Buy a room with maternity capital

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1. Room, Leskova street
2. Moscow, NEAD, Bibirevo district

3. Altufyevo metro station
   20 m

20,000  We take a replacement couple of decent people or maybe 2 girls of decent people (ichmedigon toza tinch yashedigon oilaliga beramiz)

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Room, Lipovy Park street, 8k2

Moscow, Kommunarka village

260,000  Selling a storage room in the basement of a residential building. Dry, heated storage room with an area of ​​3.2 m2. Not far from the entrance to the basement. High ceilings, plastered basement walls, full height free passage. Comfortable conditions. Operating costs 110 rub. per month. There is access by car. Direct sale from the owner. I will answer all questions by phone

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• Room, Ilyinka street, 3/8с1
• Moscow, Central Administrative District, Tverskoy district

• metro station Ploshchad Revolyutsii
  220 m

450,000  A good option for registration. Selling an apartment in a communal apartment, a former hostel, in Vladimirskaya. region Melenki on Kirov Street. d 43 a one room, third floor, next to a garden, a school after renovation. A good option for registration.

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1. Room, Fabricius street, 27k1
2. Moscow, North-Western Administrative District, Yuzhnoye Tushino district

3. metro station Skhodnenskaya
   940 m

180,000  1/128th share for sale.

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Room, street named after V.I. Lenin

Moscow, Troitsk

300,000  Urgently selling two combined rooms in a dorm on the second floor. Euro windows, iron door. There is water in the kitchen. Block, toilet and shower for 2 owners. Documents are in order. Possibly for financial capital. Real buyer reasonable bargaining on the spot. Located at: Zavodskaya 9 (Burumbaika)

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Room, Kirova street, 36

Moscow, Troitsk

130,000  Selling a room in a hostel at the railway station. I am one owner (documents are in order). The room is very warm. It has an electric meter installed, and there is an underground floor under the room (potatoes and pickles are good for storing). The block of six rooms has a shared kitchen, toilet, washbasin, and the room also has a new euro window and a wooden door. Possible exchange for car...

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Room

Moscow, Troitsk

350,000  Selling a dorm room on the ground floor, the room has its own bathroom for the summer, an electric water heater, there is a bus stop, a school, a kindergarten, a store, and a swimming pool nearby.

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Room, Energetikov Street, 1A

Moscow, Troitsk

200,000  former hostel, greenery, 1 adult owner, documents ready for sale, good condition, partially furnished

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• Room, Solntsevsky Prospekt
• Moscow, ZAO, Solntsevo district

• Govorovo metro station
  1330 m

120,000  GREAT OFFER!!! SELLING A SHARE - 1/100 in an apartment - UNDER REGISTRATION!************************************* *******************************Getting registration in Moscow is not so easy - the presence of many factors makes this task quite difficult: - Cost housing in Moscow is the highest in Russia; - Strengthened migration control and requirements for registration...

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Room, street named after V.I. Lenin

Moscow, Troitsk

260,000  Two rooms. Price 260,000 rubles for two rooms. It is possible that under the capital capital there is an exchange for a car with brilliant green.

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1. Room, Solntsevsky Prospekt
2. Moscow, ZAO, Solntsevo district

3. Govorovo metro station
   1320 m

90,000  FOR SALE! SHARE 1/100 in the apartment - UNDER REGISTRATION! NOTARY DEAL! ===== ADVANTAGES of Moscow registration: 1. the possibility of placing a child in prestigious schools or kindergartens; 2. the opportunity to receive government or medical assistance, including support in difficult situations. 3.opportunity for good employment in various banks…

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• Room, Voskresenskie Vorota passage
• Moscow, Central Administrative District, Tverskoy district

• Okhotny Ryad metro station
  170 m

330,000  Repair required bargaining

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Room, Gagarina street, 16A

Moscow, Troitsk

280,000  Selling or renting out a dorm room for a long time. The room is separated by a partition, bright, clean! The corridor is closed, its own kitchen for several owners! Strangers don’t come in, the floor is quiet, the toilet is nearby, there’s water too, it’s possible to bring it into the room! Negotiable. Questions by phone.

