Selling an apartment is a rather complicated undertaking that requires significant moral and physical costs. And these costs become even greater if the owner of the apartment is a minor. In this case, the process of collecting documents for the sale of an apartment is complicated by the need to obtain permission from the guardianship for this action. Such permission is necessary if the planned transaction will lead to a decrease in the share of real estate (which happens when selling an apartment), the owner of which (sole or partial) is a minor.

If you are faced with such a situation, our detailed instructions on how to obtain guardianship permission to sell an apartment will come in handy for you.

List of required documents for guardianship authorities

It is worth mentioning that this list of documents is relevant not only for the sale and purchase of real estate, but also for drawing up a gift agreement, exchange, determination of shares, rent, etc. In some cases, the guardianship authorities reduce this list, but it is better to prepare all the papers.

1. Application from the parents asking for consent to sell the apartment (if there are no parents, it is necessary to provide documents confirming this fact: a death certificate, a court decision on deprivation of parental rights or declaring the parent missing).

2. Application from a minor who has reached the age of 14, requesting consent to enter into a real estate transaction.

3. Passports of parents, all owners, as well as the minor owner (if he reaches 14 years of age) or (if the minor has not reached 14 years of age).

4. Receipts of all adult owners participating in the sale of the apartment, containing consent to.

5. Documents confirming ownership of apartment for sale.

6. Certificates from the BTI about the cost of the living space being sold, as well as a plan of the apartment.

7. Original extract from the house register for the apartment in respect of which it is planned to carry out the transaction.

8. Original statement of the status of financial and personal accounts for all residential premises that are involved in the transaction.

9. Original certificate from the EIRTs about the absence of debt on utility bills. Such a certificate is not required, but it may be required.

10. Original request from the notary. This document is also optional, but may also be required.

The procedure for obtaining guardianship permission to sell an apartment

The main rule to follow when obtaining permission from guardianship to sell an apartment– this is the preliminary preparation of a complete package of documents. It makes sense to contact the guardianship authorities only if you have a complete package of necessary papers. By the way, it will be necessary to provide both the originals of all documents and their copies.

In addition, it is very important to meet deadlines. Preparation of administrative documents occurs within 1 month from the date of writing the applications. This period cannot be reduced without certain valid reasons.

According to realtors, due to the need to obtain guardianship permission to sell an apartment with a minor owner, the duration of this transaction increases by about 2 weeks.

In what cases can obtaining permission from the guardianship to sell an apartment be difficult?

The main criterion by which the guardianship authorities determine whether to give permission to complete a transaction is this: “More is possible, less is not possible.” In other words, if the parameters of the minor’s new housing are worse than the existing ones, it is unlikely that it will be possible to obtain permission from the guardianship to sell the apartment. But there are several nuances here.

Firstly, the assessment of housing can occur from the point of view of quantity (more meters) and from the point of view of quality (the total size of housing, its location, availability of communications, etc.).

Secondly, obtain guardianship permission to sell an apartment it is possible without providing any living space at all in exchange for what was sold. Cases in which this is possible include:

Subsequent placement of a minor apartment owner in an orphanage or baby home for state maintenance and support;

The associated opening of an account in his name with the presence on it of an amount equivalent to the cost of the apartment (or share), and the provision of bank documents confirming this fact to the guardianship authorities.

A problem with deadlines can cause difficulties in obtaining permission from guardianship to sell an apartment. As already mentioned, the preparation of administrative documents occurs within 1 month from the date of writing the applications, and this period cannot be shortened without certain good reasons. These types of valid reasons that may affect the compression of deadlines for the preparation of administrative documents do not include:

Expiring validity periods of documents provided to the guardianship authorities,

Expiring deadlines for making payments, deposits and other sums of money for the apartment,

Oral or written agreements between parties or officials that have no legal effect.

