Is it possible to spend maternity capital on the reconstruction of a private house?

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Is it possible to use maternity capital for the repair and reconstruction of a residential building or apartment? What documents are needed to receive money and how long does it take to receive payment approval? The reader will find answers to these and other questions in our article.

• Is it possible to spend maternity capital on repairs and reconstruction of a house or apartment?
• Conditions for reconstructing a house using maternity capital
• How to use maternal capital for the reconstruction of a residential building
• Maternity capital for repairs and reconstruction: conclusion

Step three: documents required to obtain maternity capital

When you come to the Pension Fund in order to receive maternity capital for the reconstruction of a building, you will need to submit the following package of documents:

• photocopies of each identity document;
• a photocopy of the certificate, which confirms the presence of maternity capital;
• the rest of the necessary documentation confirming that the object that is planned to be reconstructed is owned by the owner of maternity capital;
• technical documents according to which reconstruction work is permitted;
• a photocopy of the certificate of ownership of the home.

By the way, before applying to the Pension Fund, it is imperative to register the house as the joint property of each and every family member.

The use of maternal capital for repairs or reconstruction of housing

If a family decides to spend money from maternity capital on home renovations, then parents should provide documents confirming the need for such measures. After analyzing the papers, the commission may decide on the need for expansion. For example, if housing needs capital improvement, increasing the area, then the Russian Pension Fund will approve the transfer of money.

If the certificate holder wishes to make cosmetic repairs, the application will be denied. In this case, you can take advantage of a free legal consultation.

How to get maternity capital and what to spend it on in 2020

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:

1. 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.
2. 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.

1. To form a funded pension for the mother.
2. 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.

Is it legal to use maternity capital for home renovations in 2020?

Many mothers doubt the legality of using maternity capital for home renovations

, considering that it is only possible to purchase premises on a mortgage or at the expense of capital. But the allocation of funds for the repair and reconstruction of a residential building or cottage is also legal, since the main principle of the MSK in terms of improving living conditions will be observed, however, subject to the principle of increasing living space.

A family who decided to spend capital on home renovation

must provide documents demonstrating the need for such work. If it follows from these papers that the house really needs major work, since the structure has a small number of square meters, then the pension fund will approve the transfer of funds. Please note that if you wish to perform cosmetic repairs, funds will not be transferred to the family. In this case, it is better for the holder of maternity capital to contact companies that provide the opportunity to receive funds from the certificate.

This is important to know: The procedure for obtaining a State certificate for maternal family capital

Registration of maternity capital

In this article we will not touch upon the issue of maternity capital, its registration, etc. Let's just say that its size at the moment is about 453 thousand.

26 rubles. It can only be obtained for a second or subsequent child, but only once in a lifetime.

You must apply for its registration to the Pension Fund. Both mother and father have the right to receive.

Payment can be made immediately after the birth of the baby and receipt of the appropriate certificate from the registry office. Upon registration, a state certificate is issued, and the money itself is not cashed.

How can you use maternal capital for repairs and reconstruction?

Let's start with the fact that you cannot use maternity capital money to renovate your home; this is not permitted by law. Therefore, those families who want to use this payment to re-paint wallpaper, change windows, etc., cannot do this. All repairs to the house and apartment must be carried out only at your own expense.

But according to the law, maternity capital funds can be used to reconstruct a residential building. What does reconstruction mean? Here we can talk a lot in construction terms, but in the understanding of the state, reconstruction is an expansion of the living space of the house.

That is, if a family had a small house with two living rooms that do not meet the standards for the availability of living square meters per family member, then they can easily use the money to build two more living rooms. In other words, reconstruction is a kind of addition.

Another very interesting point: the rule on the possibility of spending maternity capital on reconstruction was introduced quite a long time ago, but for its implementation it was necessary to meet the main requirement: such work had to be carried out exclusively by a contractor.

On the one hand, this is correct. A qualified entity carries out construction, develops an estimate, issues a quality guarantee and allows the customer to report all expenses to the Pension Fund.

