The sale of an apartment with minor owners and children under guardianship or guardianship registered in the property is possible. But the transaction must obtain additional permission from the guardianship and trusteeship authorities. In this article we will tell you how to conduct a transaction correctly and in what cases it is impossible.

Is it possible to sell an apartment with a minor owner or occupant?

The laws of Russia do not prohibit transactions with real estate, the right of ownership or residence to which is held by a minor citizen. According to the Family and Civil Codes, minors are considered persons under 18 years of age. According to Articles 26–28 of the Civil Code of the Russian Federation, legal capacity under 18 years of age is affected by age:

• from 14 to 18 years of age, a child is considered to have limited legal capacity - that is, he can sign documents, but cannot initiate various real estate transactions himself;
• from 6 to 14 years of age, a child is considered partially capable, but cannot sign documents;
• Until the age of 6, a child is considered completely incompetent, and parents or guardians bear full responsibility for him.

In some cases, a child becomes fully capable at age 16 - for example, after emancipation or as a result of marriage. In these cases, a citizen 16–18 years old can dispose of his property himself, and the participation of guardianship authorities in the transaction is not required.

The procedure for selling an apartment with a share of a minor child in 2020 includes mandatory obtaining permission from the guardianship and trusteeship authorities. Without it, the deal may be considered illegal and cancelled. To obtain permission to sell, you need to submit an application to the guardianship and trusteeship authorities. Employees of the guardianship and trusteeship authorities can check the transaction in every possible way, for example, talk with the child and parents, guardians, study documents for the purchased property, request other papers, and inspect the housing.

What requirements do the guardianship and trusteeship authorities impose on the transaction?

Protection of the property rights of minors is one of the functions of the guardianship and trusteeship authorities. They control the transaction and require that the child be provided with:

• a share commensurate with the area in the old apartment, if it was
• the owner of the apartment;
• timely registration in a new apartment;

money to a current account if the apartment being sold is not the only property owned, or in connection with moving to another city.

For example: Petya and his parents each have ⅓ shares of the apartment. They decided to sell it and came to the guardianship authorities to get permission. The guardianship will require that Petya be allocated a share in the new housing in proportion to the area of ​​the apartment being sold. For example, if the area is 60 m² and Petya owns ⅓, he should own at least 20 m² in the new apartment. If the new apartment is 80 m², Petit’s share will be a quarter. And Vasya and his parents have two apartments, each of which has ⅓ shares. When selling one apartment, parents can simply put money into Vasya’s current account, because he actually still has housing.

The sale of a child’s share in an apartment or in a real estate property in which a child under 18 years of age is registered is a transaction with additional restrictions. Guardianship and trusteeship authorities may prohibit it if:

• One of the parents or guardians refuses the transaction. According to the law, real estate can only be sold if all parties to the transaction agree to it. The interests of the child are represented by both parents or guardians, so parental consent is required to sell the minor’s apartment or his share.
• The new housing is worse than the previous one. For example, if after the sale of an apartment the child is moved to housing of a smaller area, without repairs or in disrepair.
• The rights of the child are violated. For example, if after the sale of the only share of a minor owner, he is not allocated a share in the new housing.
• The child is not registered in the new housing. According to the law, a child cannot be discharged “to nowhere” - the discharge of a child from an apartment when the apartment is sold is accompanied by registration at another place of residence. This is especially true for those who sell housing with registered minors.
• The property being purchased is unfinished. If construction is less than 70% complete, the guardianship and trusteeship authorities will refuse to issue a permit. The indicated percentage is relevant for Tyumen; in regions the value may differ.
• The new housing has no amenities. If the house or apartment you will buy does not have utilities or parts thereof, the guardianship and trusteeship authorities will refuse permission. Amenities include hot and cold water and electricity.
• A child is an heir who has not entered into rights. When selling real estate, the heir of which is a minor, you must first enter into the right of inheritance and register the property in the name of the child.
• The share in new housing is smaller. If the parents decide to buy a smaller home and allocate the same share as before, for example, ½, the guardianship authorities will oblige them to allocate a larger share. By law, the footage of a child’s property cannot be reduced.

For example: Masha’s parents are selling an apartment with an area of ​​90 m². Each has a ⅓ share, that is, each owns 30 m². Next they buy a new apartment with an area of ​​75 m². In this case, the parents are required to allocate a share equal to at least 30 m² - what was in the previous apartment. That is, Masha will receive ⅖ from housing.

When can you transfer money from sales to your child’s account?

In some cases, part of the funds from the sale of an apartment is transferred to the child’s account. In the future, they can be used with the permission of the guardianship authorities to purchase another property, provided that the child is given property in it. The child also has the right to withdraw these funds after reaching adulthood. Such cases include:

• Moving to another country. In this case, parents may not allocate a share to a child who had a share in the sold apartment. To obtain permission, you need to provide proof of your move, for example, an issued long-term residence visa.
• Moving to a different city. In this case, it is also possible not to allocate a share, but with one significant limitation. The money received from the sale of the minor's share must be transferred to the child's account.

