Dacha amnesty: how to register a house without a building permit | Buguruslan

The size of the mat capital is relatively small - 453,026 rubles, therefore, you cannot buy a mansion in the central region of the city with this money. But the child’s body so needs fresh air and natural nutrition. Is it possible to buy a dacha with maternity capital?

This topic has already been sufficiently covered in the media. But there are still many difficulties in resolving this issue. There are certain subtleties in the use of family capital.

Lack of awareness leads to many legal mistakes. The above article suggests equipping yourself with the proper knowledge. By following the step-by-step instructions, you can avoid irreparable mistakes and use the mother certificate for its intended purpose.

Dacha for maternal capital: myths and reality

So, is it possible to spend maternity capital on buying a summer house?

Since January 1, 2007, assistance has been provided to Russian families in the form of state subsidies. One of the guidelines of this program is designed to improve and expand amenities in the form of expanding or improving housing. The condition is the birth or adoption of two or more children.

Of course, the purchase of the dacha itself as such, that is, a plot of land with buildings on it, is not covered by the certificate. One of the necessary conditions is registration at the address where this house is located. And, as you know, it is not possible to register at the dacha.

Another thing is a house in the village. There is also a plot of land and all other advantages. The most important thing is the registration address, which can be indicated by a stamp in the passport.

But that's not all. The pension fund will require evidence that this house really improves the family’s living conditions.

Buying country or garden land

1. Concluding an agreement with the company that will carry out the work. (The agreement can be signed not only by the child’s mother, as the owner of the certificate, but also by her husband).
2. Submitting an application for cash withdrawal to the territorial branch of the Pension Fund. If the decision is positive, the money will be transferred to the company’s bank account in a one-time transfer.

You may like => Can the management company sue

The procedure for sending MSC for reconstruction of living space

• no more than half of the total amount is transferred to the account of the certificate holder (this is done within 60 days after a positive decision on the application is made);
• the rest is transferred no earlier than six months later, and only if all requirements for construction work are met.

In 2021, the conditions for allocating funds to build a house have softened. Previously, it was possible to build only on the lands of settlements and private housing construction. Starting this year, construction on garden and dacha plots is permitted, but only if the house is intended to be used for year-round family residence, and registration is possible in dacha real estate.

Legislation

The basic procedure for applying a family certificate is set out in 256-FZ of December 29, 2006. This legal act on the government measures introduced to provide assistance to families with one or more children regulates the provisions for the purchase of housing.

The most important criteria are as follows:

1. The family's living conditions should not be worsened.
2. Property is registered in the name of all family members, including young children.
3. At least 3 years must pass from the moment the right to participate in the state project of Moscow time becomes available.

Note!
In the third condition, the law provides for derogation. Up to a 3-year period, parents will be able to spend funds according to Moscow time if a mortgage was issued for the purchase of residential real estate. In this situation, if the parents intend to use family capital, a decision will be made to transfer funds according to the transaction. The time from which the right to use the Moscow time program begins is determined. This date is the birthday of the second (or subsequent) child, after which this right of parents arises in accordance with 256-FZ.

Without a bank loan, according to the law, the state does not allow the use of family capital for the purpose of purchasing housing earlier than the established period (before the child reaches 3 years of age).

Where to use and what you can buy

One of the main purposes of spending family capital is to improve living conditions on the territory of the Russian Federation (PPRF dated December 12, 2007, number 862).

The government decree provides the following options:

• purchase of already rebuilt housing from the owner;
• for the construction of a house under a contract;
• a housing structure without the involvement of a construction organization, if the family is engaged in the construction personally;
• reimbursement of expenses for the construction of residential real estate;
• mortgage payment in accordance with the rules of 256-FZ;
• repayment of part of the debt or interest on a mortgage loan;
• payment of a share in collective construction;
• making a contribution to a housing cooperative to become a member.

All amounts spent on the acquisition of premises for residence or the construction of such a target real estate property must be no less than the amount of Moscow time.

For example, when participating in shared construction, if contributions amount to 200 thousand rubles, then only this amount from family capital can be spent for these purposes. The remaining part cannot be received by parents.

If part of the mortgage debt differs from the maternity capital in the smallest direction, then only that part of the certificate funds that is noted in the bank statement is transferred to repay it.

According to the rules for paying debts on housing loans, there is also no provision for the return of these funds to the owner’s account if the mortgage agreement is subject to termination.