On the other hand: it’s good if the family lives in the suburbs of Moscow or another metropolis, where there are many contracting organizations. But where can those who live far in the outback find such a construction company? Even if someone is engaged in professional repair work and knows how to build and reconstruct well, it is unlikely that he is officially registered and can provide a report.

So, previously such families could not reconstruct the house because there was no contractor. But then, not so long ago, everything changed. Some changes were made to the rules for the use of maternity capital, which allowed ordinary families to independently carry out construction and repair work.

This innovation became a kind of starting point for families from villages, who began to bring their residential buildings into proper condition. Many experts are skeptical about this innovation, since, in this way, the main requirement is violated - maternity capital cannot be cashed out.

And here it is enough to show the Pension Fund the receipts, and part of the capital will be transferred to the families’ accounts.

Use of maternal capital for reconstruction

The first thing I would like to note is that families will be able to use maternity capital funds for home reconstruction only after the baby turns three years old. Note that such norms apply to any expenditure of funds from maternity capital other than monthly payments when the child reaches one and a half years old.

Regarding documents that are confirmatory for employees of the organization who will make a decision: to cover expenses or not. It is better to immediately contact your local PF office and clarify this issue.

Why is that? Yes, because at the federal law level there is no established list of supporting documents; each region has the right to develop its own criteria for the use of maternal capital for reconstruction.

Regarding the payments themselves: no one will receive 100% of the amount that will fully cover all reconstruction costs. The rule applies: 50/50.

First, the user receives half of the expenses that he plans to make for the construction of a house, and after its completion and provision of all reporting documentation, he receives the second half of the funds. Provided that he can confirm the need to pay the second installment.

Condition for payment of the second installment: construction costs must be greater than the amount of the first payment.

List of documents for submission to the Pension Fund:

1. A copy of the applicant's passport,
2. A copy of a document confirming the official marriage between the spouses (if any);
3. A copy of the birth certificates of all babies;
4. The applicant’s own passport, as well as a copy of the spouse’s passport;
5. State certificate of maternity capital.

This is a standard package of documents that is submitted to the Pension Fund when making any payment from the Pension Fund. In addition, when a house is being built or reconstructed, the owner of the capital must write a written commitment to the Pension Fund stating that he undertakes, within six months after completion of such work, to register the residential property as shared ownership of family members.

Expert opinion

Alekseev Dmitry Yurievich

Lawyer with 6 years of experience. Specialization: civil law. Member of the Bar Association.

After the verification, the PF will pay the first half of the funds. In this case, the person himself decides whether he will use the entire amount of maternity capital or not.

You can receive the second half only after the expiration of six months. It is six months after paying the first half that you can apply for another.

In this case, it is necessary to submit a document that confirms the increase in living space of the existing building. This may be a new technical passport for the house, for which you need to contact the BTI.

By the way, the main goal of reconstruction is to create conditions that would allow all family members to live in normal conditions by social standards. For example, so that each family member has at least 18 square meters.

meters, so that children of different sexes have different rooms, etc. Therefore, when a person applies for the second payment: the Pension Fund has the right to check whether the approved housing standards have been met or not.

Inga Kaysina 2 270

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.

Conditions for using maternal capital for home reconstruction

Those wishing to take advantage of government assistance in solving the housing problem are recommended to study:

1. General conditions for receiving and spending maternity capital.
2. Special requirements related specifically to the reconstruction of a real estate property.

You can use maternity capital money only after issuing a certificate

Among the general rules are the following:

• a family can apply for maternity capital after the birth of a second, third child, etc.;
• the date of birth of the second or subsequent child in the family must be after 01/01/2007;
• You can use government support once. That is, if you have previously (for example, after the birth of your second child) already registered capital and used it for education or paying off a mortgage, then even with the birth of further children and the need to expand your housing, you will not receive another maternity capital;
• Capital can be directed to several purposes within its entire amount.

