Decree 862 paragraph 13 subparagraph g. On the Rules for the allocation of funds (part of funds) of maternity (family) capital to improve housing conditions

home » Credit history Decree 862 paragraph 13 subparagraph g. On the Rules for the allocation of funds (part of funds) of maternity (family) capital to improve housing conditions

GOVERNMENT OF THE RUSSIAN FEDERATION
RESOLUTION
dated December 12, 2007 N 862
ABOUT RULES OF DIRECTION OF FUNDS (PART OF FUNDS)
MATERNITY (FAMILY) CAPITAL FOR IMPROVEMENT
HOUSING CONDITIONS

(as amended by Decrees of the Government of the Russian Federation of January 13, 2009 N 20,
dated 04.12.2009 N 994, dated 27.11.2010 N 937,
dated December 24, 2011 N 1124, dated March 25, 2013 N 257,
dated 03/26/2014 N 230, dated 04/30/2014 N 401,
as amended by decision Supreme Court RF
dated 17.08.2010 N GKPI10-806)

Article 10 federal law"On additional measures of state support for families with children" Government Russian Federation decides:

1. Approve the attached Rules for the allocation of funds (part of funds) of maternity (family) capital to improve housing conditions.

2. Establish that the Ministry of Construction, Housing and Communal Services of the Russian Federation provides clarifications on the procedure for applying the Rules approved by this Decree in agreement with the Ministry of Labor and Social Protection of the Russian Federation and the Ministry of Finance of the Russian Federation.

(as amended by Decrees of the Government of the Russian Federation of March 25, 2013 N 257, of March 26, 2014 N 230)

Prime Minister
Russian Federation
V.ZUBKOV

Approved
Government Decree
Russian Federation
dated December 12, 2007 N 862

REGULATIONS
DIRECTIONS OF FUNDS (PARTS OF FUNDS)
(FAMILY) CAPITAL FOR IMPROVED HOUSING CONDITIONS

(as amended by Decrees of the Government of the Russian Federation of December 4, 2009 N 994,
dated November 27, 2010 N 937, dated December 24, 2011 N 1124,
dated 30.04.2014 N 401)

1. These Rules establish the types of expenses for which funds (part of the funds) of maternity (family) capital can be directed to improve housing conditions, the procedure for submitting an application for the disposal of these funds and the list of documents required for consideration of the application, as well as the procedure and terms for transfer the specified funds.

2. A person who has received a state certificate for maternity (family) capital (hereinafter referred to as the certificate) has the right to use the funds (part of the funds) of maternity (family) capital:

for the acquisition or construction of residential premises carried out by citizens through the conclusion of any transactions that do not contradict the law and participation in obligations (including participation in housing, housing construction and housing savings cooperatives), by non-cash transfer of these funds to an organization engaged in the alienation (construction) of the acquired (under construction ) residential premises, or to an individual alienating the acquired residential premises, or to an organization, including a credit institution, that provided loan agreement(loan agreement) cash for the specified purposes;

for the construction or reconstruction of an object of individual housing construction, carried out by citizens without the involvement of an organization that performs the construction (reconstruction) of an object of individual housing construction, including under a construction contract (hereinafter referred to as the construction organization), as well as for compensation of costs incurred for construction or reconstruction in this way, the object of individual housing construction, by transferring the specified funds to the bank account of the person who received the certificate.

A person who has received a certificate has the right to use the funds (part of the funds) of maternity (family) capital for the acquisition, construction of residential premises, as well as for the construction or reconstruction of an individual housing construction facility without involving construction organization carried out by a person who is in a registered marriage with a person who has received a certificate (hereinafter referred to as the spouse of the person who has received a certificate).

(clause 2 as amended by Decree of the Government of the Russian Federation of November 27, 2010 N 937)

3. In the event that a person who has received a certificate, or a spouse of a person who has received a certificate, is provided with a credit (loan), including a mortgage, for the purchase or construction of housing, or a credit (loan), including a mortgage, for the repayment of a previously granted credit (loan ) for the acquisition or construction of housing, funds (part of the funds) of maternity (family) capital can be directed to:

a) payment of a down payment upon receipt of a credit (loan), including a mortgage, for the purchase or construction of housing;

b) repayment of the principal debt and payment of interest on a credit (loan), including a mortgage, for the purchase or construction of housing (with the exception of fines, commissions, penalties for late performance of obligations under the said credit (loan)), including credit ( loan), the obligation under which the person who received the certificate arose before the right to receive maternity (family) capital funds arose;

c) repayment of the principal debt and payment of interest on a credit (loan), including a mortgage, for the repayment of a previously granted credit (loan) for the purchase or construction of housing (with the exception of fines, commissions, penalties for late fulfillment of obligations under the specified credit (loan) ), obligations under which the person who received the certificate arose before the right to receive maternity (family) capital funds arose.

3(1). Funds (part of the funds) of maternity (family) capital are used to repay the principal debt and pay interest on loans for the acquisition (construction) of residential premises provided to citizens under a loan agreement for the acquisition (construction) of residential premises concluded with one of the organizations that is:

a) a credit institution in accordance with the Federal Law "On Banks and Banking Activities";

b) a microfinance organization in accordance with the Federal Law "On Microfinance Activities and Microfinance Organizations";

c) a credit consumer cooperative in accordance with the Federal Law "On Credit Cooperation";

d) another organization providing a loan under a loan agreement, the fulfillment of an obligation under which is secured by a mortgage.

(Clause 3(1) was introduced by Decree of the Government of the Russian Federation No. 401 of April 30, 2014)

4. A person who has received a certificate has the right to personally or through a representative apply to the territorial authority pension fund Russian Federation at the place of residence with a statement on the disposal of funds (part of the funds) of maternity (family) capital (hereinafter referred to as the application).

Citizens of the Russian Federation who have left for a permanent place of residence outside the Russian Federation and do not have a registered place of residence and place of stay on the territory of the Russian Federation shall submit an application directly to the Pension Fund of the Russian Federation.

5. The person who received the certificate indicates in the application the type of expenses for which the funds (part of the funds) of the maternity (family) capital are directed to improve housing conditions, as well as the amount of these funds. In the case of directing funds (part of the funds) of maternity (family) capital for the acquisition, construction of residential premises, as well as for the construction or reconstruction of an individual housing construction facility without the involvement of a construction organization, carried out by the spouse of the person who received the certificate, such a circumstance is indicated in the application.

6. The application is submitted in writing with the following documents:

a) the original certificate (its duplicate in case of loss or damage to the certificate);

b) the main document proving the identity of the person who received the certificate and his registration at the place of residence or at the place of stay;

c) the main document proving the identity of the representative and a notarized power of attorney confirming his authority - if the application is submitted through a representative;

d) the main document proving the identity of the spouse of the person who received the certificate, and his registration at the place of residence or at the place of stay, - if the party to the transaction or obligations to purchase or build housing is the spouse of the person who received the certificate, or if the construction or reconstruction of the object individual housing construction is carried out by the spouse of the person who received the certificate;

(as amended by Decree of the Government of the Russian Federation of November 27, 2010 N 937)

e) marriage certificate - if the party to the transaction or obligations to purchase or build housing is the spouse of the person who received the certificate, or if the construction or reconstruction of an individual housing construction object is carried out by the spouse of the person who received the certificate.

(as amended by Decree of the Government of the Russian Federation of November 27, 2010 N 937)

7. If, in accordance with - these Rules, copies of documents are attached to the application and the accuracy of these copies is not certified in accordance with the procedure established by the legislation of the Russian Federation, their originals are simultaneously submitted.

8. In the case of directing funds (part of the funds) of maternity (family) capital to pay for the acquired residential premises, the person who received the certificate, along with the documents specified in paragraph 6 of these Rules, shall submit:

ConsultantPlus: note.

