Housing certificate for the purchase of an apartment

Housing certificate for the purchase of an apartment

Hello readers! The problem of purchasing housing for many Russian citizens remains very relevant. Therefore, to resolve such complex issues, the government offers various programs that can help citizens of certain categories obtain their own housing. For this purpose, the state allows people in need to obtain a document such as an official housing certificate for the purchase of an apartment (GZS). We will consider its main provisions for 2023 in this article.

State official housing certificate: what is its essence?

Only those citizens to whom it was issued have the right to use a personal document. GZS gives the right to purchase finished living space from the state free of charge and can be considered as a targeted state subsidy.

An important advantage of the certificate is the fact that it allows you to purchase an apartment in any region (the conditions of other programs require the issuance of housing at your place of residence). The buyer also gets the opportunity to buy an apartment at a higher price than the subsidy allows, paying the difference at his own expense. When receiving living space from a special fund, this option is not considered.

The disadvantages of this program include the following factors:

  1. The certificate allows you to purchase an apartment with the number of rooms specified in the document. So, if the subsidy specifies a 2-room apartment of 42 square meters, then it will no longer be possible to purchase a 1-room apartment with the same area.
  2. In the document reflecting state standards, the price of 1 m2 is much lower than the market price. Therefore, it will not be possible to buy an apartment with the allocated amount and the specified dimensions. You'll have to pay extra out of your own pocket.
  3. You can use GHA only on the primary market, provided that it is already finished housing. Transfer of certificate funds is possible only to an individual or legal entity who owns state registration for the apartment.
  4. The disadvantage is that the purchase period is limited. It is difficult to find an apartment on your own in 9 months, so you will definitely need to involve realtors.
  5. Often sellers do not want to deal with civil housing construction, knowing that this procedure is very complicated in bureaucratic terms and takes about 2 months.

How is the certificate used in practice?

Housing certificate for the purchase of an apartment

When purchasing a housing certificate, people most often focus on new economy-class buildings that are less than 50% complete. Under such conditions, the cost of apartments is quite low.

How does one purchase housing using the subsidy amount?

Typically, such a purchase is made by low-income citizens, whose situation can only be alleviated by purchasing housing.

For your information! It is worth saying that in practice in the Moscow region it will be extremely difficult to buy housing for the amount provided. Therefore, most often you either have to buy housing in areas remote from the capital, or pay extra for the missing amount.

Housing and mortgage

Quite often, certificate holders attract a subsidized amount for a mortgage and offer it as a first payment when purchasing living space in a residential property that has already been put into operation. In this case, the amount of a long-term mortgage loan will not be very large.

Typically, individuals who plan to buy an apartment in a new building are not afraid of the bureaucratic “red tape” with the certificate. Developers, who still have a certain number of unsold apartments after the commissioning of housing, do not refuse buyers with a certificate.

How to cash a certificate?

The implementation of the HHS program involves the purchase of housing without cashing out funds. But there is no law that prohibits doing this.

For your information! The cashing out procedure is carried out by some real estate agencies. They find an apartment in the remote Moscow region that meets the required parameters. Next, the property is purchased and immediately sold to others. Thus, the certificate holder receives money (only in a smaller amount than the subsidy implies).

Housing certificate for the purchase of an apartment

The negative side of this scheme is that you may encounter scammers, as a result of which the person with the subsidy will receive a bad apartment. In this case, such a citizen will no longer be able to turn to the state for support, since he was illegally cashing out the targeted subsidy.

How to properly register civil housing construction in 2023: rules and instructions

After receiving the GLC, taking into account many bureaucratic restrictions, the certificate holder will need to take the following steps:

  1. Open an account in a bank (usually Sberbank). It will receive a targeted subsidy, which cannot be cashed out.
  2. Find an apartment (you can do this yourself or through a realtor). The seller can be either an individual or an organization. The certificate is valid for 9 months. Therefore, you can quickly find living space through a real estate agency.
  3. Draw up a purchase and sale agreement. It does not have to be certified by a notary. You can immediately register with Rosreestr or MFC. Payment of the deposit is formalized in the form of a notarized agreement.
  4. The document recording the transaction specifies the conditions for non-cash payment and other details of the payment. It also notes the bank accounts of the buyer and the selling person through which the transaction will be carried out.
  5. Upon registration of the living space, the owner will have to go to the bank where the subsidy funds are located and write a statement about the desire to transfer money to the account of the seller of the living space. Over the course of 30–50 days, the bank will check the possibility of completing the transaction based on a complete package of documents. This factor sometimes scares private sellers.
  6. When the money arrives in the seller's account, the buyer will need to receive a receipt from him that the money has arrived in his account. After this, a paper on acceptance and transfer of housing is drawn up. After this, with these documents you can go to Rosreestr (or MFC), where the owner of the civil housing construction will be provided with an extract from the Unified State Register of Real Estate, indicating his ownership of the purchased property.