Let's say you exercised your right and were given a certificate for the appropriate amount. The decision to use it for reconstruction should be made taking into account the following special requirements:

• You can spend capital to reconstruct a house after your child turns 3 years old. But the certificate itself can be issued immediately after registering the birth of a child. The period for managing money is not limited;
• the family can spend either the entire amount of capital or part of it on reconstruction;
• The transfer of money occurs in stages. If at the first application the fund approves the use of capital, only half of the financial assistance will be transferred to you. The balance can be received after confirming the intended use of the money;
• third-party companies cannot be involved in carrying out construction work as part of the reconstruction, that is, improvements can be carried out exclusively on their own;
• the recipient of the certificate must open a bank account, to which the funds will then be transferred;
• Reconstruction work must necessarily lead to an increase in the house by a certain number of square meters, which constitute the accounting norm. This requirement follows from Part 1.2 of Article 10 of the above law, according to which the recipient of the certificate must provide confirmation of such an increase in order to transfer the remaining capital to his account. The accounting norm is established for each subject of the Russian Federation by local authorities.

The requirement to do the work yourself seems more formal and is formulated on the basis that assistance should cover essential expenses, and expenses for hiring third-party specialists do not belong to such priority expenses. In short, the submitted documents should not include any contracts for construction work. However, we can continue the thought: the law does not prohibit spending personal funds to attract the necessary workers.

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.

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.

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.

What types of renovation cannot be considered reconstruction?

1. drilling to a water source.
2. well installation.
3. connecting the building to the heating system.
4. sewerage installation.
5. replacement of windows and doors. Even if it is for the purpose of energy saving.
6. 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.

Expert opinion

Alekseev Dmitry Yurievich

Lawyer with 6 years of experience. Specialization: civil law. Member of the Bar Association.

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.

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.

Conditions for receiving financial support

To receive financial assistance for the reconstruction of a residential building, several conditions must be met.

1. Maternity capital can be used for this purpose only after the child is three years old. This means that it is useless to submit papers to the Pension Fund before the child is three years old; the money will not be transferred anyway. But, if it is really necessary to carry out such work, then you can spend your personal savings and then receive compensation for all costs from maternity capital money. To do this, you just need to save all the papers about the reconstruction (acts, receipts, etc.).
2. Carrying out the work yourself. According to the legislation of the Russian Federation, work to increase the area of ​​the house, using maternity capital, must be carried out by family members independently without concluding contracts with professional firms and construction teams.
3. Applicant's property. One of the main conditions for issuing maternity capital for the reconstruction of a house is the fact that both the residential building and the plot on which it is located must be owned by the applicant or his legal husband or wife.
4. Waste of credit funds. The law does not prohibit using your own money or funds taken on credit. The only condition is that it will not be possible to repay the loan early (before the child’s third birthday), since only loans that were taken out for the construction or purchase of housing can be repaid ahead of schedule.

Important! The family has the right to add to the amount that was issued according to the certificate as much money as it considers necessary. Reconstruction of a living space has the goal of improving, and most importantly, increasing the area of ​​a house for a large family.

The transfer of money will be allowed if the condition is met that the living area is increased by no less than the accounting standard for living space.

This is important to know: Power of attorney to receive maternity capital: sample

In the case where each family member has less space, the issuance of maternity capital for reconstruction may be refused. The answer will be a decision of the Pension Fund indicating that there are no grounds for carrying out such work.

Transfer of capital and required documents

If a family prefers to spend maternity capital on reconstructing a house, then they have 2 options for implementing their plans.

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Payment of funds in 2 stages

To receive the first part of the maternity capital (in the amount of 50%), you must submit a certain list of documents to the Pension Fund.

Such documents include:

• statement;
• passport of the baby’s mother and father;
• marriage paper;
• certificate for maternal capital;
• permission to carry out reconstruction of a residential building (photocopy);
• certificate of title to the house (photocopy);
• certificate of ownership of the land on which the residential building is located (photocopy);
• a written undertaking (notarized) that within 6 months after the registration of the cadastral passport, the house will be registered as the common property of all members of this family;
• a certificate from the bank with information about opening a bank account and its details (so that the Pension Fund can transfer money).

