- Inga Kaysina
- 2 933
If a family has a private house, Russian legislation allows the use of maternal capital funds to reconstruct an old building. The funds are paid specifically to the family. Family members are obliged to carry out reconstruction on their own, and not by transferring money to any construction company. After all, then a significant part of maternity capital funds will not be invested directly in reconstruction.
What innovations can be considered reconstruction
Reconstruction means the implementation of certain work that can increase the total area of the mansion to a size corresponding to the accounting standard for housing area, no less.
And the concept of “accounting norm” corresponds to the area of living space of the permissible minimum size. In other words, the house after reconstruction must comply with social norms. Using this indicator, local governments determine the extent to which citizens living in a given area are provided with housing.
How to get maternity capital for home reconstruction
Receiving funds from maternity capital is possible in two cases: before the work is carried out and after its completion. In both cases, to transfer money you will need to first obtain a certificate for maternity capital.
To do this, you should send a corresponding application to the Pension Fund and attach to it a copy of the applicant’s passport and birth certificates of all children in the family.
applications for the issuance of a state certificate for maternity (family) capital.
After receiving the certificate, its holder has the right to contact the Pension Fund or the multifunctional center of the MFC with an application to transfer money for the reconstruction of a residential premises. This document can be submitted in person or sent electronically using the State Services website.
The list of mandatory documents that a citizen must provide along with the application is established in the Federal Law on “Additional. measures of state support for families with children.” A number of documents were excluded from it in 2020 to simplify the procedure for obtaining a certificate.
If the reconstruction has not yet begun, then along with the application the certificate holder must prepare the following package of documents:
- Certificate for family capital;
- Passports of the parents of the child whose birth became the basis for receiving funds;
- Marriage certificate of the parents, if the house is owned by the child’s father;
- Documents confirming the right of ownership of residential premises and land;
- BTI decision on the need (possibility) of reconstruction work;
- Consent to register the residential premises as common shared ownership within 6 months. This document is necessary if the house or apartment is not in common ownership of all family members. It is drawn up by a notary and requires its certification;
- An extract with the personal account number to which funds will be credited.
If the necessary reconstruction work has already been completed, then in addition to the general documents for registration of maternal capital, the family will need to provide:
- A document confirming the reconstruction of a residential premises, issued by an authorized government agency;
- An act from the body that controls the implementation of these works.
A mother and/or father deprived of parental rights in accordance with the procedure established by law are not entitled to receive funds under a family certificate.
The application submitted to the Pension Fund is reviewed by its employees, after which a decision is made on the possibility of transferring funds. The response must be given in writing no later than one month from the date of receipt of the documents.
applications for the disposal of funds (part of the funds) of maternal (family) capital.
If a positive decision is made, the required amount will be transferred within 10 days. If the reconstruction work has already been completed at the time of filing the application, then the entire amount of compensation is transferred at a time.
If construction has not yet begun, the Pension Fund will transfer only half of the required amount to the specified account. The certificate holder will be able to receive the rest of the funds after 6 months.
Expert opinion
Alekseev Dmitry Yurievich
Lawyer with 6 years of experience. Specialization: civil law. Member of the Bar Association.
At the same time, he will have to confirm that the work is already being carried out. For this purpose, a special commission will visit the venue. You will also need to report on the funds spent, provide the necessary receipts and invoices.
If the Pension Fund of the Russian Federation discovers that funds have been misappropriated for their intended purpose, the responsible person may be brought to criminal liability. This measure is provided for in Article 159.2 of the Criminal Code of the Russian Federation and involves the imposition of a fine, as well as compensation to the state budget for maternity capital funds and deprivation of the right to them in the future.
Save and share information on social networks:
Maternity capital be used , however, these funds can be used for housing reconstruction , as a result of which the total area of the living space has increased by at least one accounting norm. This value is established by local governments in accordance with paragraphs.
4, 5 tbsp. 50 of the Housing Code of the Russian Federation.
