Resolution 862 maternity capital as amended. Documentation. Maternity capital laws

Approved by this resolution are given by 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 the allocation of funds (part of funds) of maternal (family) capital to improve housing conditions (approved by the Government of the Russian Federation of December 12, 2007 N 862)

1. These Rules establish the types of expenses for which funds (part of the funds) of maternity (family) capital can be used 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 of transfer the specified funds.

for the acquisition or construction of residential premises carried out by citizens through the performance 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 the specified funds to the organization that alienates (construction) the acquired (under construction) ) residential premises, or to an individual who alienates the acquired residential premises, or to an organization, including a credit organization, which has provided funds under a credit agreement (loan agreement) for the specified purposes;

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

The person who received the certificate has the right to use the funds (part of the funds) of the maternal (family) capital for the acquisition, construction of residential premises, as well as for the construction or reconstruction of an individual housing construction object 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).

3. If the person who received the certificate or the spouse of the person who received the certificate is provided with a loan (loan), including a mortgage, for the purchase or construction of housing or a loan (loan), including a mortgage, to repay a previously granted loan (loan ) for the purchase or construction of housing, funds (part of the funds) of maternal (family) capital can be directed to:

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

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

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).

Citizens of the Russian Federation who have left for permanent residence outside the Russian Federation and do not have a place of residence and place of stay on the territory of the Russian Federation confirmed by registration, 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 event that funds (part of funds) of maternal (family) capital are directed for the acquisition, construction of residential premises, as well as for the construction or reconstruction of an individual housing construction object 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.

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 facility individual housing construction is carried out by the spouse of the person who received the certificate;

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 the individual housing construction is carried out by the spouse of the person who received the certificate.

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

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

d) if the dwelling is 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 dwelling has not been carried out - as evidenced in the established legislation In the Russian Federation, a written obligation of the person (persons) who is the buyer under the contract for the sale and purchase of residential premises (contract for the purchase and sale of residential premises with payment by installments) using funds (part of the funds) of the maternal (family) capital, to register the 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 after the transfer of the maternity (family) capital by the Pension Fund of the Russian Federation to the person alienating the dwelling , and in case of purchase tenia of a dwelling under a contract of sale and purchase of a dwelling with payment by installments - within 6 months after the last payment is made, which completes the payment of the cost of a dwelling in full;

e) a certificate of the person who alienates the dwelling under the contract for the sale and purchase of the dwelling with an installment plan, concluded with the person who received the certificate, or with the spouse of the person who received the certificate, on the amount of the remaining unpaid amount under the contract - if the purchase of the dwelling is carried out under the contract for the sale of residential premises with payment by installments.

8.1. The amount of funds (part of the funds) of the maternal (family) capital allocated to pay the obligations under the contract for the sale of residential premises (contract for the purchase and sale of residential premises with payment by installments) cannot exceed the price of the contract or the amount of the remaining unpaid amount under the contract.

9. In the event that funds (part of funds) of maternal (family) capital are directed towards paying the price of the contract for participation in shared construction, the person who received the certificate, along with the documents specified in these Rules, shall submit:

It does not work Edition from 13.01.2009

Name document	DECREE of the Government of the Russian Federation of 12.12.2007 N 862 (revised from 13.01.2009) "ON THE RULES OF DIRECTING THE FUNDS (PART OF FUNDS) OF THE MOTHER'S (FAMILY) CAPITAL TO IMPROVE HOUSING CONDITIONS"
Document type	regulation, rules
Host body	Russian government
Document Number	862
Date of adoption	27.12.2007
Date of revision	13.01.2009
Date of registration with the Ministry of Justice	01.01.1970
Status	It does not work
Publication	The document has not been published in this form Document in electronic form FAPSI, STC "System" (as amended on 12.12.2007 - "Collected Legislation of the Russian Federation", 17.12.2007, N 51, Art. 6374 "Rossiyskaya Gazeta", N 284, 19.12.2007 "Financial newspaper", N 03, 2008)
Navigator	Notes (edit)

DECREE of the Government of the Russian Federation of 12.12.2007 N 862 (revised from 13.01.2009) "ON THE RULES OF DIRECTING THE FUNDS (PART OF THE FUNDS) OF THE MOTHER (FAMILY) CAPITAL TO IMPROVE HOUSING CONDITIONS"

1. These Rules establish the types of expenses for which funds (part of the funds) of maternal (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 of transfer the specified funds.