Rule about state registration contracts for the sale of residential premises does not apply to contracts concluded after March 1, 2013 (Federal Law of December 30, 2012 N 302-FZ).

a) a copy of the contract for the sale of residential premises (the contract for the sale of residential premises with installment payment), which has passed state registration in the prescribed manner;

(as amended by Decree of the Government of the Russian Federation of November 27, 2010 N 937)

b) a copy of the certificate of state registration of ownership of the residential premises of the person who received the certificate, and (or) his spouse, who purchases the residential premises using maternity (family) capital (except for the case when the contract for the sale of residential premises by installments payment stipulates that the ownership of the acquired residential premises passes to the buyer after full payment of the contract price);

(clause "b" as amended by Decree of the Government of the Russian Federation of November 27, 2010 N 937)

c) has expired. - Decree of the Government of the Russian Federation of November 27, 2010 N 937;

d) in the event that the residential premises are not registered in the common ownership of the person who received the certificate, his spouse, children (including the first, second, third child and subsequent children) or the state registration of ownership of the residential premises is not carried out - certified in the established legislation Russian Federation, under the procedure for a written obligation of a person (persons) who is a buyer under a contract for the sale of residential premises (a contract for the sale of residential premises with an installment plan) using funds (part of the funds) of maternity (family) capital, to register the residential premises in the common ownership of a person who received the certificate, his spouse, children (including the first, second, third child and subsequent children) with the determination of the size of the shares by agreement within 6 months after the transfer by the Pension Fund of the Russian Federation of maternity (family) capital to the person expropriating the residential premises , and in case of purchase tenements of a dwelling under a contract for the sale of a dwelling with an installment payment - within 6 months after making the last payment, which completes the payment of the cost of the dwelling in full;

(paragraph "d" as amended by Decree of the Government of the Russian Federation of November 27, 2010 N 937)

e) a certificate from the person expropriating the residential premises under the contract for the sale of residential premises with installment payment, concluded with the person who received the certificate, or with the spouse of the person who received the certificate, about the amount of the remaining unpaid amount under the agreement - if the acquisition of residential premises is carried out under a contract for the sale of residential premises with installment payment.

(paragraph "d" was introduced by Decree of the Government of the Russian Federation of November 27, 2010 N 937)

8(1). The amount of funds (part of the funds) of maternity (family) capital directed to pay for obligations under the contract for the sale of residential premises (contract for the sale of residential premises with installment payment) cannot exceed the price of the contract or the amount of the remaining unpaid amount under the contract.

(clause 8(1) was introduced by Decree of the Government of the Russian Federation of November 27, 2010 N 937)

9. In the case of directing funds (part of funds) of maternity (family) capital to pay the price of the participation agreement in shared construction the person who received the certificate, along with the documents specified in paragraph 6 of these Rules, submits:

a) a copy of the agreement for participation in shared construction, which has passed state registration in the prescribed manner;

b) a document containing information on the amount contributed towards the payment of the price of the agreement on participation in shared construction and on the remaining unpaid amount under the agreement;

(as amended by Decree of the Government of the Russian Federation of November 27, 2010 N 937)

10. In the case of directing funds (part of the funds) of maternity (family) capital to pay for the construction of an individual housing construction facility, carried out with the involvement of a construction organization, the person who received the certificate, along with the documents specified in paragraph 6 of these Rules, shall submit:

(as amended by Decree of the Government of the Russian Federation of November 27, 2010 N 937)

a) a copy of the building permit issued to the person who received the certificate, or the spouse of the person who received the certificate;

b) a copy of the building contract;

c) a written obligation of the person (persons) for whom the building permit has been issued, certified in accordance with the procedure established by the legislation of the Russian Federation, within 6 months after the commissioning of an individual housing construction facility, to issue a residential building built using funds (part of the funds) of the mother (family) ) capital, in the common ownership of the person who received the certificate, his spouse, children (including the first, second, third child and subsequent children) with the determination of the size of the shares by agreement;

(as amended by Decree of the Government of the Russian Federation of November 27, 2010 N 937)

d) a copy of the document confirming the ownership of the person who received the certificate, or the spouse of the person who received the certificate, to the land plot on which the construction of an individual housing construction facility is carried out, or the right to permanent (unlimited) use of such land plot, or the right of lifetime inheritable possession of such a land plot, or the right to lease such a land plot, or the right to free fixed-term use of a land plot that is intended for housing construction and on which the construction of an individual housing construction object is carried out.

(paragraph "d" was introduced by Decree of the Government of the Russian Federation of November 27, 2010 N 937)

10(1). Funds (part of the funds) of maternity (family) capital are directed to the construction or reconstruction of an individual housing construction facility carried out by citizens without the involvement of a construction organization in the following order:

a) initially in an amount not exceeding 50 percent of the amount of maternity (family) capital, due to the person who received the certificate, as of the date of submission of the application;

b) after 6 months from the date of the initial allocation of part of the funds of the maternity (family) capital to improve housing conditions, subject to the requirement to perform the main work on the construction of an individual housing construction object (installation of the foundation, erection of walls and roofing) or to carry out work on the reconstruction of an individual housing construction object housing construction, as a result of which the total area of the residential premises (residential premises) of the reconstructed object increases by at least the accounting norm for the area of \u200b\u200bthe residential premises established in accordance with the housing legislation of the Russian Federation.

(clause 10(1) was introduced by Decree of the Government of the Russian Federation of November 27, 2010 N 937)

10(2). In order to direct part of the maternity (family) capital funds to improve housing conditions in accordance with subparagraph "a" of paragraph 10 (1) of these Rules, the person who received the certificate, along with the documents specified in paragraph 6 of these Rules, submits certified in the prescribed manner:

a copy of the building permit issued to the person who received the certificate or the spouse of the person who received the certificate;

a copy of the certificate of state registration of the property right of the person who received the certificate, or the spouse of the person who received the certificate, to an individual housing construction object - if the funds (part of the funds) of the maternity (family) capital are directed to its reconstruction;

a written obligation of the person (persons) for whom the building permit is issued, within 6 months after receiving the cadastral passport of the individual housing construction object, to issue a residential building built (reconstructed) using funds (part of the funds) of maternity (family) capital, into common ownership the person who received the certificate, his spouse, children (including the first, second, third child and subsequent children) with the determination of the size of the shares by agreement.

(clause 10(2) was introduced by Decree of the Government of the Russian Federation of November 27, 2010 N 937)

10(3). To direct part of the maternity (family) capital funds to improve housing conditions in accordance with subparagraph "b" of paragraph 10 (1) of these Rules, the person who received the certificate, along with the documents specified in these Rules, submits:

a) a document issued by the body authorized to issue a building permit, confirming the performance of the main work on the construction of an individual housing construction object (installation of the foundation, erection of walls and roofs) or the performance of work on the reconstruction of an individual housing construction object, as a result of which the total area of \u200b\u200bthe residential premises (residential premises) of the object being reconstructed increases by at least the accounting norm for the area of \u200b\u200bthe residential premises, established in accordance with the housing legislation of the Russian Federation;

b) a document confirming that the person who received the certificate has a bank account, indicating the details of this account.

(clause 10(3) was introduced by Decree of the Government of the Russian Federation of November 27, 2010 N 937)

10(4). In the case of directing funds (part of the funds) of maternity (family) capital to compensate for the costs incurred for the construction of an individual housing construction object, the ownership of which arose not earlier than January 1, 2007, or for the reconstruction of an individual housing construction object carried out after January 1 2007, regardless of the date of occurrence of the right of ownership to the object of individual housing construction, which has undergone reconstruction, carried out by the person who received the certificate, or the spouse of the person who received the certificate, taking into account the requirements provided for in paragraph 10(1) of these Rules, the person who received the certificate, simultaneously with the documents specified in paragraph 6 of these Rules, submits certified in the prescribed manner:

a copy of the document confirming the right of ownership of the person who received the certificate, or the spouse of the person who received the certificate, to the land plot on which the construction of an individual housing construction facility is being carried out, or the right to permanent (unlimited) use of such a land plot, or the right to life-long inheritable possession of such a land plot , or the right to lease such a land plot, or the right to free fixed-term use of a land plot that is intended for housing construction and on which the construction of an individual housing construction facility is carried out;

a copy of the certificate of state registration of ownership of an individual housing construction object that arose not earlier than January 1, 2007, or a copy of the certificate of state registration of ownership of an individual housing construction object reconstructed after January 1, 2007 - regardless of the date of occurrence of ownership of an object of individual housing construction that has undergone reconstruction;

a written obligation of the person (persons), who owns the object of individual housing construction, to register the specified object in the common ownership of the person who received the certificate, his spouse, children (including the first, second, third child and subsequent children) with the determination of the size of shares according to agreement within 6 months after the transfer of maternity (family) capital funds by the Pension Fund of the Russian Federation - if the individual housing construction object is not registered in the common property of the person who received the certificate, his spouse, children (including the first, second, third child and subsequent children).