If everything is in order according to the papers, then employees of the Pension Fund can transfer money from maternity capital to carry out work.

Transfer of remaining funds

After the family has received the first part of government assistance, it is necessary to begin to reconstruct the house. The remaining 50% can be received only six months after receiving the first half of the funds.

After submitting this document, fund employees are required to transfer the remaining part of the maternity capital to the applicant’s account so that the family can finish reconstructing their residential building.

Important! If the applicant’s bank account has changed, it is necessary to bring a new document indicating other details.

Otherwise, the transfer will be made to the account to which the first payment was made. Of course, the money can be returned, but it will take time.

Attention! In order for the Pension Fund to transfer the remaining amount, you need to bring paper confirming that the work has already begun. Such a document could be an act issued by the Department of Architecture and Urban Planning for the area where the residential building is located.

Receiving maternity capital for the reconstruction of a house is a legal method of cashing out this money; the family will not be able to spend it on non-target needs. All work will be checked by the relevant authorities, and in order to receive the second part of the payments, you must have already completed half of the work and have supporting documents.

Compensation for reconstruction costs

List of required documents

When using this type of order, maternal (family) capital funds will be paid in full.

We describe typical ways to resolve legal issues, but each case is unique and requires individual legal assistance.

To quickly resolve your problem, we recommend contacting qualified lawyers on our website.

Formation of a package of documents and the process of transferring capital

Let's say the family has firmly decided to spend the capital on the reconstruction of the mansion. You can implement your plans in different ways.

First option.

Receive payment in two stages. First, 50% of the capital is issued. To do this, documents are sent to the Pension Fund according to the list:

• statement;
• confirmation of marriage;
• mother's passport;
• father's passport;
• a photocopy of the permit for reconstruction;
• certificate for maternal capital;
• a photocopy of the title document for the mansion;
• a photocopy of the title document for the land plot on which the house is built.

You will need a certificate from a credit institution confirming the opening of a bank account. The details of this account must be indicated so that the Pension Fund can transfer funds to it.

The direct homeowner should also submit an undertaking:

• executed in writing;
• notarized.

The owner of the house undertakes to re-register the house as common property within six months, as soon as the cadastral passport is issued. In other words, all citizens (parents, children) who are forming a family at the moment and are related to the issuance of maternity capital become homeowners.

Other clarifying documents may be required, the absence of which will be indicated by Pension Fund employees. But if the package of documents is considered complete, the money will soon be allocated from maternity capital for the planned reconstruction.

Now you need to get the second half of the funds. But first, reconstruction had to begin, using the capital already provided. At least 6 months must pass after receiving the first transfer of funds before the family receives the remaining 50% of the due amount. This money should be used to complete the reconstruction.

In order for the pension fund to transfer the remaining amount, you will need to provide a document confirming that the work has begun. For example, an act from the Department of Architecture and Urban Planning, operating in the area where the house is being reconstructed.

You can get maternity capital specifically for housing reconstruction and thereby cash out the money, but it is unlikely that you will be able to spend these funds on non-target needs. Specialists from the inspection bodies will carefully monitor the entire progress of work.

In addition, to receive the second batch of funds, you will need to confirm that half of the work has already been done. Moreover, it must be documented.

Second option.

You can cash out maternity capital funds by receiving compensation after personal investments in reconstruction. The following documents are submitted:

• homeowner's statement;
• baby's birth certificate;
• passports of both parents;
• Marriage certificate;
• title documents (confirmation of ownership of a residential building);
• extracts from the Unified State Register of Real Estate with confirmation of ownership of real estate (buildings, land);
• documentary evidence of reconstruction (period of reconstruction - after 01/01/2007);
• Bank details.

Again, you will need to submit a written undertaking that the current homeowner (or husband and wife) will transfer the mansion into common ownership no later than 6 months after the registration of the cadastral passport. All family members then become the legal owners of the house.

If Pension Fund employees have no doubt that the specified amount was spent on the reconstruction of the house, the funds from the family (maternity) capital will acquire the status of compensation and will be paid to this family.