2. Persons who have received a state certificate for maternal (family) capital (hereinafter referred to as the certificate) have the right to use the funds (part of the funds) of the maternal (family) capital for the acquisition (construction) of housing, carried out by citizens through the performance of any transactions that do not contradict the law and participation in obligations (including participation in housing, housing construction and housing accumulative cooperatives), by non-cash transfer of the specified funds to a legal entity (individual entrepreneur), realizing the alienation (construction) of the acquired (under construction) dwelling, or to an individual, realizing the alienation of the acquired dwelling , or an organization, including a credit one, which has provided funds under a credit agreement (loan agreement) for the specified purposes.

dated 13.01.2009 N 20)

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

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

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

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

The direction of funds (part of funds) of maternal (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 with a written application from the person who received the certificate.

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

4. Persons who have received the certificate have 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).

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

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

(as amended by Resolutions 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 powers (notarized power of attorney).

7. If, in accordance with clauses 8-13 of these Rules, copies of documents are attached to the application and the correctness of these copies has not been certified in accordance with the procedure established by law, their originals are submitted at the same time.

8. In the case of sending funds (part of funds) of maternal (family) capital to pay for the acquired dwelling, the person who received the certificate, simultaneously with the documents specified in paragraph 6 of these Rules, submits:

a) a copy of the contract for the sale and purchase of residential premises that have passed state registration in accordance with the established procedure;

b) a copy of the certificate of ownership of an individual (legal entity) who alienates a dwelling, to a dwelling purchased 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 encumbrances on the residential premises acquired by the person who received the certificate.

9. In the case of sending funds (part of the funds) of the maternal (family) capital towards the payment of the price of the agreement for 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 for participation in shared construction that has passed the state registration in the prescribed manner.

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

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

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 a cooperative), the funds (part of the funds) of the maternity (family) capital can be sent by the person who received certificate, as payment towards the payment of the entrance fee and (or) the share fee. The person who received the certificate, along with the documents specified in paragraph 6 of these Rules, submits:

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

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 the submission by the citizen of an application for membership in a housing savings cooperative, or a decision on admission to membership in a housing, housing construction cooperative );

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

b) a certificate of the amount of the share contribution paid for the dwelling and the remaining unpaid amount of the share contribution required to acquire the ownership of the dwelling (for members of the 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 the share contribution in full;

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 Resolutions 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 Resolutions of the Government of the Russian Federation of 13.01.2009 N 20)

12. In the case of sending funds (part of funds) of maternal (family) capital to pay the initial payment when obtaining a loan or loan, including a 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:

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

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

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

c) a copy of the main identity document 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 loan agreement (loan agreement), including mortgage, for the purchase (construction) of housing is the spouse of the person who received certificate;

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

13. In the event that funds (part of funds) of maternal (family) capital are used to pay off the principal debt and to pay interest on loans or borrowings, including mortgage loans, for the purchase or construction of housing (except for fines, commissions, penalties for late fulfillment of obligations under credits or loans) the person who received the certificate, together with the documents specified in paragraph 6 of these Rules, submits:

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

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

c) a copy of the mortgage agreement that has passed state registration in the prescribed manner (if a mortgage loan (mortgage loan) is provided and the loan agreement (loan agreement) does not contain an obligation secured by a mortgage);

d) certificate of state registration of ownership of residential premises acquired using credit (borrowed) funds;

e) a written obligation of the person (persons), in whose ownership the dwelling, acquired using the funds (part of the funds) of the maternal (family) capital, is certified in accordance with the procedure established by law, to register the said dwelling in the common property 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 with the use of a mortgage loan (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 encumbrances);

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

(as amended by Resolutions 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 the residential premises acquired using a loan (loan), including a mortgage;

(as amended by Resolutions 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 Resolutions 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 personal financial account.

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

14. The amount of funds (part of funds) of the maternity (family) capital allocated to pay off the principal debt and pay interest for using 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 the payment of interest for the use of the specified credit (loan) or the amount of the remaining unpaid amount of the share contribution required to acquire ownership of the residential premises.

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

16. Funds (part of funds) of maternal (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 an individual (legal entity, individual entrepreneur) specified in the relevant agreement, carrying out the alienation (construction) residential premises, either 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 loan (loan), including a mortgage.

(as amended by Resolutions 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 (territorial body of the Pension Fund of the Russian Federation) transfers funds (part of the funds) of the maternity (family) capital towards payment for the acquired (under construction) dwelling within 15 calendar days from the date the funds are credited to the Pension 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 not later than May 1 of the current year, or the first banking day of the first half of the year following the year of filing the application if the application was submitted not later than October 1 the current year, except for the case provided for in paragraph 18 of these Rules.

