Free legal consultation: +7 (499) 938-42-95 Moscow and region. +7 (812) 425-13-93 St. Petersburg and region. 8 (800) 333-42-87 other regions
A person is rarely satisfied with his living conditions. In Russia, there are various categories of the population who are experiencing obvious difficulties with housing and are forced to rent apartments (or rooms) without having their own funds to purchase a house or apartment.
The state fulfills its obligations to provide citizens with housing with the help of a housing certificate.
Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique. If you want to find out how to solve your particular problem, please contact the online consultant form on the right or call the numbers below. It's fast and free!
What is a housing certificate?
A state certificate is a document through which you can partially or fully pay for the purchase of housing. The amount for it is calculated taking into account the standard cost of sq.m., and in each region it is approved by the local administration.
Cash certificates are not issued. They are credited to a bank account, and the transaction is controlled by the bank in any case, even if the housing is purchased with its own funds and not with a mortgage.
The certificate for the purchase of real estate is personalized and contains the following information:
- Full name, passport details of the owner.
- Date of issue, series and number of the certificate (certificate).
- An amount subsidized by the state.
- Validity.
- Name of the institution that issued the certificate.
Note! The certificate is not inherited; it is issued to a specific person. But real estate acquired with its help can be sold, donated, exchanged, or made any other transaction with it.
Difficulty in obtaining
Nominally, there are no restrictions regarding the choice of housing for its subsequent purchase using the certificate. But in fact, you may encounter certain difficulties. Purchasing housing in the initial stages of building a house is very profitable and much cheaper. True, in such a situation it is impossible to use the state housing certificate, since funds will not be transferred from the bank until there is a document indicating ownership of the real estate. In addition, the validity period of this certificate is only 9 months. And this is exactly the time you should take to buy a home.
All this leads to the fact that registered documents are largely used only as initial funds for the obtained mortgage. And not all banks are ready to accept them as a means of payment.
Free legal advice over the phone will resolve any of your controversial issues.
Save
Save
Who is eligible for a housing subsidy certificate?
The list of persons who are entitled to a certificate is specified in clause 5 of the Decree of the Government of the Russian Federation No. 153. These include:
- Department of Internal Affairs employees and military personnel subject to dismissal.
- Employees of the State Border Service, Department of Internal Affairs, Federal Penitentiary Service, if their term of service exceeds 10 years, and they are dismissed for health reasons, due to staff reduction, or reaching the service age limit.
- Former military personnel with at least 10 years of service, if they were dismissed due to age, medical reasons or staff reduction.
- Former employees of the Department of Internal Affairs, the Ministry of Emergency Situations of the Russian Federation, the Federal Penitentiary Service, who have worked for at least 10 years and are registered as needing housing under a social tenancy agreement.
- Dismissed from the tax police and recognized as needy.
- Family members of military personnel, employees of the Ministry of Emergency Situations, Department of Internal Affairs (except for NIS participants) who died while serving.
- Employees of the Russian Guard retiring due to age, medical conditions or staff reduction if their service period exceeds 10 years.
- Family members of deceased employees of the Russian Guard.
- Persons moving from closed military camps.
- Liquidators of the Chernobyl Nuclear Power Plant in need of improved living conditions.
- Forced migrants.
- Those moving from the Far North and entitled to social housing payments in connection with the move.
- Recipients of social housing benefits moving from ZATO.
- Those moving from the territory of the Baikonur complex.
Note! All of the above categories of citizens must be recognized as in need of improved housing conditions. If a person already has an apartment that meets all the requirements, a certificate will not be issued.
Legal advice: it’s also not worth deliberately worsening your living conditions in order to obtain a certificate. Clause 7.1 of Government Resolution No. 153 states that intentional deterioration means the exchange of one apartment for another of a smaller area, alienation of living space, or failure to comply with the terms of the housing use agreement, resulting in eviction through the court.
How to obtain consent to purchase an apartment from your spouse?
Who is eligible and how to receive a subsidy for the purchase of housing?
To whom is it issued?
Individuals who meet the list of requirements defined in current legislation can take part in the program.
These requirements include:
- Recognition of the applicant as a person without a specific place of residence (this means the complete absence of any residential premises suitable for permanent residence).
