Transactions with young or minor children are always of special concern. To perform an action under an agreement with the owner-child, we obtain the consent of his legal representatives - mother, father. For the most part, official events related to the purchase of houses, cottages, dachas, etc., where children appear, are not easy.

Children under fourteen years of age are minors. Teenagers under eighteen years of age are considered minors. They have much more rights and freedom in concluding official papers. They can sign the documents themselves. They are allowed to make transactions in the presence of their father or mother. A citizen of the Russian Federation participates in the transaction if he has a passport. This document is issued at the age of 14.

A minor or young child owns an apartment/share in an apartment

A minor or young child owns an apartment/share in an apartment. You can sell real estate if it belongs to a small person. Written permission for its implementation from a legal representative is required. You also need to get a written statement from the supervisory authorities responsible for this topic. This will happen if you collect the optimal package of relevant necessary papers.

Guardianship and trusteeship authorities

A specialist in the guardianship department draws up a register of documents and submits it to the commission. She also issues an order, which clearly states under what conditions the transaction can be completed. Members of the commission try to take into account those points due to which the deal will not go through. And the rights of the child will be infringed. The main principle in this case is do no harm! The child's own share should not decrease. And housing will become worse. You can request that the money for the property being sold be transferred to an account that will be opened specifically for the child. Keep in mind! The decision of the guardianship authorities can be challenged. In addition, the consent of the guardianship service is required if a minor lived in the apartment at the time of its privatization, but was not included in the list of owners.

A transaction can be challenged and declared invalid if the guardianship service has authorized the sale of one apartment and the purchase of another at a specific address. But the parents changed their minds and purchased a completely different option. It also happens that circumstances develop in such a way that you urgently need to purchase an apartment at a different address. Then you need to get permission again from the guardianship service. In practice, there have been cases of termination of transactions when the permission was not signed by an authorized person.

When the consent of the guardianship and trusteeship authorities is not required

The consent of the guardianship service is not required if a person marries before the age of eighteen. He acquires full legal capacity. Those who have turned sixteen and are already working under an employment contract can be considered legally competent with the consent of their parents or by a court decision (emancipation) (Article 27 of the Civil Code of the Russian Federation). Further. An example: a child has his own business and is engaged in business on his own. Recognition of full legal capacity is confirmed by relevant documents: a marriage certificate or a decision of the guardianship service or the court. Previously, for procedures involving minors, agreements drawn up in simple written form were provided; now such agreements must be notarized.

Federal Law No. 391*ФЗ dated December 29, 2015 obliges to notarize some real estate transactions

At the end of 2015, Federal Law No. 391-FZ of December 29, 2015 came into force. It makes it mandatory to notarize any real estate transaction if it involves a child who has not yet reached the age of majority. If the child owns the apartment or some part of it, then the agreement is certified by a notary. If you are simply registered in the apartment, then there is no need for such a procedure. This law was adopted to additionally protect the rights of minor citizens, as well as to reduce the time required for state registration of such transactions: three working days, electronically - one working day. We dare to note that children participate in almost every tenth transaction. If the agreement is not certified by a notary, then such an agreement will be considered void and registration of the right will be denied. As a result of the adoption of the law on notarization of real estate transactions involving children, people involved in sales must be prepared for additional expenses for notary services - 0.5% of the value of the property plus additional notary expenses. For example, drawing up a purchase and sale agreement, technical and legal examination of documents. Moreover, each notary has his own prices. We draw your attention to the following: the total amount of the transaction made at the notary should not exceed twenty thousand rubles. Purchase and sale agreement for a transaction with a teenager, child, you can print your own. Or draw it up with the help of a real estate company. This is your legal right.

We conclude: real estate in which one of the legal holders is under the age of majority will be difficult to sell and the costs will be higher. And thanks to certificates for maternity capital, the share of such real estate in Tyumen is growing every year. Buyers choose apartments where there are no child owners. Real estate sellers, including young or minor children, will have to reduce the cost of residential premises in order to remain competitive in the market. Of course, the introduction of this law creates additional hassle for both notaries and realtors, but in general it will help protect the rights of minors.

Changes in the registration of real estate transactions since 2016: sale of rooms, shares and property of minors only through a notary.