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

18. In case of satisfaction of the application regarding the direction of funds (part of the funds) of the maternal (family) capital to pay off the principal debt and pay interest on loans or loans for the purchase (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 these purposes no later than 2 months from the date these bodies make a decision on the application.

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

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GOVERNMENT OF THE RUSSIAN FEDERATION

RESOLUTION
dated 12.12.07 N 862

ON THE RULES FOR DIRECTING FUNDS (PARTS OF FUNDS)
MOTHER'S (FAMILY) CAPITAL FOR IMPROVEMENT
HOUSING CONDITIONS

(as amended by Resolutions of the Government of the Russian Federation of 13.01.2009 N 20,
from 04.12.2009 N 994, from 27.11.2010 N 937, from 24.12.2011 N 1124,
from 25.03.2013 N 257, from 26.03.2014 N 230, from 30.04.2014 N 401,

from 31.05.2018 N 631, from 25.05.2019 N 655,
as amended by the decision of the Supreme Court of the Russian Federation
from 17.08.2010 N GKPI10-806)

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. To approve the attached Rules for the allocation of funds (part of funds) of maternal (family) capital to improve housing conditions.

2. To establish that clarifications on the procedure for applying the Rules approved by this Resolution are given by the Ministry of Construction and Housing and Communal Services 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.
(as amended by Resolutions 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) MATERNAL
(FAMILY) CAPITAL TO IMPROVE HOUSING CONDITIONS

(as amended by Resolutions of the Government of the Russian Federation of 04.12.2009 N 994,
of 27.11.2010 N 937, of 24.12.2011 N 1124, of 30.04.2014 N 401,
from 22.10.2014 N 1090, from 30.01.2015 N 77, from 09.07.2015 N 689,
from 09.09.2015 N 950, from 03.03.2017 N 253, from 25.05.2017 N 627,
from 31.05.2018 N 631, from 25.05.2019 N 655)

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

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

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

c) repayment of the principal debt and payment of interest on a loan (loan), including mortgage, to repay a previously granted loan (loan) for the purchase or construction of housing (except for fines, commissions, penalties for late fulfillment of obligations on the specified loan (loan) ), including for loans (borrowings), the obligations for which arose from the person who received the certificate, before the right to receive maternity (family) capital arose.
(as amended by the Resolution of the Government of the Russian Federation of 05/31/2018 N 631)

3 (1). The funds (part of the funds) of the maternal (family) capital are used to pay the initial contribution and (or) repay the principal debt and pay interest on loans for the purchase (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) has lost its force. - Decree of the Government of the Russian Federation of 09.07.2015 N 689;

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 unified development institution in the housing sector, determined by the Federal Law "On promoting the development and improving the efficiency of management in the housing sector and on amending certain legislative acts of the Russian Federation."
(subparagraph "g" as amended by the Resolution of the Government of the Russian Federation of 05.25.2019 N 655)

(Clause 3 (1) was introduced by the Decree of the Government of the Russian Federation of 30.04.2014 N 401)

5. The person who received the certificate indicates in the application the type of expenses to which 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 event that funds (part of funds) of maternal (family) capital are sent for the acquisition, construction of residential premises, as well as for the construction or reconstruction of an individual housing construction object 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 presentation of the following documents:

a) is no longer valid. - Resolution of the Government of the Russian Federation of January 30, 2015 N 77;

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 - in case of submitting an application through a representative;

d) the main identity document 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 facility individual housing construction is carried out by the spouse of the person who received the certificate;
(as amended by Resolutions of the Government of the Russian Federation of November 27, 2010 N 937)

7. If, in accordance with clauses 6, 8 - 13 of these Rules, copies of documents are attached to the application and the correctness of these copies has not been certified in accordance with the procedure established by the legislation of the Russian Federation, their originals are submitted at the same time.

a) a copy of the contract of purchase and sale of residential premises (contract of purchase and sale of residential premises with payment by installments), which has passed state registration in accordance with the established procedure;
(as amended by Resolutions of the Government of the Russian Federation of November 27, 2010 N 937)

