Buying an apartment for minors from 14 to 18 years old, is it possible and how to register an apartment when buying for a minor child?

Housing law > Real estate registration > Is it possible to register real estate for a minor child, how to do it

Parents always want their child not to experience financial difficulties in the future.

Is it possible to register real estate for a minor child? Indeed, in our country, one of the pressing issues that interests many is providing housing for their children.

There is nothing complicated about this, and there are many ways to provide living square meters for your descendants.

In order to answer the question of whether it is possible to register real estate for a minor child, it is enough to look at the content of the civil code and other legislative acts of our country.

Is it possible to register a house for a minor child in Russia? Is it possible to register a dacha for a minor child? The laws clearly state that any person has the right to own property regardless of age.

But there is a certain procedure for concluding special transactions under which ownership of such property is transferred. Transactions are drawn up in writing (purchase and sale, donation), and are signed by the parties who have full or special legal capacity.

Every citizen, including minors, has the right to own real estate

But after signing the deal, the agreement itself must undergo special registration with government agencies (Rosreestr). And only after this the child will become the full owner of the home.

In our case, parents, guardians and adoptive parents of children have full legal capacity, and special children aged 14 to 18 years.

Until the child reaches the age of 14, his parents manage his property

• It follows from this that if the child is under 14 years old, then the right to sign the agreement (purchase and sale, gift), according to which he will become the owner of the home, belongs to the parents (guardians, adoptive parents).
• And if he is older, then with the consent of the mother and father (guardians, adoptive parents), such a child independently puts his signature on all contracts and signs documents for registering real estate.
• Thus, to the question: is it possible to register real estate for a child, we can confidently answer that any child can take ownership of real estate, without any legal restrictions, and have full rights to use it at their own discretion.

It is important to know that the rights of the child are monitored by the guardianship and trusteeship authorities.

Therefore, if real estate is acquired by a child as a result of the sale of an old apartment or house where the latter was registered, then such a transaction requires the mandatory consent of the guardianship authority.

How can real estate be transferred to a child?

There are several ways to transfer real estate to a child; you will need to choose the one that is most convenient for you.

1. Having figured out that registering real estate for a child is not difficult, now you need to move on to how this can be done.
2. In our legal field, there are many ways to acquire such property.
3. But in this situation, it is best to opt for methods that do not entail certain legal consequences.
4. To purchase square meters for your baby, it is better to use the following methods:

1. Through privatization. This action means the purchase from the state or municipality of housing that belongs to them by right of ownership.
2. Through a deed of gift, when real estate is donated to one’s relatives.
3. Through inheritance, that is, parents or other relatives write a special will stating that after their death, the children become their heirs and take ownership of the home.
4. By buying and selling. This is the most common deal.
5. Each method has its advantages in specific situations, so this needs to be considered in more detail.

It is important to know that in the above cases, the child is given a real estate document, which, after its registration, confirms the child’s ownership of the residential premises.

Privatization

The simplest option is the child’s participation in the privatization of the apartment

Despite the fact that this method of acquiring real estate residential property is considered outdated, according to statistics, there are still many apartments in our state that are owned by the municipality and are rented out to the persons living in them under a rental agreement.

In order for housing to become property, it must be privatized, that is, a special legislative procedure must be completed. According to the general rules, such housing is privatized for all family members, including children in equal shares.

Therefore, the child or children automatically become the owners of part of the premises.

In order for all square meters to become the property of the child, it is enough for the parents, during the privatization process, to write special statements that they renounce their shares in favor of the child, and he actually becomes the full owner of the apartment.

Donation

• The transfer of ownership from one owner to another can occur through a deed of gift.
• To do this, the owner of an apartment or house comes to the notary and expresses a desire to give such an object to the child.
• The notary, in turn, draws up a special form, makes a note in the notarial records, and issues a document stating that the residential property has a new owner.

You can transfer an apartment to a child by registering a deed of gift with a notary

At the same time, you must not forget that the new owner (child) must agree to accept the property as a gift (if he is 14 years old), or his parents should do this (if the child is under 14 years old).

Unlike privatization, such an agreement must be registered with Rosreestr, and only from this moment the transaction will be considered valid.

The advantage of a deed of gift is that you do not need to pay taxes, and after some time the child, if the need arises, can give the apartment or house to another relative, but this will happen under the control of the guardianship authority.

At the transaction itself, the presence of representatives of the guardianship council is not necessary, since it does not provide for a comparison of housing conditions that existed in the past and will arise in the present.

It is important to know that a deed of gift is difficult to revoke by a court decision. This transaction is ideal for transferring real estate between relatives.

Will

Drawing up a will for a child will ensure the transfer of real estate into his property and protect him from attacks by other relatives

The process of transferring real estate under inheritance law has several features. It can occur by will or law.

In the second case, the square meters are divided equally between all heirs, despite the fact that a child is claiming the share.

Therefore, in order to provide square meters for their children, it is better for parents to resort to drawing up a will. It will act as a guarantee that other heirs will not lay claim to the real estate.

In addition, any will can be canceled and a new one drawn up, so the child will be more disciplined.