In what cases is it possible to deviate from the rules of law?

The legislation provides for the possibility of guardianship to make decisions individually in each case. Some legal requirements may be waived under certain conditions. Among them:

• Purchase of unfinished housing. Registration of the child’s ownership of real estate or a share in it is postponed until the housing is put into operation. But throughout the construction period, the child must be registered somewhere, that is, have an actual place of residence.
• Serious illness of a child. If a child needs expensive treatment, you can obtain permission from the guardian to sell an apartment with a minor, even if the purchased housing is worse than the sold one. With the condition that the difference in the value of the property will be used for treatment.
• A child's condition that makes it impossible to live in an apartment. In case of allergic reactions, chronic diseases and congenital pathologies, you can purchase housing that is worse than sold if the child cannot live in the current one. For example, exchange an apartment next to an industrial enterprise for a private house of a smaller area in the village.
• The child's need for a specialized institution. If a minor citizen needs a boarding school, correctional school, closed lyceum or other specialized institution that is not in the city, he is allowed to move to another city. There may be a slight deterioration in living conditions. But allocating a share to a minor when selling an apartment is also mandatory.

Important! Employees of guardianship and trusteeship authorities do not have clear rules of action, which they must strictly adhere to. In each case, all the nuances of the transaction are considered, and guardianship acts in the interests of the child. If the guardianship and trusteeship authorities suspect that you are trying to “hide behind” one of the above situations for personal gain, the transaction will be delayed or will not be resolved at all.

Step-by-step instructions: how to sell an apartment with a minor having rights to it

Let's look at all the situations in which a transaction requires permission from the guardianship and trusteeship authorities. There are four in total:

• the minor is the owner of the apartment being sold;
• the child has a share in the property being sold;
• the minor is registered in the apartment;
• the child is indicated in the will, but has not entered into inheritance rights.

All these situations have their own characteristics - we have prepared step-by-step instructions for each of the four cases.

How to sell an apartment if the owner of the entire apartment or its share is a minor child

Can a minor child be the owner of an apartment? Maybe if his parents previously bought a home and registered it as their property, or the child inherited it. Can a guardian sell the apartment of a minor child? Maybe, but with strict restrictions:

• if an apartment no worse is purchased for the minor and is also transferred into ownership;
• if the money from the sale is transferred to the child’s account, but only if the apartment being sold is not the only home owned by the minor.

To complete the transaction, follow the simple instructions.

Step 1: Gather your documents

To obtain permission from the guardianship and trusteeship authorities and register the transfer of rights in Rosreestr, you will need:

• Statement from both parents or legal representatives of the child.
• Passport of a citizen of the Russian Federation of the child (if the child is 14 years old) + birth certificate, or birth certificate (if the child is under 14 years old).
• Passports or other identification documents of the legal representatives of the minor - parents or guardians.
• An extract from Rosreestr confirming the child’s ownership of the apartment - get it from the local Rosreestr or order it online on the official website.
• Document of title: agreement of purchase and sale, privatization, gift, exchange, certificate of inheritance by law or will, agreement of participation in shared construction, assignment of claims under an agreement of participation in shared construction, court decision on recognition of ownership.
• Certificate of construction readiness of the object at least 70% when participating in shared construction.
• Cadastral passport with an explanation - if for some reason it is lost, get it from the BTI.
• Certificate of cadastral value of real estate - the price can be viewed on the Rosreestr website or ordered an extract from the Unified State Register of Real Estate.

Optionally, guardianship may require other documents. For example, papers confirming the acquisition of new property - an agreement on a deposit or a purchase and sale agreement.

Attention! The guardianship is provided with documents not only for the alienated property, but also for the acquired one. Ask the seller to provide you with a cadastral passport and an extract from Rosreestr confirming his ownership. The information from these documents will be needed to complete the application.

Step 2. Write an application to the guardianship and trusteeship authorities

Come to the local branch of the guardianship and trusteeship authorities, or to one of the branches of multifunctional centers for the provision of state and municipal services and write an application for permission to sell the apartment. You will be provided with a sample. The application must include the following information:

The total and living area of ​​the alienated and acquired real estate.

Data of the owners of the alienated housing - a minor, and the acquired one - the seller.

• The exact address of both apartments.
• Numbers of extracts from the Unified State Register of Real Estate confirming the ownership rights of the indicated persons to both apartments.
• The obligation to transfer the acquired real estate into the ownership of the child.
• Date and signature of applicants - legal representatives.

If there is only one legal representative, you will need to attach evidence of this to the application. For example, a death certificate, a document declaring one of the parents missing. If one of the representatives simply cannot come to the guardianship department in person, you must provide a notarized permission to sell the home.