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

c) has lost its force. - ;

d) if the dwelling is 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 dwelling has not been carried out - as evidenced in the established legislation Of the Russian Federation, a written obligation of the person (persons) who is the buyer under the contract for the sale and purchase of residential premises (contract for the sale and purchase of residential premises with payment by installments) using funds (part of the funds) of the maternal (family) capital, to register the 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 after the transfer of the maternity (family) capital by the Pension Fund of the Russian Federation to the person who alienates the dwelling , and in case of purchase tendency of residential premises under a contract for the sale of residential premises with payment by installments - within 6 months after the last payment is made, completing the payment of the cost of the residential premises in full, and in the case of the acquisition of residential premises under a contract for the sale of residential premises using funds from the target housing a loan provided in accordance with the legislation of the Russian Federation - within 6 months after the removal of the encumbrance from the dwelling;

e) a certificate of the person who alienates the dwelling under the contract for the sale and purchase of the dwelling with payment by installments, concluded with the person who received the certificate, or with the spouse of the person who received the certificate, on the amount of the remaining unpaid amount under the contract - if the purchase of the dwelling is carried out under the contract for the sale of residential premises with payment by installments.
(clause "d" was introduced by the Decree of the Government of the Russian Federation of November 27, 2010 N 937)

8 (1). The amount of funds (part of funds) of the maternal (family) capital allocated to pay the obligations under the contract for the sale of residential premises (contract for the purchase and sale of residential premises with payment by installments) cannot exceed the price of the contract or the amount of the remaining unpaid amount under the contract.
(Clause 8 (1) was introduced by the Decree of the Government of the Russian Federation of November 27, 2010 N 937)

9. In the event that funds (part of the funds) of maternal (family) capital are directed towards the payment of the price of the contract for participation in shared construction, the person who received the certificate, along with the documents specified in paragraph 6 of these Rules, shall submit:

a) a copy of the contract for participation in shared construction, which has passed state registration in accordance with the established procedure;

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

c) a written obligation of the person (persons), which is a party to the agreement for participation in shared construction, certified in accordance with the procedure established by the legislation of the Russian Federation, within 6 months after signing a deed of transfer or other document on the transfer of a shared construction object to a participant in shared construction, to issue a residential building built using funds (part of funds) of maternal (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 amount of 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 aggregate, such as the signing of a deed of transfer or other document on the transfer of a shared construction object to a participant in shared construction VA, as well as the removal of encumbrances from the dwelling.
(as amended by Resolutions of the Government of the Russian Federation of November 27, 2010 N 937, of May 25, 2017 N 627)

10. In the event that funds (part of funds) of maternal (family) capital are sent 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 Resolutions of the Government of the Russian Federation of November 27, 2010 N 937)

a) a copy of the building permit or notification specified in clause 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;
(subparagraph "a" as amended by the Resolution of the Government of the Russian Federation of 05.25.2019 N 655)

b) a copy of the building contract;

c) a written obligation of the person (persons) for whom the building permit was issued or to whom the notice specified in clause 2 of part 7 of article 51.1 of the Urban Planning Code of the Russian Federation, 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 object or after receiving notification of the compliance of the constructed individual housing construction object with the requirements of the legislation on urban planning activities specified in clause 5 of part 19 of Article 55 of the Town Planning Code of the Russian Federation, register a residential building built using funds (part of the funds) maternal (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 amount of shares by agreement;
(clauses "c" as amended by the Resolution of the Government of the Russian Federation of 05.25.2019 N 655)

d) a copy of a 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 object is carried out, or the right to permanent (unlimited) use of such a land plot, or the right to life-long inherited ownership of such land plot, or the right to lease such a land plot, or the right to free use of a land plot, which is intended for housing construction and on which the construction of an individual housing construction object is carried out.
(Clause "g" was introduced by the RF Government Decree of November 27, 2010 N 937, as amended by the RF Government Decree N 1090 of October 22, 2014)

10 (1). The funds (part of the funds) of the maternity (family) capital are directed to the construction or reconstruction of an individual housing construction object 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 on the date he submits the application;

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

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

10 (2). To send 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, shall submit the following certified in the prescribed manner:

a copy of the building permit or notification specified in clause 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 the object of individual housing construction - if the funds (part of the funds) of the maternity (family) capital are directed to its reconstruction;

a written commitment of the person (persons) for whom a building permit was issued or to whom the notification specified in clause 2 of part 7 of article 51.1 of the Town Planning Code of the Russian Federation was issued within 6 months from the date of receipt of the cadastral passport or from the date of receipt notifications of the compliance of the constructed or reconstructed individual housing construction object with the requirements of the legislation on urban planning activities specified in clause 5 of part 19 of Article 55 of the Town Planning Code of the Russian Federation, to issue a residential premises built (reconstructed) using funds (part of the funds) of maternal (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 amount of shares by agreement.
(as amended by the Resolution of the Government of the Russian Federation of 05.25.2019 N 655)