On the basis of the Federal Law of December 29, 2015 N 391-FZ, some changes were made to the legislative acts of the Russian Federation, the effect of which began on January 1 of the new year. The innovations apply to buyers and owners of rooms, shares in apartments and real estate owned by minors, as well as legally married citizens who want to buy or sell housing. In short, all of the above categories of citizens cannot avoid a notary since 2016! If you are interested in the details, then take a little time and read on...

Let's start with married citizens: according to the changes dated December 25, 2015. in the Family Code, if one of the spouses wants to purchase real estate or sell it, since 2016, the notarized consent of the other spouse to complete this transaction is required. Notarization of such a transaction is not necessary if we are not talking about a room in a communal apartment or a share. We went through all this a couple of years ago. Then the notarial consent of the spouses became optional for registering transactions. In the end, what they left behind is what they returned to.

Also, spouses who, for some reason, decided to divide property acquired during marriage by mutual consent, without bringing the matter to court, starting from 2016, will have to have this Division Agreement notarized.

As for shares of real estate and rooms in communal apartments, purchase and sale agreements for such property are subject to notarization in the event of sale to third parties (not neighbors or other share owners). If the share is sold to one of the co-owners, then, subject to proper notification of the other co-owners, the agreement can be concluded in simple written form without involving a notary. The same is true with rooms: if a room is sold to one of the neighbors, then, provided the other neighbors are properly notified, the agreement can be concluded in simple written form. Notifying neighbors and owners of other shares about the intention to sell a room/share, since 2016, is only possible by a notary. The Moscow Registration Chamber previously accepted only notarized certificates of notification of neighbors/co-owners; in the Moscow region, telegrams from individuals were also accepted, but now we notify only through notaries.

These innovations, according to parliamentarians, are designed to protect owners of shares of apartments and rooms from raider takeover. It’s not clear how notaries will determine with what intentions the buyer came: to live with neighbors in peace and harmony or to create unbearable living conditions and then buy up the remaining share on the cheap?! Moreover, as a co-owner, the raider will no longer be required to enter into a purchase and sale agreement through a notary.

The main loophole remained for the raiders - the gift agreement. If parliamentarians and the notary chamber so advocate for the interests of citizens, why not make it mandatory for the notarization of the gift agreement?!

Since 2016, the sale of property belonging to a minor or a person under guardianship is carried out only with a notarized purchase and sale agreement. The permission for the transaction from the guardianship and trusteeship authorities has also not been canceled. Apparently, the guardianship authorities do not sufficiently protect the interests of children and citizens with limited legal capacity; now notaries will also do this.

One thing is clear: the costs of such transactions will increase. Who will bear this burden? At the initial stage, most likely, expenses will be divided as agreed by the parties.

Director, January 15, 2016 - 15:01

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The dacha amnesty has been extended for two years.

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According to which the transfer of shares of real estate from one owner to another must be formalized only through a notary.

It doesn’t matter whether a good owner gives or sells a couple of meters of his apartment, in any case, he cannot simply shake hands with the future owner of the share. The transaction will need to be completed through a notary. And he will make sure that no one’s rights are violated.

When an apartment begins to be legally divided into meters and centimeters, there is always a danger that this will not end well.

This is often used by scammers and bandits. They buy some small share of real estate. Such that, perhaps, it is difficult to see even under a microscope. And then other hosts begin to survive.

There are always plenty of ways to make another person's life miserable, and scammers take advantage of this. And then they buy the remaining meters from other owners for pennies. The unfortunate neighbors are already happy to run away to hell.

More precisely, they are not happy, of course, but what else can they do?

At the end of last year, a law was passed. Among other things, he obliged to sell real estate shares through a notary. But only sell. If the owner decided to give his meter to someone, he could simply write a deed of gift on a piece of paper and go to Rosreestr. So there was still a loophole for scammers.

According to experts, the crooks could have used different schemes. For example, donating to a stranger not the share itself, but even a micro-share of an existing share in real estate. That is, cut off a little from what has already been cut off.

The new owner ceased to be an outsider in the apartment, and then the entire share could be transferred to him, bypassing the notary.

Now these and other loopholes for scammers will become a thing of the past. Since, according to the new law, all transactions for the alienation of shares in real estate are subject to notarization. The notary, in turn, when certifying the transaction, is obliged to make sure that the co-owners of the real estate are properly notified of the possibility of a pre-emptive right to purchase.