There is no need to pay a state fee for filing an application. According to Part 3 of Art. 21 Federal Law “On Guardianship and Trusteeship”, documents are reviewed within 15 days from the date of filing the application. Until the end of this period, the guardianship authorities are required to issue a preliminary permit or refuse to issue it. The refusal of the guardianship and trusteeship authority must be motivated. Preliminary permission or refusal may be challenged in court. Typically, the competent authorities do not establish a specific validity period for the permit, but in some regions it is determined by the legislation of the constituent entity of the Russian Federation. If such deadlines are not established, the document will be valid until required. If a specific deadline is set, the sale transaction can only be carried out while the permit is in force. If it was not possible to sell the apartment within the specified period, the entire above procedure will have to be completed again.

Step 3. Sign the sales contract

An apartment purchase and sale agreement with a minor buyer should be signed after receiving permission from the guardianship and trusteeship authorities. If the guardianship refuses permission for any reason, you will simply lose money - the transaction will be canceled.

Transactions on the alienation of an apartment, the owner of which is a minor, are subject to mandatory notarization. Depending on the decision of the guardianship authorities, the sale and purchase of new housing must be carried out simultaneously, or with the subsequent allocation of a share to the child in the new housing. Simultaneous purchase and sale transactions are called alternative transactions. It is a difficult process: finding both a buyer and a seller.

By completing an alternative deal with the Etazhi company, you receive a 5% discount on the company’s services for selling an apartment, and a 5% discount on the purchase of a new one. The company guarantees complete safety and legal purity of transactions. If you lose ownership, Etazhi will compensate you for the cost of the apartment. Compensation amounts vary by city.

After receiving an extract from the Unified State Register of Real Estate for the purchased property, you must submit it to the guardianship authorities within 30 days after registration. If the ward does not receive new property in exchange for the sold housing, all funds from the transaction are placed in a special bank account. Taking into account the decision made by the guardianship authority, the notary requests the documents necessary for the transaction and prepares a purchase and sale agreement.

Signing of documents:

• if the child is under 14 years old, the transaction is signed by legal representatives;
• if the child is over 14 years old, he and his representatives sign, and the contract states that the legal representatives agree with the actions of the minor.

Step 4. Register transactions in Rosreestr

Submit documents for re-registration of property rights through any MFC. To register a transfer of ownership, provide:

• purchase and sale agreements;
• permission from the Department of Guardianship and Trusteeship;
• passport of the buyer and seller or birth certificate if the child is under 14 years old.

Pay the state fee for registering property rights - its amount is 2,000 rubles. You pay for registering ownership of new housing, and the buyer pays for alienated housing. Provide the MFC employee with a package of documents, the original receipt of payment of the fee and fill out the application - they will provide you with a form.

• Collect a package of documents for the alienated property.
• Open a current account or collect documents for the property you are purchasing.
• Write an application to guardianship, get permission.
• Sign the purchase and sale agreement yourself if the child is under 14 years old, or have a minor sign it.
• Buy a new home and allocate a share in it to your child or transfer an amount equivalent to his share to the account.
• Provide documents to the guardianship and trusteeship authorities.

Peculiarities of selling an apartment with a registered minor child under guardianship or trusteeship

Guardianship consent to the transaction is necessary if the following people live in the apartment:

• family members of the owner who are under guardianship or trusteeship;
• minor members of the owner's family who are left without parental care.

If a child is registered in an apartment, he has the right to live in it. To sell a home without encumbrance, a minor must be discharged.
The deal will look like this:

Step 1: Prepare your documents

You will need the documents listed above + an apartment card and a cadastral passport for the alienated apartment and the apartment in which you will register the minor.

Step 2. Get permission from the OOP

Fill out the application and indicate the address where you will register the minor. Remember that the new home should not be worse than the one you are going to sell.

Step 3. Discharge and register the child

A minor child can be discharged from an apartment upon sale only if he or she subsequently registers at a different address. To discharge and register your child, provide the following to the passport office:

• child's identity card - passport or birth certificate;
• ID card of the legal representative - parent or guardian;
• ID card of the owner of the apartments from which the child is being checked out and into which the child is registered - the personal presence of the owners is also required;
• technical passport and house register for housing - alienated and the one in which the minor will be registered.

At the passport office, fill out the application, arrival and departure sheet.

Step 4. Provide evidence to the guardianship and trusteeship authorities

Come to the guardianship and provide evidence of the child’s registration - an apartment card or house register. After this, you can draw up a purchase and sale agreement for real estate and formalize the transaction.

A separate situation is the alienation of housing from a minor who is in the care of his parents. In this case, the consent of the guardianship is not necessary, since this is not refuted by information about the lack of parental care. In this case, before alienation, the child must be registered in another apartment.

Conditions for the sale of an apartment with a minor owner who has not entered into an inheritance

If a minor is named in the will for real estate and you plan to sell the apartment, you first need to register ownership of the child. That is, he needs to enter into inheritance. This is also done through the permission of guardianship. When the child takes ownership, the property can be sold according to the above instructions.

Answers to frequently asked questions

Is it possible to sell an apartment given to a minor child?

It is possible, but only if all the conditions listed above are met. For example, with the provision of equivalent or better real estate or with the transfer of money to an account.

What should be the account to which money can be transferred?

