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- My housing: Gosuslugi wants to introduce additional verification for real estate transactions
My housing: Gosuslugi wants to introduce additional verification for real estate transactions
The authorities want to use Gosuslugi for additional verification of real estate transactions. This will keep customers safe. Deputies and the metropolitan children's Ombudsman appealed to the Ministry of Labor with a proposal to upload a cadastral number and register a share of property of minors there. This will allow you to check whether the maternity capital was involved in the purchase of this home. According to experts, today over 7% of transactions are opaque and can be challenged.
Why do they want to check real estate through Gosuslugi?
Gosuslugi wants to introduce an additional check for real estate transactions — to upload a cadastral number and register the share of property owned by minors. This will allow you to check whether the parent capital is involved in the purchase of housing during its subsequent resale, and guarantees the legality and transparency of the transaction. Deputies of the United Russia faction Svetlana Razvorotneva, Tatiana Butskaya, as well as Olga Yaroslavskaya, the Commissioner for Children's Rights in Moscow, addressed such a proposal to Anton Kotyakov, the head of the Ministry of Labor. Izvestia has reviewed the document.
"We receive numerous appeals related to the purchase and sale of housing purchased with the funds of the parent capital. In accordance with the law "On additional measures of state support for families with children", its use entails the obligation to assign shares in the property to the certificate holder, children and spouse. However, there is virtually no control over the fulfillment of these obligations," they inform the minister in their appeal.
It also notes that currently the Unified State Register of Real Estate (USRN) does not contain information on whether housing was purchased with the help of the parent capital.
"The lack of transparency of information on the use of maternity capital creates serious problems in the real estate market: buyers and regulatory authorities are unable to verify the use of these funds, and the likelihood of challenging transactions is increased, which may lead to the loss of children's housing rights," the document says.
In order to eliminate this problem, State Duma deputies propose to require that the cadastral number of real estate, the amount of maternity capital aimed at improving housing conditions, the date of the transaction and the type of operation: purchase, mortgage repayment or construction be indicated on State Services.
In addition, by analogy with the existing service of the Ministry of Internal Affairs for verifying the validity of passports, it is proposed on the Gosuslug portal to create the same public service for real estate, including with the possibility of receiving a "yes" or "no" answer about the use of maternity capital.
"The implementation of these measures will allow us to get a complete picture of real estate, including the use of maternity capital funds, and, if necessary, it will provide an opportunity to provide documentary evidence of living space to third parties," Svetlana Razvorotneva, deputy chairman of the State Duma Committee on Construction and Housing and Communal Services, explained to Izvestia.
In her opinion, the implementation of the proposed mechanisms will help to increase confidence in the real estate market, protect the rights of families with children, as well as reduce the number of court disputes and increase the effectiveness of state control over the use of budget funds.
Izvestia sent a request to the Ministry of Labor with a request to comment on the proposed measures.
What are the risks of housing resold with the parent capital
Today, it is very difficult to verify whether the mother capital was used when buying a home in the event of its resale. However, if there was such a fact of using funds, but it was not reflected in any way, then the deal may be challenged, Konstantin Barsukov, a representative of the Russian Guild of Realtors, told Izvestia.
— This is a big problem. In such a situation, all market participants have their eyes closed. Of course, we are asking if the parent capital has been used, but this is on the conscience of the owners, who will or will not want to provide us with the documents. And some people don't even ask about it. But if the parents have not given shares to the children, they may be required to do so after the sale of the apartment, which means that the transaction may be declared invalid," he explained.
At the same time, he noted that it is very difficult to name accurate statistics of such disputed transactions, since for this you need to have information about all court decisions. But in general, the share of market opacity ranges from 7% or more, since non-owners of housing are ready to defend their interests through the courts, and many do not even know that they have such a right.
Realtor, real estate expert Oleg Bendrikov believes that there are no problems with checking the cadastral number today, you can find out by ordering an extract from the Unified State Register of Legal Entities or on the Rosreestr website. As for the funds of the parent capital, the problem of its non-reflection does exist in transactions when paying off a mortgage or buying a second home.
— If a person took out a mortgage and after a year or two decided to repay it ahead of schedule with the parent capital, then such information is not displayed in the contract. And in this case, I would really like to see a graph about its use. This is especially true due to the fact that many novice realtors who do not have experience or sufficient competence do not request a certificate of the remaining capital. The deal is carried out, and then at some point the guardianship and guardianship authorities turn on and, of course, challenge it 100%, as the rights of the child are violated," the expert explained.
The majority of participants in the Matkapital program — 80% — direct funds to improve housing conditions mainly through mortgages, Ruslan Syrtsov, managing director of Metrium, said in a conversation with Izvestia.
— In apartments purchased with the help of maternity capital, a child's share is necessarily allocated, and parents can sell housing with a child's share only with the consent of the guardianship authorities. Now such deals are rarely disputed. The flow of fraud has almost disappeared due to the almost inevitable criminal liability for violators. Therefore, in my opinion, the meaning of the deputies' initiative is different. The measure looks justified, as it will simplify the data verification process for buyers, make the purchase and sale of such apartments faster and more transparent," the business representative believes.
Founder of SIS Development (developer of comfort-class residential complex "First Ryazansky") Yaroslav Gutnov, on the contrary, believes that the proposed measure will help protect the rights of minor owners and contribute to the legalization and transparency of settlements with the parent capital.
— A bona fide buyer will be able to find out in advance whether matkapital participated in the purchase of the facility. This is important because there is currently no reliable verification mechanism. Also, the introduction of a single digital database of information will reduce abuse and reduce the number of disputed transactions," he explained to Izvestia.
According to various estimates, about 10% of all transactions on the secondary market can be challenged, the expert said. According to him, it is impossible to determine exactly how much of them are problematic agreements due to the misuse of the parent capital, but in general this is not a rare problem. He also noted that this percentage may vary in the regions — a lot depends on how local authorities and the FIU work, because they can confirm or deny the use of the parent capital.
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