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Room, street named after T.D. Deribasa, 8

Moscow, Troitsk

250,000  1/2 apartment with a balcony is for sale, the kitchen and toilet are shared. large room 20 square meters. all details by phone. Bargaining is appropriate. I will consider exchange options for a house in the pottery area.

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Room, Sovetskaya street, 125

Moscow, Troitsk

250,000  I will sell a room in a dorm, a Euro window, water in the room, maternity capital is possible, bargaining is appropriate.

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Room, Sovetskaya street, 125

Moscow, Troitsk

350,000  Euro window, loggia 6 meters

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Room, Gagarina street, 16B

Moscow, Troitsk

390,000  Urgently selling a dorm room, 17.8 sq.m., st. Gagarina, 16 "b". The room is warm. One owner, more than 3 years (MATERNAL CAPITAL - I will return the difference, MORTGAGE) Block for 4 rooms, toilet and shower. The block is calm, the neighbors are excellent.

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Room, Stroiteley Avenue, 22

Moscow, Troitsk

140,000  Selling a dorm room, iron door, cold and hot water!

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Room, Academic Square

Moscow, Troitsk

99,000  Read CAREFULLY! A SHARE in a HOUSE is for sale (after NG 2020 it will be prohibited to sell shares in apartments. In a private house it IS POSSIBLE) 1/100 of the total area. No accommodation. MOSCOW REGISTRATION and according to passport and property rights. 100% guarantee of legality and purity of the transaction. No swearing. Do not offer capital, children’s certificates and other crap. The price is indicated...

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Room, Stroiteley Avenue

Moscow, Troitsk

350,000  Privatized! No debt! Any types of calculations! Or I’ll exchange it for an apartment with debts!!!

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1. Room, Shmitovsky proezd
2. Moscow, Central Administrative District, Presnensky district

3. Vystavochnaya metro station
   770 m

450,000  According to the documents, the room passes as a SHARE; it will not be possible to live there, since a family with infants lives there, but it is fully suitable for permanent REGISTRATION for life. Notarized registration.

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Room, Gagarina street, 16A

Moscow, Troitsk

250,000  FOR SALE inexpensively - a room (17 sq.m.) in the city center. The windows face the courtyard, there is a small playground and parking nearby. A good repair has been made. The room is cozy and warm. You can run water. All infrastructure is nearby. Possibly for materiel capital. BARGAIN. or EXCHANGE for a car.

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Room, Malyshev Brothers Street, 45

Moscow, Troitsk

350,000  Selling a dorm room, warm, cosmetic renovation, water in the room, good location, bright. Near schools, kindergartens, shops, parking lots. We'll leave some furniture

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Room, Gagarina street, 16A

Moscow, Troitsk

349,000  Selling a dorm room. New euro windows, corridor-type dormitory, it is possible to supply water to the room. An electricity meter has been installed. All questions by phone. BARGAIN!!! Call us, let's make an agreement!

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Room, Gagarina street, 16A

Moscow, Troitsk

450,000  Urgently selling a hostel, inexpensive, 2 rooms, water, renovation, good bargaining

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Room, 2nd microdistrict, 20

Moscow, Troitsk

360,000  Selling a room in a 2-room apartment. New renovation. The documents have been completed. Bargaining is appropriate. Possible exchange for a car.

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Room, Gagarina street, 16

Moscow, Troitsk

380,000  dorm room for sale...Gagarin 16. Renovations have been made, there is an iron door, a Euro window. The room is warm. The neighbors are quiet...family-friendly. There is a shower for several families. There is running water in the room. There is also a connection for a washing machine. I can leave everything I have in the room, namely a new wall, a corner sofa, a plasma TV, a new refrigerator, a washing machine. This…

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Room, Tchaikovsky street

Moscow, Troitsk

250,000  I will sell or rent a room in a hostel in the village of GRES, at the address: st. Tchaikovskogo 14, 3rd floor, 18 sq.m. The room has a Euro window, an iron door, a replacement battery, cable TV and Internet, and possibly water. The neighbors are decent, family people. Possibly for maternal capital! Price 250 thousand rubles, BARGAIN is appropriate!!! Owner.

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Room, Energetikov Street

Moscow, Troitsk

210,000  Selling a room in the village of Gres on Energetikov Street 1 a. Owner, trade. The area of ​​the room is 19.5 square meters. Exchange for a car.