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

10 (3). To send 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:

a) a document issued by a body authorized to issue a building permit, confirming the main work on the construction of an individual housing construction facility (installation of a foundation, erection of walls and roofs) or work on the reconstruction of an individual housing construction facility, as a result of which the total area of a residential building (residential premises) of the reconstructed facility shall be increased by at least the accounting rate for the area of 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 the Decree of the Government of the Russian Federation of November 27, 2010 N 937)

10 (4). In the event that funds (part of funds) of maternal (family) capital are allocated to compensate for the costs incurred for the construction of an individual housing construction object, the title to 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 origin of the ownership of an individual housing construction object that underwent 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, along with the documents specified in clause 6 of these Rules, submits the duly certified:

a copy of a 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 object is being carried out, or the right to permanent (unlimited) use of such a land plot, or the right to inherited life ownership of such a land plot , or the right to lease such a land plot, or the right to free use of a land plot, which is intended for housing construction and on which the construction of an individual housing construction object is carried out;
(as amended by Resolutions of the Government of the Russian Federation of 22.10.2014 N 1090)

an extract from the Unified State Register of Real Estate, 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 Register of Real Estate, containing information on the rights to an individual housing construction object reconstructed after January 1, 2007 , - regardless of the date of origin of the ownership of the object of individual housing construction, which has undergone reconstruction;
(as amended by Resolutions of the Government of the Russian Federation of 03.03.2017 N 253)

a written commitment 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 amount of shares according to agreement within 6 months after the transfer of maternity (family) capital by the Pension Fund of the Russian Federation - if the object of individual housing construction is 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).

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 the Decree of the Government of the Russian Federation of November 27, 2010 N 937)

c) a copy of the charter of the cooperative;

d) has lost its force. - Resolution 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 the cooperative, certified in accordance with the procedure established by the legislation of the Russian Federation, within 6 months after making the last payment, which completes the payment of the share contribution in full, to issue a dwelling built using the funds (part of the funds) of the maternal (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 amount of shares by agreement.
(as amended by Resolutions of the Government of the Russian Federation of November 27, 2010 N 937)

12. In the case of sending funds (part of funds) of maternal (family) capital to pay the initial payment when obtaining a loan (loan), including a mortgage, for the purchase or construction of housing, the person who received the certificate, simultaneously with the documents specified in clause 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 state registration in the prescribed manner - 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 formalize the dwelling, acquired or built using the funds (part of the funds) of the maternity (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 within 6 months:
(as amended by Resolutions 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 encumbrances) - in the case of individual housing construction;

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

13. If funds (part of funds) of maternal (family) capital are directed to pay off the principal debt and pay interest on a loan (loan), including mortgage, for the purchase or construction of housing or for a loan (loan), including mortgage, To repay a previously granted loan (loan) for the purchase or construction of housing (except for fines, commissions, penalties for late fulfillment of obligations under the specified loan (loan)), the person who received the certificate, along with the documents specified in paragraph 6 of these Rules, shall submit:
(as amended by Resolutions of the Government of the Russian Federation of November 27, 2010 N 937)

a) a copy of the loan agreement (loan agreement). When funds (part of funds) of maternal (family) capital are directed to repay the principal debt and pay interest on a loan (loan), including mortgage, a copy of a previously concluded loan agreement is additionally submitted to repay a previously granted loan (loan) for the purchase or construction of housing (loan agreement) for the purchase or construction of housing;
(as amended by Resolutions of the Government of the Russian Federation of November 27, 2010 N 937)

b) a certificate of the creditor (lender) on the amount of the balance of the principal debt and the balance of the debt on the payment of interest for the use of the credit (loan). If the right (claim) belonging to the creditor on the basis of the obligation has been transferred by him to another person (assignment of the right of claim, transfer of rights to a mortgage) in the manner of transferring rights under credit agreements secured by a mortgage, established by Articles 47 and 48 of the Federal Law "On Mortgages ( pledge of real estate) ", or passed to another person on the basis of the law, the certificate contains information about the name and location of the creditor, to whom the rights under the loan agreement (loan agreement) belong to the date of the certificate. If on behalf of the creditor the certificate is submitted 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 Resolutions of the Government of the Russian Federation of November 27, 2010 N 937)

c) a copy of the mortgage agreement that has passed state registration in the prescribed manner - 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 residential premises acquired or built using credit (borrowed) funds - in the case of the acquisition of residential premises, as well as in the case of the commissioning of a housing construction object;
(as amended by Resolutions of the Government of the Russian Federation of November 27, 2010 N 937, of 03.03.2017 N 253)