The person who received the certificate also submits a document confirming that he has a bank account, indicating the details of this account.

(clause 10(4) was introduced by Decree of the Government of the Russian Federation of November 27, 2010 N 937)

11. If the person who received the certificate, or the spouse of the person who received the certificate, is a member of a housing, housing construction, housing savings cooperative (hereinafter referred to as the cooperative), the funds (part of the funds) of maternity (family) capital may be directed by the person who received certificate, as a payment towards the payment of the entry fee and (or) share fee. The person who received the certificate, along with the documents specified in these Rules, submits:

a) an extract from the register of members of the cooperative, confirming the membership in the cooperative of the person who received the certificate, or the spouse of the person who received the certificate (a document confirming that a citizen has submitted an application for admission to membership in a housing savings cooperative, or a decision on admission to membership in a housing, housing and construction cooperative );

b) a certificate of the amount of the share contribution paid for the dwelling and the remaining unpaid amount of the share contribution necessary for acquiring ownership of the dwelling (for members of the cooperative);

c) a copy of the charter of the cooperative;

d) expired. - Decree of the Government of the Russian Federation of November 27, 2010 N 937;

e) a written obligation of a person who is a member of a cooperative, certified in accordance with the procedure established by the legislation of the Russian Federation, within 6 months after making the last payment, completing the payment of a share contribution in full, to arrange a residential building built using funds (part of the funds) of the maternal (family) capital, into the common ownership of the person who received the certificate, his spouse, children (including the first, second, third child and subsequent children) with the determination of the size of the shares by agreement.

(as amended by Decree of the Government of the Russian Federation of November 27, 2010 N 937)

12. In the case of directing funds (part of the funds) of maternity (family) capital for the payment of an initial contribution when obtaining a credit (loan), including a mortgage, for the purchase or construction of housing, the person who received the certificate, simultaneously with the documents specified in paragraph 6 and subparagraphs "a" - "c" of paragraph 8, or paragraph 6 and subparagraphs "a" and "b" of paragraph 9, or paragraph 6 and subparagraphs "a" and "b" of paragraph 10 of these Rules, represents:

a) a copy of the loan agreement (loan agreement) for the purchase or construction of housing;

b) a copy of the mortgage agreement that has passed the state registration in accordance with the established procedure - if the loan agreement (loan agreement) provides for its conclusion;

c) a written obligation of a person who is a debtor under a loan agreement (loan agreement), certified in accordance with the procedure established by the legislation of the Russian Federation, to register a dwelling, acquired or built using funds (part of the funds) of maternity (family) capital, into the common property of the person who received the certificate , his spouse, children (including the first, second, third child and subsequent children) with the determination of the size of the shares by agreement within 6 months:

(as amended by Decree of the Government of the Russian Federation of November 27, 2010 N 937)

after the commissioning of an individual housing construction object (in the absence of an encumbrance) - in the case of individual housing construction;

after the transfer by the Pension Fund of the Russian Federation of maternity (family) capital (in the absence of an encumbrance and when a housing construction facility is put into operation) - in other cases.

13. In the case of directing funds (part of the funds) of maternity (family) capital to repay the principal debt and pay interest on a credit (loan), including a mortgage, for the purchase or construction of housing, or on a credit (loan), including a mortgage, for the repayment of a previously granted credit (loan) for the purchase or construction of housing (with the exception of fines, commissions, penalties for delay in fulfilling obligations under the specified credit (loan)) the person who received the certificate, along with the documents specified in paragraph 6 of these Rules, shall submit:

(as amended by Decree of the Government of the Russian Federation of November 27, 2010 N 937)

a) a copy of the loan agreement (loan agreement). When directing funds (part of the funds) of maternity (family) capital to repay the principal debt and pay interest on a loan (loan), including mortgage, to repay a previously granted loan (loan) for the purchase or construction of housing, a copy of the previously concluded loan agreement is additionally submitted (loan agreement) for the purchase or construction of housing;

(as amended by Decree of the Government of the Russian Federation of November 27, 2010 N 937)

b) a certificate from the creditor (lender) on the size of the balance of the principal debt and the balance of the debt on payment of interest for the use of the credit (loan). If the right (claim) belonging on the basis of an obligation to the creditor is transferred by him to another person (assignment of the right to claim, transfer of rights to a mortgage) in the procedure for transferring rights under loan agreements secured by a mortgage, established by Articles 47 and 48 of the Federal Law "On Mortgage ( real estate pledge)", or transferred to another person on the basis of the law, the certificate shall contain information about the name and location of the creditor to whom the rights under the loan agreement (loan agreement) belong on the date of the certificate. If a certificate is submitted on behalf of the creditor by a third party acting on the basis of a power of attorney, a copy of the creditor's power of attorney is submitted to the third party;

(as amended by Decree of the Government of the Russian Federation of November 27, 2010 N 937)

c) a copy of the mortgage agreement that has passed the state registration in accordance with the established procedure - if the loan agreement (loan agreement) provides for its conclusion;

d) a certificate of state registration of ownership of a dwelling acquired or built using credit (borrowed) funds - in the case of the acquisition of a dwelling, as well as in the case of commissioning of a housing construction facility;

(as amended by Decree of the Government of the Russian Federation of November 27, 2010 N 937)

e) a copy of the agreement on participation in shared construction, which has passed state registration in the prescribed manner, or a copy of the permit for the construction of an individual residential building - if the housing construction facility has not been put into operation;

f) an extract from the register of members of the cooperative, confirming the membership in the cooperative of the person who received the certificate, or the spouse of the person who received the certificate (a document confirming that a citizen has submitted an application for admission to membership in a housing savings cooperative, or a decision on admission to membership in a housing, housing and construction cooperative ), - in the event that a credit (loan) is provided for the payment of an entrance fee and (or) a share contribution to a cooperative;

g) in the event that the residential premises are not registered in the common ownership of the person who received the certificate, his spouse, children (including the first, second, third child and subsequent children) and other family members living with them or state registration of ownership has not been carried out for residential premises - a written obligation of the person (persons) in whose ownership the residential premises are registered, acquired using funds (part of the funds) of maternity (family) capital, or being a party to a transaction or obligations to purchase or build residential premises, certified in accordance with the procedure established by the legislation of the Russian Federation; premises, register the specified residential premises in the common ownership of the person who received the certificate, his spouse, children (including the first, second, third child and subsequent children) with the determination of the size of the shares by agreement within 6 months:

(as amended by Decree of the Government of the Russian Federation of November 27, 2010 N 937)

after the removal of the encumbrance from the dwelling - in the case of the acquisition or construction of a dwelling using a mortgage loan (loan);

after the commissioning of a housing construction object (in the absence of an encumbrance) - in the case of individual housing construction or participation in shared construction;

paragraph is invalid. - Decree of the Government of the Russian Federation of November 27, 2010 N 937;

after the person who received the certificate, or the spouse of the person who received the certificate, makes the last payment, completing the payment of the share contribution in full, in case of participation in a cooperative;

h) a document confirming the receipt of funds under a loan agreement concluded in accordance with the requirements established by these Rules by transferring them to an account opened by the person who received the certificate or his spouse in a credit institution.