Naturally, it will not be possible to obtain permission from the guardianship to sell the apartment if at least some of the documents provided have expired issuance dates.
At the same time, even if you prepare a complete package of documents, you will be allowed to sell the apartment only if you provide the minor owners with ownership of equivalent living space.
The preliminary permission will be issued in the form of an order from the head of the municipal entity (city, district, district). After receiving such an order, you can already complete the transaction, while the sale of the old and the purchase of a new home must take place simultaneously. And that's not all. After completing the transaction, you will need to once again notify the guardianship authorities that the minor has received property of equal value in ownership, within a month after receiving the residential premises.
The simultaneous acquisition of new living space is not necessary, only in two cases:
- When the family moves (together with a minor) to another city. In this case, you can obtain permission to sell the old residential premises if the money from the sale (equal shares in the child’s property) is transferred to the minor’s account. Over the next 3 months, parents or guardians must buy an apartment at their new place of residence and give the child the appropriate share.
- In case of concluding a contract of shared participation in construction. In this case, you will need to convince the guardianship and trusteeship authorities of the high degree of readiness of the building under construction, and also enter into a share participation agreement with the developer. At the same time, during construction the child must be registered somewhere.

We hope that our instructions will help you obtain guardianship permission to sell an apartment with a minor owner!

If one of the owners of the apartment is a minor child or an incapacitated person, then in order to carry out any transactions with such real estate, you need to know how to sell an apartment with guardianship. In other words. Before alienating such an apartment, you will have to prepare certain documents and obtain the consent of the municipal guardianship and trusteeship authorities.

Apartment with guardianship - what the Law says

In accordance with Article 37 of the Civil Code of the Russian Federation, parents or guardians of a minor child will not be able to carry out any transactions on the alienation of real estate belonging to the child without the consent of the relevant authorities. And although, as a rule, parents are not enemies of their children and act solely based on their benefit, obtaining the consent of the guardianship and trusteeship authorities can sometimes be quite difficult. As a rule, the only transactions that do not cause difficulties are those when, simultaneously with the sale of an apartment with guardianship, a new property is purchased, where the child receives the same or a larger share, in other words, his situation noticeably improves. If you want to sell an apartment with guardianship and reduce the property of a minor, then according to the law you cannot obtain consent for such a transaction. Moreover, if somehow you manage to carry it out, it will be challenged in court by the guardianship and trusteeship authorities in due time and declared invalid.

Please note that we are talking specifically about the alienation of a minor’s share of real estate. That is, if you simply re-register him with your relatives or at the place of registration of one of the parents, this will not change the situation, because the child continues to remain the owner of the apartment from which he was discharged. And you won’t be able to sell such an apartment. It makes sense to re-register a child only if he is not the owner of the apartment, but is simply registered here.

How to sell an apartment with guardianship and get permission

First of all, you should contact the guardianship and trusteeship authorities of your municipality and write a statement stating that you want to sell the apartment and undertake to respect all the rights of the minor. The application must be written directly to the guardianship authorities, both parents of the child or those who replace them - guardians - must sign it, then the application is certified by the district inspector.

After this, you must be interviewed, at which both the child’s parents and the child must be present, provided that the child is already 14 years old and has received a passport. Sometimes the guardianship and trusteeship authorities require that the owners of the apartment you intend to purchase be present at such an interview; they will have to write a statement that they undertake to sell their apartment, or a certain share, to a minor.

The following package of documents must be attached to the application:

• passports of both parents, guardians, or one parent if the family is single-parent;
• if the child is already 14 years old and has received a passport - his statement in which he expresses consent to the sale of the apartment with guardianship;
• marriage certificate, divorce certificate, birth certificates of children;
• documents for an apartment with guardianship that you want to sell;
• documents for the apartment you want to purchase instead of the one being alienated;
• other documents at the request of the guardianship and trusteeship authorities.

In order to obtain permission to sell an apartment with guardianship, you need to provide confirmation that the child’s rights will not be violated, and the living space purchased in his name is no less than the one you want to sell and no worse in quality. Preparation of permission from the guardianship and trusteeship authorities usually takes about two weeks. Once it is received, you can safely sell the apartment with guardianship. After completing the transaction, simultaneous purchase of a new living space in the name of the child and re-registration of ownership, you will need to provide the guardianship authorities with a written statement in which you notify them of the completed purchase. A copy of the property certificate in the child's name will need to be attached to the application. Exactly one month is allotted for this from the moment you received permission to sell the apartment with guardianship.

In what cases can you sell an apartment with guardianship without a simultaneous counter-purchase?

If you move for permanent residence to another city in the Russian Federation, permission to sell an apartment with guardianship will be issued to you, provided that you put in the child’s name the amount of proceeds from the sale of his apartment or a share in it. But that's not all. Within three months after receiving permission, you are required to purchase a similar or larger living space in another city in the child’s name and notify the guardianship and trusteeship authorities at your previous place of residence. If you do not do this, the transaction for the sale of an apartment with guardianship will be canceled in court.

