Registration of a transaction for the purchase and sale of an apartment with guardianship. Transaction involving children: how to sell and buy an apartment without problems

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. A 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.

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.

Buying an apartment with a minor owner has certain risks, because the legislation provides for special means and ways to protect the interests of the child. Any disposal of real estate belonging to children requires approval from the guardianship and trusteeship authorities.

If the property is owned by a child, the transaction automatically acquires additional complexity. This is due to the need to ensure that children’s rights are respected when disposing of their property. In the Russian Federation there is a whole set of rules regulating the procedure and conditions for the sale of housing owned by a minor owner:

• Family Code of the Russian Federation;
• Civil Code of the Russian Federation;
• Federal Law No. 48-FZ.

In this case, it is necessary to take into account the norms of the Basic Law of the Russian Federation - the Constitution, which gives priority to the interests of the child in the implementation of any legal relations.

As a general rule, any investigation into the property of a minor is not permitted without prior approval from the guardianship authorities. The above authorities will give consent to the sale of the apartment only on the condition that the rights of the child are properly respected:

• instead of the housing being sold, another apartment will be purchased into the ownership of the minor citizen, which will not worsen his living conditions;
• funds from the sale of the apartment will be blocked in a special account for the child until he purchases another home (this option is used only in exceptional cases).

The sale of real estate without the consent of the guardianship authorities, or if there is a ban on the disposal of housing, will be declared invalid and the parties will be returned to their original state. Thus, the buyer of an apartment with a minor owner must obviously take into account all possible risks.

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How to avoid risks

Since it is not easy to find an apartment in the real estate market, the rights to which do not belong to the child, the buyer must eliminate all possible risks or minimize them as much as possible. To do this, you need to carefully check the terms of the transaction at each stage - from preliminary approval of the terms of the purchase and sale agreement to registration of the transfer of ownership with the Rosreestr authorities.

Checking at the preparatory stage

Even if a minor child is only registered in the apartment, but does not have ownership rights, at the stage of checking the legal purity of the transaction, it is necessary to pay special attention to the following points:

• grounds for purchasing an apartment into the ownership of the seller - if the housing is registered as a result of privatization, the exclusion of a child from among the owners is a gross violation of the law and will entail the recognition of the transaction as invalid;
• the legal status of the owners - parents - deprivation or restriction of their parental rights will automatically lead to problems with guardians or guardianship authorities when completing the transaction;
• attitude of the guardianship authorities towards the upcoming sale of housing - even at the stage of drawing up the draft agreement, the guardianship authority can express its preliminary opinion on the possibility of alienation of the child’s property.

If, during a thorough check of documents, a violation of the rights of a minor citizen is not revealed, it is necessary to pay increased attention to submitting the draft agreement for approval to the guardianship authority.

Coordination of the transaction with the guardianship authorities

The parents of the minor owner contact the guardianship authorities, but the potential buyer of the apartment also has the right to receive information about the progress of the inspection. The following documents are sent to the guardianship authority for approval:

• an application by the child’s parents for consent to the sale of his home with the simultaneous acquisition of another apartment as the property of the minor;
• title documents for both properties;
• technical documentation for both apartments;
• certificates of family composition. apartment cards according to the child’s place of registration, etc.

At the stage of checking the submitted documents, the guardianship authorities will draw up a report on the child’s living conditions for both properties. Issuance of a positive conclusion will be possible only if the rights and interests of children do not deteriorate as a result of a change in real estate.

The final resolution of the local authority will state the obligation of parents to register new housing as the property of the child no later than a certain period of time (usually from three to six months). If, after completing both transactions, the parents have not fulfilled this obligation, the guardianship authorities have the right to go to court to challenge the purchase and sale agreement. In this case, the buyer again bears the potential risk of loss of property and funds.