Cadastral works will become cheaper

If you believe the plans of Rosreestr, the department is preparing a bill that will make it easier to register houses in areas near the airfield. Alexey Butovetsky, deputy head of Rosreestr, said: only two amendments will need to be made to the legislation on airfield territories. Such territories are zones with special conditions for the use of territories, and now all such projects must be coordinated with the Federal Air Transport Agency. Under the new bill, this will no longer be necessary. Rosaviatsia, according to Butovetsky, does not see a threat to flight safety from private houses and gardens. This problem is not as rare as it seems: for example, Moscow airports are surrounded by villages that were historically located there. As for Tatarstan, both international airports of the republic - Kazan and Begishevo - do not have residential buildings in their subzones.

Maternity capital can be spent on rural mortgages

At the end of November, the State Duma adopted a very important law No. 445-FZ for any owner of undemarcated land. If until now it was possible to order complex cadastral work in a certain territory only at the expense of budget funds, then from March 24, 2021, this will be possible to do at the expense of individuals and legal entities interested in performing such work.

The lands of SNT, as FORUMHOUSE members say, are in this sense “a separate mysterious world with its own rules.” In practice, gardening has been built with maternal capital money before, but it was an extremely difficult quest. Only the most persistent and motivated people managed to complete it, for whom the inherited dacha plot was the only opportunity to improve their living conditions.

I have already started playing this exciting quest. First steps: new land surveying, then individual housing construction, then notification, and only then technical plan for the house. I’m afraid I’ll have to pay all my capital for registration and bribes, I’ve already heard that in our city it costs 10,000 rubles per hundred square meters to transfer land for individual housing construction!

With the money from maternity capital, it will be possible to build and remodel a house on a garden plot. On January 21, the State Duma in the first reading adopted the bill “On Amendments to Article 10 of the Federal Law “On Additional Measures of State Support for Families with Children.” Russian legislation allowed building a house with maternity capital funds before, but only on individual housing construction lands.

1. Construction work must be carried out within the Russian Federation.
2. The construction of a residential property of no more than 3 floors is allowed.
3. The house must be located in a residential area.
4. The building must have a foundation and supporting structures.
5. Load-bearing elements must be suitable for use. Destruction and damage are unacceptable.
6. Housing must be equipped with all utilities necessary for human life (water supply, sanitation, electricity, heating, ventilation). If the construction of housing is planned in a gasified settlement, then gas must also be provided in the facility being built.
7. If there is no real estate in the locality with utilities, it is allowed to build a house without them.

You might be interested ==> How much does one day in a garden in the Moscow region cost?

Buying a house in the village for a summer cottage: step-by-step instructions

Cash is not issued during Moscow time. All registration is carried out exclusively through the bank. In this regard, it becomes difficult to find a seller who will agree to pay for the certificate.

Unfortunately, financial education in our country is at a very low level. Most people believe that such documents in the form of a certificate are questionable, because this can lead to further difficulties in cashing out funds.

Few people understand what kind of maternity capital this is. “So, they said something on TV and that’s all. And in general, money in hand is somehow more reliable. There are a lot of scammers around and they cheat everywhere, so no, it’s too risky!”

If you really like the house, you will have to convince the selling party otherwise, using all your eloquence and acting skills. There is no other way!

It must be explained that there will be no problems with transferring money from the Pension Fund, since it is a government agency. And as soon as the finances are in the seller’s account, he has the right to dispose of them as he pleases.

Below is a clear table of step-by-step instructions indicating actions, important details and deadlines.

Step 1. Looking for a house

Basically, all transactions for the purchase of residential real estate using a family certificate are carried out on the secondary market. That is, the deal is concluded with the owner of an already completed house.

It's not hard to explain. For the construction of new residential buildings, a contract is usually concluded with a construction company. Such housing is built to order. And if a family wants to buy a new building with credit funds or without a mortgage, today this is practically impossible, because such real estate is extremely difficult to find.

You can generally get a loan from a credit institution for an apartment. Although some banks make unique offers to regular customers - providing a loan for a cottage. As a rule, this is a consequence of cooperation with contracting companies that equip country villages with ultra-modern houses.

Cottages are accepted from the company on a turnkey basis and loans with low interest are offered for all this. But there is also a drawback to such a purchase. The cost of the house itself is not much, but still exceeds the market price. However, this is not an obstacle given that the family is acquiring first-class housing as a durable property.

If parents manage to find this most profitable option of all, consider themselves very lucky. But, as they say, there are not enough princes on a white horse for everyone, so in most cases you have to be content with the secondary market. In fact, this is far from the worst option, the choice is huge, and if you want, you can find a pretty excellent house.