(clause "h" was introduced by Decree of the Government of the Russian Federation of April 30, 2014 N 401)

13(1). If the person who received the certificate, when submitting the application, did not submit, on his own initiative, the documents specified in subparagraph "b" of paragraph 8, subparagraphs "a" and "d" of paragraph 10, paragraphs two to four of paragraph 10 (2), subparagraph " a" of clause 10(3), paragraphs two and three of clause 10(4) and subparagraph "d" of clause 13 of these Rules, the Pension Fund of the Russian Federation and its territorial authorities request these documents (the information contained in them) from the authorities providing state and municipal services, in other state bodies or local governments and organizations subordinate to them that participate in the provision of state or municipal services and at whose disposal such documents (the information contained in them) must be in accordance with the regulatory legal acts of the Russian Federation, regulatory legal acts subjects of the Russian Federation and municipal legal acts.

(clause 13(1) was introduced by Decree of the Government of the Russian Federation of December 24, 2011 N 1124)

14. The amount of funds (part of the funds) of maternity (family) capital allocated to repay the principal debt and pay interest for using a credit (loan), including mortgage, for the purchase or construction of housing, or for repaying the principal debt and paying interest for use a loan (loan), including a mortgage loan, to repay a previously granted loan for the purchase or construction of housing, or as a payment for the price of an agreement for participation in shared construction, or as a payment for the payment of a share contribution, may not exceed, respectively, the amount of the balance of the principal debt and arrears in payment of interest for the use of the specified credit (loan), or the remaining unpaid amount under the agreement for participation in shared construction, or the remaining unpaid amount of the share contribution necessary for acquiring ownership of the dwelling.

15. A dwelling, an object of individual housing construction, for the acquisition, construction or reconstruction of which funds (part of the funds) of maternity (family) capital are directed, must be located on the territory of the Russian Federation.

(Clause 15 as amended by Decree of the Government of the Russian Federation of November 27, 2010 N 937)

16. Funds (part of funds) of maternity (family) capital are transferred by the Pension Fund of the Russian Federation (territorial body of the Pension Fund of the Russian Federation) in a non-cash manner to the bank account of the organization specified in the relevant agreement, which carries out the alienation (construction) of the acquired (under construction) residential premises, or individual alienating the acquired residential premises, or to the bank account of the cooperative, or to the bank account of the organization that provided the person who received the certificate, or the spouse of the person who received the certificate, a credit (loan), including a mortgage, or to the bank account of the person who received the certificate , in the case of directing funds (part of the funds) of the maternity (family) capital for the construction (reconstruction) of an individual housing construction object, carried out by citizens without the involvement of an organization engaged in the construction (reconstruction) of an individual housing construction object, or in the case of directing funds (part of the funds) of the parent (family) capital to compensate for the costs incurred for the construction (reconstruction) of an object of individual housing construction.

(as amended by Decree of the Government of the Russian Federation of November 27, 2010 N 937)

Upon assignment of the right to claim under a credit agreement (loan agreement), the said funds are transferred by bank transfer to the bank account of the organization to which the rights of claim have been transferred.

17. If the application is satisfied, the transfer of funds (part of the funds) of the maternity (family) capital is carried out by the Pension Fund of the Russian Federation (territorial body of the Pension Fund of the Russian Federation) no later than 2 months from the date of acceptance of the application.

(Clause 17 as amended by Decree of the Government of the Russian Federation of November 27, 2010 N 937)

18. Has expired. - Decree of the Government of the Russian Federation of November 27, 2010 N 937.

19. If the amount of funds (part of the funds) of the maternity (family) capital specified in the application and transferred to the account of the creditor organization (lender) exceeds the amount of the balance of the principal debt and interest for the use of the credit (loan) at the time of receipt of funds to the account organizations, the difference between the indicated amounts within 5 banking days from the date of receipt of funds to the account of the organization is subject to return to the Pension Fund of the Russian Federation (territorial body of the Pension Fund of the Russian Federation) to the account from which the funds were transferred.

The Pension Fund of the Russian Federation enters information about the returned balance of maternity (family) capital into the information on the person at the request of which the funds (part of the funds) of maternity (family) capital were transferred, contained in the federal register of persons entitled to additional measures of state support.

20. Upon receipt of information affecting the right of the person who received the certificate to dispose of the funds (part of the funds) of the maternity (family) capital, the Pension Fund of the Russian Federation (territorial body of the Pension Fund of the Russian Federation) before transferring the funds (part of the funds) of the maternity (family) capital requests information from the relevant authorities:

a) on the deprivation of parental rights in relation to the child, in connection with the birth of which the right to additional measures of state support arose;

b) about committing an intentional crime related to crimes against a person in relation to his child (children);

c) on the cancellation of the adoption of a child, in connection with the adoption of which the right to additional measures of state support has arisen;

d) on the restriction of parental rights in relation to the child, in connection with the birth of which the right to additional measures of state support has arisen;

e) on the removal of a child, in connection with the birth of which the right to additional measures of state support has arisen.

21. In the case specified in paragraph 20 of these Rules, the transfer of funds (part of the funds) of maternity (family) capital is suspended until the Pension Fund of the Russian Federation (territorial bodies of the Pension Fund of the Russian Federation) receives the requested information.

22. Upon receipt of confirmation of the information specified in paragraph 20 of these Rules in relation to the person who submitted the application, the transfer of funds (part of the funds) of the maternity (family) capital at the request of the specified person is not made.

In this case, the person who becomes entitled to additional measures of state support in accordance with Parts 3-5 of Article 3 of the Federal Law "On Additional Measures of State Support for Families with Children", at its own discretion, decides on the disposal of funds (part of the funds) of the mother's (family) capital for the improvement of housing conditions in accordance with the procedure established by these Rules, or for other purposes provided for by the said Federal Law.

Approved by this resolution, gives the Ministry of Regional Development of the Russian Federation in agreement with the Ministry of Labor and Social Protection of the Russian Federation and the Ministry of Finance of the Russian Federation.

Rules for allocating funds (part of funds) of maternity (family) capital to improve housing conditions (approved by Decree of the Government of the Russian Federation of December 12, 2007 N 862)

for the acquisition or construction of residential premises carried out by citizens through the conclusion of any transactions that do not contradict the law and participation in obligations (including participation in housing, housing construction and housing savings cooperatives), by non-cash transfer of these funds to an organization engaged in the alienation (construction) of the acquired (under construction ) residential premises, or to an individual alienating the acquired residential premises, or to an organization, including a credit organization, that provided funds under a loan agreement (loan agreement) for the specified purposes;

A person who has received a certificate has the right to use the funds (part of the funds) of maternity (family) capital for the acquisition, construction of residential premises, as well as for the construction or reconstruction of an individual housing construction facility without the involvement of a construction organization, carried out by a person who is in a registered marriage with a person who received certificate (hereinafter referred to as the spouse of the person who received the certificate).

4. A person who has received a certificate has the right, personally or through a representative, to apply to the territorial body of the Pension Fund of the Russian Federation at the place of residence with an application for the disposal of funds (part of the funds) of maternity (family) capital (hereinafter referred to as the application).

7. If, in accordance with these Rules, copies of documents are attached to the application and the accuracy of these copies is not certified in accordance with the procedure established by the legislation of the Russian Federation, their originals are simultaneously submitted.

8.1. The amount of funds (part of the funds) of maternity (family) capital directed to pay for obligations under the contract for the sale of residential premises (contract for the sale of residential premises with installment payment) cannot exceed the price of the contract or the amount of the remaining unpaid amount under the contract.