So, in secret from other owners, not a centimeter of their apartment will go into the wrong hands.

The Federal Notary Chamber of Russia especially noted that when certifying, for example, a share donation agreement, the notary will have to check whether the transaction is sham. In other words, are the parties trying to cover up some other deal with its help? Let's say whether a donation covers a purchase and sale transaction. The man says that he seems to be giving. But in fact, he sells.

If a notary refuses to certify such a transaction, citizens may go to court. But it is unlikely that people who initially had bad intentions will go there. After all, the court will examine all the circumstances and may see that, for example, a family with minors lives in this apartment, and there is reason to fear that the proposed transaction may lead to a deterioration in their living conditions. And so on.

It is important that in the process of certifying the transaction, the notary will explain to the parties the real consequences of the transaction, in particular, that such a transaction may subsequently be declared invalid by the court, because violates the rights of other co-owners, or draw the attention of one of the parties to the fact that the proposed terms of the transaction violate its rights or worsen its position.

Ordinary people are sometimes not strong in legal subtleties and do not understand the real consequences of the transaction. That’s why they fall for the beautiful speeches of scammers. Therefore, it was decided to involve a notary in the case, who will protect people.

The new law also introduces serious protection for the interests of minors. Now, not only the sale of a minor’s share in real estate must be certified by a notary, but any form of alienation of a minor’s real estate falls under the mandatory notarial form of the transaction.

Fraudsters or unscrupulous relatives, guardians or legal representatives will not be able to rob children of their legal housing through, for example, an exchange agreement.

The tariff for notarization of transactions with shares in real estate is affordable. According to the Tax Code, the tariff will be 0.5 percent of the cost of the share, but not more than 20,000 rubles.

By the way, recently the Federal Notary Chamber of Russia published statistics showing a new trend: citizens began to turn to a notary more often to register real estate.

The number of transactions with housing registered through a notary has increased by one and a half times. During the year, notaries sent 97 thousand documents to Rosreestr for registration of real estate rights.

In fact, the notary now works in one-stop mode: he collects the necessary package of documents, submits them to Rosreestr, receives them and issues them to the parties to the transaction.

If documents are submitted electronically, the transaction can be registered in one day.

“The task we set for notaries is to ensure the legal purity of transactions, and not just the formal recording of the transfer of rights,” Sergei Gavrilov, chairman of the State Duma Committee on Property Issues, recently told RG. “The results show that the actions we took a year ago , have justified themselves and will be justified in the future: the total public costs of notarial actions have significantly decreased. Not only in direct costs in terms of tariffs, but also in reducing the number of court cases, time and financial expenses of citizens, both in applying to Rosreestr and in applying to the courts."

How much will you have to pay for the sale of an apartment in shared ownership and why realtors decided to increase their commission after the new law came into force

Photo: TASS/ Stanislav Krasilnikov

In June 2016 in Russia, which prohibits giving, changing, buying and selling housing in shared ownership without a notary. This means that now every transaction with shares of apartments and houses. Without this assurance, Rosreestr will not register the transaction.

The amendments affect transactions with entire apartments and with individual shares - in the event that several owners own an apartment as part of common shared ownership. “Now a transaction for the sale of real estate can be completed in simple written form only on the condition that the property is individual or joint - without determining the shares,” explained Irina Andreichenko, legal adviser at the Inkom-Nedvizhimost real estate agency. Common joint property in Russia refers to cases where several people are considered the owners of one apartment or house, who have one certificate of ownership for all of them. The head of the legal department of the Federal Notary Chamber (FNP), Alexander Sagin, confirmed that under the new law such transactions do not require certification.

The innovation will seriously change the market, realtors and notaries told RBC Real Estate. “Before, notarial transactions were the exception to the rule. The contracts were drawn up mainly in simple written form,” Andreichenko said. “Currently, we do not have statistics on the number of notary transactions after the adoption of the new law, however, given that at least half of the apartments are in common shared ownership, it becomes clear what percentage of participants in transactions will turn to a notary.” “Previously, notarization was optional, rarely did anyone use this service - only about 5% of buyers,” added Oksana Ivanova from the real estate agency NDV-Real Estate.