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Room, Gagarina street, 16B

Moscow, Troitsk

250,000  Selling a dorm room, 13 square meters. Warm, cozy, with Euro-window, with furniture (wardrobe, sofa, chest of drawers, coffee table and folding kitchen table) and partial appliances (2-burner stove, TV). One owner. For all questions, call any day before 22.00. Price 250 thousand rubles, small bargaining possible.

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Source: https://onrealt.ru/moskva/kypit-komnatu-do-500000

Buying a room with maternity capital in 2020

Since 2007, the Russian Federation has had a federal program that stimulates an increase in the birth rate. According to the law, state funds are allocated to the family after the birth of the second and subsequent children.

In 2019, the amount of maternity capital is 453,026 rubles. From 2020 - 466,617 rubles. They can be used, among other things, to improve living conditions.

In this regard, citizens are concerned about whether it is possible to buy a room with maternity capital.

Is it possible to buy part of a residential property for capital?

The allocation of funds for this program is carried out by the Pension Fund of Russia (PFR). The specialists of this government agency are guided by laws in their activities; they cannot circumvent their provisions (this will lead to punishment). In this regard, the following circumstances are significant:

1. The definition of residential premises is contained in the Housing Code (LC).
2. State funds under the Maternity Capital program are allocated on the basis of Federal Law No. 256-FZ dated December 29, 2006.
3. The document allows spending family capital, including on the purchase of residential premises.

Attention! Signs that the premises are residential are:

• isolation;
• provision of water and electricity;
• possibility of all-weather use for permanent residence;
• compliance with building construction standards.

What is meant by the word "room"

The above law allows investing budget money only in the acquisition of separate residential premises. LCD refers to these:

• house;
• apartment;
• their individual parts;
• room.

Thus, it is permissible to send a certificate to improve living conditions in the following cases:

1. When an isolated part of the premises (one or more rooms) is purchased.
2. When, after the conclusion of the transaction, the entire apartment will be in the possession of the family receiving the certificate.

Attention! In the legislation, a room is a room isolated from other parts of the house (apartment) intended for permanent residence of people (a kitchen or pantry is not one of these). Download for viewing and printing:

Federal Law of December 29, 2006 No. 256-FZ “On additional measures of state support for families with children”

Is it allowed to purchase a room with a certificate?

In a residential complex, a room is conditionally classified as living quarters. That is, you need to prove that it is exactly like that. The main criteria of the legislation are expressed as follows:

1. The space must be isolated from other rooms and not be part of common areas (corridor, kitchen, etc.):
   • it is prohibited to invest public funds in the acquisition of a “corner” or part of the premises;
   • a purchase and sale agreement is recognized for an entire separate premises, without taking into account its total area.
2. When it comes to buying out a share, they will be allowed to use the certificate if, as a result of the transaction, the entire apartment (house) becomes the property of the family.

Important! Each specific case is individual. It is necessary to enlist the support of a lawyer experienced in housing law matters. Download for viewing and printing:

Housing Code of the Russian Federation

Difference between ownership share and room

When determining issues of ownership of real estate, consolidation proceeds in different ways:

1. In some cases, ideal shares are created - ownership is carried out jointly over the entire area.
2. In others, everyone is assigned a certain territory. That is, property is divided in kind.

The owner of the share cannot say exactly which rooms or other premises he owns. He has the right to a certain part that is not highlighted on the apartment plan.

Attention! Even in the case of judicial division of shares in a residential premises into rooms or other parts, such areas cannot be acquired. The procedure established by the court for the use of space loses force when the owner changes; it is established personally.

How is the allocation of ownership shares made?

The procedure for dividing an apartment between owners is determined by Resolution of the Plenum of the Supreme Court of the Russian Federation No. 8 (clause 12) of 08/24/1993. This is a rather complicated procedure. The requirements for the section are:

Owners (no matter how many there are) must receive:

• isolated rooms;
• common areas (kitchen, corridor);
• separate entrance to the living space;
• separate personal accounts for payment of services.

Attention! In fact, the apartment should be divided into two, registering both with the Rosreestr authorities as hotel properties.

Is it allowed to purchase a room in a dormitory?