Depending on the locality, the accounting norm for the premises provided can range from 10 to 18 square meters. meters _
When using maternity capital for housing reconstruction, the following features should be taken into account:
- to manage the amount in this direction earlier than three years after the birth or adoption of a second child (without waiting 3 years, this can only be done to repay a targeted loan or loan, including one secured by a mortgage, issued for the purchase or construction of housing).
- To carry out reconstruction on your own, as a general rule no more than 50 percent of the certificate amount ; the rest can be used after 6 months, provided that an inspection certificate has been received on the completion of the main work.
- The certificate can also be used to reimburse costs (compensation) for house reconstruction work already carried out after January 1, 2007.
Permission to dispose of maternity capital funds
This money can be used for reconstruction only in one case: if as a result it is possible to increase the residential area.
Moreover, the norm for expanding the area of a house in each region is established separately. Its calculations are carried out by local authorities. Must be taken into account!
Reconstruction in the period from 2020 to the end of 2020 is allowed only in your own house, that is, a separate one, built individually. In practice, issues regarding expansion of the area can only be resolved by:
- those household members who live in the mansion;
- their relatives;
- Close friends.
It is unacceptable to give part of the funds to construction campaigns!
In addition, the reconstruction of an apartment located in a two-apartment building with one floor is allowed only after all documents regarding the transfer of housing to the status of a “residential building” have been completed.
How to use maternity capital for home reconstruction
As you have already understood, maternity capital can be used to reconstruct your home.
There are several ways to use capital:
- Family type capital is designed to be spent only when the child turns 3 years old. If the parents decide not to wait for this period, then she may even receive compensation for the funds spent after the age of three.
- Raising funds from capital is also a fairly common method, but we draw your close attention to the fact that in this case it will not be possible to repay the loan early using maternity capital, since the bank has the right to repay only loans for the purchase of new housing or its construction.
- Also, do not forget that, in accordance with the legislation of the Russian Federation, all those reconstruction measures that you intend to carry out must be done independently without the involvement of any repair companies, teams, and especially contractors.
There is one more feature that allows you to protect maternity capital funds from incorrect spending. The state has established the following procedure for issuing an amount for modification of housing:
- The state, or rather the Pension Fund, immediately (after approval of your application) transfers the first half of the total amount to your card.
- After this, after six months, a special body will come to check and monitor the construction, which will record whether the money was actually spent on reconstruction or not.
- If you and your living space pass the inspection, then the second half is transferred to you and after that you can begin to complete the reconstruction.
Ways to expand the area of the house
The expansion of the house is carried out by constructing superstructures or extensions in the form of:
- additional vestibule;
- one more floor;
- attics;
- closed veranda, etc.
The municipality has a special body where this issue can be clarified.
That is, to find out whether the planned reconstruction of the house can really be considered its reconstruction. Don't be confused!
State financial assistance should be used exclusively for its intended purpose. The family cannot spend this money on even major repairs carried out in a private house or in their apartment. The use of maternal capital does not include expenditure items such as “repairs”. It is allowed to direct money specifically for reconstruction.
Initiative to expand the list of purposes for which maternity capital can be spent
In Russia, the list of purposes for which young families will be able to use maternity capital received from the state at the birth of a child may soon be expanded. The initiative was taken by the All-Russian Popular Front.
As the initiators emphasized, according to research, not every family in Russia wants to use the funds received to purchase new or secondary housing. Most young married couples would like to spend money on improving existing living conditions, that is, renovating a house or apartment.
Another of the most pressing goals is purchasing a car when children are born. Thus, Russians prefer to use maternity capital for convenience both for themselves and for newborn children.
If the initiative is supported, then already in 2020, officials may, at the legislative level, allow the use of maternal capital for repairs and refurbishment of living space.
It is currently known that the relevant State Duma committee on housing policy and housing and communal services are ready to join the discussion of this issue, as well as support the initiative. The parliamentary factions also reacted positively to this.
What types of renovation cannot be considered reconstruction?
- drilling to a water source.
- well installation.
- connecting the building to the heating system.