The ban on donation, exchange and sale of shares without a notary is the most noticeable, but not the only innovation that the new law provides for. Thus, from June 2, 2016, without notarization it is impossible to carry out any transaction with housing owned by a minor owner. “Now only 1-1.5% of the total number of transactions can be formalized in simple written form. For example, this is a purchase and sale transaction when the owner of the property is one adult owner,” said Marina Tolstik, managing partner of the Miel-Network of Real Estate Offices agency.

The law is already working in practice; it is impossible to circumvent the new requirements and register the transaction in simple written form, the agencies Miel, Inkom, Relight and NDV told RBC Real Estate. “As always, there is a loophole in the law - you put the date June 1, 2016 in the sales contract and save money on the notary transaction. The question is how long will citizens be able to do this,” wrote Alexander Chernokulsky, president of the Novosibirsk Association of Realtors, in his column on the NGS-Real Estate website. “Cases of successful transactions without notarization in Rosreestr are most likely due to the inattention or ignorance of specific state registrars of the new rules for the alienation of shares,” explained Natalya Shatalina, general director of the Miel-Novostroiki real estate agency.

Why is the law needed?

The Federal Notary Chamber is confident that the new law will eliminate loopholes that were exploited by scammers. “The consequences are definitely positive,” Sagin said. “And for citizens, whose rights will be reliably protected, and for the reliability of information from state registers, which are still often disputed in court. Even with the passage of time, there have been cases when a bona fide buyer discovered that the real estate he owned, acquired in accordance with the entry in the Unified State Register valid at that time, is no longer his property, since previous transactions were challenged in court. And if the scammers disappear, then no one will compensate for the damage. Unlike a notary, who always bears full financial responsibility for his actions. If the notary has doubts about the completion of a sham transaction (for example, substituting a gift for a purchase or sale), he will be able to refuse to certify it.”

Additional protection for the transaction will be provided by the notary’s obligation to read out loud the agreement of gift, exchange or purchase and sale, says Konstantin Barsukov, general director of the Relight Real Estate agency. “The notary certifies that the signature under the agreement was put by the person who should sign it, and also that the parties to the transaction are sober and understand the meaning of their actions,” Barsukov explained.

However, many realtors, as well as buyers and sellers of real estate, were dissatisfied with the innovations. “Sellers are neutral, since they do not bear the costs of performing these actions. Buyers are indignant, but tolerate it because they are left with no choice,” said Irina Andreichenko from Inkom-Real Estate. — There is an opinion that the new law is anti-realtor, that sellers and buyers of residential premises will stop turning to realtors, since “everything will be checked and done by a notary.” However, a notary has no right to engage in entrepreneurial or other paid activities. Realtors will continue to select residential premises, search for buyers, arrange transactions and transfer of property.”

“This law is not anti-real estate. “In my opinion, he is anti-civilian,” retorted Konstantin Barsukov. — All participants in the real estate market understand perfectly well that realtors are the only ones who actually check the legal cleanliness of an apartment. Who else in the market can do this? Notary? He receives documents for the apartment on the eve of the transaction and is physically unable to check the information on previous transactions. Yes, he doesn’t need it. The notary guarantees that the current transaction was completed without violating the law and by those persons included in the contract. And it is precisely according to the legality of this particular transaction that the notary is responsible with his property. What happened before this transaction, on what basis the seller’s right arose, is not of interest to the notary and is not within his area of ​​responsibility.”

The main argument of the supporters of the innovation is the hypothetical elimination of litigation over apartments that could be sold illegally, as follows from the comments of the notary community. “The goal is to achieve the reliability of data from state registers, when an entry in the Unified State Register will be guaranteed by the responsibility of the notary. It is worth noting that the costs of citizens for legal proceedings are many times higher than the costs of notarization of a transaction, which guarantees citizens the protection of their rights,” Sagin noted. “There are skeptical opinions that the new procedure is aimed at increasing the timing of transactions and supporting the notary community,” Natalya Shatalina from Miel-Novostroyek responded to notaries. “At the same time, the new rules do not exclude the possibility of challenging transactions for the alienation of shares.”

According to procedural legislation, circumstances confirmed by a notary when performing a notarial act do not require proof, Inkom-Real Estate legal adviser Irina Andreichenko explained the legal side of the issue. “Such a legislative presumption makes us wonder: are all notaries so uncompromising and law-abiding? Considering the sad practice of the nineties, not always and not all,” Andreichenko said. — The longer a notary works, the more fearless he becomes. Many people remember how many notaries were convicted in connection with abuse of power; notaries were attacked, their seals were stolen, their archives burned... And the lost property was not returned to citizens. In practice, the liability of notaries is limited only by the amount of insurance compensation. It’s no secret that notaries themselves rarely own property.” “We can congratulate the notary lobby,” Barsukov concluded.

