How long does it take for maternity capital to be transferred when purchasing an apartment: the time frame for making a decision and transferring money for the purchase of housing and how long to wait for payment? My property

Improving the living conditions of families with children is one of the goals of the state maternity capital program. The money can be used to buy an apartment or house. How to do it right? What formalities must be followed? And what are the conditions for buying a house with maternity capital? Lawyer Yuri Kapshtyk answers questions.

In 2021, you can receive maternity capital at the birth of your first child. The state will pay each family where the first child was born a little more than 483 thousand rubles. At the birth of the second baby, the amount will increase and amount to 639 thousand. These funds cannot be used as you wish, only for clearly defined purposes. Buying a house is on their list. If parents want to purchase housing in which the family will be spacious and comfortable, they can do so.

pixabay.com/

The funds allocated by the state are not enough to purchase real estate in any region. Therefore, it is assumed that the amount of maternal capital will be added to the family’s own funds, a loan or money received from the sale of other real estate, for example, a small apartment that young parents want to exchange for more spacious housing.

“Buying a house with maternity capital in 2021 is possible,” says lawyer Yuri Kapshtyk. “The law allows investments in real estate aimed at improving living conditions.”

Deadlines for making a decision and transferring maternity capital funds

The time allotted for the payment of maternity capital is strictly limited by legal regulations. In 2021, the Prime Minister of the country signed a Resolution that shortens the time frame for transferring funds, and now maternity capital, which is planned to be used to purchase an apartment, does not take as long to transfer as it was before. Before this, the total period for receiving compensation was two calendar months:

of which, one month is the period for raising a positive issue on the decision, but here it is worth noting the clarification that this period cannot exceed one calendar month, and less is possible;
the second month was allotted for transferring funds to the seller or representative of paid services.

Now, starting from March 3, 2017, based on Resolution No. 253, we can say that the total period for receiving maternity capital has been reduced by half a month.

What does this mean? In general, only the period for payment of compensation has been shortened. This means that the period for making a decision on the payment of maternity capital intended for the purchase of housing is the same as before - no more than one calendar month, and the time for transferring funds is reduced to two weeks.

The overall picture for parents is changing, because if we talk about a loan, then in two weeks considerable interest is accrued on the loan amount, so it is important to pay part of the loan amount with maternity capital in the shortest possible time.

For example, you can take out a mortgage loan and use maternity capital as a down payment, or buy an apartment and repay part of the funds with this certificate. Maternity capital can also be used as full or partial payment for a child’s education.

How to buy a house using maternity capital

Lawyer Yuri Kapshtyk recommends the following purchase procedure to parents.

Select housing and agree on the price. If a family already has an apartment or house where minor children are registered, the area of the new housing should not be smaller. Otherwise, the guardianship authorities will not approve the deal. Improving living conditions means increasing the space for each family member.
Warn the seller that you are planning to buy a house using maternity capital. This must be done for the reason that the Pension Fund transfers money from the mother’s personal account upon completion of the transaction, that is, after the conclusion of the purchase agreement. This means that the seller will receive part of the money from the buyer immediately, and the second part from the capital funds - a little later, after reviewing the documents by the Pension Fund. This can be scary for some property owners who worry that they will be left without a home and money. But there is no reason to be afraid if the transaction is completed correctly and without violations.
Conclude a purchase and sale agreement. The agreement stipulates that part of the amount will be paid with funds from maternal capital, and also that children will become co-owners of the property.

“I recommend concluding an agreement with notarization,” says lawyer Yuri Kapshtyk. “This is not necessary, but in order to avoid mistakes when preparing documents and for personal peace of mind, it is better to notarize the transaction.”

Provide documents to the Pension Fund. This year, the deadlines for reviewing documents have also changed. Instead of the previous month, employees of the Pension Fund of Russia branch must meet the deadline in 10 days.

After approval by the Pension Fund of the Russian Federation, the money is transferred to the seller’s account. Parents just have to submit the purchase documents for state registration and move to a new home.

Federal News Agency /

Is it possible to speed up the payment?

The total payment period has been reduced to 10 working days ; it cannot be shortened further; it is important not to extend it, since there are cases when a positive decision is not made on your decision due to some reasons.

Regardless of which organization parents purchase housing from, it is important to prepare documents for the transaction as quickly as possible. In order to quickly receive payments you need:

Contact PF.
Provide correct payment details.

Reducing the time limit for paying maternity capital is aimed solely at the speed of the purchase and sale transaction.