Who is given the right to receive a housing certificate from the state in 2023?

Housing certificate for the purchase of an apartment

The legislative framework has certain provisions according to which certain categories of citizens will be provided with a certificate for the purchase of an apartment in 2023. The following can count on the purchase of civil housing construction:

  1. Citizens serving in the Ministry of Emergency Situations, the Armed Forces, the Ministry of Internal Affairs, the Federal Penitentiary Service, the Federal Drug Control Service and the FSB for 10 years or more. Employees who have left the service due to deteriorating health, and relatives of a soldier who died in service can also count on a subsidy.
  2. Workers of the Baikonur complex in need of relocation.
  3. Young people with an academic degree.
  4. Migrants (citizens of the Russian Federation) who are forced to leave another state.
  5. Citizens affected by the disaster that occurred at the Chernobyl nuclear power plant.
  6. Citizens leaving the territory of the Far North after a 15-year period of residence.
  7. Citizens who lost their homes due to natural disasters and force majeure situations. Also included in this category are:
  • persons who do not have a permanent place of residence;
  • persons living in dormitories, government and service apartments;
  • persons renting housing due to lack of their own living space.

For your information! If during the verification process it turns out that one of the family members has housing suitable for living, then the housing subsidy will be denied. They will also refuse if the applicant for the benefit has deliberately worsened his place of residence (for example, he previously sold/donated his real estate and acquired a worse one).

Are there any standards by which a housing certificate is issued? The legislation says:

  1. If the document is issued for one person, then it is allowed to buy an apartment of 33 m2.
  2. If there are 2 people in a family, then you are allowed to buy housing with an area of ​​42 m2 (this is the area that meets the established standards).
  3. If there are three or more people in the family, then 18 m2 is added for each of them.

Housing certificate for the purchase of an apartment

For your information! In order to apply for a civil housing contract in 2023 in Moscow, you will need to go to the relevant ministry where the service takes place. Citizens belonging to the preferential category will have to submit an application to the local government authority at their place of registration.

Types of housing certificates

Housing certificates are divided into several types, depending on the category of recipients:

  • UV (for military personnel and employees of the Ministry of Emergency Situations, Ministry of Internal Affairs, GUION and FSB);
  • State Civil Service (for those discharged from the army and those wishing to receive a Civil Society Service in various constituent entities of the Russian Federation);
  • MU (young citizens with an academic degree);
  • MC (individuals and families affected by the Chernobyl nuclear power plant);
  • BC (for people relocating from Baikonur);
  • VP (widows of fallen soldiers);
  • PS (for people moving from the Far North);
  • VP (forced resettlement of citizens of the Russian Federation from other countries);
  • B (widows of fallen soldiers).

What documents will be required in 2023?

To participate in the program, you must provide:

  1. Report (statement) of desire to participate in the program and consent to the use of personal data.
  2. Passport (copy and original).
  3. A document indicating the status of a beneficiary/immigrant (for employees, a mark of length of service will be required).
  4. A certificate from the house register and a photocopy of the personal account.
  5. A document specifying on what basis the applicant lives at the specified address.
  6. A paper confirming that after using the certificate, the person (family) will leave the official living space. In situations where housing is rented, such a document is not needed.

Housing certificate for the purchase of an apartment

If, after reviewing the documents, the commission makes an affirmative decision, the applicant will need to provide the following package of documents to the same institution:

  1. Statement (to employees - report).
  2. Passports (birth certificates of children) of all family members.
  3. An extract from the house register and personal account number.
  4. Papers confirming the applicant's blood relationship with family members.
  5. Other documents upon request.

Download a sample application for a state housing certificate

conclusions

Based on the information above, we see that the state allows a certain category of citizens of the Russian Federation to purchase housing at the expense of the budget treasury in 2023 and sets the conditions for how to obtain the right to a housing certificate if they do not have their own living space.

The difficulty arises in the fact that it is necessary to purchase an apartment within a short period of validity of the document (9 months), having overcome a number of complex bureaucratic obstacles. Therefore, experts recommend using the services of real estate agents who have an extensive database and experience in conducting this type of transaction.

