In our country, there is a system of diverse state support for the population. This article will focus on one of the types of such support addressed to families with more than two children. And it doesn’t matter if these children are born or adopted. Such state assistance to parents is the use of family capital by obtaining a certificate form in any Pension Fund. We will also talk about the possible spending of state aid and whether it is possible to direct maternity capital to repair an apartment.
What is maternal, or rather, family capital
Maternal or family capital is a measure of additional support for families in which there are children, the state. Such support is expressed in the issue of each family in which, after the first of January 2007, a second and subsequent child appeared, a state certificate giving the right to a certain capital. In the current year, the amount of family capital is 453,026 rubles. This money can be spent in full or in parts. Directions for spending maternal capital are determined by applicable law.
Legislative regulation of the disposal of maternity capital
The procedure for obtaining a state certificate, forwarding orders with funds received is established by federal law under the number 256-FZ. Detailed rules for a specific type of spending of family capital are approved by the government of our country. So, there are rules for spending family capital funds on the education of children, on a monthly fixed payment from a certificate, on improving the living conditions of the family, and others. Details of each type of spending, including whether it is possible to spend maternity capital on apartment renovation, will be discussed below.
How is it possible to spend a certificate?
The law clearly defines the purpose of spending the maternal certificate. The following family expenses can be such expenses:
- receipt of up to one and a half years old child monthly payments from the funds on the certificate;
- children's education;
- provision of pensions (funded part) of the mother of two or more children;
- purchase of goods necessary for children with disabilities;
- improving and improving the comfort of living conditions.
Judging by these types of expenses, it is still unclear whether maternal capital can be used to repair an apartment, or not.
It is necessary to dwell in more detail on each type of disposal of capital for the needs of the family.
Certificate payout every month
This is the newest type of disposition of family capital, which became possible only from the beginning of this year. A monthly payment is due to those families in which the second child was born after the beginning of 2018. Another prerequisite is the amount of family income for each member. This indicator should not exceed the cost of living, multiplied by one and a half, in the region in which the appeal to the Pension Fund. The amount of payment is about ten and a half thousand rubles. You can get it every month until the child is one and a half years old. This money is paid out without specifying the purpose of spending. The family can use them for any needs, including directing maternal capital to repair the apartment.
Maternity payment for children's education
With the funds provided under the certificate, you can pay for educational services provided to the child in any organization that has the appropriate license. This may be a higher educational institution, technical school, college, preschool education. You can even pay for childcare and childcare in kindergarten. To do this, you need to provide a certified copy of the contract with the educational institution to the Pension Fund.
Mother's Pension
A woman who has a certificate can use it to form her pension in terms of her funded component. Before the retirement age, that is, until the day of the appointment of the pension, you can change your mind and refuse such use of funds.
Costs of integration and adaptation of children with disabilities in society
Special programs are drawn up for the social adaptation of children with disabilities in the public environment. Funds from family capital at the request of the owner of the received certificate can be used to implement such an individual program, but maternity capital for apartment renovation in this area cannot be used.
Improving the living conditions of the family
This direction is the most diverse and voluminous in terms of use. It would seem that it is precisely in this type of order that maternal capital can be spent on apartment renovation. But it’s not so simple. Improving housing is not considered repair, but more significant changes in the characteristics of the living space. As part of this method of disposing of family capital, the following are legally defined:
- repayment of a loan taken from a bank spent on the purchase or construction of housing;
- purchase of housing for the family;
- construction of a residential building;
- reconstruction of the family’s existing housing;
- participation in the contract of shared construction.
In all these areas, in addition to repaying the loan, capital funds can be used only after waiting for the certified child to be three years old.
It is worthwhile to dwell in more detail on each of the indicated types of spending money according to the certificate and make sure that the legislators do not provide for the repair of apartments under maternity capital.
Repayment of a home loan by family capital
With the funds on the certificate it is possible to pay the loan received earlier for the following purposes:
- Purchase of finished housing.
- The construction of its own residential building on the existing land.
- To pay for part of the housing under construction under the shared construction agreement.
At the same time, repayment of a housing loan can be carried out before the third birthday of the certified child, the certificate can be used immediately after receiving it. It will be necessary to provide a loan agreement, a mortgage agreement, if any, and a certificate from the lender about the size of the outstanding part of the loan to the nearest Pension Fund unit. It is impossible to use maternity capital for apartment renovation in a new building in accordance with this direction.
Family housing
The main way to make housing better is by acquiring a family home, room or apartment. This can be an apartment in the secondary market, only built housing and even a house on a garden plot, if it is documented as a residential building, and not as a garden. Often, a family with children, according to their financial capabilities, can purchase an apartment only with completed rough work. And the question arises: is it possible to use maternal capital for apartment renovation in this case? No, lawmakers did not foresee such a spending of the state certificate. The family can pay for the purchase by means of the certificate, and carry out repairs on their own at their own expense.
Building your own home
But with the help of funds received as a measure of state support, you can build your own home.For this area of use, the family must own a land plot with the purpose "for individual housing construction."
Owning land, you should get the appropriate permits in the architecture. Until August 2018, a building permit was considered such a document. This year, urban planning authorities began to issue relevant notifications.
After receiving the documents, an application for the disposal of the certificate in the Pension Fund is issued. First, half of the certificate amount will be transferred. For these funds, it is necessary to carry out basic construction work. Such works are the construction of walls, the construction of the foundation and installation of the roof. An act is issued by the local architecture authority on the conduct of basic work, which allows you to get the second half of the maternal funds under a certificate. This can be done eight months after applying for the first payment.
As you can see, as part of the construction of their own homes, maternity capital for apartment renovation is also not used.
Reconstruction of existing housing
It also happens that one of the members of a family with a certificate inherits a grandmother's house with a small living area. In this case, you can reconstruct the existing housing. It is worth noting that the reconstruction involves significant changes in the characteristics of the structure, which will entail a significant increase in the total area of the building. That is, replacing doors and windows, erecting a new porch, building a veranda is not a reconstruction, as it does not lead to an increase in the area. At the expense of the family certificate, you can build another floor or add another room to the existing building - then the Pension Fund will approve the application for the disposal of family capital.
As in the case of construction, funds are allocated for reconstruction in two stages, and only after the child for whom the certificate is issued is three years old.
And again the question arises of how to use maternity capital to repair an apartment or your own home. It cannot be done legally.
Reimbursement for reconstruction or construction
This direction is suitable for use if, before the third birthday of the certified child, the family built a house on their own or increased the area of available housing. In this case, the territorial Pension Fund can receive compensation for those costs that are incurred for the work performed. Upon application, the entire amount on the family certificate is paid. Can maternity capital repair an apartment or a house built in this case? That's exactly what these funds actually can be spent on further cleaning up the constructed or reconstructed housing. Housing, the cost of which is compensated by the Pension Fund, must be framed in shares for all family members. If this is not done, you need to write about this obligation at the notary public. Then the spending of family capital funds will be in accordance with the adopted legislation.
The state has provided measures for additional support to various segments of the population. One of them is issuing a state certificate to families with more than two children. Spending certificate funds is possible strictly in accordance with the law. The direction of maternity capital for apartment renovation is not provided for by lawmakers as a form of disposal of funds relying on a certificate.