How to sell apartments and shares

Thanks to modern legislation, anyone who wants to sell their share of an apartment or house is obliged to notify the other owners of the property about all the conditions of the future transaction. Within a month, existing owners may demand the right of first refusal: in this case, the property will have to be sold to them, and not to a stranger, realtors explained. “The notice must be sent in writing,” Shatalina indicated. — It must be taken into account that the transaction for the sale of the share can take place no earlier than a month after the official notice was sent to the remaining owners of the apartment. True, if the participants in shared ownership write a written refusal to purchase this share, then the transaction can be completed in a shorter period of time.”

As a result, the likelihood of scammers buying out a share at a low price is reduced - it is not profitable for attackers to buy a share at market value, explained Natalia Kuznetsova, general director of the Bon Ton real estate agency. “But the seller may intend to sell his share to a specific person with whom he is not related, such as close friends. And he will be forced to initially offer his share to his neighbors,” Kuznetsova noted.

The process of registering a transaction will take longer, realtors stated. “Previously, we could conduct a transaction in one day: make a cash or non-cash payment between the seller and the buyer and immediately sign a purchase and sale agreement drawn up in simple written form, this took on average one hour,” Oksana Ivanova from NDV- gives calculations. Real estate." “Now, after the mutual settlements have been completed, you need to come to a notary, draw up a purchase and sale agreement, sign it and take it for registration.” “Now, in alternative transactions between Moscow and the Moscow region (there are quite a few of them), you will have to go to different notaries. That is, legislators not only increased the cost of alienation of real estate, but also complicated the process,” said the director of the Relight Real Estate agency.

A significant part of transactions, including mortgages, are concluded with banks, which independently draw up a purchase and sale agreement for the owners, Moscow realtors indicated to RBC Real Estate. Because of this, the parties to the transaction have to leave the bank to see a notary for certification, and then return to receive the money. “Given that notaries are always located almost within walking distance from bank offices, there is no need for the presence of a notary in the bank office,” says Moscow notary, member of the Federal Notary Chamber Commission on Ethics, Professional Honor and Image Ekaterina Leksakova.

What is the price

Before the law came into force, independently completing a transaction cost Muscovites 5 thousand rubles, as calculated by the Miel-Network of Real Estate Offices company. “The state duty for registering the transfer of rights to real estate is 2 thousand rubles, another from 1.5 thousand to 3 thousand rubles. it was worth the draft purchase and sale agreement,” explained Marina Tolstik. — If the parties to the transaction decided to use the services of intermediaries (registrars), who took over the entire process, then the costs increased to 11-15 thousand rubles. Now registration of an apartment will cost from 20 thousand rubles; in each case the amount is calculated individually. Additionally, the notary will take from 5 to 15 thousand rubles. for technical work." “It is clear that with the price of an apartment in Moscow 15-20 million rubles. these 15-20 thousand rubles. “An insignificant fraction doesn’t make a difference, but for the regions the figure is significant,” says Alexander Chernokulsky, president of the Novosibirsk Association of Realtors.

The cheaper the apartment, the cheaper the cost of certification will be, notaries and realtors indicated. “According to the Tax Code, the tariff will be 0.5% of the transaction value, but not more than 20 thousand rubles. That is, when selling real estate at a price of 1 million rubles. the tariff will be 5 thousand rubles. If you look at the average indicators by region and take into account that we are talking about shares in real estate, then we can talk about a certain conventional value of the cost of a share of 500 thousand rubles. or less. Thus, the tariff will be 2.5 thousand rubles. or less,” Alexander Sagin told RBC Real Estate.

It is still unclear who exactly will pay the notary. “According to an unspoken custom, the costs of document preparation are always borne by the buyer,” says Marina Tolstik. “The cost part falls on the seller,” Oksana Ivanova from NDV-Real Estate disputed the arguments of her colleague. — Previously, such a load did not arise. Sellers complain about these nuances, although no transactions have been disrupted due to such a situation. We always managed to find a compromise.” “I think that if given a choice between an apartment with such expenses and without them, then there will be bargaining,” says Konstantin Barsukov from Relight Real Estate. — If there are more sellers on the market than buyers, then most likely the costs will fall on the seller. If it’s the other way around, then it’s on the buyer. This has nothing to do with real estate services, so realtors are unlikely to bear such expenses.”