e) a copy of the contract for participation in shared construction, which has undergone state registration in accordance with the established procedure, or a copy of a permit for the construction of an individual residential building - if the housing construction object 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 the submission by the citizen of an application for membership in a housing savings cooperative, or a decision on admission to membership in a housing, housing construction cooperative ), - if a loan (loan) is provided to pay the entrance fee and (or) share contribution to the cooperative;

g) if the dwelling is 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 the state registration of ownership has not been carried out for a dwelling - a written obligation of the person (persons) in whose ownership the dwelling is registered, which is acquired using the funds (part of the funds) of the maternal (family) capital, or is a party to the transaction or obligations for the acquisition or construction of a dwelling, certified in accordance with the procedure established by the legislation of the Russian Federation premises, register the specified living quarters 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 amount of shares by agreement within 6 months:
(as amended by Resolutions of the Government of the Russian Federation of November 27, 2010 N 937)

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

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

the paragraph is no longer valid. - Resolution 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 that completes 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 paragraph 3 (1) of these Rules by wire transfer to an account opened by the person who received the certificate or his spouse in a credit institution.
(clause "z" was introduced by the Decree of the Government of the Russian Federation of 30.04.2014 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 - fourth of paragraph 10 (2), subparagraph " a "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 bodies request these documents (information contained in them) in the bodies providing state and municipal services, in other state bodies or local self-government bodies and organizations subordinate to them that participate in the provision of state or municipal services and at whose disposal such documents (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 the Decree of the Government of the Russian Federation of 24.12.2011 N 1124)

14. Amount of funds (part of funds) of maternal (family) capital allocated to repay the principal debt and pay interest for using a loan (loan), including mortgage, for the purchase or construction of housing, or for repayment of the principal debt and payment of interest for use a loan (loan), including a mortgage, to repay a previously granted loan for the purchase or construction of housing, or in payment of the price of an agreement for participation in shared construction, or as payment in payment of a share contribution, cannot exceed, respectively, the amount of the balance of the principal debt and arrears on payment of interest for the use of the specified credit (loan), or the remaining unpaid amount under the contract for participation in shared construction, or the remaining unpaid amount of the share contribution necessary to acquire the ownership of the residential premises.

15. A dwelling, an object of individual housing construction, for the acquisition, construction or reconstruction of which funds (part of the funds) of maternal (family) capital are allocated, must be located on the territory of the Russian Federation.
(Clause 15 as amended by the Resolution of the Government of the Russian Federation of November 27, 2010 N 937)

16. Funds (part of the funds) of the maternity (family) capital are transferred by the Pension Fund of the Russian Federation (territorial body of the Pension Fund of the Russian Federation) by bank transfer to the bank account specified in the relevant agreement of the organization that alienates (construction) the acquired (under construction) dwelling, or an individual who alienates the acquired residential premises, either 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 loan (loan), including a mortgage, on account of the down payment for obtaining a loan (loan), including a mortgage, and (or) repayment of the principal debt and payment of interest on such a loan (loan), or to the bank account of the person who received the certificate, in the case of sending funds (part of the funds) of the maternity (family) capital for the construction (reconstruction) of the object individual housing construction, carried out by citizens without the involvement of an organization carrying out the construction (reconstruction) of an individual housing construction object, or in the case of directing funds (part of the funds) of maternal (family) capital to compensate for the costs incurred for the construction (reconstruction) of an individual housing construction object.
(as amended by Resolutions of the Government of the Russian Federation of November 27, 2010 N 937, of 09.09.2015 N 950)

In case of assignment of the right of claim under a credit agreement (loan agreement), these funds are transferred by bank transfer to the bank account of the organization to which the rights of claim were transferred.

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

(Clause 17 as amended by the Resolution of the Government of the Russian Federation of 03.03.2017 N 253)

18. Abolished. - Resolution of the Government of the Russian Federation of November 27, 2010 N 937.

19. In the event that the amount of funds (part of funds) of maternal (family) capital specified in the application and transferred to the account of the creditor organization (lender), respectively, exceeds the amount of the initial payment when obtaining a loan (loan), including a mortgage, for the acquisition or the construction of housing or the amount of the balance of the principal debt and interest on the use of a loan (loan) at the time of receipt of funds to the organization's account, the difference between the indicated amounts within 5 banking days from the date of receipt of funds to the organization's account 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.
(as amended by the Resolution of the Government of the Russian Federation of 09.09.2015 N 950)

