If a minor child is registered at the place of residence in a privatized apartment, but at the same time there is no ownership interest in it, you can complete the transaction without the permission of the guardianship authorities. The only thing you have to do is to discharge the child from this apartment, and here difficulties can begin.
Unlike an adult citizen who can live without permanent registration before purchasing a new property, the child must be deregistered and registered at the new address at the same time, that is, the minor cannot be “checked out to nowhere”. If you need time to purchase a home, you can register the baby at the place of residence of the other parent or in general at a different address from relatives or friends, but only with your mom or dad.
Do not forget that in the new place of residence, one of the parents must be registered with the child.
To sell an apartment in which a minor child owns a share on the right of ownership, it is necessary to obtain the consent of the guardianship and trusteeship bodies. The same applies to other real estate transactions – exchange or donation. Attention: it is necessary to obtain permission from the guardianship authorities before concluding a contract of sale, barter or donation.
In accordance with articles 26 and 28 of the Civil Code of the Russian Federation, minor children are divided into minors (who have not yet reached 14 years old) and minors (aged 14 to 18 years).
On behalf of a minor child, his parents (or other legal representatives) always make a transaction. Minors between the ages of 14 and 18 are slightly more free to enter into transactions.
They make them independently, sign in documents, etc., however all these actions occur with the written consent of the parents or other legal representatives.
So, if the apartment or its share belongs to a minor child from 14 to 18 years on the right of ownership, then the approval of the parents is required to complete the transaction. Parents, in turn, must obtain the prior written permission of the guardianship and custody authority to sell the apartment.
To conclude a flat transaction on behalf of a minor child under the age of 14, parents must also obtain the written consent of the guardianship and custody authority.
In order to obtain such a permit for the purchase and sale of real estate, where the share belongs to a minor child, parents should contact the guardianship authorities with a set of the following documents:
- Notary request for a transaction (if the transaction is notarized).
- Copies of passports of both parents.
- A copy of the divorce certificate (if the marriage is terminated).
- A copy of the birth certificate of the child.
- A copy of the child’s passport if he has reached the age of 14.
- A copy of the personal account from the place of registration of the child.
- Copies of technical passports for objects sold and purchased.
- Copies of title documents (certificate of ownership, barter, purchase and sale, donation, etc.) for all apartments involved in the transaction.
- Information BTI on inventory value, explication, floor plan (for all apartments involved in the transaction).
- Extract from the house book – the original (for all apartments involved in the transaction).
- Statements parents.
- Certificate of absence of arrears of rent and utility payments (for all apartments participating in the transaction).
The guardianship and trusteeship department presents the originals of all documents along with their copies.
In order to protect their minor ward, the guardianship authorities must check whether the rights of the child will not be infringed upon the sale of an apartment, namely:
- Whether the living conditions of the child will not deteriorate (if the area of the apartment does not decrease)
- Whether its property status will be worsened
- Whether the environment will not deteriorate (check the infrastructure of the district, the proximity of educational institutions and the possibility of providing medical care)
The transaction on the alienation and acquisition of an apartment should be simultaneous, with the joint registration of both contracts for the objects being sold and bought. There are only a few exceptions to this rule:
- In the case when the family sells an apartment in which the minor child has a share in the right of ownership, in order to leave for permanent residence abroad, the guardianship authorities can give consent to the sale without the condition of a reciprocal purchase, by submitting the appropriate package of documents from . Most likely, the condition will be set for parents: to transfer money to the account of the minor for his share in the residential premises being sold. In the future, these funds can be used with the permission of the guardianship and custody agency to purchase housing in the property of the child.
- If you plan to move to another city, i.e., an old apartment is sold, and new housing will be purchased in another city, the guardianship and custody authorities will also need to transfer money for the apartment sold to the minor’s child when giving permission for the transaction. Moreover, parents will be set a certain period in which they will be required to purchase housing in a new place. Otherwise, the guardianship authority will be forced to challenge the sale of the apartment.
- If an apartment is bought in a house under construction, it is more difficult to obtain the consent of the guardianship and custody agencies, but this is also realistic. The main requirement is a fairly high degree of readiness of the new building. But before signing the contract for the sale of an old apartment, you will need to conclude a contract of equity participation with the developer. At the same time, at the time of building the house, the child must be registered somewhere – for example, with relatives.
If your situation is non-standard, you should not immediately expect a failure. Communication with the guardianship should be a dialogue in which both parties are looking for a compromise – the best solution for the child.