- sewerage installation.
- replacement of windows and doors. Even if it is for the purpose of energy saving.
- installation of engineering systems for any other purpose.
Although all these works significantly increase the comfort in the house (which can be considered the most important for household members), improve the condition of the building itself, and increase its value, the total area of the mansion still does not increase. In any case, there is no significant increase. That is, one that would correspond to the accounting norm.
Under what conditions is financial support provided?
In order to receive financial assistance in the form of maternity capital and begin reconstructing their home, a family will need to meet a number of requirements.
Condition one.
Money can be used to rebuild a building after the child turns 3 years old, and not earlier. If you submit documents to the Pension Fund before the child reaches the specified age, the funds will not be transferred to the parents.
However, there are situations when it is urgently necessary to carry out the specified work. It is recommended to spend personal savings, and then seek the allocation of funds from maternity capital in the form of compensation. Therefore, it is necessary to preserve all evidence confirming the reconstruction was carried out during the specified period:
- photo (video) of the site before and after its improvement;
- checks, receipts for the purchase of materials, rental of special equipment (for special needs);
- written confirmations from other construction participants;
- testimonies from neighbors, etc.
Condition two.
Maternity capital can be used exclusively for the reconstruction of housing owned by the applicant (applicant) or his legal spouse (husband). The same condition applies to the land on which the house is built.
Condition three.
It should not be allowed to include an agreement with an official contractor among the documentary evidence. Then the allocation of the compensation amount will definitely be refused.
The work must be carried out only on your own. That is, family members, relatives, close acquaintances and anyone else who wishes can implement a project to increase the square footage of a house, if they do not have to pay for their work. But concluding contracts with construction teams or negotiating with development companies in this case is prohibited.
That is, the homeowner can hire builders, but then he loses the right to demand compensation. If he hides the fact of hiring professionals, then he will break the law.
Condition four.
The right to spend loan amounts on the reconstruction of your home does not contradict the possibility of receiving maternity capital funds.
Early repayment of the loan is not allowed until the child is 3 years old.
Early repayment of the loan is allowed only in a situation where the money was borrowed for the acquisition (construction, purchase) of housing, and not for the reconstruction of an already finished building. Upon presentation of a certificate and other documents, a certain amount is allocated. But the family has the right to add to this amount money belonging to its members. The family can add as much money as they deem necessary to achieve the goal. And this is an increase in the area of the house. Condition five.
The state will provide the opportunity to use maternal capital if, according to the presented project, the living area is increased to a size corresponding to the accounting standard for residential square footage, no less than that.
If each family member, according to the building plan, becomes the owner of an area smaller than he is entitled to according to the accounting norm, then the reconstruction may be “frozen”. The pension fund will refuse to provide the family with funds for these needs. The document will indicate that the Pension Fund sees no reason to carry out the planned work. After all, the main goal - achieving the accounting standard indicators - will still not be achieved.
What else can you spend maternity capital on?
Separately, I would like to note that maternity capital received for the birth of a child in a family can be used not only to improve living conditions. This capital also has some other purposes, from which the owner of the microcompany has the right to choose. Namely:
- Improving living conditions. In this article, we described how maternity capital can be used to reconstruct existing housing. But MK can also be used to purchase a new, more spacious home.
- Tuition payment. Money for such purposes can be used for the following paid services:
- keeping a child in kindergarten;
- education of an older child at a college or university;
- accommodation of the child in a dormitory during his studies.
- To form a funded pension for the mother.
- To carry out social adaptation, as well as integration into society of children with disabilities.
Remember, how exactly to manage maternity capital within the framework of the above possibilities can only be decided by the person in whose name the certificate was issued.
Expert opinion
Alekseev Dmitry Yurievich
Lawyer with 6 years of experience. Specialization: civil law. Member of the Bar Association.
Using maternity capital for home repairs and reconstruction is a unique opportunity for families with two children who already actually own some real estate, but want to improve its residential properties or expand residential square meters in accordance with living standards.