In order to avoid any problems when completing a transaction, you need to accurately check whether it is possible in a particular case to use MSK as a partial payment. There are options that cannot serve as a good example, for example, if you want to purchase an unfinished house or apartment in a new building that is not yet ready or the object does not meet the PF requirements, then most likely you will be refused payment.

Many banks have their own requirements for MSC or do not accept it at all as loan repayment.

These subtleties must be clarified at the stage of preliminary preparation for the registration of a transaction for the purchase of housing.

The total period for receiving maternity capital as payment is one and a half months , this is the maximum period allotted for receiving payment if the decision is positive. In order not to waste time, make sure that your transaction is legal and meets all the requirements of the Pension Fund.

Conditions for purchasing a house using maternity capital

There are few requirements for using a personal certificate for the purchase of real estate. The state does not dictate to families what kind of house they should buy with maternity capital. The choices are unlimited: new buildings, shared participation in construction, even dilapidated housing. You can buy a house with capital in any condition, if you have the desire and strength to complete it, renovate it and create conditions for comfortable living for your family and children.

“The child does not need to wait until he is three years old,” clarifies Yuri Kapshtyk. — The very fact of the birth of a child gives the right to receive maternity capital. The only condition is that when purchasing, you must indicate the child as a co-owner of the house, since you are purchasing real estate taking into account his interests. Part of the house becomes his shared property.”

The procedure for obtaining a certificate has been simplified this year. Young parents do not need to run anywhere with documents. The Pension Fund of the Russian Federation interacts with city and district registry offices and receives from them information about additions to the families of Russians. The certificate is issued automatically; a young mother needs to log into her personal account on the Pension Fund website about a month after the baby is born and make sure that the document has already been issued.

pixabay.com/

How long should I wait for the transfer of maternity capital in 2021?

A mortgage allows you to quickly purchase an apartment that is for sale. The amount provided as maternity capital cannot always be received within a short period of time. For this reason, most families use the provided amount to repay the loan taken to purchase real estate.

Before a person has the opportunity to use money to repay a loan, he will need to prepare a package of documentation. The manipulation may take a significant period of time.

By Decree of the Government of the Russian Federation of March 3 No. 253, the terms for transferring maternity capital funds have been reduced. If the application for the disposal of mat capital funds is satisfied, the transfer of funds is carried out within 10 working days from the date of the decision to satisfy the application, more details.

When the papers are prepared, they will need to be submitted to the appropriate government agency. The deadline for transferring money for maternity capital at this stage is clearly regulated. The pension fund is obliged to transfer funds within 2 months from the date of receipt of the application.

Video

When collecting documents for maternity capital, a representative of a young family will have to go through the following stages:

Submit the documentation to the Pension Fund of the Russian Federation.
Wait while the papers are verified.
Receive a message from the Pension Fund confirming your right to maternity capital.
Wait until the funds are transferred to your current account.

The timing of document verification may vary. After reading the forums, a young family learns that in a number of situations government agencies can transfer money in 3 weeks, and in other cases they have to wait up to 2.5 months. For this reason, a person should be prepared in advance for the fact that they will have to wait longer. The deadline for collecting documents for transferring money is individual for each family.

It should be remembered that maternity capital funds, with the exception of a one-time payment, cannot be withdrawn. If a person decides to repay the loan using the provided amount, it will be transferred directly to the bank account.

How to use maternity capital to buy a home:

Instructions - how to make a purchase with maternal capital without a mortgage

Current legislation allows the use of maternity capital funds to purchase real estate, both using your own funds and borrowed funds.

Reference! If MK is used to repay housing loans, then it can be disposed of at any time.

Buying a home without a mortgage using maternal capital does not present any significant difficulties, since it does not involve collecting a large number of documents.

Receiving an extract from the Pension Fund about the balance of funds

Regardless of whether MK money was used previously or not, before concluding a transaction it is necessary to obtain a statement indicating the balance of funds. You can order it from the Pension Fund of the Russian Federation, the MFC, as well as through the electronic service of the pension fund and the State Services portal.

Conclusion of a residential purchase and sale agreement

The agreement must be concluded in writing. It stipulates the condition under which payment of the cost of housing will occur in stages, since the Pension Fund of the Russian Federation transfers funds to the seller after a certain time. After agreeing and signing the agreement, the transaction is registered in Rosreestr.