9. In the case of directing funds (part of the funds) of the maternity (family) capital to pay the price of the agreement on participation in shared construction, the person who received the certificate, along with the documents specified in these Rules, shall submit:

Rules
allocation of funds (part of funds) of maternity (family) capital to improve housing conditions
(approved by Decree of the Government of the Russian Federation of December 12, 2007 N 862)

With changes and additions from:

January 13, December 4, 2009, November 27, 2010, December 24, 2011, April 30, October 22, 2014, January 30, July 9, September 9, 2015, March 3, May 25, 2017 , May 31, 2018, May 25, 2019, February 14, 2020

for the acquisition or construction of residential premises carried out by citizens through the conclusion of any transactions that do not contradict the law and participation in obligations (including participation in housing, housing construction and housing savings cooperatives), by non-cash transfer of these funds to an organization engaged in the alienation (construction) of the acquired (under construction ) residential premises, or to an individual alienating the acquired residential premises, or to an organization, including a credit institution, that provided funds for the specified purposes under a loan agreement (loan agreement). Funds (part of the funds) of maternity (family) capital can be directed to an escrow account, the beneficiary of which is the person expropriating (constructing) the acquired (under construction) residential premises;

A person who has received a certificate has the right to use the funds (part of the funds) of maternity (family) capital for the acquisition, construction of residential premises, as well as for the construction or reconstruction of an individual housing construction facility without the involvement of a construction organization, carried out by a person who is in a registered marriage with a person who received certificate (hereinafter referred to as the spouse of the person who received the certificate).

a) payment of a down payment upon receipt of a credit (loan), including a mortgage, for the purchase or construction of housing;

c) repayment of the principal debt and payment of interest on a credit (loan), including a mortgage, for the repayment of an earlier credit (loan) for the purchase or construction of housing (with the exception of fines, commissions, penalties for late fulfillment of obligations under the specified credit (loan) ), including credits (loans), obligations under which a person who received a certificate arose before the right to receive maternity (family) capital funds arose.

3.1. Funds (part of the funds) of maternity (family) capital are used to pay the down payment and (or) repay the principal debt and pay interest on loans for the acquisition (construction) of residential premises provided to citizens under a loan agreement for the acquisition (construction) of residential premises concluded with one of the organizations that:

c) a credit consumer cooperative in accordance with the Federal Law "On Credit Cooperation", an agricultural credit consumer cooperative in accordance with the Federal Law "On Agricultural Cooperation", operating for at least 3 years from the date of state registration;

d) a single development institution in the housing sector, defined by the Federal Law "On the Promotion of Development and Improving the Efficiency of Management in the Housing Sector and on Amendments to Certain Legislative Acts of the Russian Federation."

The application is submitted in writing with the following documents:

b) the main document proving the identity of the person who received the certificate and his registration at the place of residence or at the place of stay;

c) the main document proving the identity of the representative and a notarized power of attorney confirming his authority - if the application is submitted through a representative;

7. If, in accordance with paragraphs 6, 8 - 13 of these Rules, copies of documents are attached to the application and the accuracy of these copies is not certified in accordance with the procedure established by the legislation of the Russian Federation, their originals are simultaneously submitted.

8. In the case of directing funds (part of the funds) of maternity (family) capital to pay for the acquired residential premises, the person who received the certificate, simultaneously with the documents specified in paragraph 6

b) an extract from the Unified State Register of Real Estate containing information on the rights to the living quarters of the person who received the certificate and (or) his spouse who purchases the living quarters using maternity (family) capital (except for the case when the contract of sale residential premises with installment payment, it is stipulated that the ownership of the acquired residential premises passes to the buyer after full payment of the contract price);

d) in the event that the residential premises are not registered in the common ownership of the person who received the certificate, his spouse, children (including the first, second, third child and subsequent children) or the state registration of ownership of the residential premises is not carried out - certified in the established legislation Russian Federation, under the procedure for a written obligation of a person (persons) who is a buyer under a contract for the sale of residential premises (a contract for the sale of residential premises with an installment plan) using funds (part of the funds) of maternity (family) capital, to register the residential premises in the common ownership of a person who received the certificate, his spouse, children (including the first, second, third child and subsequent children) with the determination of the size of the shares by agreement within 6 months after the transfer by the Pension Fund of the Russian Federation of maternity (family) capital to the person expropriating the residential premises , and in case of purchase tenancy of a dwelling under a contract for the sale of a dwelling with an installment plan - within 6 months after the last payment is made, which completes the payment of the cost of the dwelling in full, and in the event of the acquisition of a dwelling under a contract for the sale of a dwelling using the funds of the target housing a loan granted in accordance with the legislation of the Russian Federation - within 6 months after the removal of the encumbrance from the dwelling;

Information about changes:

By Decree of the Government of the Russian Federation of November 27, 2010 N 937, the Rules were supplemented by clause 8.1

a) a copy of the agreement for participation in shared construction, which has passed state registration in the prescribed manner;

c) a written obligation of a person (persons) that is a party to an agreement on participation in shared construction, certified in accordance with the procedure established by the legislation of the Russian Federation, within 6 months after signing the deed of transfer or other document on the transfer to a participant in shared construction of an object of shared construction, to issue a residential building built using funds (part of the funds) of maternity (family) capital, into the common property of the person who received the certificate, his spouse, children (including the first, second, third child and subsequent children) with the determination of the size of the shares by agreement, and if the dwelling built using the funds of a targeted housing loan provided in accordance with the legislation of the Russian Federation - within 6 months after the occurrence of such events in the aggregate as the signing of a transfer deed or other document on the transfer to a participant in shared construction of an object of shared construction wa, as well as the removal of encumbrances from the premises.

a) a copy of the building permit or notice referred to in paragraph 2 of paragraph 7 of Article 51.1

b) a copy of the building contract;

c) a written obligation of the person (persons) for whom (who) a building permit has been issued or to whom (who) a notification has been issued, certified in accordance with the procedure established by the legislation of the Russian Federation, specified in paragraph 2 of part 7 of Article 51.1 Urban Planning Code of the Russian Federation, within 6 months after the commissioning of an individual housing construction facility or after receiving a notification of the compliance of the constructed individual housing construction facility with the requirements of the legislation on urban planning activities specified in paragraph 5 of part 19 of Article 55 of the Town Planning Code of the Russian Federation, issue a residential building built using the funds (part of the funds) of the maternity (family) capital, into the common property of the person who received the certificate, his spouse, children (including the first, second, third child and subsequent children) with the determination of the size of the shares by agreement;

d) a copy of the document confirming the right of ownership of the person who received the certificate, or the spouse of the person who received the certificate, to the land plot on which the construction of an individual housing construction facility is being carried out, or the right to permanent (unlimited) use of such a land plot, or the right to life-long inheritable possession of such a land plot, or the right to lease such a land plot, or the right to use a land plot free of charge, which is intended for housing construction and on which the construction of an individual housing construction object is carried out.

Information about changes:

By Decree of the Government of the Russian Federation of November 27, 2010 N 937, the Rules were supplemented by clause 10.1

10.1. Funds (part of the funds) of maternity (family) capital are directed to the construction or reconstruction of an individual housing construction facility carried out by citizens without the involvement of a construction organization in the following order:

a) initially in an amount not exceeding 50 percent of the amount of maternity (family) capital, due to the person who received the certificate, as of the date of submission of the application;

10.2. To direct part of the funds of maternity (family) capital to improve housing conditions in accordance with subparagraph "a" of paragraph 10.1 of paragraph 6

a copy of the building permit or notice specified in paragraph 2 of part 7 of article 51.1 of the Town Planning Code of the Russian Federation, issued to the person who received the certificate, or to the spouse of the person who received the certificate;

an extract from the Unified State Register of Real Estate containing information on the rights of the person who received the certificate, or the spouse of the person who received the certificate, to an individual housing construction object - if funds (part of the funds) of maternity (family) capital are directed to its reconstruction;

a written obligation of the person (persons) for whom (who) a building permit has been issued or to whom (who) a notification has been issued, specified in paragraph 2 of part 7 of article 51.1 of the Town Planning Code of the Russian Federation, within 6 months from the date of receipt of the cadastral passport or from the date of receipt notification of the compliance of the constructed or reconstructed individual housing construction with the requirements of the legislation on urban planning activities specified in paragraph 5 of part 19 of Article 55 of the Town Planning Code of the Russian Federation, to issue a residential building built (reconstructed) using funds (part of the funds) of maternity (family) capital, in the common ownership of the person who received the certificate, his spouse, children (including the first, second, third child and subsequent children) with the determination of the size of the shares by agreement.

Information about changes:

By Decree of the Government of the Russian Federation of November 27, 2010 N 937, the Rules were supplemented by clause 10.3

10.3. To direct part of the maternity (family) capital funds to improve housing conditions in accordance with subparagraph "b" of paragraph 10.1 of these Rules, the person who received the certificate, along with the documents specified in paragraph 6 of these Rules, shall submit:

b) a document confirming that the person who received the certificate has a bank account, indicating the details of this account.