Registration of the agreement

Even if the consent of the guardianship authorities is obtained and the transaction is ready for registration, the buyer still faces potential risks. This is due to the nuances of deregistering children:

• a child can be discharged from residential premises only if he is simultaneously registered in a new housing;
• discharging a child from an apartment without indicating a new address is not allowed without the consent of the guardianship authorities (in practice, in such a situation it is almost impossible to obtain consent);
• Forcibly deregistering a child through the court is doomed to failure, so the only option is to remove the minor from registration even before applying for registration.

Under such circumstances, a stalemate may arise for the buyer. Until the apartment with a minor owner is sold, the child’s parents will not have the funds to purchase a new living space. Until the child acquires a new property, it will be almost impossible to discharge him.

In this situation, the buyer has only one acceptable course of action - to insist on the removal of all citizens from the apartment until the state registration of the transaction. If there is consent from the guardianship authorities for the sale of housing, deregistration of a minor citizen will be quite possible by the decision of the parents. If the transaction is registered and the parents refuse to sign the child out, even going to court may not help.

How to minimize risks

To eliminate or minimize potential risks, the buyer of an apartment with a minor owner must follow strict recommendations:

1. carefully check all documents at the stage of agreeing on all essential terms of the transaction;
2. establish whether the child has ownership rights or the right to use residential premises;
3. make sure through the guardianship and trusteeship authorities that parents are not limited in their parental rights;
4. carry out actions to register a transaction and transfer funds only with the consent of the guardianship authorities;
5. include in the terms of the contract a clause on the release of all members of the seller’s family before registering the transaction.

Following these tips will help minimize the risks of purchasing a home with a minor owner.

To protect the interests of the child, they may also require additional information from the applicant and the notary regarding the contract. To reduce the time it takes to consider an application, the applicant should collect all documents as quickly as possible and submit them to the guardianship authorities. But how can you convince a potential buyer to wait? It is necessary to explain to him that such an expectation is in his interests. After all, initially, the correct execution of documents is a guarantee that in the future he will not have to lose his home. Exchange. When exchanging premises, the guardianship and trusteeship authorities review the documents and allow (if an equivalent exchange is carried out, then its terms imply that there are no violations of the rights of minors) or prohibit the transaction. When considering an application, the guardianship and trusteeship authorities actually proceed only from quantitative indicators.

Sales of apartments through guardianship are complex transactions that require special control. Over the past years, permission from the guardianship authorities was required to complete any transaction that in one way or another affected the interests of minors.
Currently, due to changes in legislation, permission is required only when the apartment is privatized and the child is among the owners (the exception is cases where the rights of minors were violated during the privatization of the apartment). Thus, before selling or buying an apartment in which the owner is a minor, you must first coordinate this issue with the guardianship and trusteeship authorities.
Sale of an apartment. The buyer needs to obtain the consent of the guardianship and trusteeship authorities.

Is permission from the guardianship authorities required when purchasing housing for minors?

If the child is neither the owner nor a co-owner, but is registered in the real estate being sold, then simultaneously with deregistration he must be registered at the new place of residence. To obtain consent and permission, you need to submit an application and the necessary documents to the guardianship authorities at your place of residence.

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Content

• 1 Submission of documents
• 2 Obtaining consent
• 3 Waiting period
• 4 Ask a question to a lawyer for free

For any transaction for the sale of an apartment or other living space in which a minor child is registered, it is necessary to obtain permission and consent from the guardianship and trusteeship authorities. Without these documents, the sale of the apartment is impossible and will be considered illegal, with subsequent cancellation of the contract.

Important

Russian legislation protects the interests and rights of children, therefore absolutely all real estate transactions are subject to strict control and inspections. When selling an apartment in which a minor owns a share, it is necessary to purchase new housing, which is no smaller in area and no worse in living conditions than the one sold.