Sending documents to the pension fund. After Rosreestr has registered the transfer of rights, the parties to the transaction must contact the Pension Fund to submit an application for the disposal of MK funds.

It is accompanied by accompanying documents, in particular:

passports of the parties to the agreement;
contract of sale;
certificate;
title documents for housing;
Seller details necessary for transferring funds.

Removal of encumbrance on housing

After transferring funds from MK to the seller’s account, he and the buyer need to contact the registration authorities to clear the encumbrance record. Once this action is completed, the purchase of a home can be considered completed.

In addition to the instructions, we suggest watching the video material:

Key points: what you need to know

Families who are entitled to maternal capital have the right to spend the subsidy only for clearly defined purposes and according to clearly defined rules. According to Federal Law No. 256-FZ dated December 29, 2006, using funds from this state program it can be:

Acquired, built, renovated or reconstructed residential premises for the whole family.
Educational services for a natural or adopted child(ren) have been paid for. We are talking about paying for kindergarten, school, university or accommodation in a dormitory, which is located at a university in the Russian Federation.
Goods and services were purchased for the integration of children with disabilities into society.
A funded pension has been created for a woman – the mother of a family.

Spending maternity capital for other purposes and in other areas is a crime for which you can incur real criminal liability. The right to receive a subsidy arises immediately after one more child appears in the family. At the same time, each family is entitled to only 1 government payment. If parents receive maternity capital for their 2nd child, they will no longer be able to receive funds again for their 3rd, 4th, or any other child.

The use of maternity capital is possible only when the parent has a special document - a personal certificate of an established state standard with a unique number . This paper is issued by the Pension Fund of Russia (PFR).

You can issue a personal certificate at any time after the actual legal basis arises (i.e., another child is either born or adopted into the family). But parents will not be able to spend the money right away - as a general rule, an application for the disposal of maternity capital is submitted only after 3 years from the date of birth/adoption of another child.

In strictly limited cases, the application may be submitted earlier than 3 years. This includes the following situations:

The family plans to improve their living conditions by turning to the help of a financial and credit organization. If parents just want to buy an apartment or build a house, then to do this they will have to wait a total period of 3 years and only then use the money. However, if parents want to make an initial payment on a new loan (loan) for housing or repay an existing loan (loan) for housing, then they can apply to the Pension Fund of the Russian Federation with an application for the disposal of maternal capital before the 3-year period. A loan or loan must be targeted (housing), and not ordinary consumer (i.e. taken for personal needs). Read more: How to use maternity capital up to 3 years to buy an apartment
The family wants to spend money on the social adaptation of a disabled child who requires auxiliary goods and services here and now, and not in 3 years.
The family wants to pay for paid educational services for the child (for example, preschool education).
The family belongs to the low-income group. Such a family can receive maternity capital in the form of monthly payments.

How long does it take to transfer maternity capital when buying a home or apartment: procedure and stages

The final transfer of maternity capital will be made 1 month + 10 days from the moment the applicant submits an application to the Pension Fund for the disposal of the subsidy. The applicant will not be able to shorten the waiting period further.

However, the holder of a personal certificate must take measures to ensure that the period for consideration of his application is minimal (i.e., in practice, it corresponds to the 40-45 days established by law). In some cases, the waiting period is prolonged due to the fault of the applicant himself (for example, if he does not support his application with any important document). Also, the Pension Fund of Russia can simply make a negative decision, justifying this by the fact that the person did not take into account the existing regulations, provisions and rules when submitting his application.

How to make an application to the Pension Fund of Russia

The application for disposal of maternity capital funds has an established state template. So, the following information should be reflected here:

Full name of the applicant;
status of the applicant (who receives maternity capital - mother, father or the child himself);
applicant's date of birth;
SNILS of the applicant;
information from a personal certificate giving the right to receive maternal capital;
applicant's passport details;
the applicant's residential address;
date of birth (adoption) of the child and, accordingly, the date of the legal basis for receiving maternity capital;
if the application and set of documents are submitted through an Authorized Representative - his full name, registration and actual residence address, passport details, as well as information from the power of attorney;
the purpose of spending the maternity capital (for what);
amount required for transfer (in numbers and words);
clause on the disposal of maternal capital funds previously (was/wasn’t);
written confirmation that a person has a legal basis for disposing of maternal capital funds (for example, for a parent - “he has not been deprived of parental rights,” etc.);
applicant's signature;
list of applications;
date of application.