10.4. In the case of directing funds (part of the funds) of maternity (family) capital to compensate for the costs incurred for the construction of an individual housing construction object, the ownership of which arose not earlier than January 1, 2007, or for the reconstruction of an individual housing construction object carried out after January 1 2007, regardless of the date of occurrence of the right of ownership to an individual housing construction facility that has undergone reconstruction, carried out by the person who received the certificate, or the spouse of the person who received the certificate, subject to the requirements provided for in paragraph 10.1 of these Rules, the person who received the certificate, along with the documents , specified in paragraph 6 of these Rules, represents certified in the prescribed manner:

a copy of the document confirming the right of ownership of the person who received the certificate, or the spouse of the person who received the certificate, to the land plot on which the construction of an individual housing construction facility is being carried out, or the right to permanent (unlimited) use of such a land plot, or the right to life-long inheritable possession of such a land plot , or the right to lease such a land plot, or the right to use the land plot free of charge, which is intended for housing construction and on which the construction of an individual housing construction object is carried out;

an extract from the Unified State Real Estate Register containing information on the rights to an individual housing construction object that arose not earlier than January 1, 2007, or an extract from the Unified State Real Estate Register containing information on the rights to an individual housing construction object reconstructed after January 1, 2007 , - regardless of the date of occurrence of the right of ownership to the object of individual housing construction, which has undergone reconstruction;

The person who received the certificate also submits a document confirming that he has a bank account, indicating the details of this account.

c) a copy of the charter of the cooperative;

a) a copy of the loan agreement (loan agreement) for the purchase or construction of housing;

b) a copy of the mortgage agreement that has passed the state registration in accordance with the established procedure - if the loan agreement (loan agreement) provides for its conclusion;

after the commissioning of an individual housing construction object (in the absence of an encumbrance) - in the case of individual housing construction;

b) a certificate from the creditor (lender) on the size of the balance of the principal debt and the balance of the debt on payment of interest for the use of the credit (loan). If the right (claim) belonging on the basis of an obligation to the creditor is transferred by him to another person (assignment of the right to claim, transfer of rights to a mortgage) in the procedure for transferring rights under loan agreements secured by a mortgage, established by the Federal Law "On Mortgage (Pledge of Real Estate) ", or transferred to another person on the basis of the law, the certificate shall contain information about the name and location of the creditor to whom the rights under the loan agreement (loan agreement) belong on the date of the certificate. If a certificate is submitted on behalf of the creditor by a third party acting on the basis of a power of attorney, a copy of the creditor's power of attorney is submitted to the third party;

c) a copy of the mortgage agreement that has passed the state registration in accordance with the established procedure - if the loan agreement (loan agreement) provides for its conclusion;

d) an extract from the Unified State Register of Real Estate containing information on the rights to a dwelling acquired or built using credit (borrowed) funds - in the case of the acquisition of a dwelling, as well as in the case of commissioning of a housing construction facility;

after the removal of the encumbrance from the dwelling - in the case of the acquisition or construction of a dwelling using a mortgage loan (loan);

after the commissioning of a housing construction object (in the absence of an encumbrance) - in the case of individual housing construction or participation in shared construction;

Information about changes:

By Decree of the Government of the Russian Federation of April 30, 2014 N 401, paragraph 13 was supplemented with subparagraph "h"

h) a document confirming the receipt of funds under a loan agreement concluded in accordance with the requirements established by clause 3.1 of these Rules, by transferring them by bank transfer to an account opened by the person who received the certificate, or his spouse (wife) in a credit institution.

, paragraphs two and three of paragraph 10.4 and subparagraph "d" of paragraph 13 of these Rules, the Pension Fund of the Russian Federation and its territorial bodies request these documents (the information contained in them) from the bodies providing state and municipal services, from other state bodies or local authorities self-governments and organizations subordinate to them that participate in the provision of state or municipal services and at whose disposal such documents (the information contained in them) must be in accordance with the regulatory legal acts of the Russian Federation, the regulatory legal acts of the constituent entities of the Russian Federation and municipal legal acts.

16. Funds (part of funds) of maternity (family) capital are transferred by the Pension Fund of the Russian Federation (territorial body of the Pension Fund of the Russian Federation) in a non-cash manner to the bank account of the organization specified in the relevant agreement, which carries out the alienation (construction) of the acquired (under construction) residential premises, or an individual expropriating the acquired residential premises, or to an escrow account in accordance with the terms of the agreement on participation in shared construction and an escrow account agreement, or to the bank account of the cooperative, or to the bank account of the organization that provided the person who received the certificate, or the spouse of the person who received certificate, credit (loan), including mortgage, on account of payment of the down payment upon receipt of a credit (loan), including mortgage, and (or) repayment of the principal debt and payment of interest on such a credit (loan), or to a bank account the person who received the certificate, if sent funds (part of the funds) of the maternity (family) capital for the construction (reconstruction) of an individual housing construction object, carried out by citizens without the involvement of an organization that carries out the construction (reconstruction) of an individual housing construction object, or in the case of the allocation of funds (part of the funds) of the maternal (family) capital to compensate for the costs incurred for the construction (reconstruction) of an individual housing construction facility.

17. In accordance with Part 1 of Article 8 of the Federal Law "On Additional Measures of State Support for Families with Children", a decision to satisfy or refuse to satisfy an application is made by the territorial body of the Pension Fund of the Russian Federation within a month from the date of receipt of the application.

If the application is satisfied, the transfer of funds (part of the funds) of the maternity (family) capital is carried out by the Pension Fund of the Russian Federation (territorial body of the Pension Fund of the Russian Federation) within 10 working days from the date of the decision to satisfy the application.

19. If the amount of funds (part of the funds) of the maternity (family) capital specified in the application and transferred to the account of the creditor organization (lender), respectively, exceeds the amount of the down payment when obtaining a loan (loan), including a mortgage loan, for the purchase or the construction of housing or the amount of the balance of the principal debt and interest for the use of credit (loan) at the time of receipt of funds to the account of the organization, the difference between the indicated amounts within 5 banking days from the date of receipt of funds to the account of the organization is subject to return to the Pension Fund of the Russian Federation (territorial authority Pension Fund of the Russian Federation) to the account from which the funds were transferred.

a) on the deprivation of parental rights in relation to the child, in connection with the birth of which the right to additional measures of state support arose;

b) about committing an intentional crime related to crimes against a person in relation to his child (children);

c) on the cancellation of the adoption of a child, in connection with the adoption of which the right to additional measures of state support has arisen;

d) on the restriction of parental rights in relation to the child, in connection with the birth of which the right to additional measures of state support has arisen;

e) on the removal of a child, in connection with the birth of which the right to additional measures of state support has arisen.

In accordance with Article 10 of the Federal Law "On Additional Measures of State Support for Families with Children", the Government of the Russian Federation decides:

1. Approve the attached Rules for the allocation of funds (part of funds) of maternity (family) capital to improve housing conditions.

2. Establish that the Ministry of Regional Development of the Russian Federation gives clarifications on the procedure for applying the Rules approved by this resolution in agreement with the Ministry of Health and Social Development of the Russian Federation and the Ministry of Finance of the Russian Federation.

Chairman of the Government of the Russian Federation
V. Zubkov

Rules for channeling funds (part of funds) of maternity (family) capital to improve housing conditions

2. Persons who have received a state certificate for maternity (family) capital (hereinafter referred to as the certificate) have the right to use the funds (part of the funds) of maternity (family) capital for the acquisition (construction) of residential premises carried out by citizens through any transactions and participation that do not contradict the law in liabilities (including participation in housing, housing construction and housing savings cooperatives), by non-cash transfer of the said funds to a legal entity (individual entrepreneur) expropriating (constructing) a residential property to be acquired (under construction), or to an individual alienating a residential property to be acquired , or an organization, including a credit organization, that provided funds under a loan agreement (loan agreement) for the specified purposes, or an individual (individual entrepreneur) that provided funds under a loan agreement for the purchase (construction) of housing.