Question answer

  • Question 1. Can the owner of a house that was destroyed by a landslide get a civil housing settlement? Answer 1. Yes, the family of a destroyed house will be able to receive a housing certificate, provided that the owners of the house do not have another home.
  • Question 2. How is the cost of a free housing certificate determined? Answer 2. The calculation of the amount of money provided under a certificate for the purchase of an apartment is carried out taking into account the social norms of living space and the average price of 1 m2 of the region of the Russian Federation where the right to purchase an apartment is issued.
  • Question 3. What should I do if I haven’t managed to purchase an apartment with a certificate within 9 months? Answer 3. The certificate is a document that allows a citizen of the Russian Federation to buy an apartment at the expense of public funds within 9 months from the date of issue. If a citizen does not manage to make a purchase within the allotted time, the document loses its validity.

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State housing certificate - what is it?

A person is rarely satisfied with his living conditions. In Russia, there are various categories of the population who are experiencing obvious difficulties with housing and are forced to rent apartments (or rooms) without having their own funds to purchase a house or apartment.

The state fulfills its obligations to provide citizens with housing with the help of a housing certificate.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to find out how to solve your particular problem, please contact the online consultant form on the right or call the numbers below. It's fast and free!

Housing certificate for the purchase of an apartment

Buying an apartment using a housing certificate

A housing certificate is a certificate that is issued by authorized specialized government bodies and confirms the right of a citizen to receive a special social payment from funds from the federal budget.

The certificate can be called a special type of bond , which will confirm the right of its owner to purchase housing in the existing housing stock.

Certificates are issued to a specific person and are personal; they cannot be transferred to other persons . This will be considered fraud.

receive such a social guarantee only once and for the purchase of finished housing only . You cannot invest it in a house that has already been built but has not yet been delivered. Repeated receipt of a housing certificate by the same person is prohibited at the legislative level.

The certificate can be used as a down payment on a mortgage (if you can find a bank that is ready to issue a mortgage loan for already rebuilt housing).

To receive a guarantee in the form of such a subsidy (and a free subsidy) from the state, you will need to contact local (or federal) executive authorities and declare your desire to take part in the Federal program.

Housing certificate for the purchase of an apartment

What documents are needed?

The categories that can count on participation in the federal program are quite diverse and the list of documents that will need to be provided differs. However, there is a list that needs to be prepared for all categories and additional documents will be attached to it:

  • Application for participation in the federal subsidy program.
  • Certificate confirming the need to improve living conditions.
  • Passport of a citizen of the Russian Federation (or another document that will verify the identity of the applicant).
  • If the applicant is a military personnel, it is necessary to provide a document confirming the vacancy of housing that was allocated at the last place of service . Until such a document is provided, you cannot count on receiving a bond.
  • An extract from the house register at the previous place of registration (which will confirm the need to improve existing living conditions).
  • A copy of the financial personal account at the place of residence where the applicant was previously registered.
  • Documents that will confirm the applicant’s relationship with each specific person whom (or whom) he indicated as members of his family.

If you want to know about the state program of affordable housing for young families, we advise you to read the article.

To whom is it issued?

Individuals who meet the list of requirements defined in current legislation can take part in the program.

These requirements include:

  1. Recognition of the applicant as a person without a specific place of residence (this means the complete absence of any residential premises suitable for permanent residence).
  2. Use for housing premises allocated in dormitories or other office premises in the absence of your own housing.
  3. Renting, that is, subletting (or commercial rental) of an apartment, house or room.

If one of the applicant’s family members is engaged in the construction of their own residential building at the time of filing the application or has already received a subsidy from the state under various programs, then the applicant himself is automatically excluded from the program.

State housing certificates are issued:

  • UV - military personnel, employees of the Ministry of Internal Affairs, FSB, GUION, Ministry of Emergency Situations (together with family members);
  • GI - citizens discharged from military service and receiving a certificate in the constituent entities of Russia;
  • BC - those resettled from Baikonur . Permanent workers of the Baikonur complex, as well as those who need to be resettled from this territory to ensure their safety.
  • PS - citizens leaving the regions of the Far North and having a total work experience in these regions of at least 15 years.
  • B - widows of military personnel who died while serving in the Armed Forces.
  • MU - young scientists.
  • VP - forced migrants , including those from other states, who have received citizenship of the Russian Federation.
  • MC - citizens affected by the disaster at the Chernobyl nuclear power plant.
  • A - citizens who lost their housing as a result of any natural disasters or emergency situations.

Housing certificate for the purchase of an apartment

How to get a housing certificate?