The process of obtaining consent from the guardianship authorities for the sale of an apartment

Changes and additions may be made to the specified list of documents depending on the nature of the transaction. Sample application from parents to the Head of the municipality from gr.
, living at the address: st. d., sq. passport telephone Application I ask you to allow the transaction of purchase and sale (exchange) of a room apartment at the above address with a total area of ​​sq.m., living area of ​​sq.m., owned by me, my minor son (daughter) F.I. ABOUT. year of birth (certificate of ownership of housing No. dated) with the simultaneous purchase (exchange) of a room apartment at the address:, total area sq.m., living area sq.m., owned by gr. ownership (indicate the family members into whose ownership the apartment is purchased, indicating their shares).

Minor children, mortgages and guardianship authorities

Forum 272 Discuss Questions 181,958 Ask Participants 126,923 Join Lawyers 7,397 Watch Free consultation of real estate lawyers Along with the topic “Apartment” they are also searching for: Rosreestr requires permission from the guardianship authorities to purchase an apartment as the property of a minor. I have always believed that permission is required only when selling property to a minor, but not when buying.
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• I think that Rosreestr is wrong. The guardianship authorities give consent to the disposal of the property of non-parents. children. But not for the purchase of property. Let them give a written reasoned refusal to state registration. Or contact a higher authority. Pay response Continue dialogue t. 89031106208, Real estate transactions, opening of inheritance, inheritance, eviction, real estate courts, division of property.

How to sell an apartment if the owner is a minor child

• An application to obtain permission to conduct a transaction from the parents or representatives of the child;
• Consent from a child who is 14 years old to live in the apartment obtained for him during the transaction;
• Photocopies of financial personal accounts from the place of purchase and sale of housing;
• Certificates of ownership of residential property;
• Certificate confirming the absence of debts on real estate taxes;
• Floor plan, explication;
• Cadastral and technical passports;
• Certificates stating that you have no debts to pay utility bills;
• Identification documents of representatives and the child’s birth certificate;
• Notary license for sale.
All necessary documentation must be prepared both in original and copies.

Do you need the consent of the guardianship authorities to purchase an apartment?

If he has reached this age, he has the right to participate in the transaction on an equal basis with his parents, but will act only with their consent. When submitting an application, the guardianship and trusteeship authorities are required to perform the following mandatory measures:

1. check the submitted documents to ensure that the interests of the child are met;
2. if necessary, establish the actual condition of the purchased housing, conduct an on-site inspection and draw up a report;
3. conduct a personal conversation not only with the parents, but also with the child over the age of 14 to establish the absence of violations of rights.

At the stage of verification of the submitted documents, the guardianship authorities study the title and technical documentation for residential premises for sales and purchase transactions.

Do you need the consent of the guardianship authorities to sell an apartment?

Under certain circumstances, it is not necessary to buy a new living space for a child:

• if the family goes abroad for permanent residence;
• if there is a move to another city, but the money for the sale of the apartment must be transferred to the child’s account;
• when buying an apartment in a new building, but while the house is being built, the child must be registered somewhere.

In other cases, children may become owners of an apartment by gift or inheritance. How to discharge a minor? To perform such an action, one of the parents, together with a child who is over 14 years old, must appear at the passport office to write an application for discharge. The application form will be provided by the employees of this institution.

Do you need permission from the guardianship authorities to buy an apartment?

These documents must be prepared in advance, since some certificates are not prepared in one day. Permission to have the authority to carry out a transaction is given by the prefect, that is, the head of local government.

The guardianship authorities will determine the deadline for you to bring all the documents. A period of one month is given in the case of the sale of housing and its simultaneous acquisition, more than two months are given for subsequent acquisition. It is also necessary to write a statement that you are selling the old property and buying a new one; this document must be signed by the parents and the child who is over 14 years old. The trustee body will review your application within two weeks and, if the answer is positive, issue a permit.