If the counter-purchase is an apartment purchased under a shared construction agreement, obtaining permission from the guardianship and trusteeship authorities is much more difficult, but it can be given, provided that the house is already in the final stage of construction. First, you enter into a share participation agreement and only then can you sell the apartment with guardianship, making sure to re-register the child at a different address at this time.

The implementation of transactions for the alienation of real estate depends on many circumstances that can significantly affect the procedure for their registration. Selling an apartment with a minor child is one of the most common and risky situations that requires a special conversation and approach.

Selling a home whose owner (or share) is a child under 18 years of age is quite problematic - both due to the complexity of the mechanism for obtaining various types of permits, and due to the reluctance of the parties involved in the transaction (buyers, banks, insurance companies) “get involved” with property burdened with any problems. The difficulty also lies in the fact that in general the legislation in the field of these legal relations is still not perfect and contains some gaps, which can lead to completely unexpected “surprises” for both the buyer and the seller (for example, problems with the privatization of apartments with minors).

What the law says

The specifics of transactions with housing for minor children in Russia are regulated by the following regulations:

• Constitution of the Russian Federation;
• Civil Code of the Russian Federation (Federal Law No. 51 of November 30, 1994);
• Family Code of the Russian Federation (Federal Law No. 223 of December 29, 1995);
• Law on guardianship and trusteeship (Federal Law No. 48 of April 24, 2008);
• Housing Code of the Russian Federation (Federal Law No. 188 of December 29, 2004);
• Law “On the privatization of housing stock in the Russian Federation” (Federal Law No. 1541-1 of July 4, 1991);
• other acts, including municipal ones.

These documents consider a minor citizen as a full member of society, possessing a full range of rights and freedoms. The only difference between him and an adult is that, due to his age, a child can exercise some of his rights and freedoms only with the help of his parents, and in their absence, through his legal representatives or guardianship authorities.

When carrying out real estate transactions, guardianship authorities are obliged to ensure the protection of the property rights of minors. There is a common misconception that it is necessary to obtain permission from the guardianship authorities to alienate a minor’s home only if his living conditions worsen. However, this is not so: any changes in the legal status of a residential apartment owned by a minor must be agreed upon with this body.

A transaction not approved by the guardianship authorities will neither be certified by a notary nor recognized by the state. But, even if it was carried out in some roundabout way, it will definitely be subsequently declared invalid by the court. Especially if the child’s living conditions have worsened (the main condition for obtaining consent to alienate an apartment of a minor owner in the general case is that the purchased housing should not in any way worsen his living conditions: neither in terms of footage, nor in quality, nor in sanitary standards, nor in size of the share, or by any other parameters).

Minority and incapacity

In order to clearly understand in what cases the seller of an apartment with a minor owner has the obligation to obtain permission from the guardianship authority, let’s look at what the concepts of “minority” and “incapacity” mean. Is this the same thing? Certainly not.

Legal capacity is the ability of a citizen to exercise and acquire his rights and obligations. In accordance with Article 60 of the Constitution of the Russian Federation, full legal capacity arises in a person upon reaching adulthood. It is from this moment (from the age of 18) that he has the right to independently carry out any types of transactions.

Citizens under the age of 18 are called minors, while those under 14 years of age are called minors. The latter (minors) are incapacitated, and legal representatives always make transactions on their behalf. Older children (from 14 to 18 years old) have more freedom in concluding transactions, but with the condition that all their actions will be approved in writing by their parents or legal representatives (this is called incomplete or limited legal capacity). Thus, when selling an apartment of incapacitated or not fully capable citizens, it is necessary to obtain approval of the transaction from the guardianship authorities.

However, minor children may have full legal capacity. In accordance with current legislation, this occurs in the following cases:

Don't know your rights?

• when a citizen marries at the age of 16 (and even in the event of divorce before the child reaches adulthood, he will be considered legally competent);
• in the case of emancipation (Article 27 of the Civil Code of the Russian Federation), meaning that a 16-year-old child who works under an employment contract or is officially engaged in business can receive full legal capacity.

In these cases, the consent of the guardianship authorities for the sale of the apartment is not required.

How to obtain the consent of the guardianship authority?