  • If, after submitting all the necessary documents, government authorities made a decision in favor of the applicant to include him in the program and issued the appropriate documents confirming his right to receive housing, it is necessary to proceed to the next stage, namely the implementation of the certificate.
  • The certificate must be sold within a fairly short period of time - no more than nine months from the date of its issuance (this is how long the certificate is valid).
  • After receiving the certificate, the citizen must open a target account in an authorized bank within 2 months; money is not issued to the applicant.
  • After opening the account, the period of searching for suitable housing begins; you should spend no more than five months on it in order to meet the validity period of the bond.
  • Houses that have been built but not yet commissioned cannot be considered as housing, since according to the rules in force today, the subsidy amount can only be spent on finished housing, that is, housing that has already been commissioned and has passed the entire state registration procedure.

The cost of a housing certificate is calculated based on the social norm for living space and the average market cost of 1 m² of housing in the territory of the subject of the Federation where the certificate is issued.

The established social housing standard today is:

  1. For a family of 1 person - 33 m²;
  2. For 2 people – 42 m²;
  3. For a family of 3 or more people – 18 m² per family member.

When housing has been selected, it is necessary to register the real estate purchase agreement with the relevant authorities that register the emergence of ownership rights to a particular property.

You may be interested in an article on how to terminate a real estate purchase and sale agreement after registration; you can read about it here.

Not every seller can agree that he will not receive money from the sale of an apartment immediately, but only some time after state registration of the transfer of ownership of real estate.

After the agreement has passed the appropriate registration procedure and the owners have received their certificates, the applicant, with all the received certificates, contacts the bank, where these documents are presented.

Housing certificate for the purchase of an apartment

  1. Based on the results of registration, the resulting living space is registered in the name of all registered family members whom the applicant indicated when submitting documents for participation in the program, with each receiving a certificate of ownership of their share.
  2. The bank, having received evidence of the legal ownership of the selected housing, contacts the Federal Treasury (since the account is in a blocked state and only this body can unblock it) and within ten days payment for the purchased housing occurs .
  3. If the amount of the subsidy received is less than the cost of the living space, then the text of the contract must (and this is a mandatory condition) indicate in what order the missing part will be repaid and within what period.

We invite you to download a sample of a personalized state housing certificate: Download the form.

Certificates for military personnel

A serviceman gets on the waiting list for an apartment only after three years of service.

Military personnel and persons equivalent to them can apply for a certificate one year before dismissal from service , if such dismissal occurs due to the person reaching the age limit up to which he can serve and only if the total length of service (in terms of the calendar calculation mode) will be ten years .

To participate in the program and receive a housing certificate, you must submit a report . The report is the basis for inclusion in the list for receiving a housing certificate; the queue is formed by the commander together with the housing commission of the unit at the last place of service.

The sooner the report for receiving a housing certificate is written, the sooner it will be your turn to receive it.

The report must indicate the place of future residence . Military personnel have the right to choose any subject of the Russian Federation for permanent residence. Recipients of certificates discharged from military service have the right to purchase housing only in the constituent entity of the Russian Federation where they are registered for improvement of housing conditions.

Documents that must be provided to military personnel to participate in the GHS program:

  • Report;
  • Information about the serviceman and his family members;
  • Certificate from the military unit about family composition;
  • Certificate from the military unit about length of service (calendar);
  • Certificate about the period of transfer to the reserve (according to which directive);
  • Certificate of absence of reserved housing for all adult family members;
  • Certificate of no loan;
  • Certificate of housing rental from the previous place of service;
  • Certificate of absence of privatized housing for all family members;
  • Copy of financial personal account;
  • Guarantee obligation to vacate housing (signed by all family members) upon receipt of the certificate;
  • Copies of marriage and birth certificates (for minor children);
  • Certificate from the place of study - institute, school;
  • Passports of all adult family members;
  • Address certificate from the HR department;
  • Extract from the minutes of the meeting of the housing commission of the military unit.

Since 2016, military personnel will be able to obtain housing only through the military mortgage program.

There is a microdistrict in Moscow that was built specifically for military personnel. We invite you to watch the video.

Didn't find the answer to your question? Find out how to solve exactly your problem - call right now:Housing certificate for the purchase of an apartment It's fast and free!

Agreement for the purchase and sale of an apartment under a housing certificate

The purchase and sale of an apartment under a certificate has a number of features that are mandatory for both counterparties - the buyer and the seller. A housing certificate is one of the forms of state support for the population. A certificate is issued to categories of persons strictly defined by existing legislation, for the sole purpose of purchasing a ready-made home.

Any violation committed during the purchase and sale transaction may be regarded as fraud. As a result, such a transaction is protested and declared invalid. To avoid this, housing certificate holders should carefully read the rules for purchasing an apartment using a housing certificate.

