The rules for transactions with apartments purchased with matkapital are changing

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At the beginning of June, the State Duma plans to pass a law simplifying the sale of housing purchased with maternity capital.

Svetlana Razvorotneva, Deputy Chairman of the State Duma Committee on Construction and Housing and Communal Services, spoke about this.

According to current legislation, such an apartment cannot be sold until the mortgage is repaid.

In addition, it is necessary to allocate shares to children – this is a prerequisite for investing maternal capital in the purchase of real estate. Further implementation requires the consent of the guardianship authorities, and they may refuse: there is no legal regulation of the criteria.

These subtleties make it difficult to sell; as a result, square meters are sold at a price significantly lower than the market price.

If the adjustments proposed last year are adopted, then the children’s property will be transferred to a new apartment, and the consent of the guardianship will not be required. The main thing is that living conditions really improve, that is, the area should be larger or the cadastral value should be higher.

“Thereby, the rights of minor children to receive a share in residential premises are not infringed. And at the same time, citizens have the opportunity to exchange one home for another without losing value and thereby solve their housing problem,” the authors of the initiative indicated.

Adult family members, in turn, will have the right to renounce their shares in the apartment with maternal capital. So far, this possibility has not been legally enshrined anywhere, which runs counter to the provisions of the Civil Code of the Russian Federation.

The new law passed its first reading in February and was approved. It will come into force immediately upon final adoption and official publication.

Svetlana Razvorotneva added that at the same time, the issue of creating a database of apartments and houses purchased using the certificate is being resolved.

It is needed for the safety of future buyers, so that they can ensure that there are no encumbrances before concluding a transaction.