3. If a person who has received a certificate is granted a credit (loan), including a mortgage loan, for the acquisition (construction) of housing, the funds (part of the funds) of maternity (family) capital may be directed to:

a) payment of a down payment upon receipt of a loan or loan, including mortgage, for the purchase or construction of housing;

b) repayment of the principal debt and payment of interest on credits or loans, including mortgages, for the purchase or construction of housing (except for fines, commissions, penalties for late performance of obligations on these credits or loans), including credits or loans, the obligation for which the person who received the certificate arose before the right to receive maternity (family) capital funds arose.

4. Persons who have received a certificate have the right to personally or through a representative apply to the territorial body of the Pension Fund of the Russian Federation at the place of residence with an application for the disposal of funds (part of the funds) of maternity (family) capital (hereinafter referred to as the application).

6. The application is submitted in writing with the following documents:

a) the original and a copy of the certificate (its duplicate in case of loss or damage to the certificate);

b) the main document proving the identity of the person who received the certificate and his registration at the place of residence or at the place of stay;

c) documents confirming the identity of the representative, as well as his authority (notarized power of attorney).

7. If, in accordance with paragraphs 8-13 of these Rules, copies of documents are attached to the application and the accuracy of these copies is not certified in the manner prescribed by law, their originals are simultaneously submitted.

a) a copy of the contract for the sale of residential premises that has passed state registration in the prescribed manner;

b) a copy of the certificate of ownership of an individual ( legal entity) realizing the alienation of residential premises, for residential premises acquired by the person who received the certificate;

c) an extract from the Unified State Register of Rights to real estate and transactions with it on the absence of encumbrance of the residential premises acquired by the person who received the certificate.

9. In the event that funds (part of the funds) of the maternity (family) capital are sent to pay the price of the agreement on participation in shared construction, the person who received the certificate, along with the documents specified in paragraph 6 of these Rules, submits a copy of the agreement on participation in shared construction that has passed the state registration in the prescribed manner.

10. In the case of directing funds (part of the funds) of maternity (family) capital to pay for the construction of an individual residential building, the person who received the certificate, along with the documents specified in paragraph 6 of these Rules, submits documents confirming the creation of an object of individual housing construction (a copy of the construction contract contract or other documents confirming the costs of creating an object of individual housing construction).

11. Funds (part of the funds) of maternity (family) capital can be sent by a person who has received a certificate, who is a member of a housing, housing construction, housing savings cooperative (hereinafter referred to as the cooperative), as a payment towards the entry fee and (or) share contribution. A person who has received a certificate and is a member of a cooperative, along with the documents specified in paragraph 6 of these Rules, submits:

a) an extract from the register of members of the cooperative, confirming the membership in the cooperative of the person who received the certificate (a document confirming the submission by a citizen of an application for admission to membership in a housing savings cooperative, or a decision on admission to membership in a housing, housing and construction cooperative);

c) a copy of the charter of the cooperative;

d) a copy of the certificate of ownership of the cooperative to the residential premises, which will be transferred to the person who received the certificate after making a share contribution in full.

12. In the case of directing funds (part of the funds) of maternity (family) capital to pay the down payment when obtaining a loan or loan, including mortgage, for the purchase or construction of housing, the person who received the certificate, simultaneously with the documents specified in paragraphs 6 and 8 -10 of these Rules, represents:

b) a copy of the mortgage agreement that has passed state registration in the prescribed manner (if a mortgage loan (mortgage loan) has been granted and the loan agreement (loan agreement) does not contain an obligation secured by a mortgage).

13. In the case of directing funds (part of the funds) of maternity (family) capital to repay the principal debt and pay interest on loans or loans, including mortgages, for the purchase or construction of housing (with the exception of fines, commissions, penalties for late fulfillment of obligations under specified credits or loans) the person who received the certificate, along with the documents specified in paragraph 6 of these Rules, submits:

a) a copy of the loan agreement (loan agreement);

b) a certificate from the creditor (lender) on the size of the balance of the principal debt and the balance of the debt on the payment of interest for the use of credit or loan;

c) a copy of the mortgage agreement that has passed the state registration in accordance with the established procedure (if a mortgage loan (mortgage loan) has been granted and the loan agreement (loan agreement) does not contain an obligation secured by a mortgage);

d) a certificate of state registration of ownership of a dwelling acquired using credit (borrowed) funds.

14. The amount of funds (part of the funds) of maternity (family) capital directed to repay the principal debt and pay interest for the use of a loan or loan, including mortgage, for the purchase or construction of housing, or as a payment towards the payment of a share contribution, cannot exceed, respectively, the amount of the balance of the principal debt and the debt on payment of interest for the use of the specified credit (loan) or the amount of the remaining unpaid amount of the share contribution necessary for acquiring the right of ownership to the dwelling.

15. Residential premises purchased (under construction) with the use of funds (part of the funds) of maternity (family) capital must be located on the territory of the Russian Federation.

16. Funds (part of the funds) of maternity (family) capital are transferred by the Pension Fund of the Russian Federation (a territorial body of the Pension Fund of the Russian Federation) by bank transfer to the bank account of an individual (legal entity, individual entrepreneur) carrying out the alienation (construction) of residential premises, either to the bank account of the cooperative, or to the bank account of the organization (individual entrepreneur) that provided the person who received the certificate with a credit (loan), including a mortgage, or to the bank account of an individual who provided loans, including mortgages.

17. If the application is satisfied, the Pension Fund of the Russian Federation (a territorial body of the Pension Fund of the Russian Federation) transfers the funds (part of the funds) of the maternity (family) capital as payment for the acquired (under construction) residential premises within 15 calendar days from the date the funds are credited to the account of the Pension Fund Fund of the Russian Federation, but not earlier than the first banking day of the second half of the year current year if the application was submitted no later than May 1 of the current year, or the first banking day of the first half of the year following the year in which the application was submitted, if the application was submitted no later than October 1 of the current year.

It does not work Edition from 13.01.2009

Document name	Decree of the Government of the Russian Federation of December 12, 2007 N 862 (as amended on January 13, 2009) "ON THE RULES OF DISPENSING FUNDS (PART OF THE FUNDS) OF MATERNITY (FAMILY) CAPITAL FOR IMPROVING HOUSING CONDITIONS"
Type of document	decree, rules
Host body	Russian government
Document Number	862
Acceptance date	27.12.2007
Revision date	13.01.2009
Date of registration in the Ministry of Justice	01.01.1970
Status	It does not work
Publication	This document has not been published in this form. Document in electronic form FAPSI, STC "System" (As amended on December 12, 2007 - "Collection of Legislation of the Russian Federation", December 17, 2007, N 51, Art. 6374 "Russian newspaper", N 284, 12/19/2007 "Financial newspaper", N 03, 2008)
Navigator	Notes

Decree of the Government of the Russian Federation of December 12, 2007 N 862 (as amended on January 13, 2009) "ON THE RULES OF DISPENSING FUNDS (PART OF THE FUNDS) OF MATERNITY (FAMILY) CAPITAL FOR IMPROVING HOUSING CONDITIONS"

2. Persons who have received a state certificate for maternity (family) capital (hereinafter referred to as the certificate) have the right to use the funds (part of the funds) of maternity (family) capital for the acquisition (construction) of residential premises carried out by citizens through any transactions and participation that do not contradict the law in liabilities (including participation in housing, housing construction and housing savings cooperatives), by non-cash transfer of these funds to a legal entity (individual entrepreneur) expropriating (construction) of the residential premises to be acquired (under construction), or to an individual alienating the residential premises to be acquired , or an organization, including a credit one, that has provided funds under a loan agreement (loan agreement) for the specified purposes.

dated 13.01.2009 N 20)

3. In the event that a person who has received a certificate, or a person who is in a registered marriage with a person who has received a certificate (hereinafter referred to as the spouse of the person who has received a certificate), is provided with a credit (loan), including a mortgage, for the acquisition (construction) of housing funds ( part of the funds) of maternity (family) capital can be directed to:

(as amended by Decree of the Government of the Russian Federation of 13.01.2009 N 20)

a) payment of a down payment upon receipt of a loan or loan, including mortgage, for the purchase or construction of housing;

Allocation of funds (part of funds) of maternity (family) capital for the purposes specified in this paragraph, if the party to the loan agreement (loan agreement), including mortgage, for the purchase (construction) of housing is the spouse of the person who received the certificate, is carried out only if there is a written application of the person who received the certificate.