Consent of the guardianship authorities to purchase an apartment with a mortgage

In addition to the application, you must provide the parent's passport, passport or birth certificate of the child, as well as a certificate of ownership of the new home. Next, you need to fill out a departure form, which indicates the address of your new home. Employees of the institution check the documents within 7 days and issue a departure slip, and the child will be considered discharged. What should buyers consider? First, you need to find out from the family from whom you are purchasing an apartment whether they have minor children. If there are any, then you need to contact the guardianship authority to find out whether the living space is registered. If there are no problems, to legally purchase an apartment you will only need the written consent of the parents and the approval of the trustee body. Otherwise, it is necessary to clarify the legal status of the child, or such concluded agreement will be terminated.

Permission from guardianship authorities to purchase an apartment

It is necessary to obtain the consent of the guardianship authorities for the sale of an apartment in all cases when minor citizens are involved in the transaction. The procedure for obtaining such permission can be problematic, since protecting the interests of the child is always a priority when disposing of real estate.

What needs to be done to obtain the consent of the guardianship authorities If a piece of real estate or a share in it belongs to a minor child, the disposal of housing will be carried out by his legal representatives (parents). Regardless of the terms of the transaction, for the sale of an apartment it will be necessary to obtain prior permission from the guardianship authorities. These bodies are called upon to ensure the protection of the interests of the child when disposing of his property.

The question of how to obtain permission to sell an apartment from the guardianship authorities arises if the child is the owner of this apartment or part of it.

Since, in accordance with the laws that are in force in 2019, parents or persons who replace them do not have the right to make such transactions without the prior permission of the guardianship authorities.

In turn, the child does not have the right to give consent to transactions for the alienation of his property, as well as other similar transactions, which leads to a decrease in his property.

Therefore, if a child is the owner of an apartment or its share, upon sale it is necessary to obtain a resolution from the guardianship authorities to alienate the property and consent to the purchase of a new home. Moreover, such actions must be performed simultaneously.

Registering children under 18 with their grandparents is not a sufficient measure. Since after re-registration the child does not lose ownership of the home.

Registration in another place will be important if the child is not the owner of the apartment, but is simply registered in it.

The sale of housing is possible only on the condition that the minor owners are provided with ownership of equivalent living space.

To obtain permission, you must contact the guardianship authorities in the department of social protection of the population of your area.

If parents do not notify the guardianship authorities about the sale of housing, the owner of which is a minor, then the guardianship authorities may sue and declare the transaction illegal. In this case, the rights of minors will be considered violated.

In accordance with Article 37 of the Civil Code of the Russian Federation, the parents of a child or his guardians do not have the right to enter into transactions for the alienation of property without the prior permission of the guardianship and trusteeship authorities. And the child cannot give consent to such transactions.

To obtain permission from the guardianship and trusteeship authorities to sell an apartment, you must submit an application in a certain form to this authority at the child’s place of residence.

In it, the child’s representatives indicate that they undertake to respect the rights and interests of the minor and the substance of the future transaction.

According to the rules, the application is drawn up in the presence of an inspector of the guardianship authority and certified by him.

An employee of the guardianship authority must conduct a personal conversation with the parents or guardian of the child. Both parents must be present at the meeting. If the child is already 14 years old, his presence is also required.

Persons under 14 years of age are considered minors and their legal representatives act for them. After 14 children, children act independently, but with the written consent of their representatives.

When applying for permission from the guardianship authorities, it is important to adhere to the basic rule - preliminary preparation of a complete package of documents.

Since applying to this authority to obtain permission to sell an apartment makes sense only if you have a complete package of necessary papers. Both original documents and their copies are presented.

• certificate of ownership;
• cadastral and technical passports and plans;
• privatization agreement, if any;
• original extract from Rosreestr about the cost of the apartment;
• a certificate from the EIRC stating that there is no debt on utility bills; it is not mandatory, but it may be required;
• the original extract from the house register for the apartment that is planned to be sold;
• original statement of the status of financial personal accounts for all residential premises that are involved in the transaction.

Documents for the housing being purchased do not need to be submitted if the minor owner of the property is transferred to state maintenance and support.