You need to open a special account. It is opened by parents or guardians in the name of the child. The purpose of the account is the receipt and storage of funds from the sale of residential premises. Disposal of funds from the account can only occur with the consent of the guardianship authority.

Can a minor sell a home to a guardian or parent?

No. According to the Civil Code of the Russian Federation, guardians, trustees and their close relatives cannot enter into exchange, purchase and sale transactions with their wards.

What happens if you don’t allocate shares to your children and sell your apartment?

The guardianship and trusteeship authorities cancel the transaction and declare it illegal. You will be required to return the buyer's money and re-transfer to the children ownership of the shares they had before the sale.

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What is enshrined in law

It is possible to sell an apartment in which minor children are registered, but some conditions will need to be met. The legislation of the Russian Federation provides for the possibility of protecting minors from illegal actions of interested parties.

Selling an apartment is a costly and troublesome procedure. If persons under the age of 18 are registered in it, it becomes more difficult to sell the property. The legislation of the Russian Federation is aimed at protecting the interests of minor children. After all, sometimes guardians and even parents act solely in their own interests, violating the rights of children.

It is possible to sell an apartment in which children are registered. The law allows for such a procedure. However, before committing it, you will need to take many legal steps.

Please note the following points:

• a child who owns a home manages the property independently;
• a child registered in an apartment has the right to use the property at his own discretion;
• Until a child reaches 14 years of age, he is considered incompetent, so his interests are represented by his parents and guardians.

It is the type of ownership of the apartment that determines the further actions of the person wishing to sell the property. After all, a minor may simply be registered in a residential area, or may be its full owner or part of it.

The main legal act regulating the sale of an apartment where children are registered is the Constitution of the Russian Federation.

Attention! In addition to this, you must be guided by:

• Civil Code of the Russian Federation;
• Family Code of the Russian Federation;
• Housing Code of the Russian Federation
• Federal Law of the Russian Federation No. 48 “On guardianship and trusteeship” of April 24, 2008;
• Federal Law of the Russian Federation N 1541-1 “On the privatization of housing stock in the Russian Federation” of July 4, 1994.

Regional authorities independently regulate relations between children and parents. To legally complete a transaction, you need to familiarize yourself with the regulations adopted at the local level.

Until the child reaches adulthood, he or she cannot independently resolve issues related to the sale of real estate. Parents and guardians have the right to represent his interests. Unfortunately, not everyone acts for the benefit of the child. This is why selling real estate becomes more difficult.

Is it possible to sell an apartment if a minor is registered?

A minor child has rights to an apartment in some cases.

Important! These include:

• the apartment was privatized, children were included in the list of all owners;
• the privatized apartment is inhabited by minor citizens who are not owners, but claim to own it, since before the privatization procedure they were permanent residents;
• the child was given an apartment, bequeathed as an inheritance, a purchase and sale agreement, an exchange agreement were drawn up for him;
• the minor is registered in the residential area, but in fact is not its owner.

In accordance with current Russian legislation, a child has the right to own real estate. That is, he cannot simply be discharged from the apartment.

When deregistering a child, it is necessary to provide a document confirming his registration in another territory.

It is important to comply with the deadlines during which the child must be discharged and registered in another place.

Most often, the apartment is the property of the child during the privatization process, so after obtaining the consent of each shareholder, the property can be sold.

However, to sell such an apartment you will need to obtain permission from an employee of the guardianship and trusteeship authority. He will check whether the interests of the child are respected and whether his rights are violated.

What are the difficulties of the transaction?

When selling an apartment in which a child is simply registered and is not its owner, there are much fewer difficulties. It is not necessary to contact employees of the guardianship and trusteeship authority, because you are not violating the property side of the minor’s rights. It is enough to find another place of registration for him.

If you do not sign the child out when selling the apartment, he/she continues to own it. He has the right to move in and live here at any time. This is inconvenient for the buyer, since his interests may be violated.

A child can be discharged from an apartment only with the application of parents or guardians at the passport office at the territorial destination. However, the decision is made by the FMS employee.

Please note!

• The child’s parents may resist removing him from the apartment. In this case, you will have to negotiate only with them;
• A FMS employee will rightfully refuse to deregister a child if a place for his further registration is not provided. As a rule, children always live together with their parents, therefore the registration address must match;
• a child who has reached the age of 14 years can be registered at any address, however, children who do not have a passport are registered at the place of residence of their parents or guardians;
• When trying to register a minor with grandparents or other close relatives, FMS officers may make a negative decision.

When buying an apartment, pay attention to the presence of people registered in it. If a child is registered in it, it is better to refuse the purchase so as not to encounter unforeseen difficulties.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues.

Risks when selling real estate

The legislation gives the right to sell real estate in which people are registered. However, buyers face some difficulties.

The risk, first of all, is borne by the buyer, because no one knows what goal the seller is pursuing. It is quite possible that after the sale he will move into the living space, and no one has the right to evict him.

Therefore, before purchasing real estate, it is worth agreeing on every nuance. This also applies to registered persons in the apartment. If the seller refuses to deregister minors, it is better to refuse the purchase.

