Using maternity capital to improve housing conditions. Arbitrage practice

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:

Funds from maternity capital, the amount of which in 2021 amounted to 453,026 rubles, can only be used for the reconstruction of an individual residential building (individual housing construction project - IHC).
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.

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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.

At the same time, the law does not provide for the need to prove to the family their need for improved housing conditions for reconstruction (just as any certificate holder can purchase a new home, regardless of his living conditions).

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.

How to use maternity capital for the reconstruction of a private house

The procedure and rules for reconstructing a house using maternity capital are approved by decrees of the Government of the Russian Federation:

dated December 12, 2007 No. 862 - establishes general rules for the use of mat. capital for improving housing conditions;
dated August 18, 2011 No. 686 - establishes the rules for issuing a document confirming the completion of work on the reconstruction of a house.

In this case, two ways of using maternity capital are provided:

if the reconstruction has not yet been carried out and its implementation is required at the expense of mat capital funds;
if the reconstruction work has already been carried out independently and the capital will be sent in the form of compensation for costs.

In both cases, you will be able to manage the money only three years after the birth of a child in the family, for whom a maternal certificate was received from the Pension Fund.

Is it legal to use maternity capital for home renovations in 2021?

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: Features of a transaction to purchase an apartment using maternity capital in 2021

What documents are needed for the reconstruction of a house under mat capital?

In both cases, in order to receive funds from maternity capital for the reconstruction of a private house, it will be necessary to prepare and submit an application for disposal (you can download the standard application form below).

This application must be accompanied by documents, the list of which varies depending on the direction of use of the funds. Main list of documents:

Maternity capital certificate (or its duplicate).
Insurance certificate of compulsory pension insurance (SNILS).
Documents proving the identity and registration address of the certificate holder.
An obligation certified by a notary to transfer housing into the common shared ownership of each family member (the recipient of the certificate with the spouse, as well as their children) within 6 months after receiving the money or after completing the reconstruction work.

Additional list of documents when using maternity capital to reconstruct a house on your own (clause 10.2 of Government Resolution No. 862 dated December 12, 2007):

copies of documents confirming the right of the certificate owner or his spouse to dispose of the land plot on which reconstruction work is being carried out (ownership, lease, perpetual use, etc.);
a copy of the permit for the construction and reconstruction of the house;
an extract from the Unified State Register of Real Estate on the rights of the owner of the certificate or his spouse to a residential building, the reconstruction of which is carried out at the expense of mat capital funds;
certificate of bank account details opened in the name of the certificate owner.

Documents required for reimbursement of expenses for previously carried out reconstruction (clause 10.4 of the resolution):

copies of land documents (see list above);
an extract from the Unified State Register of Rights to a private residential building, the reconstruction of which was carried out after January 1, 2007;
confirmation of opening a bank account for transferring money, indicating its details.

The application and attached documents will be reviewed by the Pension Fund within a month after submission. The decision on approval or refusal will be sent to the applicant no more than 5 days after its adoption. Once approved, the money will be transferred within 10 business days.

To receive compensation from maternity capital for reconstruction that has already been carried out (second method), you will need to contact the Pension Fund authorities once with the necessary documents. And the first method is more complicated and involves several applications to the Pension Fund, since money from the federal budget is allocated to the family for work that has not yet been completed . Let's consider this case in more detail.

How to get mat capital for house reconstruction

When the Pension Fund of the Russian Federation approves an application for the transfer of maternity capital funds for the reconstruction of a house, an amount not exceeding 50 percent of the funds available on the certificate will be transferred to the certificate holder’s account. To receive the rest, according to clause 10.3 of Government Decree No. 862 of December 12, 2007, it will be necessary to confirm the reconstruction of the house after 6 months

This presupposes the need to confirm that during these works the total area of housing has increased by at least 1 accounting standard according to the Housing Code of the Russian Federation. This procedure is performed in the following order (see resolution dated August 18, 2011 No. 686):

The holder of the certificate for maternal capital or his representative submits an application for receiving an inspection certificate to the body authorized to issue construction permits (urban planning and architecture committee under the local administration, department of construction of the region, territory, republic, etc.).
A representative of the authorized body, in the presence of the applicant or his authorized representative, inspects the reconstructed house . For this purpose, measurements and examinations can be performed.
An inspection report is drawn up in the prescribed form.
The certificate holder (or his representative) receives an inspection report from the authorized body in person or by registered mail within 10 working days after submitting the application.

The authorized body has the right to refuse to issue a survey if the area of the house has not increased by the accounting standard accepted in the region (usually 18 square meters). In this case, the certificate holder can re-apply for confirmation of the work if he eliminates the reasons for the refusal.

After this, the applicant can apply to the Pension Fund for the remaining amount of the certificate.

Conditions for receiving financial support

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

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.).
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.
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.
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: Reasons for refusal to issue maternity capital

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.

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