You can consider the option in SNT. Very nice buildings are not uncommon there. Moreover, it has now become possible for the gardening partnership to resolve the issue of registration, since its residential properties have their own addresses. In any case, the Pension Fund will not refuse to use the certificate.

Note! The main precaution should be that in no case should you buy a self-construction without the proper deeds for it and, accordingly, without the status of a residential premises! In this case, the dacha must be recognized as suitable for year-round use.

Step 2. Solving the land issue

It is impossible to purchase housing without the land where it is located. Options for long-term rental up to 50 years are being considered, it’s the same as owning it.

It is best if the site is inherited, then all the difficulties disappear by themselves, but for obvious reasons, this is not always suitable, since we return to square one if the construction is not decided to be carried out independently or under a contract. After all, you cannot move a house from one territory to another.

In general, when it comes to land, there is always confusion. In addition, it will not be possible to purchase it using a family certificate. It is forbidden. Conclusion: the plot for the building falls entirely on the new owner.

Step 3. Collect documents and apply to the Pension Fund for permission

The Pension Fund transfers the money to the home seller. Therefore, we go there if the choice fell on using the family certificate for its intended purpose. In turn, this government agency makes a decision, and if no violations are detected on the part of the certificate holder, it issues an affirmative verdict.

The Pension Fund is obliged to cover financial expenses partially or fully for the purchase of housing and transfer the amount specified in the contract to the selling party.

To do this, it is necessary to collect a package of documents that meet the stipulated legal norms.

1. Application to the Pension Fund from the owner of the mat. capital, compiled according to the given sample (it will be given at a government agency).
2. SNILS.
3. Family Capital Certificate.
4. A photocopy of a civil passport, as well as documents confirming the fact of the birth of children.
5. A written assurance that the parent undertakes to register residential property for the entire family in equal parts.
6. Statement of debt to the home seller (if necessary).
7. Marriage (divorce) certificate of mother and father.
8. The seller's bank account where funds will be transferred.

The list of documents may change. This depends on the personal terms of the transaction.

Remember that the Pension Fund makes a positive or negative decision on the transfer of funds to the selling party of the contract within a temporary period of up to two months. Therefore, you should make sure in advance that all documentation is submitted with no violations in accordance with all standards.

Step 4. Finalize the deal

Contract for the sale and purchase of a house with mat. capital is drawn up in accordance with the requirements of Chapter 30, paragraph 7 of the Civil Code of the Russian Federation. It is very important that the whole family, including young children, receive equal shares of the property.

Such rules are provided for those circumstances if spouses divorce or are deprived of parental rights, as well as for a number of other acute everyday situations.

The house must be re-registered to the new owners within six months from the date the Pension Fund pays the funds to the real estate seller in full.

Step 5. Using the house as a summer house

So, the family became the full owner of the house. Now you should take care to pay the loan on time to avoid penalties from the bank.

If the amount is repaid in full, then, as they say, the deal is in the bag. There is no need to do anything else. Live, enjoy the sun and be happy!

What can you buy with MSK funds?

As a general rule, MSC funds can be redirected at the request of the certificate holder to improve living conditions. The latter is expressed in the acquisition, construction of new or reconstruction of old housing.

Is it possible to buy a dacha with MSK funds?

Based on an analysis of the legislation on state support for families with children, it follows that only residential premises can be purchased.

Country houses, for the most part, are not residential premises. Therefore, if the status of such a house does not indicate “residential building,” then its acquisition at the expense of MSC is impossible.

Attention! The law always has some points that help to circumvent the established restrictions. In this case, this is the transfer of premises from non-residential to residential.

How can you buy a dacha for maternal capital?

To transfer a non-residential country house to the status of a residential building, the following conditions must be met:

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

If the owner of the building receives all the above documents, then it will be possible to buy such a dacha with maternity capital.
Similar requirements apply to the construction of housing using MSK funds. It is possible to build a residential building on a land plot as part of the SNT only if such intended use (purpose) is provided for by the category of the land plot.

Attention! Even if the lands within the SNT are not intended for the construction of residential buildings, there is still a way out. A land plot that is owned can be separated from the SNT by changing its category accordingly to land for individual housing construction.

After which you can freely build a house using MSC funds.

What are the risks of the cash-out scheme?

With the advent of any law, there will always be people who want to circumvent it. The government program for Moscow time was no exception. Recently, attempts to cash out mat have become more frequent. capital in order to use state assistance for other purposes not provided for by 256-FZ.

Some parents are unaware that such an illegal initiative can lead to the most dire consequences.