Expert opinion

Alekseev Dmitry Yurievich

Lawyer with 6 years of experience. Specialization: civil law. Member of the Bar Association.

The law on ways to use maternity capital has many features. Changes, clarifications, and additions are constantly being made to the main legal act No. 256-FZ of December 29, 2006.

First of all, these are laws No. 348-FZ of November 28, 2015, No. 444 of December 19, 2016, other legal acts of federal and regional significance, as well as clarifications of the Armed Forces of the Russian Federation. They need to be monitored so that any changes do not come as a surprise.

Author: Victor, editor-in-chief. Economist. More than 15 years of experience in finance. Date: August 8, 2020. Reading time 6 minutes.

The use of maternity capital funds for the reconstruction of a house necessarily requires an increase in the living space of the structure during the work. Money can be received by the certificate holder both before they begin and after they are completed.

Then in the first case they will be paid in two stages, and in the second - the entire amount at a time. The recipient of funds is responsible for their intended use and must report to the Pension Fund about their expenditure.

Conditions for receiving mathematical support

The transfer of maternity capital for apartment renovation does not take place in full, since the amount is divided into two parts. To begin construction work, the Pension Fund allocates 50% of the financial support. Six months after the first payment, citizens receive the second part.

During the registration process, it is necessary to adhere to certain conditions regarding the composition of documents. The conclusion of a transaction to improve property must be carried out in accordance with established standards. If fraud is detected, sanctions are imposed on the offender.

Two stages of payment of funds

To get the first part of the mat. capital for repairs in the amount of 50% of the total amount, the documents according to the list should be submitted to the Russian Pension Fund. The second stage is to provide written certification of completion of construction work. Based on the submitted papers, the second part of the funds is transferred.

Capital transfer and documents

Receipt of the full or partial amount of maternity capital is permitted upon consideration of the application.

Application for payment at the expense of MK

To apply, you must submit the following documents:

• a statement outlining the future plan for increasing the area, as well as additional work;
• original certificate of mathematical support;
• passport of mother and father;
• birth certificate;
• marriage certificate;
• title papers for property - house, apartment, land plot;
• permission from the BTI to carry out planned work on the reconstruction of a residential building;
• bank certificate confirming the opening of a personal account;
• details for receiving payments subject to a positive decision.

Reconstruction only implies an increase in area. Cosmetic and finishing activities are not included in this work.

To process payments for the second part of the money, the following documents are submitted to the Russian Pension Fund:

• documentation indicating completion of work;
• bank account details for repeated transfer.

Read also: Child support for two children in 2020

Additionally, the authority’s employees may require the presentation of the spouses’ passports and marriage certificate.

After repairs as part of a property redevelopment project, the owner draws up a receipt for the mandatory registration of all family members with a share of each. To do this, you need to contact the housing and communal services department.

Reimbursement of reconstruction costs

To compensate for the money paid for reconstruction as part of the use of mat. capital for apartment renovation, you need to submit documents to the Russian Pension Fund:

• application;
• passports of father and mother;
• children's birth certificate;
• marriage certificate;
• title documents for property;
• papers indicating major repairs;
• certificate from the Unified State Register of Real Estate on the right to a residential property;
• bank account details;
• a notarized obligation to issue a cadastral passport and transfer the property into shared ownership of all family members.

The use of this type of order guarantees the transfer of funds for maternity capital in full.

What applies to reconstruction

The concept of reconstruction, according to Article 1 of the Town Planning Code of the Russian Federation, means carrying out work aimed at changing the parameters of a construction project, increasing or decreasing its area, height, number of storeys, etc. The work also includes the replacement of load-bearing elements of the building or their restoration.

When using maternity capital for the reconstruction of a house or other residential structure, the Pension Fund puts forward special requirements for:

Cosmetic repairs, as well as installation of communications into the house, in accordance with the norms of current legislation, do not apply to reconstruction.