Before signing a purchase and sale agreement, you should contact the passport office and find out who currently has registration in this residential area. If you don’t have time, you can ask for a certificate, an extract from the house register from the seller.

When guardianship and trusteeship authorities prohibit a transaction

If the apartment being sold is the property of a minor, you will need to obtain permission from the guardianship and trusteeship authority.

Remember!

• However, you will be denied in the following cases:
• if the child’s living conditions deteriorate significantly;
• if the housing provided in exchange is smaller in size than the apartment being sold;
• if the transaction is ambiguous, for example, both a sale and a gift;

The transaction will be declared invalid if the minor’s property is sold to a close relative. This applies to any type of property.

Any transaction involving a minor must be registered with a notary.

It is important to note that the guardianship and trusteeship authorities may refuse to issue permission if the child’s property is sold at a low cost, donated, or replaced.

After receiving permission and notarization of the contract, the buyer applies to the registration chamber to obtain a certificate.

Obtaining permission from the OOP

To sell an apartment that belongs to a child, you will need to obtain permission from the guardianship and trusteeship authorities. It should be noted that department employees will not allow the rights of a child to be infringed. Therefore, if you want to sell an apartment and in return buy a house that is inferior in area or in sanitary and epidemiological conditions, you will be refused.

When determining the optimal area when relatives move away, the living space is divided by each registered person, and then the total square footage of the new apartment is compared with the number of people living.

If, when selling an apartment, a child is provided with less living space, an amount equal to the cost of the missing meters is deposited into the minor’s personal bank account. Until he reaches 18 years of age, no one has the right to withdraw money from him.

Attention! Guardianship and trusteeship staff will have more questions if parents have not decided on the choice of new housing. That is, if you plan to first sell and use the proceeds to buy a new apartment, you will have to provide a written undertaking to provide the child with part of the property.

You can negotiate with the buyer. He first deposits the money for the purchase of property into a bank account, and after that receives permission from the guardianship and trusteeship authorities, as well as other documents for the purchase of housing.

To sell an apartment owned by a child, you will need to provide a lot of documents that confirm the need to sell the property. It will be possible to obtain permission if the 14-year-old citizen himself agrees to the transaction, and also if his rights are not violated.

If parents want to support the interests of their child, guardianship and trusteeship officials will meet them halfway.

Watch the video. The right of a minor to housing:

Features of transactions if the child is the owner

According to the current legislation of the Russian Federation, an apartment or a share in it owned by a minor can be sold only with the permission of the guardianship and trusteeship authorities. To obtain it, you should contact your local unit, presenting title documents and other papers confirming the improvement of your living conditions.

Important! The title documents for a minor’s apartment are:

• contract of sale;
• barter agreement;
• deed of gift;
• certificate of inheritance.

It is strictly prohibited to enter into a transaction regarding the sale of a child’s apartment with close relatives. The rule is described in the Civil Code of the Russian Federation.

How to draw up a real estate purchase and sale agreement

When selling an apartment owned by a minor, the main difficulty is obtaining permission from the guardianship and trusteeship authorities.

• obtaining permission from the PLO;
• signing a purchase and sale agreement with mandatory certification by a notary;
• transfer of real estate to a new owner;
• receiving funds for property, as well as placing them in the child’s bank account;
• registration of property rights of new users in the Russian real estate register.

If the child has not reached the age of 14, the purchase and sale agreement is signed for him by a guardian or parent. When concluding a transaction with a minor citizen over 14 years of age, a legal representative must be present.

Necessary documents for the transaction

When completing a transaction for the purchase and sale of an apartment belonging to a child under the age of 18, it is necessary to prepare an impressive package of documents, which is submitted to the guardianship and trusteeship authority to obtain permission.

It includes:

• passports for each parent, guardian of the child, as well as their copies;
• birth certificate of each child living in the apartment;
• birth certificate or passport of the owner;
• extract from Rosreestr of Real Estate;
• application for permission in the form of the territorial division of the guardianship and trusteeship authority;
• title papers for real estate, as well as a technical passport for the apartment;
• a document certified by a notary confirming the right of guardians to make a transaction on behalf of a minor;
• a receipt confirming payment of the state fee;
• purchase and sale agreement for an apartment;
• papers confirming the receipt of another housing to replace the one being sold.

Please note!

If parents or guardians refuse to submit at least one document, guardianship and trusteeship officials will refuse to issue permission.

PD staff have the right to check the actual living conditions of the child. When selling an apartment, parents are required to purchase real estate that is not inferior in area, sanitary standards and infrastructure. Permission or refusal is issued in writing.

If you do not have permission from the OOiP, there is no point in applying to other authorities. No one will be able to influence the decision of the main body protecting the rights and interests of the child.

The list of papers in each case is different, so before completing the transaction it is worth checking the full list in advance with the territorial division of your district.

ATTENTION! Look at the completed sample application to the guardianship authorities for permission to sell real estate owned by a minor:

Children under 18 years of age are prohibited from many things - driving a car, taking out loans, visiting nightclubs, but at the same time, on an equal basis with adults, minors can be full owners of housing, who must be taken into account during any manipulations with living space.