The Pension Fund of the Russian Federation enters information on the returned balance of maternity (family) capital in the information about the person, upon whose application 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 a person who received a certificate to dispose of funds (part of funds) of maternal (family) capital, the Pension Fund of the Russian Federation (territorial body of the Pension Fund of the Russian Federation) before transferring funds (part of funds) of maternity (family) capital requests information from the relevant authorities:

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

b) on the commission of a deliberate crime related to crimes against the person against his / her 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 arose;

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 clause 20 of these Rules, the transfer of funds (part of 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 respect of 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 has the right 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 his discretion, decides on the disposal of funds (part of the funds) of the mother (family) capital for the improvement of housing conditions in the manner prescribed by these Rules, or for other purposes provided for by the specified Federal Law.

GOVERNMENT OF THE RUSSIAN FEDERATION
RESOLUTION
dated December 12, 2007 N 862
ON THE RULES FOR DIRECTING FUNDS (PARTS OF FUNDS)
MOTHER'S (FAMILY) CAPITAL FOR IMPROVEMENT
HOUSING CONDITIONS

(as amended by Resolutions of the Government of the Russian Federation of 13.01.2009 N 20,
dated 04.12.2009 N 994, dated 27.11.2010 N 937,
from 24.12.2011 N 1124, from 25.03.2013 N 257,
from 26.03.2014 N 230, from 30.04.2014 N 401,
as amended by the decision of the Supreme Court of the Russian Federation
from 17.08.2010 N GKPI10-806)

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. To approve the attached Rules for the allocation of funds (part of funds) of maternal (family) capital to improve housing conditions.

(as amended by Resolutions 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) MATERNAL
(FAMILY) CAPITAL TO IMPROVE HOUSING CONDITIONS

(as amended by Resolutions of the Government of the Russian Federation of 04.12.2009 N 994,
from 27.11.2010 N 937, from 24.12.2011 N 1124,
from 30.04.2014 N 401)

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

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

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

3 (1). The funds (part of the funds) of the maternal (family) capital are used to pay off the principal debt and pay interest on loans for the purchase (construction) of residential premises provided to citizens under a loan agreement for the acquisition (construction) of residential premises concluded with one of the organizations, which 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 the Decree of the Government of the Russian Federation of 30.04.2014 N 401)

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

a) the original 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) the main document proving the identity of the representative, and a notarized power of attorney confirming his authority - in case of submitting an application through a representative;

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

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

ConsultantPlus: note.

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

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

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

c) has lost its force. - Resolution of the Government of the Russian Federation of November 27, 2010 N 937;

(subparagraph "g" as amended by the Resolution of the Government of the Russian Federation of November 27, 2010 N 937)

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

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

a) a copy of the contract for participation in shared construction, which has passed state registration in accordance with the established procedure;

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

a) a copy of a 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 was 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 object, to issue a residential building built using the funds (part of the funds) of the maternal (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 amount of shares by agreement;

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

d) a copy of a 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 is carried out, or the right to permanent (unlimited) use of such a land plot, or the right to inherited life-long ownership of such land plot, or the right to lease such a land plot, or the right to gratuitous fixed-term use of a land plot intended for housing construction and on which an individual housing construction object is being constructed.

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

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

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

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 ownership of the person who received the certificate, or the spouse of the person who received the certificate, to the object of individual housing construction - 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 was issued, within 6 months after receiving the cadastral passport of the individual housing construction object, to register the living quarters built (reconstructed) with the use of funds (part of the funds) of the 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 amount of shares by agreement.

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

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 the Decree of the Government of the Russian Federation of November 27, 2010 N 937)

a copy of a 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 object is being carried out, or the right to permanent (unlimited) use of such a land plot, or the right to inherited life ownership of such a land plot , or the right to lease such a land plot, or the right to gratuitous urgent use of a land plot, which is intended for housing construction and on which the construction of an individual housing construction object 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 a 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;

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 the Decree of the Government of the Russian Federation of November 27, 2010 N 937)

c) a copy of the charter of the cooperative;

d) has lost its force. - Resolution of the Government of the Russian Federation of November 27, 2010 N 937;

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

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 state registration in the prescribed manner - if the loan agreement (loan agreement) provides for its conclusion;

(as amended by Resolutions 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 encumbrances) - in the case of individual housing construction;

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

c) a copy of the mortgage agreement that has passed state registration in the prescribed manner - if the loan agreement (loan agreement) provides for its conclusion;

d) 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 the commissioning of a housing construction object;

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

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

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

the paragraph is no longer valid. - Resolution of the Government of the Russian Federation of November 27, 2010 N 937;

