Mortgage loan for building a house

Where

With a preferential mortgage, you can buy or build housing in rural areas or in rural agglomerations.
Rural territories mean rural settlements, rural settlements, workers' settlements that are part of urban districts (with the exception of urban districts on the territory of which the administrative centers of the constituent entities of the Russian Federation are located), urban settlements and intra-city municipalities of the city of Sevastopol.

The list of such rural settlements and workers’ settlements on the territory of a constituent entity of the Russian Federation is determined by regional authorities.

Rural agglomerations mean rural areas, as well as urban-type settlements, workers' settlements that are not part of urban districts, and small towns with a population permanently residing in an area not exceeding 30 thousand people.

Attention! The program does not include intra-city municipalities. Moscow and St. Petersburg , as well as municipalities and urban districts of the Moscow region .

The procedure for purchasing a summer house with a mortgage

First of all, evaluate your financial capabilities. The Sberbank mortgage calculator for a dacha will help with this. Here you need to indicate the size of the down payment, the value of the property, the payment period, the presence of a salary card and whether there will be life insurance. Sberbank's mortgage calculator for a country house only makes a preliminary calculation; the monthly payment and rate may change depending on the terms of the transaction.

Recommended article: Rosselkhozbank mortgage for the purchase of land

Is it possible to buy a dacha with a Sberbank mortgage by submitting an application on the website? Applying for a loan is possible at a bank branch, on its Internet portal or through the DomClick service. In the latter case, you only need to go to the bank office to sign documents. Filling out the questionnaire, approving the object and receiving the final decision takes place online.

Transaction procedure:

• submitting an application and receiving an initial response (How to find out if a mortgage has been approved by Sberbank via the Internet is described in another article);
• selection of a dacha and provision of documents for it to the bank;
• final approval (How banks check an apartment and other real estate with a mortgage for legal purity);
• transfer of the down payment to the seller (How to confirm the down payment on a mortgage was written earlier);
• signing a loan agreement;
• submission of documents for registration;
• receiving credit funds and transferring them to the seller.

Important to know: How the mortgage money is transferred to the seller

When does the seller sign the main purchase and sale agreement for an apartment sold with a mortgage, before or after receiving the money? And how does this happen?

How does a mortgage transaction work - frequently asked questions

At the last stage of the mortgage transaction, mandatory collateral insurance is issued (). You can only purchase a policy from accredited insurance companies. The average cost of insurance is 0.1%-0.2% of the current debt.

A list of mortgage insurance companies accredited by Sberbank is in another article.

A Sberbank mortgage for a dacha without a down payment is possible in one case - if you purchase a house located on the lands of a settlement and make a down payment with capital or other certificates. However, this will already be the purchase of secondary housing. When purchasing real estate outside villages and villages, it is impossible to use government subsidies (unless their conditions provide otherwise). We wrote earlier about Sberbank's mortgage for the purchase of a house with land.

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Author:

Mortgage specialist Maria Yurievna Sokhan

Date of publication May 13, 2020 May 13, 2020

For what purposes?

1) A preferential loan will be issued for the purchase of a finished residential premises or residential premises (residential building) with a land plot in a rural area.
You can also buy housing at the construction stage under an agreement of participation in shared construction.

2) In addition, banks will provide loans for the construction of a residential building (creation of an individual housing construction project) on a land plot owned by the borrower and located in rural areas, including for the completion of previously begun construction of a residential building, under a contract agreement with legal entity or individual entrepreneur. In this case, the contractor must complete the work in no more than 2 years.

Official website of the Supreme Court of the Russian Federation

The Supreme Court of the Russian Federation stood up to protect the rights of a resident of Krasnodar when it reviewed the results of her dispute with local officials.

The citizen intended to build a house on her own plot, but she was denied such permission. The stubborn owner started building the house anyway. In the lawsuit, officials called the house an “unauthorized construction” and asked to demolish it. The district court refused this decision to the officials, but the regional court did not agree with its colleagues, deciding that the house should be demolished. The defendant appealed to the Supreme Court of the Russian Federation. The Judicial Collegium for Civil Cases of the Supreme Court decided that the citizen’s demands were fair.

The dispute began with a lawsuit from Krasnodar officials asking to demolish a house built without permission. But in response to the officials’ demands, the defendant filed a counterclaim, in which she stated that she is the owner of the site, and the house built on it does not violate the intended use of the land, does not violate anyone’s rights, does not pose a threat to the lives of others and meets all sanitary, construction and fire safety standards. Therefore, she sees no reason to demolish the house, but asks that her ownership of the house be recognized. In the lawsuit, the citizen emphasized that she asked for a construction permit, but was not given it.

The Prikubansky District Court considered the claim of the officials and the counterclaim of the owner of the house and decided to reject both.

The Krasnodar Regional Court did not agree with the district court's decision. And, having canceled it, he made a new decision, agreeing with the demands of the officials.