Right to property

According to the law, a minor child, like any adult, can be a full owner of a home, says Irina Shugurova, deputy managing director for legal issues at Miel - Real Estate Office Network. The law does not in any way restrict the purchase or donation of living space to a child. Do you want to give a teenager an apartment that he inherited from his grandmother, please?

Children can become owners of real estate in another way: the law obliges to include among the owners of a privatized apartment all minor citizens registered in it at the time of privatization.

But in both cases, the parents’ arbitrariness is limited by law. According to the legislation of the Russian Federation, today any transactions with the property of a minor must be carried out only with the prior consent of the guardianship and trusteeship authorities.

When selling an apartment to a child, you must receive:

Written consent to complete the transaction from the legal representatives of the minor - parents, adoptive parents or guardian. In this case, the purchase and sale agreement will also be valid if approval from parents, adoptive parents or trustees was received in writing after the transaction was completed;

Preliminary permission from the guardianship and trusteeship authorities to give consent by the trustee and parents to the purchase and sale of minors.

What in return?

But before you start collecting documents, you first need to analyze the planned transaction and further relocation, advises Natalya Kiseleva, a lawyer in the Academichesky office of the Inkom-Real Estate company. The fact is that in exchange for the apartment being sold, the children need to purchase property no smaller in area than they had before the transaction.

The purchased apartment has special requirements. The child's share in the new housing - in terms of area and cost - must be no less than in the apartment being sold. For example, if in a two-room apartment with an area of ​​50 square meters and a cost, according to the BTI, of 1 million rubles, the child owns exactly half, then in the purchased apartment he must own at least 25 square meters worth 500 thousand rubles. If instead of a two-room apartment they buy a one-room apartment, then the child’s share in it will accordingly be almost a whole part.

The location of the apartment is also taken into account. The guardianship authorities may react negatively to the option when, in exchange for an apartment in Moscow, the child is bought living space in the region. There must be good reasons for such a move.

Also, as a result of the transaction, a minor cannot remain homeless. Therefore, if you are selling a home without plans to buy a new one, the child will in any case have to be given a corresponding share in another apartment, for example, owned by the parents.

If there is a slight difference in the price of the apartments being sold and purchased, then the guardianship authority may allow the transaction, but only with the obligation to transfer the difference to the bank account of the young owner. The account will be blocked until the child reaches adulthood.

It should also be remembered that the parents, guardians, spouses of the parent (guardian), as well as their close relatives cannot buy an apartment from a minor.

When doubts arise that the rights of the child will not be infringed as a result of the transaction, you should contact the guardianship authority at the place of registration of the minor owner for preliminary consultation, advises the Inkom-Real Estate expert.

Collecting documents

After the transaction is approved, you can begin collecting the package of documents. The guardianship authorities must provide:

An application from both parents, guardians or trustees requesting permission to complete the transaction,

Consent of a minor over 14 years of age to live in the residential space acquired for him as a result of the transaction (at the same time, guardianship and trusteeship authorities in some areas require the consent of minors from 10 years of age),

Copies of financial personal accounts separately from the place of sale and place of purchase of residential premises,

Certificates of ownership of residential premises and a document - the basis of ownership - separately from the place of sale and from the place of purchase,

Certificates from the tax office confirming the absence of arrears in paying property taxes at two addresses (not required everywhere),

Certificates from the BTI certifying the book value of residential premises at the time of application (at two addresses),

Floor plan and explication (at two addresses),

Cadastral passports, and in the Moscow region also technical passports for both apartments,

Extracts from house books (at two addresses),

Certificates of absence of debts on utility bills,

Birth certificate of the minor and passports of representatives.

All documents are provided in originals and photocopies. It is better to start collecting documents in advance, since some certificates are not prepared in one day, recommends Kiseleva. The seller of the purchased apartment should also be warned so that he collects the required documents in a timely manner.

Preliminary permission to carry out a transaction is a resolution (order) of the local government body at the place of residence of the minor. The resolution, as a rule, is issued by the head of the municipality, that is, the prefect, clarifies Shugurova.

Be prepared for the fact that the guardianship authorities will set a deadline for the provision of registered documents, including extracts from the house register with a note on the permanent registration of the minor at the new place of residence. The period is set in proportion to the transaction: 1 month in the case of sale and simultaneous acquisition of residential premises, about 2 or more months subject to subsequent acquisition, for example, in a new building after registration of ownership.

Property protection

In general, the process of buying and selling housing owned by minor children is burdened with additional requirements of the guardianship and trusteeship authorities and, as a result, paperwork. But all this makes it possible to effectively protect children’s property from third-party attacks.

At the same time, as experts advise, it is better not to make minors sole owners. If a child owns 100% of the living space, difficulties may arise with the sale of square meters and utility payments. The “adult plus child” ownership scheme is much more convenient, says Natalya Kats, managing director of the exclusive real estate agency Usadba. In this case, joint ownership will protect the young adult owner from ill-considered actions and their consequences.