According to Article 92 of the Housing Code, premises in a dormitory are not subject to alienation, since they belong to a specialized housing stock. However, many buildings have long been transferred by municipalities to another category and received the status of residential buildings.

Thus, it is necessary to find out the status of the building. If the house is included in the housing stock, the Pension Fund of the Russian Federation can approve the transaction under the following conditions:

• the room is the property of the seller (officially registered);
• the premises have no other encumbrances.

Attention! The Pension Fund of the Russian Federation approves the purchase of rooms in dormitories transferred to private housing stock when the transaction price is fully covered by the amount of the certificate.

There are no conditions in the residential complex that provide for the construction of apartments that fall under the definition of communal. Separate living quarters are created for citizens. However, there are still many apartments in the country that meet the conditions of a communal apartment. Their signs are as follows:

• the owners of the individual rooms are not relatives;
• they own common areas on a shared basis;
• Everyone has their own basis for owning residential premises;
• Each person has their own personal account.

Thus, a room in a communal apartment falls under the definition of a separate living space given in the text of the Housing Code. Therefore, it is allowed to spend maternity capital funds on such a purchase.

Attention! Unlike an apartment in shared ownership, the owners of a communal apartment:

• own a room (or several) and a share in common areas;
• the right of shared ownership is connected (should) with the fate of the room, that is, it passes to the new owner.

How to buy a room if you already have an apartment

The law on maternal capital provides a list of purposes for which public funds are allowed to be spent. By the way, the most popular direction by 2020 is improving living conditions.

In addition, the legislative act contains a number of restrictions related to the use of the certificate. They in no way correlate with whether the recipient of the capital has any property.

The recipient has the right to dispose of state aid funds at his own discretion, within the framework of current legislative norms. When improving living conditions, you should:

• purchase a separate premises;
• register it as shared ownership of all family members.

Conclusion! The investment of the certificate in the purchase of a room is not associated with existing property.

Algorithm for purchasing a room for maternity capital

Any transaction involving a certificate goes through the Pension Fund. Therefore, it is checked for compliance with the provisions of the law. Before concluding a purchase and sale agreement, you must ensure the following:

1. The form of the upcoming transaction does not contradict the law.
2. The room is officially a separate residential facility. Registered with the Rosreestr authorities.
3. The purchased housing is located within the borders of the Russian Federation.

Attention! The above requirements are prescribed by law. You can't get around them.

Step-by-step instruction

1. You need to find a separate living space to purchase.
2. Make sure that:
   • it is designed accordingly;
   • the seller is its owner.
3. Negotiate and draw up a purchase and sale agreement, which stipulates the following conditions:
   • payment for property is made, among other things, using budget funds from maternal capital;
   • the deadline for the seller to contact the local branch of the Pension Fund of the Russian Federation with an application for disposal of money under the certificate is indicated.
4. Register the transaction with the Rosreestr authorities.
5. There you can also obtain an extract from the Unified State Register of Real Estate (USRN), confirming the right of ownership.
6. Contact the Pension Fund authorities with a corresponding application.
7. Wait for the money to be transferred to the seller's account.

Attention! A notarized obligation to divide the room into shares of ownership for all family members will be required.

Documents for applying for disposal of maternal capital

An application of the established form is submitted to the Pension Fund of Russia, in which the purpose of spending the money is mandatory. The following documents should be attached to this paper:

• original certificate (duplicate if issued);
• a photocopy of the certificate recipient's passport;
• SNILS;
• certificate of registration or dissolution of marriage;
• a copy of the purchase and sale agreement with a state registration mark (bring the original with you);
• USRN extract (original);
• notarial obligation to divide property among all family members.

Important! In certain cases, PFR specialists require additional paperwork. They are required to check whether the applicant is committing fraud.

Subtleties of decorating a room with maternity capital

1. The legislation spells out the wording “improvement of living conditions”. This means that the investment of the certificate funds should be aimed at increasing the family’s well-being. Thus, you will have to document that the additional room will really improve the living conditions of the children.

2. A transaction involving budget money is legally protected from risks. The Pension Fund specialist is obliged to make sure that the room declared for purchase has only one owner and is not encumbered with anything else. Such information is contained in the extract from the Unified State Register.
3. The agreement will also be carefully studied.