Not only that, while trying to carry out the government, they expose themselves to the danger of being fooled by the swindlers who are firmly entrenched along this path. They may also be subject to civil liability (a large fine) - in the best case scenario, in the worst case scenario - fall under Article 159.2 of the Criminal Code of the Russian Federation.

The punishment for it is not small, namely 10 years in prison for illegal fraud with Moscow time.

Today, schemes for cashing out family capital are increasingly gaining momentum, and each time something new is being invented. Let's shed light on some of them:

Scheme 1. Purchasing a property from loved ones

Probably the most “ancient” scheme. For example, a house is bought from a grandmother, money is transferred from the Pension Fund. And then everything is clear, the money is given to the imaginary buyer, while the seller continues to live on his square meters.

Of course, such a transaction will be considered illegal and canceled if the violation is discovered. In addition, the selling party may be left without living space, since according to the agreement it is now owned by the family that bought it.

Scheme 2. Intentionally increased housing prices

Parents find an inexpensive house and negotiate with the seller so that he indicates a higher price in the contract. After the transaction is completed, the difference is given to the family who bought the house.

The unreliability of such an adventure is that the seller may not return the balance. What will stop him? Will the family go to court?

Scheme 3. Mortgage loan

This scheme is common among wicked realtors. We are looking for a family through an acquaintance or simply a trusted one. One of the parents takes out a loan from a bank, which must subsequently be covered by a certificate. The Pension Fund transfers the money that the imaginary seller must give to the family.

Even if he pays it back, there is also interest on the mortgage. In addition, a fairly long period of time is provided to cover the loan. In general, the risk of such a scheme is enormous. You can lose both living space and money.

Questions and answers

In this part of the article, the reader will receive answers to the most frequently asked questions. The main topics, of course, are related to the execution of a transaction with relatives, whether it is possible to resell a house purchased under the maternity capital program.

And what is also not uncommon is what to do if one of the parents lives in another country or is even a citizen of another state.

As they say, there is a way out in all situations. And then we will continue to look for these same loopholes that do not contradict the law. So, let's find out!

Is it possible to buy from relatives?

First-degree relatives do not have the right to enter into real estate transactions using government subsidies, such as maternity capital. This prohibition is regulated by Article 37, paragraph 3 of the Civil Code of the Russian Federation.

An exception is when the object is in shared ownership. It is not prohibited by law to buy part of the property from a grandmother or grandfather.

And also, any transaction is not prohibited between persons related to the second and subsequent lines (cousins, uncles, aunts, etc.)

Is it allowed to resell

OOiP pay close attention to ensure that children are not deprived of the right to purchased housing under a family certificate.

Therefore, the main condition of the purchase/sale agreement is the equal division of rights among all members of the social unit of society. And in order to resell this kind of real estate, you will need appropriate permission from this authority.

To obtain consent from the OAiP, you will need to submit documents indicating that the rights of young children will be fully respected when completing the transaction. Namely, they should retain a share in the real estate.

So, the house is allowed to be resold if the following standards are followed:

1. The guardianship and trusteeship authority issues a written agreement to conclude a transaction for the sale of residential real estate.
2. Housing conditions will be improved or maintained unchanged.
3. Children will not lose the right to housing, i.e. they will receive shares in equal proportions with their parents.

The second and third points imply the exchange or purchase of living space that is not inferior in quality and area to the one sold. That is, the welfare of children should not be deteriorated. And they should receive parts that are not inferior in area to the previous ones - directly proportional to the old and new housing.

If the father or mother is a resident of another country

In accordance with the established procedure, family capital is assigned to a citizen (woman) of Russia who becomes the mother of two or more children. And also those who adopted the same number of children after January 1, 2007. – since the start of the state support program. The certificate can only be used once.

A man (citizen of the Russian Federation) also has the right to apply for a one-time use of a family certificate, but only if he becomes the only adoptive or biological parent (after the start date of state assistance) of two or more children.

The country of residence of the mother and father does not affect the receipt of the certificate and does not limit their ability to purchase residential real estate on the territory of the Russian Federation using the certificate, but only if the parents and children are citizens of Russia.

Federal Law 256 in some cases provides for obtaining swearing. capital also to foreigners, but with the main condition - the children were subjects of our country.

Thus, the father or adoptive parent of the children has the right to receive a certificate, regardless of his citizenship or lack thereof, if the mother has died or lost parental rights, and the children are citizens of the Russian Federation (Article 3 256-FZ of December 29, 2006).

If the spouse is a citizen of another country, then she cannot apply for a maternal certificate, even if the spouse is a citizen of Russia. Another question is if she becomes a citizen of the Russian Federation and receives a Russian passport. Then she can contact the Pension Fund.