- Use for housing premises allocated in dormitories or other office premises in the absence of your own housing.
- Renting, that is, subletting (or commercial rental) of an apartment, house or room.
If one of the applicant’s family members is engaged in the construction of their own residential building at the time of filing the application or has already received a subsidy from the state under various programs, then the applicant himself is automatically excluded from the program.
State housing certificates are issued:
- UV - military personnel, employees of the Ministry of Internal Affairs, FSB, GUION, Ministry of Emergency Situations (together with family members);
- GI - citizens discharged from military service and receiving a certificate in the constituent entities of Russia;
- BC - those resettled from Baikonur . Permanent workers of the Baikonur complex, as well as those who need to be resettled from this territory to ensure their safety.
- PS - citizens leaving the regions of the Far North and having a total work experience in these regions of at least 15 years.
- B - widows of military personnel who died while serving in the Armed Forces.
- MU - young scientists.
- VP - forced migrants , including those from other states, who have received citizenship of the Russian Federation.
- MC - citizens affected by the disaster at the Chernobyl nuclear power plant.
- A - citizens who lost their housing as a result of any natural disasters or emergency situations.
How much is a housing certificate issued for?
The amount depends on the estimated cost per square meter in the region, and the number of family members of the applicant eligible for the certificate.
The standard for the total area of housing is set by regional authorities, but usually it looks like this:
- 33 sq.m. for one person.
- 42 sq.m. for a family of two.
- 18 sq.m. for everyone, if there are three or more people in the family.
Example: The owner of the certificate lives in an official marriage and has one child. Estimated cost sq.m. in his region is 45,000 rubles. He requires housing with an area of at least 54 sq.m.
45,000 x 54 = 2,430,000 rubles. – he will be given a certificate for this amount.
Note: if there is not enough money on the certificate to purchase an apartment, payment with your own funds or a mortgage or maternity capital is allowed.
Introduction: the state of affairs in the Russian Federation.
Over the past few years, federal authorities have adopted a number of laws and other regulations aimed at simplifying and speeding up a number of administrative procedures. Among them are “dacha amnesty”, maternity capital and a number of others. However, a special place is occupied by the program for providing citizens with special housing certificates (SHC), which allows them to independently purchase housing using subsidies provided by the state.
The introduction of any innovations rarely goes smoothly, and today citizens are already asking a lot of questions about how to obtain SHS, how to use it correctly, etc. Therefore, this article will be very useful to all those who are eligible to receive civil housing construction. And if today these are just a few categories of citizens, then every year the number of potential applicants for a one-time government subsidy will certainly increase. You can read a lot of “horror stories” about GHS on the Internet, but if you understand what it is, then there is nothing particularly to be afraid of.
Advantages and disadvantages of a housing certificate
Let's look at the pros and cons of a housing certificate:
Advantages and disadvantages
Gratuitous. Money is allocated from the regional budget; nothing is required from the certificate holder in return
Relatively simple conditions for obtaining
The certificate can be used at the discretion of the owner: buy an apartment in a new building or a resale building, purchase a house
Long waits in line: for example, it may consist of 200 people, but only five will be issued certificates in a year
Most often, the amount for the State Housing Development Agreement is not enough to fully pay for the property, and you have to add your own money
Cashing out
At the moment, the certificate can only be cashed through a real estate agency. This process is quite complex, and note, unsafe. In fact, it is a double transaction that affects the receipt of funds and real estate.
In reality, such a process looks like this: the certificate owner contacts an agency that is involved in a similar process. This agency is focused specifically on such clients who are ready to make such transactions. Often the owner waits several months for offers on housing.
An apartment is selected taking into account that its cost should not exceed the amount of the subsidy. And an important point: the deal implies that the client chooses a living space, and the owner pays for it using a certificate. As a result, the client receives an apartment, and the owner of the certificate receives funds.
It is worth noting that this transaction is a risk and is not always transparent and clean for the certificate owner. Moreover, this is a deliberate deception of the state, which cares about its citizens, and the housing certificate is aimed at improving living conditions.