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

(clause "z" was introduced by the Decree of the Government of the Russian Federation of 30.04.2014 N 401)

(Clause 13 (1) was introduced by the Decree of the Government of the Russian Federation of 24.12.2011 N 1124)

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

16. Funds (part of funds) of maternal (family) capital are transferred by the Pension Fund of the Russian Federation (territorial body of the Pension Fund of the Russian Federation) by bank transfer to the bank account specified in the relevant agreement of the organization that alienates (construction) the acquired (under construction) dwelling, or an individual who alienates the acquired residential premises, either 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 loan (loan), including a mortgage, or to the bank account of the person, who received the certificate, in the case of sending funds (part of the funds) of the maternal (family) capital for the construction (reconstruction) of an individual housing construction facility, carried out by citizens without the involvement of an organization carrying out the construction (reconstruction) of an individual housing construction facility property, or in the case of sending funds (part of the funds) of the maternal (family) capital to compensate for the costs incurred for the construction (reconstruction) of the object of individual housing construction.

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

17. If the application is satisfied, the transfer of funds (part of funds) of 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 the Resolution of the Government of the Russian Federation of November 27, 2010 N 937)

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

19. If the amount of funds (part of funds) of 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 on 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 organization's account 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.

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

b) on the commission of a deliberate crime related to crimes against the person against his / her 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 arose;

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

These Rules establish the types of expenses for which funds (part of the funds) of maternity (family) capital can be used 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 transferring these funds ...

Designation:	Bylaw 862
Russian name:	Rules for channeling funds (part of funds) of maternal (family) capital to improve housing conditions
Status:	acting
Date of text update:	17.06.2011
Date added to the database:	17.06.2011
Effective date:	12.12.2007
Designed by:	Government of the Russian Federation
Approved by:	Government of the Russian Federation (12.12.2007)
Published:	Collected Legislation of the Russian Federation No. 51 2007 Rossiyskaya Gazeta No. 284 2007

On the Rules for the allocation of funds (part of funds) of maternal (family) capital to improve housing conditions

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. To approve the attached directions of funds (part of funds) of maternal (family) capital to improve housing conditions.

2. To establish that the explanations on the application procedure approved by this resolution are given by the Ministry of Regional Development of the Russian Federation 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

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.

13. In the event that funds (part of the funds) of the maternal (family) capital are directed to repay the principal debt and pay interest on loans or borrowings, including mortgages, for the purchase or construction of housing (with the exception of fines, commissions, penalties for late fulfillment of obligations on these loans or borrowings), a person , who received the certificate, along with the documents specified in these Rules, submits:

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

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

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

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

e) a written obligation of the person (persons), in whose ownership the dwelling, acquired using the funds (part of the funds) of the maternal (family) capital, is certified in the manner prescribed by law, to register the said dwelling in the common property of parents, children (including the first, second, third child and subsequent children) and other family members living with them with the determination of the amount of shares by agreement within 6 months:

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

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

in other cases - after the transfer by the Pension Fund of the Russian Federation of maternity (family) capital funds (in the absence of encumbrances and when the housing construction object is put into operation);

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

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

14. The amount of funds (part of funds) of the maternal (family) capital allocated to pay off the principal debt and pay interest for using a loan or loan, including mortgage loans, for the purchase or construction of housing or as a payment against the payment of a share contribution, may not exceed the amount, respectively. the principal debt and arrears on the payment of interest for the use of the specified credit (loan) or the amount of the remaining unpaid amount of the share contribution required to acquire the ownership of the residential premises.

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

16. Funds (part of funds) of maternal (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 specified in the corresponding bank account of an individual (legal entity, individual entrepreneur), carrying out the alienation (construction) of 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 loan (loan), including a mortgage.

17. If the application is satisfied, the Pension Fund of the Russian Federation (territorial body of the Pension Fund of the Russian Federation) transfers funds (part of the funds) of the maternal (family) capital towards payment for the acquired (under construction) dwelling place within 15 calendar days from the date of crediting the funds to the account of the Pension 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 filing the application, if the application was submitted not later than October 1 of the current year, except for the case provided for in paragraph 18 of these Rules.

18. In case of satisfaction of the application regarding the direction of funds (part of the funds) of the maternal (family) capital to repay the principal debt and pay interest on loans or borrowings for the purchase (construction) of residential premises, including mortgage loans provided by citizens under a loan agreement (loan agreement) concluded with an organization, including a credit organization, through 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 these purposes no later than 2 months from the date these bodies make a decision on the application.