The process of obtaining consent from the guardianship authorities for the sale of an apartment. How to obtain permission from the guardianship authorities to sell an apartment Will the guardianship authorities allow you to sell the apartment

This is the question I received from the apartment seller:

Hello, please tell me, is it possible to sell a privatized apartment where a child has a share in the privatization (you need to leave your parents), if immediately after the sale we buy another one in the same area? During the sale, I can register the child in a municipal apartment.

I often encounter misunderstandings among clients on this issue. Let's figure it out.

The consent of the guardianship and trusteeship authorities when selling (exchanging) an apartment is required only if a minor is among the owners of the apartment being sold. If the child is only registered at his permanent place of residence in the apartment, and is not a co-owner, the consent of the guardianship and trusteeship authorities is not required when alienating the apartment.

So in this case, deregistration of the child will not free the seller from the need to obtain the consent of the guardianship and trusteeship authorities to sell the apartment.

So, the child is a co-owner of the apartment, i.e. is one of the owners. The sale of such an apartment (as well as exchange, moving away) is possible only with the permission of the guardianship and trusteeship authorities at the place of registration of the child. The guardianship and trusteeship authorities give consent to the transaction, subject to the registration of ownership of the minor’s share in the newly purchased apartment or in some other one.

Civil Code of the Russian Federation, part 1

Article 37. Disposal of the property of a ward

2. The guardian does not have the right, without the prior permission of the guardianship and trusteeship body, to carry out, and the trustee does not have the right to consent to, transactions involving the alienation, including the exchange or donation of the ward’s property, leasing it (lease), for free use or as a pledge, transactions , entailing the renunciation of the rights belonging to the ward, the division of his property or the allocation of shares from it, as well as any other actions entailing a decrease in the property of the ward.

The procedure for managing the property of a ward is determined by the Federal Law “On Guardianship and Trusteeship”. (Federal Law of April 24, 2008 N 49-FZ)

3. The guardian, trustee, their spouses and close relatives do not have the right to enter into transactions with the ward, 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.

Federal Law of April 24, 2008 No. 48-FZ “On Guardianship and Trusteeship”

Article 21. Preliminary permission of the guardianship and trusteeship authority affecting the exercise of property rights of the ward

1. The guardian, without the prior permission of the guardianship and trusteeship body, does not have the right to carry out, and the trustee does not have the right to give consent to, transactions for the rental of the ward’s property for rent, lease, free use or collateral, for the alienation of the ward’s property (including exchange or donation), making transactions that entail the renunciation of the rights belonging to the ward, the division of his property or the allocation of shares from it, and to carry out any other transactions that entail a decrease in the value of the ward’s property. Prior permission from the guardianship and trusteeship authority is also required in all other cases if the actions of the guardian or trustee may result in a decrease in the value of the ward’s property...

2. Prior permission from the guardianship and trusteeship authority is required in cases of issuing a power of attorney on behalf of the ward.

3. The preliminary permission of the guardianship and trusteeship authority provided for in parts 1 and 2 of this article, or the refusal to issue such permission must be provided to the guardian or trustee in writing no later than fifteen days from the date of filing the application for such permission. The refusal of the guardianship and trusteeship authority to issue such permission must be motivated. A preliminary permission issued by the guardianship and trusteeship authority, or a refusal to issue such permission, can be challenged in court by the guardian or trustee, other interested parties, as well as the prosecutor.

4. If it is discovered that an agreement has been concluded on behalf of the ward without the prior permission of the guardianship and trusteeship body, the latter is obliged to immediately apply on behalf of the ward to the court with a request to terminate such an agreement in accordance with civil law, except for the case if such an agreement was concluded for the benefit of the ward. Upon termination of such an agreement, the property belonging to the ward is subject to return, and losses caused to the parties to the agreement are subject to compensation by the guardian or trustee in the amount and in the manner established by civil law.

5. The rules established by Part 3 of this article also apply to the issuance by the guardianship and trusteeship authority of consent to the alienation of residential premises in the cases provided for in paragraph 4 of Article 292 of the Civil Code of the Russian Federation.

In other words, selling an apartment in which a minor is a co-owner will simply not work. You will definitely need to allocate something in return somewhere.