In this case, the parents are required to open an account in the child’s name and deposit an equal amount of the cost of the apartment or its share into it.

Bank documents must be presented to the guardianship authorities. You need to transfer money to your account before completing a purchase and sale transaction.

In most cases, guardianship and trusteeship authorities do not give consent to a transaction in which an apartment is purchased in installments while simultaneously selling existing residential premises.

This also applies to transactions involving the pledge of premises and sales with simultaneous donation. The refusal is explained by the high risk of losing the available space.

Permission from the guardianship and trusteeship authorities to sell an apartment is issued in the form of a permit from the mayor of the city. This is done within two weeks from the date of the first contact with the guardianship authorities. Provided that a complete package of documents is submitted.

The guardianship reviews documents for the sale of an apartment for a certain time. This period is 1 month from the date of writing the application.

This period can only be reduced if there are valid reasons. But these reasons do not include:

1. Expiring validity periods of documents that are submitted to the guardianship authorities.
2. Expiring deadlines for making payments, deposits and other payments for the apartment.
3. Oral or written agreements between parties that have no legal force.

Once permission is received, the transaction can be completed. The sale of old and the purchase of new housing must take place simultaneously.

When purchasing a new home, you should notify the guardianship authorities that their decision has been implemented.. Supporting documents must be submitted no later than 30 days from the date of issue of the permission from the guardianship authority.

If a family moves to another city, the guardianship authorities may allow the sale of the apartment even if the purchase of a new apartment does not take place simultaneously with the sale of the old one.

In this case, the money from the sale of the apartment must be transferred to the child’s account. No later than 3 months later, parents are obliged to buy an apartment in their city and give the child the appropriate share of property.

If parents or guardians sell an apartment, the owner of which is a child, without permission from the guardianship and trusteeship authorities for the sale of housing, the latter can go to court and declare the rights of the children violated and the transaction illegal.

To obtain permission from guardianship to sell an apartment, an application can be submitted through the MFC. In this case, the time frame for receiving an order increases by about a week.

And this is only in the case when the applicant submits a complete list of required documents. If something was missed, the period increases further.

The permission of the guardianship authorities to sell the apartment is valid for three months, but if this is not indicated in the document, then the permission is valid until all necessary conditions are met.

Children become legally competent at the age of eighteen. This is stated in the Civil Code of the Russian Federation.

Anyone younger is considered incompetent or partially capable - from the age of 14. The interests of incapacitated citizens are represented by their legal representatives. They are parents or guardians.

If the child is not the owner of the apartment, then permission from the guardianship and trusteeship authorities is not required to sell it.

The consent of the guardianship authorities for the sale is required if the minor child has a share in the property of the apartment being sold, or he is the owner of the home.

Without permission to sell from guardianship, all further actions are meaningless, since the transaction will be considered illegal.

In some cases, guardianship authorities refuse permission to sell. This happens if there are doubts about the benefit received for the child. For example, new housing is smaller than the previous one and less comfortable.

Additional risks arise when selling an apartment and purchasing housing in installments, as well as if new housing is purchased in new buildings, especially when it is not yet completed. Because depriving a child of housing, in fact, he is not given anything in return.

Refusal of guardianship is not always final. You can try to convince the authorities by presenting additional arguments in favor of the sale, listing what additional benefits and advantages the child will receive from the sale.

If the verdict remains unchanged, you can try to challenge it in court. The appeal is filed within three months.

Thus, in order to obtain consent to sell an apartment from the guardianship authorities, the legal representatives need to write a statement of the established form to the guardianship authorities. This application is signed by both parents.

If the child is over 14 years old, he also applies for a transaction. In addition to the application, you must collect a certain package of documents.

Only after submitting the application and all the necessary papers in full can you expect to receive the necessary permission. Its main goal is control over compliance with the property interests of the minor.

The standard issuance period is from 15 to 30 working days. This permit is valid for three months.