1. We receive a certificate of persons registered in the apartment being sold . To do this, the parent (or guardian) must contact the passport office with the following documents: his passport, the child’s birth certificate or his passport, a certificate of ownership of the apartment (which must indicate the child).
2. Contact the guardianship and trusteeship authority . Both parents, even if they are divorced, together with the child (over 14 years old) must visit this institution and provide the following documents to authorized persons: their passports, the child’s birth certificate (or his passport), a certificate of registration in the alienated apartment persons, certificates of ownership of purchased and sold real estate, technical passports for it.
3. We are writing an application for the purchase of a new property and the sale of an old one . The application must be signed by both the parents (adoptive parents or guardians) and the child, if he is already 14 years old.
4. We are waiting for a decision . The guardianship authority reviews the application within 14 days and checks for possible infringement of the child’s rights. If the verification is successfully completed, the guardianship authority issues written permission to alienate the minor’s property.

Possible options

There are a number of typical situations that require varying degrees of complexity in approaching the transaction:

• the apartment was privatized, and children were included among the owners;
• housing was privatized, children at the time of privatization had equal rights with the owner, but they are not indicated in the relevant documents;
• children are owners under a contract of sale, gift, or exchange;
• the minor is the heir to the apartment, and this is confirmed by the relevant certificate;
• the child is not the owner, but is registered in the apartment being sold.

The situations listed above are different. Please note that it is necessary to distinguish the option of selling an apartment whose owner is a minor from the option when the child only has the right to use it.

We already know that for the sale of housing of owners with children, it is necessary to obtain permission from the guardianship authorities. But what to do in situations where the child is not the owner of the apartment being sold, but is only registered in it? In this case, such permission is not required, but there is another problem: it is impossible to discharge a child registered in an apartment “to nowhere.” The buyer, of course, will not agree to purchase housing with the “burden” of a minor.

According to Article 20 of the Civil Code of the Russian Federation, the place of residence of children under 14 years of age is considered to be the place of residence of their parents (guardians, representatives). Thus, before concluding a contract for the sale of an apartment, at least one of the parents must first register in the new housing, and only then can a child be registered in it. At the same time, housing must be suitable for living and meet all sanitary and technical standards. Otherwise, the extract will be denied.

When is the purchase of new housing not a prerequisite for the sale of an apartment to a minor or his discharge?

As we noted earlier, the legislation in the sphere of the relations under consideration is not perfect. There is also no clear line on the question of in which cases the guardianship authority has the right to issue consent to the sale of the child’s home, and in which - not. When considering this issue, the guardianship service is obliged to act only in the interests of the child. In this regard, in practice there are some deviations from the law. Thus, purchasing a new home for a child is not required:

• If the family moves to a permanent place of residence abroad.
• If the family moves to another city (provided that the money for the sold apartment will be transferred to the account of the minor and the allocation of his shares);
• In the case of purchasing a new apartment in a building under construction (the degree of its readiness must be quite high, and the child must be registered somewhere during construction).

In addition, there are a number of situations where in practice it is possible to purchase a new apartment for a child with worse conditions:

• if the child requires expensive treatment;
• if the child’s health condition does not allow him to live at his previous place of residence (for example, asthma in a polluted metropolis);
• if the child would greatly benefit from any type of training or education that cannot be obtained in a given area, etc.;

However, even in these cases, the basic rule can be traced - action for the benefit of the child.

How to discharge a minor?

1. One of the parents (adoptive parent or guardian) together with the child (over 14 years of age) must contact the passport office that serves citizens at their previous place of residence in order to write an application for the child’s discharge. The application form is a document of the established form, it is provided by the employees of this institution. The application must be accompanied by: the parent’s passport, the child’s birth certificate or passport, a certificate of ownership of the new home indicating the child’s name, and permission from the guardianship authority.
2. Next, you need to fill out the so-called departure form, which indicates the address of the new apartment.
3. Within a week, passport office employees check the provided data and issue a departure slip. From this moment the child is considered discharged.

How to avoid risks when buying an apartment owned by a minor child?

Parents or guardians act on behalf of such children to complete large transactions, such as real estate.

Minor children who have reached the age of 14 to 18 years can manage their pocket money, scholarship or earnings, make deposits in banks or enjoy other fruits of mental activity.

People who represent the interests of children can be parents or, in their absence, guardians. Guardianship can be established over minor children, or trustees and guardianship can be established over minor children. If the child has not reached the age of fourteen and does not have parents, then the adoptive parents are responsible for all completed transactions.