• Option one. You are selling an apartment in which there is a minor owner and at the same time registering for him a share in the newly acquired apartment.
• Option two. If you want to sell an apartment that includes a minor child as the owner and do not want to purchase anything in return, you will still have to allocate the child's share somewhere else, for example, in a grandparent's apartment.
• Third option. Exotic. You can deposit a sum of money from the sale of an apartment, equivalent to the value of the minor’s share, into his account until he reaches adulthood. In this case, the acquisition of other real estate in the name of a minor is not required. Which is very rare.

The question arises: Where to allocate the share? And how many? I often come across the opinion of sellers that everything is easy and simple. Let's say an apartment with an area of ​​51 sq.m. was registered as common shared ownership of the parents and child, 1/3 of a share each. And the child “accounts for” 17 sq.m. area. But this does not mean at all that the guardianship authorities will give consent to the sale of the apartment, subject to the acquisition in the name of the child of any real estate or a share in it with an area of ​​17 sq.m.

When considering a parent’s application for the sale of an apartment where the child is one of the owners, the guardianship authorities are guided, first of all, by the interests of the minor. The rights of the child should not be infringed and living conditions should not worsen after the transaction.

When deciding on the possibility of carrying out a transaction, guardianship officers comprehensively consider many aspects of the upcoming transaction:

• - area of ​​purchased real estate (share);
• - cost of real estate;
• - the composition of the family who will live in the apartment purchased for the child;
• - location of the purchased property (for example, Moscow - Moscow region);
• - reasons for sale (improving living conditions, traveling with relatives, divorce) and a number of others.

Moreover, the criteria for making a positive decision may depend on the specific guardianship and trusteeship authority. As well as a set of documents that must be provided to consider the sale of an apartment.

As an example:

The family privatized a three-room apartment with an area of ​​68 sq.m. The owners were parents, a minor son and grandmother. And they wanted to improve their living conditions by buying a large four-room apartment in a new building. But, as is known, the guardianship authorities do not give consent to the transaction if an apartment in a new building is “purchased” as an alternative apartment in the child’s name (i.e., the developer acquires the right to demand registration of ownership of the apartment after putting the house into operation). The parents considered that since the child has 17 sq.m. housing, then it will be enough to buy a “hotel” in his name. And they paid an advance for an apartment with an area of ​​24 sq.m. We collected the documents and went to the guardianship. For consent to carry out the transaction. But that was not the case.

The guardianship board inspector said something like this:

- The child is 8 years old. At this age, he cannot live without his mother. This means that he is expected to live with his mother in this small one-room apartment. And even different sexes. And the actual living area has become smaller - 12 sq.m. instead of 17 sq.m. No.

And she refused. It’s good that the parents entered into an agreement on an advance payment with the seller of the “hotel”, and not an agreement on a deposit. We didn't lose any money.

You can sell the apartment and not buy anything in return if you have the opportunity to register a share in another apartment as the child’s property. For example, a grandmother who dearly loves her grandson can give him a share in her apartment. If you already have a buyer for the apartment, then you collect a package of documents for both apartments and submit them to guardianship. Having received the consent of the board of trustees to sell one apartment while simultaneously allocating a share in another, carry out the transaction.

But don’t rush to transfer this share to your child in advance!

Here's what might happen:

The parents entered into an agreement with the developer to purchase a new building. They took out a mortgage loan with the expectation that after moving into the purchased apartment, they would sell the old one and pay off the loan. Knowing that it would not be possible to sell the previous apartment without allocating a share to the child, after putting the house into operation they hastened to include the child among the owners of the new apartment. And they fell into a trap. It turned out that the child still had a share in the previous apartment and appeared in the new one. And then try to prove to the board of guardians that they allocated a share in the new apartment precisely with the expectation that the previous one would need to be sold.

Therefore, it is necessary to re-register the share to the child at the time of the transaction. That is, we sell one and buy another. Simultaneously. But if you need to register a share for a child in advance (if you already have permission from the guardianship and trusteeship authority, this will help you find a buyer faster), contact the guardianship council. Let the inspector know about your plans and get permission to sell your apartment with preliminary registration of a share in another apartment as the child’s property. The resolution of the board of trustees will say: “Allow the sale of an apartment at the address ....., where the co-owner is a minor .... subject to the preliminary registration of .... the share of the apartment at the address ..... in the name of the minor...”

