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- Under the roof of their own house: the conditions for the purchase of housing by immigrants from new regions may be softened
Under the roof of their own house: the conditions for the purchase of housing by immigrants from new regions may be softened
The State Duma proposed to make an exception for immigrants from the Kherson region in the ban on the sale of housing purchased with the help of social benefits. Now, according to the law, such real estate cannot be sold for five years. They want to mitigate the requirement in case of improvement of housing conditions with the help of preferential programs. The bill eliminates a legal gap, taking into account existing measures to support families with children, which will give migrants the opportunity to use maximum benefits and gradually improve their living conditions, experts say. Details can be found in the Izvestia article.
In a special order
Exceptions may be made to the ban on the sale of housing purchased by immigrants from new regions. This initiative was made by Nina Ostanina, Chairman of the State Duma Committee on Family Protection, Fatherhood, Motherhood and Childhood (KPRF faction), who submitted the relevant bill to the lower house of Parliament.
The exceptions will apply to displaced persons from the Kherson region who have bought housing at the expense of social benefits. The new norm proposes to allow the sale of such real estate in cases where it is a question of improving housing conditions using maternity capital and other preferential programs.
The explanatory note notes that the draft law was developed to fulfill the instructions of Russian President Vladimir Putin, who prescribes making housing more affordable for families. Another aspect is the systematic renovation of the housing stock.
The initiative is aimed at supporting families who have decided to improve their living conditions, but are unable to purchase or build new housing without selling what was purchased with the help of state support. The measure will also help families who are unable to provide for the maintenance of two residential premises at the same time.
The document recalls that the task of relocating citizens from Kherson and the Kherson region to other territories of Russia for permanent residence has already been solved. Displaced persons can apply for social benefits for the purchase of housing with the help of a state housing certificate.
However, cases of abuse of the state support mechanism have been identified in law enforcement practice, which is why restrictions on the possibility of using social benefits solely for the purpose of purchasing real estate for permanent residence have been introduced at the legislative level. It is prohibited by law to alienate such residential premises in the next five years after purchase.
Ostanina supports the established restrictions, but draws attention to the fact that the law does not take into account existing state support measures for families with children aimed at improving housing conditions. For this purpose, in particular, you can use maternity capital, get a preferential mortgage loan, social benefits for young families, payments to large families to repay mortgages and other support measures included in regional programs.
"The amendments proposed by the bill are aimed at guaranteeing assistance to those who really need housing, as well as improving housing conditions in the case of, for example, the birth (adoption) of a child. At the same time, the provided measures of protection against fraudulent actions and misuse of social benefits for the purchase of residential premises remain in place, when state housing certificates are sold for the purpose of subsequent resale of real estate," the author of the initiative emphasizes.
The editorial board of Izvestia sent inquiries to the Social Fund of Russia and the Communist Party of the Russian Federation. No responses had been received at the time of publication.
Balance of interests
Currently, there is no exact data on the number of homes that residents of the new regions have purchased, says Timofey Bashlykov, associate professor at the University of Finance.
"But, apparently, we can talk about tens of thousands of displaced persons, because back in 2023, Deputy Prime Minister of the Russian Government Marat Khusnullin stated that 53 thousand out of 68 thousand displaced persons from the Kherson region received housing certificates," the expert recalls.
The bill proposes to allow the sale of housing before the expiration of the five-year period, if the family improves living conditions using maternity capital, a preferential mortgage or a regional program, draws the attention of Sean Betrozov, a lawyer at the Moscow Chamber of Lawyers, a member of the Russian Bar Association.
— The idea is simple. We protect government aid from being profitably resold, but we give families the opportunity to legally expand or move when they really need it," he clarifies.
Providing housing for displaced people, especially families with children, is a key task for their successful integration, says Maria Koleda, head of the information department of the independent trade union Novy Trud.
"Access to permanent housing creates the basis for long—term planning, employment, education, and recovery from stress," she points out.
The bill eliminates a legal gap, taking into account existing measures to support families with children. This, according to the expert, will give migrants the opportunity to use maximum benefits and gradually improve their living conditions.
— Against the background of rising real estate prices and a shortage of high-quality housing in new regions, the sale of old housing for the purchase of a more suitable one is becoming vital. This creates a flexible mechanism that is especially important for families with children," says Koleda.
A complete ban without exceptions hits normal life scenarios, Betrozov believes. The proposed design balances the interests of citizens and the state.
"Control remains, but it becomes possible to maneuver with reference to understandable social tools," the Izvestia interlocutor believes. He believes that this is a reasonable compromise between protecting the budget and the interests of families.
To prove the need to improve housing conditions, you will need, according to the lawyer, a contract for new housing or an equity participation agreement, a loan agreement for a preferential mortgage or a decision on the disposal of maternity capital, or a document on a regional program. It is useful to attach a certificate of the composition of the family and a calculation of the security of the area.
— If maternity capital is involved in the new purchase, they prepare in advance the distribution of shares to children and, if necessary, the consent of the guardianship authority. With such evidence, the registration of the transaction will take place without interruption," says Betrozov.
Minimizing risks
The proposed initiative is really necessary, because if a family decides to improve their living conditions, then the children will live in more comfortable housing, said Igor Kim, a member of the expert council under the Commissioner for Human Rights, a public figure. But in this case, the guardianship authorities should work carefully so as not to infringe on the rights of minors.
Housing purchased as part of housing improvements should be subject to a similar ban on the timing of further sale, the expert is convinced. It is also necessary to provide a clear framework for the region of purchase.
This is important because in any system where financial transactions with real estate are allowed, there is a risk of fraud, Maria Koleda notes. However, they can be minimized with due attention from government agencies and clear regulations, she is sure.
"It is necessary to improve the quality of verification of transactions and transparency of transactions and create a closed system for using funds so that the proceeds from the sale can be used exclusively for the purchase of new housing through controlled accounts with mandatory verification of the final recipients and compliance of transactions with the stated goals," the Izvestia interlocutor believes.
There is always a risk of fraud when selling real estate, confirms Sean Betrozov. However, they will be visible on the documents.
— The fictitiousness of the improvement is visible in the parameters of the new apartment and in the composition of the family. If there is a discrepancy, the transaction will be suspended, and the materials will be sent to the authorized bodies," the lawyer draws attention.
The new exceptions will not become a loophole for scammers, provided they are implemented correctly. They are associated with specific support tools in which money flows through transparent channels, the expert emphasizes. The process includes notarial verification, bank control and state registration.
— In such a scheme, it is more difficult to fake the purpose of the transaction, and circumvention attempts are recorded quickly. In the case of illegal actions, the rules on the nullity of transactions and liability for misuse of payments apply. This deters those who want to circumvent the rules," the Izvestia source clarifies.
Strict multi-level control by Rosreestr, credit organizations and social protection authorities will help maintain the targeted nature of government support and prevent abuse by unscrupulous market participants, Koleda summarizes.
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