   In addition to the above nuances, it contains a clause on the delay in payment of part (or the main amount) of the money. This circumstance is due to the fact that the Pension Fund allocates funds from the budget within 60 days.

Attention! Transactions involving the purchase of a room from relatives living with the applicant in the same apartment are especially carefully studied.

If such an agreement does not lead to a change in living conditions (relatives do not move out), then the Pension Fund may not allocate funds. Such a transaction is considered an attempt to cash out government money. And this is a violation of the law.

• Dear readers!
• We describe typical ways to resolve legal issues, but each case is unique and requires individual legal assistance.
• To quickly resolve your problem, we recommend contacting qualified lawyers on our website.

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Video about how to purchase housing using maternity capital.

April 24, 2017, 5:26 pm Dec 16, 2019 7:10 pm Benefits for everyone Link to current article

Source: http://lgoty-vsem.ru/mat-kapital/ispolzovanie/komnata-na-mk.html

Purchasing a room using maternity capital: features and procedure for completing the transaction

The desire of a family to own a separate home is quite natural. But not every citizen can afford to take out a mortgage loan and purchase a full-fledged apartment or private house.

If there is not enough money for real estate in a new building or cottage, then an alternative in the form of a comfortable room is allowed. The amount of maternity capital of 453,206 rubles may be enough to purchase a room in dormitories of administrative centers in many constituent entities of the Russian Federation - Voronezh, Stavropol and other cities.

Basic requirements for purchase

In order for the Pension Fund to allow the certificate holder to conduct a transaction, it is important to comply with a number of important requirements provided for by social security legislation.

1. It is necessary that the rooms be isolated from other premises, and this must be indicated in the technical and legal documentation.
2. If certificate holders wish to purchase communal residential premises, then it is necessary that the personal accounts be separated.
3. You cannot purchase a room if it is located in a dormitory that belongs to the specialized housing stock.
4. The certificate or extract of ownership of real estate must indicate that the object is indeed a room or a separate part of the apartment.
5. If the object is registered only as a share, then the Pension Fund will not approve such a transaction, since the share is not materialized in specific square meters.

It is permissible to complete a transaction for selling or exchanging a room only with the written approval of the guardianship service .

Then the parents or legal representatives of the children must give a written commitment that they will allocate to the children a share in the housing that is no less than what they had at the time of the sale.

A certain amount may be deposited into the children's bank account in advance as a guarantee of the fulfillment of such an obligation.

Purchase of part of a residential premises using maternal capital funds

According to Part 2 of Art. 15 of the Housing Code of the Russian Federation, only an object that is suitable for permanent residence and meets all the necessary sanitary and technical standards . Such real estate must be separate. It is assigned an inventory and cadastral number.

The legislation includes such objects:

• apartment or its separate part;
• residential building (or several premises in such an object);
• a room as part of a larger property - a dormitory or apartment.

The room, therefore, must be a separate piece of real estate. It must be provided with the appropriate legal documentation.

The transaction will take place only if the following conditions are met:

• If, after purchasing a share, the entire living space becomes the property of the acquirer;
• If one or more isolated living rooms are purchased in an apartment, and the necessary title documents have been drawn up for each of them.

The purchase and sale agreement must provide information about a specific property - indicating its inventory, cadastral number, address, information about ownership.

Purchasing a room using maternity capital

In order for the Pension Fund to approve such a transaction, the room must be separated from the rest of the housing. The best option for a family is to buy a room in a dormitory-type building. It is desirable that the property be located in a section for two owners, perhaps with a common kitchen on the floor, but its own bathroom in the section (bathroom and toilet).

Funds from such financial social assistance can be used as an initial payment for a mortgage payment, for the calculation of interest or principal. The family has the right to choose the object independently . The main thing is that it is suitable for living and approved by the bank and the Pension Fund of the Russian Federation.

Share in an apartment and a separate room - the main differences

The room is a separate housing, which is registered in Rosreestr as a separate property. A share represents the right of ownership of common property. If it is not allocated, then the owner of the share must use the residential premises together with other , same shared owners. The share may not correspond to the area of ​​a particular room.