(as amended by Decree of the Government of the Russian Federation of 13.01.2009 N 20)

6. The application is submitted in writing with the following documents:

a) the original certificate (its duplicate in case of loss or damage to the certificate);

(as amended by Decree of the Government of the Russian Federation of 13.01.2009 N 20)

b) the main document proving the identity of the person who received the certificate and his registration at the place of residence or at the place of stay;

c) documents confirming the identity of the representative, as well as his authority (notarized power of attorney).

7. If, in accordance with paragraphs 8 - 13 of these Rules, copies of documents are attached to the application and the accuracy of these copies is not certified in accordance with the procedure established by law, their originals are simultaneously submitted.

a) a copy of the contract for the sale of residential premises that has passed state registration in the prescribed manner;

b) a copy of the certificate of ownership of the individual (legal entity) expropriating the residential premises for the residential premises acquired by the person who received the certificate;

c) an extract from the Unified State Register of Rights to Real Estate and Transactions Concerning the Absence of Encumbrances on the Residential Premises Acquired by the Person Having Received the Certificate.

10. In the case of directing funds (part of the funds) of maternity (family) capital to pay for the construction of an individual residential building, the person who received the certificate, along with the documents specified in paragraph 6 of these Rules, submits documents confirming the creation of an object of individual housing construction (a copy of the permit for construction, a copy of the building contract).

(as amended by Decree of the Government of the Russian Federation of 13.01.2009 N 20)

c) a copy of the charter of the cooperative;

e) a copy of the main identity document of the spouse of the person who received the certificate, and its registration at the place of residence or at the place of stay, if the spouse of the person who received the certificate is a member of the cooperative;

(as amended by Decree of the Government of the Russian Federation of 13.01.2009 N 20)

f) a copy of the marriage certificate, if the member of the cooperative is the spouse of the person who received the certificate.

(as amended by Decree of the Government of the Russian Federation of 13.01.2009 N 20)

a) a copy of the loan agreement (loan agreement) for the acquisition (construction) of housing;

(as amended by Decree of the Government of the Russian Federation of 13.01.2009 N 20)

c) a copy of the main identity document of the spouse of the person who received the certificate, and its registration at the place of residence or at the place of stay, if the party to the loan agreement (loan agreement), including mortgage, for the purchase (construction) of housing is the spouse of the person who received certificate;

(as amended by Decree of the Government of the Russian Federation of 13.01.2009 N 20)

D) a copy of the marriage certificate, if the party to the loan agreement (loan agreement), including mortgage, for the purchase (construction) of housing is the spouse of the person who received the certificate.

(as amended by Decree of the Government of the Russian Federation of 13.01.2009 N 20)

a) a copy of the loan agreement (loan agreement);

b) a certificate from the creditor (lender) on the size of the balance of the principal debt and the balance of the debt on the payment of interest for the use of credit or loan;

d) a certificate of state registration of ownership of a dwelling acquired using credit (borrowed) funds;

e) a written obligation of the person (persons) in whose ownership the residential premises purchased using funds (part of the funds) of maternity (family) capital, certified in accordance with the procedure established by law, to register the specified residential premises in the common ownership of parents, children (including the first , second, third child and subsequent children) and other family members living with them with the determination of the size of the shares by agreement within 6 months:

in the case of the acquisition (construction) of a dwelling using a mortgage credit (loan) - after the removal of the encumbrance from the dwelling;

in the case of individual housing construction - after the commissioning of the individual housing construction object (in the absence of an encumbrance);

In other cases - after the transfer by the Pension Fund of the Russian Federation of maternity (family) capital (in the absence of an encumbrance and when a housing construction facility is put into operation);

(as amended by Decree of the Government of the Russian Federation of 13.01.2009 N 20)

f) copies of the main document proving the identity of all family members living in a residential building acquired using a credit (loan), including a mortgage;

(as amended by Decree of the Government of the Russian Federation of 13.01.2009 N 20)

g) a copy of the marriage certificate, if the party to the loan agreement (loan agreement), including mortgage, for the purchase (construction) of housing is the spouse of the person who received the certificate;

(as amended by Decree of the Government of the Russian Federation of 13.01.2009 N 20)

h) an extract from the house book and a copy of the financial personal account.

(as amended by Decree of the Government of the Russian Federation of 13.01.2009 N 20)

15. Residential premises purchased (under construction) with the use of funds (part of the funds) of maternity (family) capital must be located on the territory of the Russian Federation.

16. Funds (part of funds) of maternity (family) capital are transferred by the Pension Fund of the Russian Federation (territorial body of the Pension Fund of the Russian Federation) in a cashless manner to the bank account of an individual (legal entity, individual entrepreneur) specified in the relevant agreement, carrying out alienation (construction) residential premises, or to the bank account of the cooperative, or to the bank account of the organization that provided the person who received the certificate, or the spouse of the person who received the certificate, a credit (loan), including a mortgage.

(as amended by Decree of the Government of the Russian Federation of 13.01.2009 N 20)

17. If the application is satisfied, the Pension Fund of the Russian Federation (a territorial body of the Pension Fund of the Russian Federation) transfers the funds (part of the funds) of the maternity (family) capital as payment for the acquired (under construction) residential premises within 15 calendar days from the date the funds are credited to the account of the Pension Fund Fund of the Russian Federation, but not earlier than the first banking day of the second half of the current year if the application was submitted no later than May 1 of the current year, or the first banking day of the first half of the year following the year of application, if the application was submitted no later than October 1 of the current year, with the exception of the case provided for in paragraph 18 of these Rules.

(as amended by Decree of the Government of the Russian Federation of 13.01.2009 N 20)

18. If the application is satisfied regarding the allocation of funds (part of the funds) of the maternity (family) capital to repay the principal debt and pay interest on loans or loans for the acquisition (construction) of residential premises, including mortgage loans provided to citizens under a loan agreement (loan agreement) concluded with an organization, including a credit institution, until December 31, 2010 inclusive, the Pension Fund of the Russian Federation (a territorial body of the Pension Fund of the Russian Federation) transfers funds for the specified purposes no later than 2 months from the date these authorities take a decision on the application.

(as amended by Decree of the Government of the Russian Federation of 13.01.2009 N 20)

The website "Zakonbase" presents the DECISION of the Government of the Russian Federation of December 12, 2007 N 862 (as amended on January 13, 2009) "ON THE RULES OF DISPENSING FUNDS (PART OF THE FUNDS) OF MATERNITY (FAMILY) CAPITAL TO IMPROVE HOUSING CONDITIONS" in the most recent edition. It is easy to comply with all legal requirements if you familiarize yourself with the relevant sections, chapters and articles of this document for 2014. To search for the necessary legislative acts on a topic of interest, you should use the convenient navigation or advanced search.

On the website "Zakonbase" you will find the DECISION of the Government of the Russian Federation of December 12, 2007 N 862 (as amended on January 13, 2009) "ON THE RULES FOR DISPENSING FUNDS (PART OF FUNDS) OF MATERNITY (FAMILY) CAPITAL FOR IMPROVEMENT OF HOUSING CONDITIONS" in a fresh and full version, in to which all changes and amendments have been made. This guarantees the relevance and reliability of the information.

At the same time, you can download the DECISION of the Government of the Russian Federation of December 12, 2007 N 862 (as amended on January 13, 2009) "ON THE RULES FOR DISPENSING FUNDS (PART OF THE FUNDS) OF MATERNITY (FAMILY) CAPITAL TO IMPROVE HOUSING CONDITIONS" completely free of charge, both in full and in separate chapters .

Rules for allocating funds (part of funds) of maternity (family) capital to improve housing conditions (approved by Decree of the Government of the Russian Federation of December 12, 2007 N 862)

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