What is a housing certificate

Housing certificate for the purchase of an apartment

A housing certificate is a special kind of gratuitous subsidy provided by the state to a specific person. However, this subsidy has a number of restrictions:

  • Issued exclusively for a strictly defined purpose - the acquisition of housing that is already ready and accepted for use.
  • Is named. That is, the certificate is issued to a specific citizen, and it is no longer possible to transfer it to another person, even for a certain fee, even free of charge.
  • You can only receive a housing certificate once. Its re-issuance is not provided for by current legislation.
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The right to receive a housing certificate is available to a narrow circle of people who are subject to the relevant federal program, which began to operate in 2002. These groups of people include:

  • Military personnel (contract soldiers, officers), as well as employees of paramilitary units of a number of other government agencies - the Ministry of Internal Affairs, the FSB, the Ministry of Emergency Situations and the Inventory and Assessment Department. The certificate is issued when these citizens retire or upon expiration of a certain period of service.
  • Persons moving from ZATO Baikonur (formerly Leninsk, Kazakhstan) to the territory of the Russian Federation. This provision applies exclusively to citizens of the Russian Federation.
  • Immigrants from regions located in the Far North, as well as from areas officially classified as such.
  • Forced migrants from other regions of the country, as well as from other states. In the latter case, foreigners applying for a housing certificate must first obtain Russian citizenship.
  • Young scientists who fall under the relevant state program.
  • Citizens of the Russian Federation who suffered during the Chernobyl disaster. This includes both persons who took part in the liquidation of the consequences of the accident and citizens who lived in the area affected by the radioactive release.
  • Families in which one of the spouses died in the line of duty while serving in the Russian army.
  • Citizens who have lost their homes as a result of natural disasters, man-made disasters and other similar situations.

At the same time, the above categories of citizens, as well as their family members, should not own any living space.

Using a housing certificate

Housing certificate for the purchase of an apartment

The housing certificate cannot be cashed - it is intended exclusively for non-cash payments for purchased housing. The size of the certificate in monetary terms depends on two factors:

  • The average price for finished housing in a given region. For some cities, increasing coefficients are set individually.
  • The number of family members the recipient of the certificate has. According to housing standards, a minimum of 32 m2 is required for one person, 42 m2 for two people, and 18 m2 for each person for a family of three or more members.

After receiving the certificate, its owner must present this document to the bank no later than 2 months. Bank employees check the document for authenticity, legal ownership and compliance with filing deadlines.

After this, a bank account is opened in the name of the housing certificate applicant. But even if for some reason the submission time is missed, do not worry. In this case, the certificate is not canceled, and its owner does not lose the right to preferential purchase of housing.

To extend the validity of a housing certificate, it is enough to submit an application to the institution that issued it.

In a situation where the owner of the certificate wants to purchase housing that exceeds its monetary value, he has the right to pay the difference from his own funds.

It is also possible to use maternity capital or a bank loan for these purposes. When applying for a mortgage loan for an apartment, the housing certificate acts as a down payment for the purchased housing.

After transferring the certificate to the bank and opening a personal account, the document is no longer returned to the owner.

When choosing an apartment, the buyer should pay attention to the following nuances:

  • A housing certificate can only be used to purchase ready-made housing. With its help, it will not be possible to purchase an apartment in a building under construction, for example, by investing the certificate in shared construction.
  • Housing purchased under a housing certificate must be fully owned by the seller and not have any encumbrances.
  • The apartment must fully comply with the requirements of housing and sanitary standards.

Preparation of contract

Housing certificate for the purchase of an apartment
Download the apartment purchase and sale agreement under a housing certificate

When purchasing an apartment using a housing certificate, as with other real estate transactions, it is necessary to draw up a purchase and sale agreement. It should contain the following information:

  • The procedure for paying for an apartment is a lump sum payment of the entire amount or separate payments over a certain period of time. The contract should indicate the exact dates of payments, in accordance with the agreement with the seller.
  • Also, in the “payment” clause of the drawn up agreement, it should be noted that the payment is made by non-cash method, with the transfer of funds from the state budget.
  • Number of the account opened in the name of the owner of the housing certificate at the bank. Payment for the purchased apartment will be transferred from it to the seller.
  • Accurate information about the housing certificate - registration number; date of issue; name of the institution that issued the document.
  • When payment for a purchase is made in installments, it should be indicated that until the price is paid in full, the apartment is pledged to the seller.

After drawing up and registering the agreement at the notary’s office, the bank transfers money from the certificate holder’s current account to the account of the residential real estate seller.

Until then, this account is blocked in accordance with legal requirements, and money can be transferred from it exclusively for its intended purpose, that is, for the purchase of housing.