Young children and adolescents who have received a passport but have not achieved legal capacity cannot independently protect their property and civil interests, therefore the state regulates the norms of housing law provided for this category of citizens. Respectively, the sale of an apartment with a registered child is provided with additional measures to protect their interests. These include sources of legislation.

And also, a significant role in such cases is played by the Federal Law, adopted on December 29, 2015 under No. 391-FZ, which amends some legislative acts of the Russian Federation. In particular, it regulates the obligations of the parties to the transaction When buying and selling an apartment with children registered in it, notarize the transaction agreement.

Nuances when registering real estate if children under 14 years of age are registered there, and from 2 to 5 p.m.

Minor residents under the age of 14 do not have legal capacity to such an extent that all actions in their interests are required to be carried out by legal representatives, as stated in clauses 2 and 3 of Article 37 of the RF IC and Articles 19-21 of the Guardianship Law.

Article 37 of the RF IC. Recognition of the property of each spouse as their joint property

The property of each of the spouses may be recognized by the court as their joint property if it is established that during the marriage, investments were made at the expense of the common property of the spouses or the property of each of the spouses or the labor of one of the spouses that significantly increased the value of this property (major repairs, reconstruction, re-equipment and others).

REFERENCE: Legal representatives include parents (adoptive parents) and guardians (trustees).

If the minor is the owner, then all actions related to the transaction are carried out by legal representatives, upon receipt of special permission from the guardianship and trusteeship authorities. In other cases, parents or guardians will need to obtain permission, with a formalized obligation to register the minor at a different address. In addition, a child can only be registered together with his parents, or with one of them.

At the age of 14-17 years (inclusive), adolescents acquire partial legal capacity, relying on paragraph 1 of Article 28 of the Civil Code of the Russian Federation and Articles 19-21 of the Law on Guardianship. Therefore, being the owners of the property, they can independently sign all the documentation on the transaction, and parents or trustees only affix a certifying signature indicating their consent to the transaction. The same applies to registration, in which a teenager who has received a civil passport can participate independently, with the permission of parents or guardians.

At this age, the child can register with any of the relatives, which makes his discharge easier, provided that grandparents and other relatives have living space with whom the new owner can sue.

Risks and problems

The buyer of an apartment in which a child is registered falls under the authority of the above laws, by virtue of which he may receive the following legal consequences:

That is, having bought a home, the owner of the apartment will be legally helpless. Subsequently, selling such an apartment will be fundamentally difficult, since the transaction may be considered “not clean” and has an encumbrance.

IMPORTANT: The right to registration is retained by a mother with minor children until they turn 18 years old, or until the woman acquires the right to use residential premises at a different address.

Another one An important detail that can lead to risk is the dishonesty of the apartment seller. For example, a package of documentation for a transaction fully completed by the guardianship authorities represents full legal capacity to purchase and sell.

However, if the legal representatives do not purchase the promised housing in return, or do not purchase it within the framework established by the guardianship authorities, they, in turn, will file a prosecutorial complaint or a lawsuit in court, legally protecting the rights of the child. In most similar cases, such transactions are terminated upon sale and.

Situations when it is impossible to remove a minor from registration

Sometimes all attempts by the property owner to defend their property interests turn out to be useless. Despite his constitutional rights, he remains defenseless against the laws protecting the interests of children. Please note that it is impossible to discharge a child:

Therefore, it is impossible to simply remove such a tenant from the registration register at the whim of the owner. According to the requirements of the guardianship authorities, upon discharge after the transaction:

1. indicate the address where the minor is traveling;
2. confirm that the new conditions are equal to or better than the previous ones.

The discharge of a minor to residential premises, the living conditions in which differ in the direction of worsening, may be prohibited by the Authorities.

ATTENTION: Unscrupulous citizens often use these laws for fraudulent purposes, continuing to live in the apartment they sold.

How can a buyer protect himself and avoid difficulties?

To avoid problems that may result from registering children in the purchased apartment, it is best if parents with minors and teenagers register in advance, before the transaction is completed. This is the most correct option, under the following conditions:

• after discharge, the family will be registered in a new place, with normal living conditions that will satisfy the guardianship authorities;
• children under 14 years of age will be registered together with their parents, or with one of them;
• will present the buyer with an extract from the house or apartment register certifying the fact of registration at the address.

If children have already received a passport, it is permissible to release them to relatives without parents, which should also be confirmed documented - by presenting an extract. If a minor is the owner of the purchased apartment, then the documents issued by the guardianship authorities must be checked. It should be borne in mind that failure to comply with the instructions received by legal representatives will lead to the cancellation of the transaction.

Accordingly, the contract should take into account all the nuances of the transaction so that possible termination does not cause property damage to the buyer. In particular, introduce a provision that in the case of bilateral restitution, he receives in full all the money transferred under the transaction to the seller, so as not to receive it in small portions for 15-20 years, losing the advantage of using it.