Even if it is nominally larger, this does not always mean that the owner of such a share has the right to occupy the largest room in the apartment. The share also includes the right to use auxiliary premises - kitchen, corridor, bathroom, toilet, hallway. It is impossible to delineate the boundaries of the lobe independently.

The owner has the right to go to court and demand either the allocation of a share in kind, or he can go to court and demand to determine the procedure for using the housing.

Allocation of a share in an apartment

The allocation of a share is allowed only if there is a technical possibility for this. It is necessary that the owner can also access a separate part of the kitchen, bathroom, and hallway. The allocated share in the apartment must have a separate entrance, which is practically impossible in practice.

If, nevertheless, the share has been allocated, then the owner has the right to use only part of the apartment, but the right of common ownership of the living space will also not be terminated.

The allocation, in any case, must be in court.

The plaintiff will have to order the examination; legal costs can be compensated by the defendants if the judge agrees to satisfy the applicant’s claims.

Buying a dorm room using maternity capital

Purchasing a room in a dormitory with money from maternity capital is possible if the housing is privatized and the dormitory itself does not belong to the special-purpose housing stock. The room can be directly alienated from the municipality through public auction.

The seller must give prior consent to the sale, since he will be able to receive money for his property only after registering the ownership of the property with Rosreestr.

If a mortgage is issued on the property, then the bank must also give consent to the sale . The certificate holder (mortgage borrower) must conduct an appraisal of the property at his own expense. After completing the transaction, the purchased room must be registered as shares - the property of all family members.

You can manage money from maternity capital and spend it on buying a room even if your parents already have real estate. There are no prohibitions in the law.

Also, a room purchased with such social assistance can be sold in the future, but only with the approval of the guardianship authorities and the obligation to provide children with other housing within a specific period.

The notarial undertaking must be provided by the child's legal representative.

Step-by-step instruction

To purchase a room you need:

1. Select the object you like. On popular portals in advertisements, sellers, who are often realtors, indicate that they consider capital and (or) mortgage funds as payment for the rooms. First you need to directly contact the seller (owner) and inspect the room;
2. If the cost of the room can be fully repaid with maternity capital , then you can draw up a transaction with the seller and indicate in it that payment for the room is carried out at the expense of capital funds and after registration of ownership;
3. If there is insufficient capital, you can contact the bank with an application for a mortgage loan . They will be provided taking into account the financial situation of the applicants, the characteristics of the object and guarantees - for example, a solvent guarantor;
4. The mortgage transaction must be registered, as well as the ownership of the room;

The parties should agree on the procedure for incurring expenses for the purchase of such real estate. Typically, real estate registration is carried out at the expense of the seller, but the cost of services, especially if they are provided by realtors, will already be included in the price of the room. The instructions are approximate. The specifics of the purchase depend on the specific situation.

The notary will need to formalize an undertaking that the room will be transferred into shared ownership to all family members. It is better to complete the transaction for purchasing a dorm room under the supervision of an experienced lawyer.

Source: https://matkapital.org/materinskiy-kapital/kak-ispolzovat/uluchshenie-zhilishnyh-uslovij/pokupka-komnaty.html

Buying a room with maternity capital

Families with children want to have their own home, but not all of them have the opportunity to even get a mortgage loan and purchase real estate with a mortgage.

If there is not enough money to buy a full-fledged apartment, often the alternative is to purchase a room with funds provided by the state in the form of a certificate for maternity capital, the amount of which is 453 thousand rubles. in 2019.

To obtain approval of a transaction for the sale and purchase of a room from the Pension Fund authorities, certain conditions :

• the room must be separate and constitute an independent piece of real estate;
• if you buy a room in a communal apartment, there must be a separation of personal accounts ;
• if the hostel has the status of a specialized housing stock, then purchasing a room in it is prohibited ;
• the certificate of ownership of the purchased housing (from January 1, 2017 - an extract from the Unified State Register of Real Estate) must indicate “part of the apartment” or “room”, and not just a share in the residential premises.

It is possible to sell or exchange a room purchased with maternity capital with the written permission of the guardianship authorities and on the condition that the ownership of minor children will be transferred to a share in another residential premises, which will be equal to or greater than the alienated one.

Is it possible to purchase part of a residential property using maternal capital?