The timing of money transfer depends on the type of housing certificate and the specifics of the banking organization. Usually the amount arrives in the seller’s account within a few days, maximum 2-3 weeks.

The transfer of ownership from the seller to the buyer occurs only after full payment of the cost of the purchased apartment or house.

Until then, the property is pledged to the seller, and if funds are not received in full within the agreed time frame, he has the right to terminate the transaction.

In practice, this is only possible in a situation where the owner of the certificate wants to buy an apartment that exceeds the monetary value of the housing certificate, paying extra from his own pocket.

Budget money lying in the target bank account is transferred without any problems, provided that all required documents for the apartment are provided. If the additional payment is made in the form of a mortgage loan, then the transfer of bank money also occurs on time.

Delays usually occur when the buyer, at the time of concluding the contract, does not yet have the necessary amount to cover the difference in price. The housing certificate then acts as an advance, but problems may arise with finding the remaining amount.

In this case, if it is not possible to agree with the seller to extend the payment period, the money already transferred from the bank account is returned back, and the unsuccessful buyer vacates the property.

Possible pitfalls

Housing certificate for the purchase of an apartment

Buying a home is a very important step, and you should approach it carefully. Be careful if you are offered to enter into a transaction by a representative of the home owner, acting under a power of attorney. In this situation, it is necessary to check the validity of the document at the notary office where it was registered. Among the most common problems associated with a power of attorney are:

  • The validity period of the document has expired, which deprives the authorized person of the right to draw up any documents on behalf of the apartment owner.
  • Fraudsters using a fake power of attorney. After transferring money and moving into the apartment, its rightful owner may suddenly appear, who either did not know about the sale of his apartment (for example, if he rented it to fraudulent sellers), or is an accomplice in the scam.
  • The person who issued the document died. In this situation, the heirs become the owners of the apartment, and the power of attorney is automatically revoked.

When purchasing an apartment that exceeds the value of the certificate, you should not pay the difference in price in the form of an advance. This is especially true if the overpayment is a significant amount.

It often happens that if the deal fails, the buyer has problems with returning the advance payment already paid.

As a result, you have to “extract” money through lengthy court hearings, which take a lot of time and effort.

Another potential danger lies in the seller's attempts to circumvent tax laws.

According to the provisions of the NKRF, each seller is obliged to pay income tax to the budget on the concluded compensated transaction. The amount of personal income tax today is 13% of the amount of profit.

That is, having sold an apartment for 1 million rubles, a citizen must transfer 130 thousand rubles to the state budget, which is not everyone’s cup of tea.

The result is attempts to underestimate the cost of the transaction on paper, indicating, for example, instead of a million, only 500 thousand. But the buyer should take into account that by meeting the seller halfway and understating the cost of housing in the contract, he thereby exposes himself to risk. If the deal is terminated, he will not be able to return the million actually paid, but only the amount specified in the contract.

There are many reasons for terminating a deal. For example, a homeowner was officially declared legally incompetent by a court. Consequently, he does not have the right to enter into any transactions or agreements.

Of course, expressing doubt about a person’s ability to account for his actions is somehow not entirely decent.

But by requesting a certificate from a mental health clinic from the seller when concluding an agreement to purchase an apartment, you will protect yourself from possible problems.

Another option is that the seller inherited the apartment, but there are some other heirs challenging the will. In such a situation, the purchase and sale agreement, at their request, may be declared invalid.

To do this, carefully read the title documentation - on what grounds and as a result of which this residential property became the property of the seller. If the apartment was received by inheritance or as a gift, this is a reason to be wary and contact the notary who opened the inheritance case.

It is quite possible that there will be some so-called obligatory heirs, or other persons making their claims to the housing you are purchasing.

In general, purchasing a home using a state certificate is almost the same as a regular purchase of real estate.

If you are unsure of the depth of your legal knowledge, it is best to seek help from a professional.

A qualified lawyer practicing in the field of housing law will provide you with a full range of legal services - from the correct drafting of an agreement to monitoring the purity of the transaction.

How to buy an apartment using a housing certificate

State housing certificate, what is it?

The problem of providing adequate housing conditions still remains extremely relevant for the majority of Russian citizens. Therefore, the state uses many different programs to make it easier for certain categories of people to purchase their own apartment.

One of these methods is a home purchase certificate (HPC). Therefore, it is worth considering in detail its fundamental difference from other programs, as well as who and how can receive this certificate.

Housing certificate - what is it?

