1. To service obligations to a financial institution that existed before the birth of the baby:
   • main body of the loan;
   • interest on it;
2. For the down payment on a new mortgage loan.

Other areas of application of the certificate before the child’s third birthday

On November 28, 2015, the State Duma adopted another amendment to the main legislative act regulating the implementation of the Maternity Capital program. It is approved by Federal Law No. 348-FZ. This document supplements paragraph 6.1 of Article 7 with a phrase that expands the scope of application of the certificate before the child’s third birthday.

Attention! Starting from 01/01/2016, budget money can be spent on rehabilitation and habilitation activities for children with health limitations raised in families.

We are talking about relatives and adopted children, without taking into account their order. That is, you can attract money from a certificate for the treatment of any disabled child.

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How to use the certificate early

The law defines a mechanism for the targeted allocation of maternity capital funds. To do this, citizens who have issued a certificate must contact the Pension Fund office with an application.

The algorithm of actions is as follows:

1. Determine the direction of investment before the child’s 3rd birthday.
2. Collect documents confirming its legality.
3. Write an application to the Pension Fund office about spending money on the certificate.
4. Wait for the issue to be resolved.

From January 1, 2018, it is allowed to send money for monthly payments for the 2nd child until he turns 1.5 years old in the amount of the regional children's minimum allowance at the recipient's place of residence.

Do you need information on this issue? and our lawyers will contact you shortly.

How to attract family capital to pay off a mortgage

If a family pays a housing loan, then it is necessary to collect the following documents to use the certificate immediately after receipt:

• a certificate from a banking institution about debt balances:
  • principal amount of the loan;
  • interest on it;
• documents for housing (from Rosreestr);
• loan agreement.

Attention! Whenever you contact the Pension Fund, you must have with you:

• passport of a citizen of the Russian Federation;
• certificate for family capital;
• SNILS.

After collecting a package of documents, you need to decide where it is more profitable to send the maternity capital money:

1. for the principal amount of the mortgage;
2. on interest.

The application describes the chosen direction and indicates the specific amount. Pension Fund specialists make a decision within one month. If all documents are submitted correctly, then after 60 days the money will arrive at the banking institution.

Important! The amount of state aid is allowed to be used in parts. A separate application for disposal is drawn up for each.

First mortgage payment before child's third birthday

To purchase an apartment, house or room, you can raise funds from two sources:

• state budget (certificate);
• banking institution.

Moreover, it is not necessary to wait three years. This is exactly the case described in paragraph 6.1 of Article 7 of the above-mentioned law - improving the living conditions of the family.

To apply to the Pension Fund for money you will need the following documents:

1. loan agreement;
2. information about the initial payment;
3. certificate from Rosreestr about ownership of the premises;
4. papers from the main list.

Legal ways to cash out a certificate earlier than 3 years

In 2015 - 2016, there was a law allowing families to receive a small part of the 453,026 rubles of maternal capital. The authorities took into account the situation of people who found themselves in difficult conditions and adopted it as a segment of anti-crisis measures.

The money was issued under the following conditions:

1. only once a year;
2. immediately after registration of the right to state assistance for families with children (there was no need to wait three years);
3. by transfer to a bank account;
4. unconsciously;
5. without specifying the purposes of use (at the discretion of the recipient);
6. in 2015 the amount was 20,000 rubles, in 2016 it was increased to 25,000 rubles;
7. if the balance of funds on the certificate was less than the specified amounts, then only it was issued.

Loan against certificate up to three years

Before Law No. 54-FZ of 03/08/2015 came into force, citizens could pledge a certificate:

• microfinance organization (MFO);
• credit consumer cooperative (CPC).

This was recognized as a way of cashing out money that did not benefit the family and children. The disadvantages of this use of the certificate were as follows:

• a loan for maternal capital was issued for a short period (up to 3 months);
• high interest rates on the loan (which diverted family funds from supporting children).

This law tightened the requirements for budgetary organizations working with the federal budget. They are now:

• experience in the financial market for at least three years;
• registration with the Central Bank of the Russian Federation;
• membership in a self-regulatory organization.

How to invest a certificate in a PDA in 2019

To receive cash to purchase a home, you must first become a member of the CCP. Cooperatives do not issue funds to non-shareholders. In addition, the following subtleties should be taken into account:

• the money will be borrowed for a short period - up to 3 months;
• this time will only be enough to apply to the Pension Fund for the disposal of capital;
• KPK is undemanding when it comes to purchased housing;
• You will have to collect fewer documents.

Negative aspects of such a loan:

• The CPC issues only the amount secured by the certificate, no more;
• interest on the loan is higher than in the bank;
• The FIU may not approve the allocation of funds if the CCP does not meet legal requirements.

A little-known way to raise borrowed funds for capital

The law states that until the child reaches the age of three, family capital is allowed to be invested in the two areas indicated above. However, it doesn't say anything about where you can get it. Thus, it is possible to conclude an agreement with any organization operating under Russian laws.

But still there is an exception. The down payment is not allowed to be repaid with MSK funds if a loan agreement was concluded with microfinance organizations and credit consumer cooperatives before March 20, 2015.

In addition, in 2015, the list of financial organizations with which MSC certificate holders can enter into legal relations was clarified. Among them:

• credit institutions operating under the Federal Law “On Banks and Banking Activities”;
• credit consumer cooperatives operating under Federal Law-190 dated July 18, 2009 “On Credit Cooperation”, operating for 3 years from the date of state registration;
• other institutions providing loans under loan agreements, the fulfillment of obligations under which is secured by a mortgage.

This method of receiving state aid money is rarely practiced. In connection with this circumstance, it is recommended to coordinate a loan with a non-banking institution:

• with the management of the enterprise;
• with Pension Fund employees responsible for transferring money (lawyer or accountant).

To transfer budget funds, a non-banking institution will need to provide the Pension Fund with not only the main package of documents, but also its charter.

Important! The above describes legal ways to invest maternity capital before a child turns three years old.

All other attempts to cash out are considered fraud. And this threatens not only a fine, but also the initiation of criminal prosecution (a crime against the state and one’s own children).

Dear readers!

We describe typical ways to resolve legal issues, but each case is unique and requires individual legal assistance.

To quickly resolve your problem, we recommend contacting qualified lawyers of our site.