Based on the above procedures for registering a housing estate, it should be noted that with the right approach and strict adherence to all instructions, purchasing your own housing with the help of the state is not so difficult. Do not succumb to provocations from black realtors, use the services of qualified lawyers - be vigilant. Try to control the progress of the housing supply queue. Remember that everything is in your hands and with such a worthy goal and help, you can realize your goal for the benefit of yourself and your family!
How to get a housing certificate: step-by-step instructions
To obtain a GHS certificate, you need to contact a military unit or local administration with an application:
- An application and other documents are submitted.
- The authorized body reviews the documents and puts the participant in line.
- When the turn comes, a certificate is issued. It must be used to purchase real estate within the specified time frame, otherwise it will be canceled and you will have to start all over again.
Note! The certificate must be given to the bank within three months from the date of issue indicated on it. You need to buy a home and submit documents to the bank within 7 months.
Contents and sample application
The application or report is filled out according to the approved form. It states:
- The name of the institution to which it is submitted.
- Full name, date of birth, passport details of the applicant.
- Request for inclusion in the state program.
- Chosen place of residence.
- The date from which the applicant is registered as needy.
- Information about family members.
- Description of submitted documents.
- FULL NAME. and signatures of adult family members of the applicant.
Documentation
The list of documents for the SHA certificate depends on which category of citizens participating in the program the applicant belongs to.
You will definitely need:
- statement (report);
- passport;
- documents confirming relationship with family members;
- obligation to terminate the social tenancy agreement;
- certificates of absence of debts for housing provided under social rent;
- certificate of total length of service indicating the grounds for dismissal.
Note: the authority issuing the certificate will check with Rosreestr whether the applicant owns other real estate.
Deadlines
The timing of obtaining a certificate depends on the schedule planned by the Government annually. On average, 5-10 certificates are provided for each subject of the Russian Federation per year, but in some regions they may issue one at a time. Most likely, you will have to wait a long time.
How to find out the queue?
The participant has the right to receive timely information about the status and number upon issuance of the certificate. You can obtain information at the location of the administrative authority. Information is provided upon first request in a short time.
To obtain information, a written application must be drawn up in two copies, each having equal legal force. The employee accepting the application must put a date and signature on the participant’s copy. One copy is reviewed by the housing department, the other remains in the hands of the participant.
The request can be delivered either personally or by registered letter with acknowledgment of delivery. In this case, the response will be received in writing within 30 calendar days from the date of receipt of the request.
Another type of request submission is the state online system, which was created to simplify the procedure.
Buying an apartment using a housing certificate: step-by-step instructions
The certificate must be submitted to the bank to open a blocked personal account within three months. The further procedure looks like this:
- The owner of the GHS certificate finds an apartment and enters into a purchase and sale agreement (hereinafter referred to as the PSA) with the seller.
- The transfer of ownership is registered in Rosreestr. Within three days, the bank verifies the documents and sends an application to transfer money from the individual account.
- The money arrives to the seller within 5-7 days.
Note! Under the contract, the seller may require a deposit. It is transferred before submitting documents for registration. Usually the amount does not exceed 50,000-100,000 rubles.
Contents and sample agreement
The DCP must contain all information about the transaction:
- Full name, dates of birth, passport details of the parties, registration addresses.
- Address, area, number of rooms, cadastral number of the property.
- Cost of housing.
- Amount of fee for the certificate and for cash or mortgage.
- Certificate details: series, number, date of issue, who issued it.
- Payment order.
- Responsibility of the parties.
- Guarantees, rights and obligations of parties to the transaction.
- Amount of the deposit (if transferred).
- Account details for depositing money.
- Signatures of the buyer and seller.
Documentation
For the transaction, the buyer must present only a passport to the seller. The bank will need the certificate along with it.
The seller provides the buyer with an extract from the Unified State Register of Real Estate, a document confirming the basis for the emergence of ownership rights, a registration certificate, a certificate of absence of debts for housing and communal services and an extract from the house register.
Expenses
The buyer pays a state fee for registering property rights - 2,000 rubles. Other expenses may arise if notarization of the contract is required: the fee will be 0.5% of the transaction price, maximum 20,000 rubles. Costs can be distributed between the parties by agreement.