Sometimes, minor children under eighteen years of age may be recognized as legally competent, but this happens in two cases:

1. The minor entered into marriage. From the moment of marriage, he is recognized as legally competent (you can find out how the sale of an apartment in joint ownership occurs).
2. If a child works officially, with the full permission of his parents or guardians, he begins to run his own business.

Minor owner

The rights of a teenager are protected by the relevant guardianship authorities; they are the ones who authorize the sale of an apartment or other real estate if one of the shareholders is a minor who has not reached the age of majority. They control whether the minor has received rights to a new living space, and whether it is no worse than the previous one.

There are cases when the guardianship authority requires that the child was given rights in advance, even before the permit was issued (there was a place of registration and residence). Refusal may occur if the purchased housing is located far from the kindergarten or school you attend, does not have all the conditions for comfortable living, and has a high percentage of wear and tear.

Even greater complications arise when the housing purchased does not exist to improve living conditions. Then you should go to court, but this does not mean that they will give consent to the sale of real estate where a teenager who has not reached the age of majority lives and is one of the owners.

A special problem arises when something happens in which there is a share of a minor, to strangers. This means that a situation arises in which a teenager must live with strangers in the same apartment. The guardianship authorities file a claim in court, and the court makes a decision on the legality of such a sale.

Any result of the decision of the guardianship authorities is challenged in court. Especially if the parents do not act in favor of the young child. Typically, a refusal received from the guardianship authorities is considered lawful.

Sales procedure and rules

Why know where one of the owners is a young child? This question is asked very often, and situations like this arise just as often.

Almost every family has minor children. And often children are the owners, if not of the apartment, then of shares in it. It is possible to sell such an apartment, but the state, taking care of children, has established certain rules for this type of transaction. This was done to protect children, because parents are different and not all care that their children have a better life; they often pursue their own mercantile interests.

The sale can take place only if permission is received from the guardianship authorities. Without a permitting document, an action with an apartment is not subject to registration, and therefore is illegal

You should start with a visit to the guardianship authority. There, parents must submit an application asking for consent to the transaction; if the teenager is fourteen years old, he submits the application independently.

The permission, which is issued by the guardianship authority, is given to the notary. The notary concludes an agreement regarding a real estate transaction. But there is one aspect: parents need to submit documentation to the relevant authorities, which clearly states that the teenager has a place of residence and registration.

If such facts have not been provided, then the guardianship authorities will terminate the sale agreement through the courts. You need to wait a month for consent to complete the operation.

Possible options for performing the operation may be:

1. Ownership rights are not recorded in the privatization documents for the apartment.
2. A minor is an heir to an apartment, there are documents confirming this (you can find out what the tax is when selling an apartment with an inheritance).
3. The child is registered, but cannot be the owner.

It is already known that the sale of an apartment in which one of the owners is a teenager should wait for the consent of the guardianship authorities. And the teenager cannot be discharged from this apartment to nowhere.

Even before concluding an agreement to sell an apartment, one of the parents should register in the housing and then register the child.

Housing must comply with living standards and sanitation standards. If the above rules are not followed, the extract will be refused.

Agreement

If a situation arises when parents decide to improve their living conditions and buy an apartment with a large area, and in the apartment they are selling, one of the registered ones is a minor, then such a transaction is possible, but questions related to it remain popular.

When signing a property purchase and sale transaction, you need to know several important rules. The consent of the guardianship authorities must be available. If such a document exists, then the executed agreement can be registered. The buyer of such housing is also gotta protect yourself and check the availability of the necessary documents, so that later you do not have to prove your right to the purchased housing through the court. So:

1. The buyer must check whether there is a permit before signing the contract. If not, the transaction cannot be registered.
2. Check whether the document contains consent, any reservations or unfulfilled conditions.

For the legality of real estate transactions and for your own protection from, you must strictly and scrupulously comply with all the requirements of the letter of the Law.

The process of signing the purchase of housing, where one of the co-owners is a child, can be complicated by additional conditions of the guardianship authorities, and as a result, paperwork. But this is being done to protect the property of the country’s minor citizens as much as possible.

Permission from guardianship authorities

The above-mentioned body exists to protect young children. And if the parents of such children decide to sell their home, or exchange it for something larger, it is necessary to obtain the consent of the authority to carry out the operation. It's called a decree for sale.

What guides such a body when issuing or not issuing consent to a transaction?