What will happen to realtors

The increase in the cost of housing transactions due to mandatory notarization could be offset by a reduction in other costs. An obvious expense for the buyer is paying for the services of a realtor. In the context of the struggle for clients, real estate agencies could reduce the commission to retain those who do not want to spend additional money on a notary. Nevertheless, when asked whether the introduction of a mandatory fee for notarization of transactions would lead to realtors reducing their commission, all agencies surveyed by RBC Real Estate unanimously answered “no.” “We can talk not about reducing, but about increasing the commission,” says Oksana Vrazhnova, chairman of the board of the Miel group of companies. — Selling a share is a very complex and labor-intensive process: it takes a lot of time, and the commission for selling a share is significantly lower than for a transaction with a whole apartment. Therefore, realtors try to convince clients that the deal is profitable with all participants in shared ownership, and not with just one of them. I believe that other market participants will adhere to the same position.”

Miel's findings were confirmed by the Inkom-Real Estate agency. “There is no talk of any reduction in real estate commission in our company. I am convinced that the position of the entire professional community will be the same,” said Mikhail Kulikov, director of the secondary market department. “The content of a professional real estate service is to help a person in his problematic housing situation: its analysis, selection of optimal solution options, negotiations with participants in a possible transaction, organization and ensuring the security of real estate transactions. This is a high-tech process that involves, among other things, mandatory work “in the field.” A notary cannot replace a professional real estate specialist. The extent to which the notary guarantees the buyer the preservation of property rights is an open question. In our opinion, legislators have added headaches to buyers and significantly increased their transaction costs. Notaries are obviously grateful; realtors shrug their shoulders in bewilderment, and buyers are forced to pay new bills that are essentially imposed on them.” “If we draw analogies, then such actions performed by a commercial company would be considered an imposed service. But our legislators apparently think differently,” Barsukov supported his colleagues.

In the Civil Code of the Russian Federation (hereinafter - the Civil Code), minors are divided into two categories - minors under 14 years of age (minors), and minors aged 14 to 18 years. The second category differs from the first in that it is endowed with greater rights when concluding civil transactions.

Minors between the ages of 14 and 18 already have the full right to take part in transactions: they independently enter into contracts, sign documents, etc. However, all their actions occur with the written consent of parents or other legal representatives. Minor citizens do not have such rights; their parents or other legal representatives take part in transactions for them.

When making transactions where one of the parties is a child, first of all, it is necessary to understand who his legal representative is, that is, whose participation is necessary in the transaction, and what documents confirm the representation.

So, the legal representatives of a minor child are his parents or adoptive parents. In the absence of parents, adoptive parents, as well as in cases where minors are left without parental care for other reasons, for example: when a court deprives parents of parental rights or when parents evade their upbringing, the legal representatives are a guardian (for minor citizens) or a trustee ( for children from 14 to 18 years old) These representatives perform all legally significant actions on behalf of minors and in their interests.

Legal representatives confirm their authority with the relevant documents: parents - with a passport and birth certificate of the child, adoptive parents - with an adoption certificate, guardians and trustees - with documents issued to them by local government bodies. If a child is being raised in a foster family, then a document is submitted on the transfer of the child to a foster family, issued by the guardianship and trusteeship authorities. If a child is in a state institution for orphans and children left without parental care, then the head of this institution is his guardian, who acts on behalf and in the interests of the child based on the decision of the authorized body to place the child in the institution, and another person represents a power of attorney , confirming his authority to act on behalf of the institution (if the functions of a guardian/trustee are carried out by such an institution).

When applying for state registration of rights and transactions with real estate objects, an application and other necessary documents on behalf of minors under the age of 14 are submitted by their legal representatives, and they also sign contracts. If the child is between 14 and 18 years old, then he signs the contract, submits an application for state registration of rights and documents for registration - independently.