If the buyer turns to a lawyer for transaction support, it will cost from 10,000 to 100,000 rubles. depending on the complexity of the procedure and the number of services provided.
What documents are needed?
The categories that can count on participation in the federal program are quite diverse and the list of documents that will need to be provided differs. However, there is a list that needs to be prepared for all categories and additional documents will be attached to it:
- Application for participation in the federal subsidy program.
- Certificate confirming the need to improve living conditions.
- Passport of a citizen of the Russian Federation (or another document that will verify the identity of the applicant).
- If the applicant is a military personnel, it is necessary to provide a document confirming the vacancy of housing that was allocated at the last place of service . Until such a document is provided, you cannot count on receiving a bond.
- An extract from the house register at the previous place of registration (which will confirm the need to improve existing living conditions).
- A copy of the financial personal account at the place of residence where the applicant was previously registered.
- Documents that will confirm the applicant’s relationship with each specific person whom (or whom) he indicated as members of his family.
If you want to know about the state program of affordable housing for young families, we advise you to read the article.
Lawyer's answers to private questions
Are there housing certificates for teachers and doctors?
Yes, in different regions there are programs through which young professionals, doctors, and teachers can obtain certificates. Details need to be clarified with the local administration. For example, now in Russia there is a “Zemsky Doctor” program, under which you can receive up to 2,000,000 rubles. for the purchase of housing.
Is it possible to apply for a tax deduction if an apartment was purchased using a state housing certificate?
No, a property tax deduction is only due if you spent your own money on the purchase or took out a mortgage.
I live in a communal two-room apartment with my son. We were given housing certificates for 550,000 rubles. Can they be used to buy a second room?
Yes, if the owner of the second room agrees. In this case, both owners of certificates act as buyers, and ownership is registered in shares.
Is it necessary to allocate shares to other family members when purchasing real estate using a housing certificate?
Yes, definitely, because... The certificate amount is calculated based on the number of required sq.m. and the number of family members of the owner.
Is it possible to sell an apartment received under a housing certificate immediately after purchase? How will the tax be paid?
Personal income tax will be calculated on the full cost of housing. If you spent your own money, the base can be reduced by this amount by submitting supporting documents to the Federal Tax Service. Personal income tax of 13% may not be paid if more than 5 years have passed since the registration of property rights.
Implementing a certificate
A housing certificate to pay for the purchase of an apartment in ownership is used according to the following scheme:
- A bank account is opened. Once a certificate is issued, its owner is given exactly two months to open an account. It doesn’t even matter in which region the discovery takes place. It may differ from the one stated in the certificate. Based on the results, a bank card is issued to the person, on which the owner’s signature is placed. All operations performed are paid from the funds of the account manager.
- Selection of housing. In addition to new housing, an apartment, you can also purchase it on the secondary market. The same applies to an individual home. The seller here can be an individual or legal entity. The most important thing is that there is full compliance with established standards, technical requirements, and level of livability. It is important to provide a total area that cannot be less than the standards established under the program, including for certain categories of citizens. If the cost of housing is higher than that indicated in the certificate, then the additional amount must be paid by the owner of the document. It is very important to take into account the points regarding new buildings, when the delivery of the house can be carried out over several years. Here you need to choose housing according to the program, which immediately becomes your property. An agreement is concluded with the seller of the apartment or house, which serves as the basis for the allocation of funds under the existing certificate.
Important points when purchasing relate to the fact that the seller must be the owner of the property being sold, the apartment must be clean from the legal side. There is no need to contact a notary to certify the fact of the transaction.
Validity
Depending on what program is used to implement the certificate, its validity period may vary. For example, employees of the Ministry of Internal Affairs and military personnel must use the document within 9 months. Young families must use the security within six months from the date of issue. If the document is not implemented within this time, then according to the law it will be canceled. Participation in the program again is strictly prohibited by law. At the same time, each LDS indicates its validity period. It should be treated with care and suitable housing should be found as quickly as possible.
To summarize, we can say that a certificate for obtaining housing can be obtained by a large or young family, as well as disabled people, WWII participants, military personnel and police officers. The last two categories must have at least 10 years of work experience. The paper has its own expiration date, after which the document will be canceled. It is prohibited by law to re-enter the program.
Your rating of the article