But the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation was not satisfied with such a verdict. And he explained what violations were committed during the consideration of this dispute. Our heroine’s plot was her property and had a cadastral number. Category of the site - land of settlements, permitted use - for the construction of residential buildings. The administration of one of the districts of Krasnodar refused to give the owner of the land permission to build a house. There was an on-site inspection of compliance with land legislation by the city administration. The inspection showed that a residential building was being built on our heroine’s property without a building permit. The commission drew up a protocol on bringing the citizen to administrative responsibility.

According to the conclusion of the forensic examination, the constructed facility is a residential building and complies with construction and environmental standards, as well as fire safety requirements. And it also said that the rules of land use and development “at the controversial unfinished construction site were not violated.”

The district court, denying the decision to the officials, proceeded from the fact that the citizen built a house on her property and did not violate any norms, rules, or laws. Refusing the developer's counterclaim, the district court emphasized: there was no construction permit, but the lady did not take measures to legalize the construction.

The regional court, when it overturned the decision of the district court and made a new decision, said that the owner of the site did not provide evidence that she challenged the refusal of local officials to allow construction. Therefore, “the structure under construction has signs of unauthorized construction, which is subject to demolition by the person who carried it out and at his expense.” It was with this conclusion that the Supreme Court of the Russian Federation did not agree.

He began with Article 222 of the Civil Code, which explains what “unauthorized construction” is. This name means a building or structure built on a site not provided for construction, and erected without permits in violation of rules and regulations. The same article states that the right of ownership of an unauthorized construction can be recognized by the court, but only if the property owns the site on which the “structure was created.” But to recognize ownership of a house without permission, several conditions must be met.

The first is if the developer has rights to the land on which the building stands. The second is if, on the day of going to court, the building complies with the parameters “established by the documentation on territory planning, land use and development rules.” Third, if the preservation of the building does not violate the rights and interests of other people and does not pose a threat to life.

There was a joint resolution of the Plenums of the Supreme and Arbitration Courts (N10/22 of April 29, 2010), which spoke about disputes over property rights. At the plenums the following was stated: when considering claims for recognition of ownership of an unauthorized construction, the courts should establish whether during the construction there were “significant violations of town planning and building codes and regulations, and whether such a construction poses a threat to the life and health of citizens.” And the main idea is that the lack of a construction permit cannot serve as a basis for refusing a claim for recognition of ownership of an unauthorized construction. The materials of the plenums emphasize: it is necessary to take into account whether the creator of the illegal building took “appropriate measures” to legalize it, in particular, to obtain a construction permit or an act of putting the facility into operation. And the courts must find out whether officials lawfully refused a citizen permission or commissioning. A claim for recognition of ownership of an unauthorized construction must be satisfied if the court finds that the only sign of an illegal construction was the absence of a construction permit or an act of putting the facility into operation, and the citizen tried to do this.

In our case, the court found that the citizen built a house on her own land and did not violate any rules and regulations, and her house did not create a threat to anyone. The Supreme Court emphasized: the absence of a construction permit in itself cannot serve as a basis for refusing a claim for recognition of ownership of an unfinished construction project. These circumstances were not taken into account by the appeal. This ultimately led to the court making an illegal decision.

Text: Natalia Kozlova

Rossiyskaya Gazeta - Week No. 203(7961)

Why people are unhappy

A petition from an indignant resident of the Moscow region was recently published on the Chang website.
The man considers it discrimination that the Moscow region was not included in this program. He writes that in a village near Moscow there is no gas, no centralized water supply and no other benefits of civilization. And people would like to improve their living conditions. “The Moscow region is not Russia? Isn’t the outback of Moscow a village?” asks a citizen.

In his opinion, equal conditions should be created for all residents of the Russian Federation living in rural areas to receive a loan under the “rural mortgage” program.

Requirements for borrowers and documents

Traditionally, bank requirements for potential borrowers are quite high. Purchasing a dacha with a Sberbank mortgage is possible subject to strict compliance with them. Russian citizens aged 21 to 75 who have a residence permit and a permanent job will be able to receive the money. The work experience in the current position must be at least six months, the total experience must be at least 1 year.

Recommended article: Buying a secondary apartment with a mortgage: step-by-step instructions

To increase the possible amount of a Sberbank mortgage on a country house, you can attract up to 3 co-borrowers. In this case, the spouse of the main borrower must be a party to the transaction. Except in cases of a marriage contract and the presence of another citizenship.

Which bank should a foreign citizen take out a mortgage from? We wrote about this earlier.

According to the terms of a mortgage on a country house in Sberbank, you must provide the following package of documents:

• filled ;
• passports of all mortgage participants;
• ;
• confirmation of employment.

The requirements for salary card holders are more lenient; they only need to provide a passport. Work experience at the current place of work can be from 3 months.