If a young child has his own share in the privatization of an apartment or is its full co-owner, he has every right to retain the living space or part that is at his disposal by law. The Board of Guardians gives its positive consent to the sale only if the parents provide all documents confirming that the teenager has another place of residence or will be provided with one.

To obtain such permission, appropriate documents are required. You can collect them yourself or, if the parents are selling the apartment through a real estate company, you can agree to the realtor collecting all the necessary documents. But you must write the application yourself. During a visit to the guardianship authority, they will have a conversation with the parents, explain all the nuances of the future case, and not infringe on the rights of the child.

For information on protecting rights, see here:

But what to do if guardianship does not grant permission:

What documents are needed?

Below is a list of necessary documents to obtain consent for the sale of real estate. Exactly the same list should be collected if it is subject not only to sale, but also to exchange or rental.

1. Application from parents or guardians. It should be noted that the presence of parents is mandatory.
2. Application of a child, if he is fourteen years old.
3. Birth certificate of the teenager and passports of both parents (guardians).
4. Documents that confirm all rights to ownership of all premises that must be involved in the purchase and sale transaction.
5. Valuation of property from the BTI for real estate.
6. Cadastral plan for real estate.
7. Extracts from the house register (original), copies of persons. Accounts or UZhD (single housing document).
8. Documents about utility debts or lack thereof.
9. When signing an application, there must be a witness (one or more).

In order to have consent to carry out a transaction with an apartment, with a part of a young child, a full package of documentation is provided. Documents are provided in originals, copies are provided along with them.

The deadline for granting permission is a full month from the date of writing the application. Express registration for the reasons below will not be considered.

• deadlines for documents that will be reviewed in the future are passing;
• the deposit or security deposit for the property is about to expire;
• oral agreements among participants in the process of obtaining a decision.

All relevant documents that must be submitted for a decision must not have an incorrect issue date. Corrections and changes are made to the list of documents, taking into account the nature of the proposed transaction.

Results

Based on all that has been written, it should be concluded that the transaction for the sale of an apartment will not be recognized as valid when there is no consent given to the sale of real estate from the guardianship authorities. Such a document is issued based on the provision of a package of necessary certificates and statements from parents or guardians. A young child, part of whom is present in privatized real estate, does not have the right to dispose of it himself.

The document provided by the guardianship authority primarily serves to protect the rights of the teenager from being discharged without being provided with another living space.

It should be noted that children who are not co-owners or do not have their own part cannot rely on the protection of guardianship authorities. In this case, consent is not issued. An exception is made in situations where children's rights are violated during the privatization of housing.

Every citizen of Russia must have housing, which he has the right to dispose of at his own discretion. The exceptions are those who have lost their legal capacity or are recognized as having limited capacity (Articles 28, 29, 26, 30 of the Civil Code of the Russian Federation). In the event of an apartment sale, guardians, among others, act on their behalf. And the list of documents that will be required to complete the transaction increases with the permission received from the guardianship authorities.

Where to start

To obtain the above-mentioned document, you need to notify the guardianship department in writing about the upcoming sale of real estate. The application must be accompanied by certain documents specified by law.

These include:

— application to the guardianship department;

— documentation for the provided housing;

— documentation confirming that funds have been deposited into the bank account of those being cared for.

Features when selling an apartment by a guardian

1. If it is necessary to do so, as well as those who have been declared incompetent or partially capable, or these persons have the right of ownership to a share in the apartment, consent to the transaction is required from the guardianship and trusteeship authorities of their area. To do this, you need to notify them in writing about the sale of your living space.

2. When contacting the guardianship department, provide a certificate of ownership (+ copy) for the apartment that is to be sold, and the guardian’s passport. It is possible to obtain permission for the transaction if the guardian's wards, who are minors, incapacitated or partially capable owners, are provided with housing that meets all the parameters of the old apartment. The registration of these citizens in the living space of their relatives or friends is considered unconvincing for the government agencies issuing such a resolution. The guardian will be required to provide a certificate of ownership issued to a specific owner who is under 18 years of age, who has lost legal capacity or is considered to be of limited capacity.

3. It happens that guardianship authorities issue a resolution without observing the letter of the law. Permission can be obtained if a category of persons, which includes minor property owners who have lost their legal capacity or are recognized as having limited capacity, are taken into state residence and support in certain government agencies, for example, an orphanage, a child's home, a home for the disabled or the elderly.