Housing certificate for the purchase of an apartment

A state housing certificate is a personal document, the right to use of which belongs exclusively to the person to whom it was issued. This certificate is often confused with securities, but this is an erroneous judgment. Since a document can be cashed using so-called “gray” methods, which, on the one hand, do not violate current legislation, but on the other hand, contradict the principles of the purpose of the certificate itself.

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The main advantage of GSG is that the buyer is not tied to any region. Therefore, the allocation of a finished apartment from special funds is carried out at the place of residence of a citizen who needs to improve living conditions. GSG, in turn, allows you to purchase real estate in any region of the country.

In addition, the recipient has the right to pay the difference in price from his own funds if he wants to purchase more expensive living space than is provided for by the subsidy. When receiving a finished apartment from the fund, a citizen does not have this opportunity.

The disadvantages of GSG include the following factors:

  1. The certificate can only be used to purchase an apartment with the specified number of rooms and sizes. That is, if a subsidy is allocated for the purchase of a two-room apartment with an area of ​​42 square meters, it is impossible to buy a similar one-room property using the GSG. The same applies to smaller rooms.
  2. The cost of one square meter calculated according to the standards, in most cases, is significantly lower than market indicators. Why is it almost impossible to find an apartment of the specified size in a more or less attractive area or city without additional payment from personal funds.
  3. HSG can be used in the “primary” market, but exclusively for the purchase of finished housing, and not under construction. Since the funds are transferred exclusively to a legal entity or individual who has state registration of ownership of the property being sold. Also, the period for which the certificate can be used is only 9 months, which is less than the minimum period for the construction and commissioning of apartment buildings.
  4. Many private owners do not want to contact buyers who have HSG, since verification of the use of the subsidy sometimes takes up to two months. And the procedure itself is quite complicated in bureaucratic terms.

Using the certificate in practice

Very often, recipients of certificates are guided by the use of the document in the purchase of housing under construction in modern economy-class apartment buildings. This is due to the fact that in complexes with 30-50% readiness, prices per square meter are quite low, while the guarantee of successful commissioning of the facility is relatively high.

Housing certificate for the purchase of an apartment

In fact, the so-called “primary” market implies not only “future” apartments, but also those already put into operation. In other words, a new building is a finished house, with registration of ownership of each apartment, but not yet “lived in”. Prices for such apartments can be formed in completely different ways.

At the same time, about 10,000 certificates are issued annually in the country, and most recipients become happy owners of their own apartment. Let's look at the practical methods used by owners of home-sharing associations.

Purchasing exclusively with a subsidy

This method is used by citizens who are least critical in choosing the location of an apartment. Most often, such loyalty is caused by a difficult financial situation, when the mere presence of an apartment is already a way out of a difficult situation.

In reality, this method of using a certificate is not the easiest.

Because if, for example, you need to purchase an apartment in the Moscow region, then even in settlements extremely remote from the capital, it is sometimes difficult to find real estate that meets the price and parameters provided for in the GSG.

That is why such a purchase is rarely made without additional payments from personal funds. It is much easier to carry out housing transactions using certificates in less attractive regions of the country.

Use of GSG in mortgages

The most common way is to attract a subsidy through a certificate as a down payment for the purchase of housing in a new building. As already noted, we are talking about ready-made apartments, but with the use of a long-term mortgage loan, which significantly eases the financial burden for the majority of citizens who own certificates.

Moreover, individuals who en masse purchase housing at the project stage for subsequent resale are ready to face bureaucratic difficulties in using the certificate. The same applies to developers, who, as a rule, are left with some part of unsold premises after putting the house into operation.

The complexity of this technique lies in the fact that a limited number of banks are able to provide a loan using a subsidy. In addition, a long-term debt obligation arises, which mainly negatively affects the usual way of life.

Cashing out a certificate

As already noted, there is a method of cashing out the GSG, which does not violate the law, and therefore is absolutely legal, but still contradicts the principles of the existence of the program.

This method is implemented through real estate agencies, which find an apartment that matches the price and parameters, for example, in some remote locality in the Moscow region. Then the property is purchased, but there is no need to move into the premises, since the property will be immediately sold to another person.

In fact, this is a purely formal purchase and sale, since the law allows the certificate holder to dispose of the purchased home at his own discretion. As a result, the certificate holder receives real money, but in a smaller amount than provided by the subsidy.

The danger of this procedure is that in the event of fraud on the part of a real estate agency, the certificate holder will not be able, in a number of situations, to receive support from the state.

Since, firstly, he is an accomplice in the method of cashing out targeted funds, and secondly, such traces are most often drawn up without violating the current legislation.

As a result, the certificate holder may receive a completely unprofitable apartment that he would never have bought.