In addition to the application and the documents required for the state registration of rights to real estate and transactions with it provided for by the legislation on state registration of rights, other documents established by the legislation of the Russian Federation are also provided for state registration of rights, including:
- a document confirming the powers of the legal representatives of the minor,
- a document confirming the right of a minor aged 14 to 18 years to dispose of property independently, without the consent of legal representatives: a decision of the guardianship and trusteeship authority or a court recognizing a minor who has reached 16 years of age as fully capable (emancipated), a certificate of marriage of a minor (in cases established by Article 21 and Article 27 of the Civil Code);
- written consent of legal representatives to carry out a transaction by minors aged 14 to 18 years (Article 26 of the Civil Code, paragraph 3 of Article 60 of the Family Code of the Russian Federation - hereinafter referred to as the IC);
- permission from the guardianship and trusteeship authority to dispose by legal representatives of the property of persons under fourteen years of age (clause 1 of article 28, clause 2 of article 37 of the Civil Code, clause 3 of article 60 of the Civil Code);
- permission from the guardianship and trusteeship authority for legal representatives to give consent to minors aged 14 to 18 years to dispose of property (clause 1 of article 26, clause 2 of article 37 of the Civil Code, clause 3 of article 60 of the Civil Code).

Failure to submit the above documents for state registration of rights will result in refusal of state registration of the transaction.

In what cases is the permission (consent) of the guardianship and trusteeship authority mandatory - these are:
- renting out property owned by a minor;
- alienation of property belonging to a minor;
- transfer of property of a minor for free use;
- transfer of a minor’s property as collateral;
- renunciation of rights belonging to a minor, including renunciation of the right of pre-emption to purchase a share in property rights, refusal to participate in privatization, renunciation of inheritance;
- division of property of a minor;
- transactions entailing a decrease in the property of a minor;
- alienation of residential premises in which members of the family of the owner of this residential premises who are under guardianship or trusteeship live or minor members of the owner’s family left without parental care (which is known to the guardianship and trusteeship authority), if this affects the rights or interests protected by law of these persons.

It should be borne in mind that the permission (consent) of the guardianship and trusteeship authority will be required not only when alienating the property of a minor. For example: a child may receive money as an inheritance or gift, and therefore may be able to pay the costs associated with acquiring real estate in his or her name. If real estate is purchased at the expense of a minor, and thus his funds as a type of property are reduced, then in this case it is also necessary to obtain permission (consent) from the guardianship and trusteeship authority to carry out such a transaction.

As for the specifics of transactions involving minors, Russian legislation provides for prohibitions on some of them. In accordance with paragraph 3 of Art. 37 of the Civil Code, a guardian, trustee, their spouses and close relatives do not have the right to enter into transactions with wards, with the exception of transferring property to the ward as a gift or for free use, as well as to represent the ward when concluding transactions or conducting legal cases between the ward and the spouse of the guardian or trustee and their close relatives. Taking into account Art. 28 Civil Code, as well as Art. 60 of the Family Code, this legal requirement also applies to cases where parents of minor children participate in a transaction as their legal representatives.

According to this norm, it is impossible, for example, to sell an apartment belonging to a minor citizen, for whom his mother acts, to the mother’s parents or other close relatives. Thus, transactions for compensation between minors and their legal representatives are prohibited, regardless of whether children are the acquirers or alienators of property. Therefore, legal representatives (or their relatives) can only give the child their real estate (or a share in the right of common ownership), that is, they can enter into gratuitous agreements that entail an increase in the property of the minor.

Another prohibition is in accordance with Art. 575 of the Civil Code, donations on behalf of minors by their legal representatives are not allowed, and the gratuitous assignment of a child’s property rights is also prohibited.

When concluding certain agreements, it should be remembered that the legislation establishes the following grounds for declaring transactions involving minors invalid:
execution of a transaction by minors under 14 years of age;
making a transaction by a minor aged 14 to 18 years without the written consent of his parents or adoptive parents.

And in conclusion, I would like to note that when performing real estate transactions, you must protect yourself as much as possible from risks and carefully check all documents. There are certain restrictions in transactions involving minors; this should always be taken into account. If, in accordance with the law, the written consent of the legal representative or the permission of the guardianship and trusteeship authority is required to complete the transaction, then request these documents. If necessary, you can independently visit the guardianship and trusteeship authority and find out detailed information about the legal representatives of the minor, thereby protecting yourself from possible forgery of documents.

Remember that a transaction that does not comply with the requirements of the law is void and its registration will be refused.