In this regard, funds will not be allocated to the Pension Fund to compensate for the costs of these types of work. Even though such repairs will significantly improve the living conditions of the family. Maternity capital is not allocated for repairs.

Reconstruction of a house using maternal capital is only possible in houses built before 2007. Funds are not allocated to pay for work in new houses, even if their area is increased.

Reconstruction can be considered the conversion of a non-residential part of a house into residential premises. For example, in its process the attic can become a residential attic. In this case, there will be an increase in the living space of the house without a real increase in the size of the building.

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.

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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:

1. 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).
2. 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.
3. The certificate can also be used to reimburse costs (compensation) for house reconstruction work already carried out after January 1, 2007.

Required documents

To receive the first part of the money for the reconstruction of the house, you need to fill out an application and provide the following documents:

• passports of the parents of the child for whose birth federal assistance was allocated;
• parents' marriage certificate;
• certificate for family capital;
• a copy of the paper permitting construction work;
• copies of documents confirming the right of ownership of the land plot and the house located on it;
• a notarized guarantee of registration of the house as shared ownership of all family members within 6 months;
• information about the applicant’s bank account to which the maternity capital will be paid.

If by the time the second part of the capital is issued the applicant’s bank account has changed, then information about the new account must be submitted before transferring the amount. Otherwise, the operation will be performed using the same details used for the first payment.

Money from the federal treasury must be used for its intended purpose, so spending is controlled. Having permission to use the certificate funds for the reconstruction of a house, it will not be possible to spend the funds for another purpose. If the work for which support was allocated is not completed, the fund will recover the money in court.

In case of registration of compensation for funds spent on construction work using certificate money, there are slight differences in the list of documents:

• application for compensation;
• parents' identity documents;
• birth certificates of children;
• confirmation of marriage;
• paper certifying ownership of property and land;
• a notarized obligation to register the house as shared ownership of all family members within 6 months;
• certificate from the Unified State Register of Real Estate;
• bank account details.

Read also: Is maternity capital required if the eldest child is an adult?

When processing compensation, the fund transfers the entire amount confirmed by documents, up to the full repayment of the certificate. You can find out the size of MK in 2020 and subsequent years by following the link.

What is housing reconstruction using maternity capital funds?

According to Art. 10 of the Law on Maternity Capital dated December 29, 2006 No. 256-FZ, reconstruction can be defined as work to increase the total area of ​​an individual residential building. The main condition is that the area as a result of this work must increase by at least one accounting norm . This definition includes:

• residential extension to the house;
• addition of an additional floor;
• converting the attic into an attic.

Thus, it is impossible to receive maternity capital funds for various types of work that do not lead to an increase in the total area of ​​the house:

• laying gas pipelines, water supply and sewerage;
• heating, replacing electrical wiring;
• installation of windows and doors, etc.

It is also prohibited to use maternity capital funds , since it is believed that in this case the intended use of the money is difficult to track and in this case the area of ​​the living space does not increase. At the same time, both cosmetic and major repairs are prohibited.

Conditions for using maternity capital for reconstruction

In order to use the assistance allocated by the state for each child to carry out housing reconstruction work, parents must fulfill the following conditions.

Have your own home. It is very important - not in shared ownership, not the parent’s house, but only your own. All family members must be registered in it. The child for whom the state issued maternity capital is three years old. This is explained by the fact that before reaching the age of three there are risks of complex diseases, divorces and other unpleasant situations. The child must be protected as much as possible from the negative influences of various factors.

It is important to know! If there is an urgent need to carry out reconstruction before this time, then you can do it at your own expense, and then submit documents for compensation for the costs incurred, or take out a loan for these purposes and then repay it in the same way.

Submit evidence of the need for reconstruction to the relevant authorities. The reason may be an emergency condition, the need for major repairs, or non-compliance of living space per resident with current standards. You should definitely attach a project proving that after reconstruction, living conditions will improve.

A package of documents is collected by applicants and submitted to the Pension Fund; the procedure for using maternity capital to improve living conditions is prescribed in Article 7 of Federal Law No. 256 of December 29, 2006.