In accordance with the Housing Code of the Russian Federation, a premises is recognized as residential if it is suitable for living , meets sanitary and technical standards and is isolated . The current edition of the RF Housing Code includes:

• apartment (part of it);
• residential building (part of a house);
• room.

By “room” we mean part of a residential premises (apartment or house), which is intended for the direct residence of citizens .

Since the law, when using maternity capital to improve living conditions, only allows the purchase of independent living space, part of the space can be purchased using a certificate only in two cases :

1. If, as a result of the acquisition of a share, the entire property becomes the property of the buyer.
2. If you purchase an isolated room in an apartment - one or several rooms.

Is it allowed to purchase a room in an apartment using maternity capital?

It is possible to buy a room, which is an independent living space, using family capital, and, of course, the law allows this method to improve the family’s living conditions.

But an important condition must be met: the room must be isolated from the rest of the living space . Otherwise, the Pension Fund of the Russian Federation will not approve the transaction and will not allow the use of maternal capital funds.

At the same time, it is possible to take out a mortgage loan and use state support funds to purchase a room without waiting for the child to turn 3 years old.

In such a situation, you can spend maternity capital:

• to pay off the down payment on the mortgage;
• to pay off an existing housing loan.

What is the difference between a share in an apartment and a room?

The main difference between a room and a share is that the acquisition of a room implies the purchase of a residential premises or a separate part thereof , while a share is only the right to own a residential premises in common ownership along with other owners. Owning shares in an apartment cannot be equated to owning a separate room.

“Share” is an ideal concept that does not always correspond to one room; moreover, in addition to the living part of the room, the share also includes common areas (bathroom, corridor, kitchen).

The share in the premises is not material: it cannot be seen, therefore, it is also not possible to outline its boundaries or unambiguously determine the part of the apartment that corresponds to it.

Allocation of a share in an apartment room

To answer this question, it is necessary to separate the concepts of “allocated in kind” shares and “ideal” :

• In the case of “ideal shares”, the owners receive the right to jointly own one common property (for example, four owners, each of whom has a 1/4 share of an apartment, can decide on the fate of the residential premises only jointly).
• If we are talking about “allocated in kind”, then the share is equal to an independent part of the living space (room), which the owner can have separately from the rest of the housing.

It is possible to allocate a room if it is technically possible to transfer to the owner an isolated part of the living and utility rooms (corridor, kitchen, bathroom, etc.), as well as the equipment for a separate exit. If these possibilities are not available, then through the court .

If the share is allocated “in kind”, then the owner can only use an isolated part of the apartment , and he loses the right to use its other parts. At the same time, the legal right of common ownership does not terminate .

It is clear that it is not possible to create an additional entrance to the apartment, to separate utility rooms and the kitchen.

Therefore, most often this option is suitable for purchasing part of a detached individual residential building.

For an apartment, the most common option is to transfer an isolated room into individual ownership while maintaining shared ownership of the utility rooms.

Is it possible to buy a dorm room with maternity capital in 2019?

Previously, all hostels had the status of a specialized housing stock (along with service living quarters provided by various departments and enterprises, or rooms in houses of the social service system for citizens maintained by state or local authorities).

• If a building that previously had the status of a dormitory was transferred to the status of a residential building after the adoption of the Housing Code, and the rooms in it were privatized, then they can be purchased using maternity capital funds.
• The law prohibits the use of family capital to purchase a room in a hostel, which continues to be part of a specialized housing stock and is maintained by local authorities. As mentioned above, the room becomes the property of the family, and in such a dormitory the rooms are not subject to alienation.

In the future, as a general rule, the acquired room must be registered as the common shared property of the spouses and children - despite the fact that in this case the area of ​​the acquired room per family member may be only a few square meters (i.e., significantly less than one registered housing area standards).

Maternity capital for a room in a communal apartment

Is it possible to use maternity capital to buy a room in a communal apartment ? The law does not prohibit this. But it is very important what this premises is listed as according to the documents. In relation to a communal apartment, the following differences :

• common areas are registered as shared ownership, and rooms are privatized by residents;
• each tenant does not depend on each other;
• financial and personal accounts are separated.