Attention! In any case, before planning the sale (exchange, departure) of an apartment in which the child is included as a co-owner, visit the guardianship authority at the child’s place of registration. Show the documents for the apartment you are selling and ask for what kind of housing and under what conditions the board of trustees will issue you permission.

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 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 the presence of 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 permit 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 is 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!

Children are under special protection of our state, without whose consent transactions with their housing are not allowed. Both parents and guardians are required to obtain permission to sell an apartment to a minor from the guardianship authorities.

How to obtain permission from the guardianship authorities to sell a home

An adult is required to obtain permission for a transaction before registering housing to which a minor has ownership rights. To do this, you must submit an application accompanied by the required documents to the trustee body. This document notifies the state of the citizen’s intention to sell the child’s real estate.

An important point when making a transaction is the validity period of the guardianship permit for sale. As a general rule, it is equal to one month, unless a longer duration is indicated in it.

Requirements for selling an apartment

It is possible to obtain a guardianship permit if a number of conditions are met:

1. The applicant must act in the interests of the particular youth homeowner and be his parent, guardian or custodian or designated representative.
2. The property is sold simultaneously with the acquisition of equivalent living space. As confirmation, an independent assessment is carried out for guardianship to determine the market value of the home.
3. All necessary documents are available.
4. The state representative found no irregularities in the deal.

Requirements for a new apartment

New housing should not be worse than the one being sold. In no case should the child’s living conditions be worsened as a result of the transaction.

Can a guardian sell an apartment to a minor?

According to the law, a guardian has no rights to dispose of the property of a minor. Consequently, he cannot sell, mortgage, exchange, or donate real estate belonging to the ward. He only acts for the child, for example, signing documentation. For transactions involving the alienation of housing, the law provides for the issuance of preliminary permission from the guardianship and trusteeship authority (Article 21 of Federal Law No. 48 of 2008).

If the apartment was purchased with maternity capital

In this case, the parents are obliged to provide the child with a share in the purchased property. Moreover, it must correspond to the size of the area alienated from him. If this requirement is not met, the transaction may be declared invalid by the court at the request of the guardianship authority or the prosecutor's office.

If the child is registered

Regardless of the presence of registration on the living space being sold, the minor owner is a party to the transaction. Therefore, the sale of an apartment without the consent of the guardianship and trusteeship authorities is unacceptable (clause 4 of Article 292 of the Civil Code of the Russian Federation).

Permission is not required if the child is only registered in the living space, but is not its owner.

Can a guardian sell an apartment owned by an incapacitated ward?

With the consent of the trustee body, the sale of an apartment by the guardian is possible in certain cases established by law:

• if the living space has not been foreclosed on due to the need to secure the debt obligations of the ward;
• when exchanging real estate, if it is beneficial for the ward or in an exceptional situation (for example, there is an urgent need to pay for expensive treatment).

Attention! The right of a guardian to enter into transactions with the ward’s housing for his own benefit has limitations.

He is prohibited from selling such property to himself, his spouse or close relatives (Article 37 of the Civil Code of the Russian Federation).

Is it possible to fulfill the obligation to allocate a share after the sale?

The law states that you can sell an apartment or a share in it that belongs to a child if you have two documents from the guardianship and trusteeship authorities:

resolutions on the alienation of property;
consent to purchase new living space.
From this list it is clear that the purchase and sale of residential real estate must be carried out simultaneously.

If a minor is the owner of the property, a “clean” transaction cannot be carried out. Housing can only be changed. The parent has an obligation to allocate the child’s share in the new property. In this situation, it is impossible to do without the participation of a government representative.

Before the alienation of living space, it is necessary to collect the documentation required to complete the transaction, including permission from legal representatives. Then find an option for exchange. Only after this is it necessary to apply to the guardianship for permission to sell and purchase other housing with the allocation of the child’s share in it.

When it is necessary to sell real estate without exchange, it is necessary to allocate a share to the child in another place. For example, a relative may give him a share in his house, thereby ensuring allocation.

Procedure for completing a transaction

The step-by-step procedure for selling an apartment is determined by law and involves visiting:

• passport office;
• guardianship authority.

At the passport office you should obtain a certificate of citizens registered in the alienated living space.