Housing certificate for the purchase of an apartment

How to get housing from the state for free

What documents are needed to apply for a mortgage on an apartment - https://1pokvartire.com/dokumenty-dlya-ipoteki/ 

Necessary actions after receiving the GSG

As already noted, simply holding a certificate is not enough, since its use is limited by a number of bureaucratic actions.

Therefore, the procedure for using an existing GSG will look something like this:

  1. Opening a special blocked account in a banking organization authorized by the Central Bank of the Russian Federation. The funds that will be transferred to this account are earmarked, so the certificate holder will not be able to transfer or cash them. Most often, such accounts are opened in Sberbank.
  2. Contacting real estate organizations is not mandatory. The seller of real estate can be either an individual or a legal entity. But the certificate is valid for 9 months. Therefore, it is often extremely difficult to purchase suitable real estate under the GSG without the help of qualified intermediaries.
  3. The purchase and sale agreement does not require notarization, but is registered with the MFC or Rosreestr. In this case, the act of acceptance and transfer of the object or the preliminary purchase agreement with payment of a deposit must be notarized.
  4. In the document confirming the transaction, it is necessary to indicate the fact of non-cash payment, as well as all other payment terms. In addition, the bank accounts of both the buyer and the seller are displayed, which will be used in the transaction.
  5. After registering the agreement, the certificate holder must contact the bank where the funds for the GSG are stored with a request to transfer the required amount to the seller. The complexity of the procedure lies in the fact that banks verify the authenticity and correctness of the transaction within 30-50 days, while requiring the provision of a full package of documents, including copies of the seller’s passport. This often scares off private homeowners.
  6. After the funds have been transferred to the specified account, the buyer needs to receive a receipt from the seller confirming receipt of the money, and also draw up an act of acceptance and transfer of the apartment itself. Then these papers are submitted to the MFC or Rosreestr. Only after this the certificate holder will receive an extract from the Unified State Register of Real Estate, confirming that he is the new owner of the purchased apartment.

Obtaining a housing certificate

To date, GSG is issued:

  • employees and employees of the Armed Forces, the Ministry of Emergency Situations, the FSB, the Ministry of Internal Affairs, the Federal Drug Control Service and the Federal Penitentiary Service who have been in service for at least 10 years. As well as citizens who were dismissed from service for health reasons and close relatives of military personnel who died while performing their duties;
  • employees of the Baikonur complex who need to be resettled on the territory of the Russian Federation;
  • migrants from the Far North whose work experience is no less than 15 years;
  • young scientists;
  • forced migrants, including from the territory of other states, but who are citizens of the Russian Federation;
  • persons who suffered from the man-made disaster at the Chernobyl nuclear power plant;
  • persons who have lost their own housing due to natural disasters or any emergency situations.

It is necessary to take into account that certificates are issued to people or families from the listed categories who do not have their own housing or need to improve their existing conditions.

These include:

  • persons who do not have a permanent place of residence;
  • living in municipal or service apartments, as well as dormitories;
  • persons who are forced to rent a room, apartment or house, subject to the complete absence of their own housing.

In addition, if during the inspection it turns out that the applicant for the certificate has worsened the living conditions for himself and his family by selling, donating or exchanging a suitable property, the subsidy will be denied.

Certificates for the purchase of an apartment are issued according to the following standards:

  1. For one person who will live separately – 33 m2.
  2. For a family of two – 42 m2.
  3. For a family consisting of three or more persons, an additional 18 m2 is allocated for each person.

To obtain a GSG, a citizen must contact the department of the relevant ministry or institution of which he is an employee. Persons falling under these preferential categories must submit an application to the housing commission of the municipal council at their actual address.

To submit an application, download the standard form

Housing certificate for the purchase of an apartment

Sample - Download

To consider the issue of providing GSG, the following documents are submitted:

  1. Original and copy of the passport of a citizen of the Russian Federation.
  2. Certificates confirming the status of a beneficiary or a forced migrant, or documents on length of service - for employees of the specified departments and ministries.
  3. Documents about family ties with family members who will also qualify for the subsidy. As a rule, these are marriage and birth certificates.
  4. An extract from the house register at the location of the apartment in which the applicant for the certificate lives and a copy of his personal account.
  5. A document confirming the basis on which the person lives at this address.
  6. Confirmation that the citizen will leave the occupied premises after receiving the certificate. It is necessary if the applicant and his family live in municipal or service housing, as well as in a facility that has the status of an emergency and unsuitable for use. In the case of rented premises, such a document is not required.

It is also necessary to remember that the commission considering the issue has the right to request any other documents necessary to verify the information.

Housing certificate for the purchase of an apartment Link to main publication