That is, this actually means that different owners of different premises live in the same apartment. Moreover, a communal apartment is distinguished from other premises that are in common shared ownership:

• the owner's right to a specific room and shared ownership of ancillary premises.
• The right of shared ownership of common areas follows the fate of the room .

Is it possible to purchase a room if you have an apartment?

There is an opinion that if a family owns real estate, then it is impossible to spend capital on purchasing additional housing of a smaller area. This statement is wrong . You can purchase additional housing using government assistance funds if the transaction does not contradict the law :

1. The law does not contain requirements that parents and children must not own real estate; family capital can be used to purchase housing regardless of whether family members have rights to other residential premises.
2. An important condition is to register the purchased residential premises as the common property of all family members.

According to statistics, the use of public funds to improve housing conditions is most popular even among families who already own housing.

In general, in accordance with Law No. 256-FZ of December 29, 2006, citizens who have a certificate for family capital, regardless of their financial situation and whether they own other housing, can dispose of it as follows:

Step-by-step instructions for purchasing part of your home using maternal capital

To use maternal capital to purchase a home, the following conditions must be met, which are mandatory:

1. The form of the transaction does not contradict the law .
2. The family acquires ownership of a separate residential property , and not a share in the ownership.
3. The housing is located in Russia .

Step-by-step instructions for directing maternity capital to purchase a room include the following steps:

1. The family needs to find a separate living space that meets the requirements of the law.
2. Signing with the seller sales agreement. The contract states:
   • that the cost of the room is fully (partially) paid by government funds through a cashless transfer from the Pension Fund of Russia account to the seller’s account;
   • the period during which buyers undertake to submit papers for the disposal of maternal capital funds.
3. Registration of the transaction in Rosreestr with making the appropriate registration entry and receiving an extract from the Unified State Register of Real Estate (USRN), confirming the transfer of ownership.
4. Applying to the Pension Fund with an application to dispose of family capital indicating the amount and purpose for which the funds will be allocated. The following package of papers is submitted with the application:
   • certificate;
   • applicant's passport;
   • SNILS;
   • marriage certificate (in case of registration of a purchase and sale agreement for the spouse of the certificate holder);
   • contract for the sale and purchase of a room with a note on state registration (its copy);
   • extract from the Unified State Register of Real Estate for the purchased room (issued by Rosreestr).
5. An obligation certified by a notary to designate the room as the property of all family members.

The Federal Notary Chamber, in letter dated 02/07/2013 No. 216/06-11, explains that:

• real estate purchased using maternal capital must be registered as the common shared property of all minor children and spouses;
• the legality of transactions, as a result of which real estate is transferred only to children, is called into question.

How to sell a room purchased with maternity capital

This procedure is completely legal and possible. But you need to carefully read all the nuances.

The sale of a room purchased with maternal capital and registered as the common property of parents and children is controlled by the guardianship and trusteeship authorities .

They are very careful to ensure that the rights of minors are not violated, i.e.

so that after the sale of residential premises, children do not lose their shares in property provided for by the law on maternity capital.

It turns out that it is impossible to sell the room without prior permission from the guardianship authorities .

To obtain the consent of the guardianship authorities, parents need to provide evidence that the rights of the children are not infringed by the housing sale transaction:

• they do not lose shares in the property rights (in return they are allocated shares in other housing);
• the size of the area for each person living in the new housing will not be less than in the alienated residential premises, that is, the living conditions of the children will not worsen.

The guardianship authorities will need to provide originals and copies of the following documents :

• parents' passports;
• marriage certificate and birth certificate of children, or passports of children who have reached 14 years of age;
• written consent of children to sell their share (for those over 14 years old).
• documents for acquired and alienated housing;
• consent of adult owners to conduct a transaction;
• registration certificate and certificate from the BTI about the cost of the room;
• a certificate confirming that there is no debt to pay for utilities in the purchased housing.

Thus, it is possible to sell a room that was purchased with public funds if the following conditions :

1. The guardianship authorities agreed to the sale of housing.
2. The children's living conditions will not deteriorate, and they will not lose ownership interests in the new housing.

Source: http://materinskiy-kapital.molodaja-semja.ru/kak-ispolzovat/na-uluchshenie-zhilishchnyh-usloviy/komnata/