The list of attachments must contain details of the organization or person to whom the holder of the personal certificate plans to transfer money in order to improve the living conditions of his family (this could be the Apartment Seller, a bank, a PDA, etc.). It is to these details that the funds will be transferred if the Pension Fund employees satisfy the applicant’s request.

Required documents: what is included in the application

An application for disposal of maternal capital must be accompanied by supporting materials. Otherwise, Pension Fund employees will make a negative decision, citing the lack of grounds for using the money.

A family wishing to improve their own living conditions by purchasing an apartment or house must provide the following set of documents to the Pension Fund:

If the holder of a personal certificate applies to the Pension Fund personally, his passport.
Marriage certificate with spouse.
Spouse's passport.
If a Trusted Representative applies to the Pension Fund of Russia - a notarized power of attorney and the passport of the Trusted Representative.
SNILS of the applicant.
Birth (adoption) certificates of all children in the family.
If the certificate holder submits an application not at the place of residence - a certificate of registration at the place of actual residence.
If the documents are submitted by a foster parent, guardian or trustee - permission from the Guardianship and Trusteeship Authorities to spend maternity capital funds.
If the child himself makes the application, proof of his legal capacity (for example, a marriage certificate, a court order declaring the minor fully competent, etc.).
If money is required for the purchase and sale of residential premises - a copy of the purchase and sale agreement and a copy of an extract from the Unified State Register of Real Estate, confirming the Seller’s ownership of this property. In the event that the alienation of a house or apartment is carried out with an installment plan, you must also obtain a certificate from the Seller indicating the amount of the unpaid amount under the main purchase and sale agreement.
If money is required for participation in shared construction - a copy of the agreement on participation in shared construction and a document indicating the amount of the amount already paid for housing and the amount of the amount still unpaid under the main agreement.
If money is required to pay the down payment on a housing loan (loan) - a copy of the purchase and sale agreement, a copy of an extract from the Unified State Register of Property Rights, a copy of the credit agreement (loan agreement), a copy of the mortgage agreement (optional). Similar documents are provided when maternity capital is planned to pay the down payment on a loan (loan) for participation in shared construction . The only difference is that a copy of the purchase and sale agreement (case 1) is replaced with a copy of the agreement on participation in shared construction (case 2).
If money is required to pay the principal debt or pay interest on a loan/loan for residential premises - a copy of the credit agreement (loan agreement), a certificate from the creditor or lender about the balance of the principal debt or interest debt, a copy of the main agreement (purchase and sale or participation in shared construction), a copy of the mortgage agreement (optional), an extract from the Unified State Register of Property Rights (if the housing has already been put into operation). When a loan is taken out from a consumer credit cooperative, the borrower simultaneously becomes a member of such an association. Therefore, the applicant will also need to document his membership (for example, by providing an extract from the register of members of the cooperative or a certificate of admission to the cooperative).

If a person wants to spend the subsidy on improving housing conditions, he will need to prepare one more important document - a written and notarized commitment to register the housing as shared ownership of all family members within 6 months.

For example, if the holder of a personal certificate is a woman (mother), then she will have to include all her minor children and spouse in the list of co-owners of the home. It does not matter in what way the real estate is acquired (by concluding a purchase and sale agreement, an agreement on participation in shared construction, etc.) - in all cases, a written obligation must be attached to the main set of documents. Read more: Allocation of shares to children when using maternity capital

Completing the procedure

After submitting the application and a set of supporting documents, the applicant will only have to wait for the final decision from the Pension Fund. If a government agency violates the established regulations and misses the deadline (30 days to consider the application + 10 days to transfer money + 3-5 days of possible delay due to banking transactions), the person will be able to:

submit a written complaint to the management of the territorial body of the Pension Fund of Russia;
submit an electronic complaint on the website of the Unified Portal of State Services;
file a claim with the district court at the place of residence in connection with the violation of the terms of provision of the service, in connection with the refusal to accept documents, in connection with the requirement of additional documents or fees, etc.

When applying to the Pension Fund of the Russian Federation, the owner of the personal certificate will need to take into account the legal features of this procedure. The applicant needs to ensure that the deadlines for the transfer of maternity capital are not disrupted by Pension Fund employees. The citizen himself will also need to correctly comply with the established regulations - write an application for the disposal of funds and collect the necessary documents. Don't know where to start with this legal undertaking? Contact a lawyer from the website ros-nasledstvo.ru for a free consultation and get answers to your questions.

FREE CONSULTATIONS are available for you! If you want to solve exactly your problem, then