To contact the guardianship and trusteeship authorities when selling an apartment, you also need to prepare other mandatory documents and write an application:

• with justification of the reason for the sale;
• indicating that all rights of the child are observed when making a transaction.

An application for the sale of a minor’s apartment or a share in it is drawn up and signed by the parent (guardian) in the presence of a state representative. It can be submitted through a multifunctional center that has recently been actively providing government services, including issuing preliminary permits from guardianship and trusteeship authorities. For registration, it is recommended to use a sample application for guardianship and trusteeship for a purchase and sale transaction.

List of documents

The list of documentation for guardianship authorities includes:

1. Documents on ownership of the living space being sold and purchased.
2. Preliminary agreement for the purchase and sale of an apartment.
3. Passports of all co-owners of the living space (birth certificates of citizens under 14 years of age).
4. Consent of adult sellers to the participation of a minor in a transaction, certified by a notary.
5. A report from an independent company, which provides an assessment of the apartment for guardianship, confirming the comparability of the cost of the housing being sold and purchased.

Additionally, the notary may be required to request the original of the guardianship consent if the transaction for the sale of an apartment is due to the child’s need for a change in climate. This fact must be confirmed by a medical certificate. If living conditions deteriorate for a good reason, it must also be documented.

Terms of consideration

The law establishes a one-month period for consideration of the application. However, usually permission from the guardianship authorities is given earlier. Sometimes it can be reduced to two weeks. It would not be amiss to ask a guardianship specialist to quickly review the application for permission to sell the apartment.

Legislative regulation

The regulatory framework for the procedure for selling housing to minors and obtaining permission for such a transaction is:

1. Chapter 14 of the Civil Code of the Russian Federation (part one) of November 30, 1994 (Federal Law No. 51).
2. Chapter 11 of the Family Code of the Russian Federation of December 29, 1995 (Federal Law No. 223).
3. Housing Code of the Russian Federation dated December 29, 2004 (Federal Law No. 188).
4. Federal Law “On Guardianship and Trusteeship” dated April 24, 2008 N 48-FZ.

Before you buy or sell an apartment in which a minor is registered, you will first need to obtain permission to sell the apartment from the guardianship authorities. And, although in most cases the intentions of parents are aimed exclusively at the benefit of their children, when obtaining a sales permit, some complications often arise, and the fact that almost always the decision of the guardianship authorities has to wait more than one day cannot be mentioned. Sales of apartments by minor owners are complex transactions that require control.

Guardianship permission

For quite a long time in recent years, permission from the guardianship authorities was required to complete any transaction that in one way or another affected the interests of minors. Later, the legislation changed a little and now permission is required only when the property is privatized and the child is among the owners.

In the absence of permission from the guardianship authorities for the sale in which the minor lived or is living, state registration of the purchase and sale agreement is impossible. The buyer must obtain consent, for which it is necessary to provide confirmation that the rights of a minor are not violated. Otherwise, the guardianship and trusteeship authorities may refuse.

Sale of a minor's share

In the case of the sale of real estate or shared ownership, permission from the guardianship authorities is required to sell the share of a minor. With the subsequent purchase of a new home, the minor must be provided with conditions that are not inferior to the current ones.

Thus, the sale of an apartment through guardianship owned by a minor is a somewhat more complex transaction and requires not only knowledge of the laws, but also good organization of the entire process.

Documents for guardianship for the sale of an apartment with a minor

Often, a potential buyer, having heard about the need to coordinate the sale with the guardianship authorities, refuses this option, even if all other conditions are quite satisfactory to him. Meanwhile, it does not take long to collect all the documents for guardianship for the sale of an apartment with a minor, especially if you have experience in making such transactions. Therefore, if you need it quickly and without long waits, turning to specialists will help save your time and nerves.

If you are going to buy real estate where minors are registered, you need to make sure that all issues are resolved properly. Otherwise, the deal may be canceled at any time. Agency support in such transactions is carried out at a very reasonable cost, and the time savings, as well as confidence in the finality and absolute legality of the transaction, completely cover the costs.

What we can offer:

How to officially rent out a home?

What do you need to officially rent out your apartment? Basic steps for law-abiding renters.

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 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 acquisition 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 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, education that cannot be obtained in a given area, etc.;

However, 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, birth certificate or child’s passport, certificate of ownership of the new home indicating the child’s name, 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?