Step-by-step instructions: how to buy real estate if there are minor tenants in it

Inspection of the premises

Once a property has been selected for the transaction, you need to inspect the premises. If it meets the requirements, check the documentation for the purity of the transaction. Here all documentation has legal value. Including an extract from the apartment register. If it lists registered children, then you need to talk to the property owners and ask the mother and child to register before the transaction is completed.

If he refuses, ask him to give reasons. If the refusal is motivated by objective reasons, then the buyer chooses between purchasing the apartment he likes and searching for a new property. If the sellers’ answers are in doubt, then the best thing to do is refuse the deal.

When purchasing such an apartment, the parties' actions will be as follows.

1. You need to contact the guardianship and trusteeship authorities at your residence address.
2. Next, the owner writes a statement of intention to carry out the transaction.
3. To confirm the legality of the actions, it is advisable for him to conclude (PDC) on the purchase of a new home. Then the application will indicate that a new living space is being purchased at the expense of the apartment being sold.

The following must be attached to the application:

• buyers' passports;
• birth certificates of their children;
• a copy of the PDCP;
• a copy of the extract from the Unified State Register of Real Estate for the apartment purchased by the sellers;
• a copy of the extract from the Unified State Register of Real Estate for the apartment for sale.

Conclusion of a purchase and sale agreement

After receiving permission from the guardianship, the second step is taken - conclusion. If the seller concludes an alternative deal, or he has already selected a new home for purchase, you can do without concluding a PDCP by drawing up and signing the main agreement. When drawing up a deed of sale, it is necessary to provide for all the nuances that may lead to the family’s refusal to be deregistered.

Therefore, the provisions of the contract must include:

Notarization

The agreement drawn up in triplicate is signed by the parties, after which the third step is taken - certification of the bill of sale. Only a notary can certify a purchase and sale agreement, in the notary's office at the location of the property.

Registration of a transaction

After certification by a notary, a property transaction agreement is subject to registration on the basis of the provisions of Article 131 of the Civil Code of the Russian Federation and Law 122-FZ of July 24, 1997. Registration of the transaction is the fourth step, which, if the outcome of the case is favorable, will be the last. To register, the parties apply jointly to Rosreestr, or submit a package of documentation.

This will require the transfer of new contracts and parties involved in the transaction. A copy of the guardianship permission is also attached to it. The registrar checks the documentation, accepts it against signature and sets a date for a return visit.

On the appointed day, upon presentation of a passport and receipt received at the MFC, the buyer receives:

• transaction agreement with a registration mark;
• extract from the Unified State Register of Real Estate.

From this moment on, he is considered the legal owner of the apartment.

A purchase and sale agreement certified by a notary is exempt from paying the registration fee.

After the seller has received his copy of the bill of sale with a registration mark, he has the right to go to the passport office and write an application for an extract, together with his minor children. You must register at your new address within two weeks. Simultaneous registration at a new address, with an extract from the premises where the family previously lived, is also permissible. Both options are legal and at your discretion.

Algorithm for discharging a person from acquired housing who has not reached the age of majority

If the seller deceived the new owner and did not check out, then he will have to deal with this issue on his own by going to court. Only with the consent of the jurisdictional authority is it permissible to discharge a mother and children. But you must first notify her of your intention to go to court. It is better to send the notification by Russian Post to the address that was indicated as the place of future residence to the guardianship authorities.

If there is no response to the sent request within a month, you can file a lawsuit. You need to file a claim in the district court at the location of the house with an apartment where the previous residents are illegally registered (Article 28 of the Civil Code of the Russian Federation). Here a statement of claim is written, in which all the circumstances of the case are indicated; special attention must be paid to the points.

1. Under what circumstances was the apartment purchased, when the ownership was registered and the transaction agreement was certified by a notary.
2. What is specified in the agreement regarding the deregistration of previous owners - list in detail, point by point.
3. What guarantees did the seller give regarding the family’s discharge? Provide a link to existing documentation.
4. Explain that all standards were followed properly, including contacting the guardianship authorities.
5. Be sure to indicate that before going to court, a notice was sent to the defendant demanding deregistration at the specified address.

The request asks the court to “Admit the claim in full. Allow the deregistration of citizens (indicate last names) with minor children (indicate last names). When filing a claim, the following required documentation is required:

• passport;
• contract of sale;
• extract from the apartment register;
• postal notification of sending a letter to the defendant;
• receipt of payment of the duty (300 rubles).

Besides it is required to attach evidence that the extract was requested legally. For example:

1. cadastral extract about the availability of housing for close relatives of the seller;
2. a copy of an extract from the Unified State Register of Real Estate on the acquisition of new residential premises by persons;
3. certificates from guardianship;
4. other documentation confirming the legality of deregistration.

By decision of the court, the owner of the apartment has the right to remove parents and children from the register.

REFERENCE: If the court refuses to recognize the claim, then within 10 days you can file an appeal to the regional court.

Read about how to discharge a person registered in a purchased apartment.

Conclusion

Minors registered in the apartment being purchased may cause problems for the future owner if their parents do not sign them out on their own initiative. In this case, you will need to go to court and carry out the procedure for deregistration by court decision.