The will is drawn up in a notary's office. If something happens, the person who compiled it may change his decision.

This method is good in cases where there is a suspicion of dishonest relatives who may demand their share when entering into an inheritance by law.

  Extract from the Unified State Register of Real Estate: what is it, when and why, who needs it?

Buying an apartment for a child

Can a minor child buy an apartment? The process of acquiring an apartment through purchase and sale is currently the most common.

This is due to the fact that the best way to invest money is real estate, since until the baby grows up an apartment or house, you can rent it out and make a profit.

Such an agreement is drawn up in a notary's office and requires the signatures of all parties. It must be said right away that the buyer signs the person. If he is 14 years old, and if his parents or other legal representatives are not.

After the entire procedure, the minor becomes the full owner of the real estate.

It is important to know that if the purchase of an apartment or house takes place with money from previously sold property where a minor was registered, then it is necessary to obtain the mandatory consent of the guardianship and trusteeship authority to carry out such a transaction.

Pros and cons of a child becoming an owner

Decorating an apartment for a child has its pros and cons

Purchasing real estate for a child has the following advantages:

• first, he becomes the owner of the property, and after reaching the age of majority he can dispose of it at his own discretion;
• Until the child reaches the age of majority, the apartment or house can be rented out and the money received can be spent on the needs of the family or the child;
• the property of a minor cannot be seized or otherwise seized for monetary or other obligations of the parents;
• Guardianship and trusteeship authorities strictly monitor the rights of children. Therefore, various transactions with such property that have signs of fraud will be necessarily canceled by the court, and the children’s rights will be restored.

If we talk about minuses, then there is only one. It is almost impossible to sell the baby’s property, as the guardianship authorities will oppose it.

They will only give permission to improve the latter’s living conditions. It should also be said that after the age of 14, a minor can limit the actions of his parents in managing his property. There are no more cons.

Speaking about whether it is possible to register real estate for a child, it must be said that this procedure is the same for children and adults.

The law does not establish any restrictions, with the exception of the presence of parents in transactions where the minor is under 14 years old, that is, all agreements are signed by guardians.

Upon reaching 14 years of age, parents only give written consent, and the child signs.

Learn more about transferring real estate into the ownership of a child in the video:

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11 Oct 2016 Yulia Yurievna 212      

Buying an apartment for a minor, or how to protect a child’s rights to property?

Many parents are interested in whether a minor citizen has the opportunity to become a real estate owner .

Indeed, there is a mechanism for purchasing, inheriting an apartment, registering a child as a co-owner through the privatization of housing, but in order to implement the plan, you need to take into account a number of factors that everyone should know about.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.  

If you want to find out how to solve your particular problem, please contact the online consultant form on the right or call +7 (499) 938-65-46. It's fast and free!

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Can a minor buy an apartment?

You can purchase housing and make a minor the owner if persons who can officially represent the interests of a citizen under the age of 18 act on behalf of the child.

They will have the right to sign documents, and the child will have the apartment itself .

Attention! Either the mother or father must be registered at the same address as the teenager or child.

A child can become the owner of real estate and register in the living space where an individual representing his legal interests is registered.

There is also an alternative when the father or mother is registered in the residential premises belonging to the minor.

Affects the nuances of drawing up a purchase agreement and the method of payment for real estate. In the case of purchasing square meters immediately for cash , the transaction looks quite simple. The child is registered as a “buyer” , and the person representing his interests signs a contract for the purchase of real estate.

It is also possible to complete all the necessary paperwork without the presence of a minor , upon presentation by the guardian and/or parent of the ward’s passport and birth certificate. Teenagers sign themselves if they have written permission from their parents .

When purchasing housing on credit , you should obtain a document confirming the approval of the guardianship authority . To implement your plan, you need to prepare a list of papers and an application to this organization. The Board of Trustees must give the petitioners an answer no later than half a month.

If a child becomes the owner of real estate, then the observance of his rights is controlled by the state , so any operation with this living space, including sale, pledge and exchange, can only be carried out with the approval of the guardianship council.

Now the privatization deadline has been extended until March 2015, so everyone needs to submit documents before the last calendar day of February.

This process is possible only with the agreement of all registered residents of the apartment, including minors who are already 14 years old.

After the privatization of real estate, all citizens who carry out this process become its owners. If only minors are registered , privatization requires a petition from persons representing their rights and interests, as well as the consent of the guardianship and trusteeship authorities. This procedure can be initiated by these organizations as well.

In the case where only a child who is already 14 years old is , then such a teenager must independently submit a petition to transfer the housing into private ownership with the permission of the parent or adoptive parent and the relevant authorities.

officially renounce their claim to part of the privatized housing. Minors are prohibited from doing this; their right to own real estate is protected by the laws of the Russian Federation.

If they have a registration, children are obliged under any circumstances to become direct participants in the privatization process.

Note! Having reached the age of majority , these citizens have the right to take part in privatization again.

What rights to property does he have until he reaches adulthood?

After privatization, the child becomes a co-owner or owner of the apartment, which guarantees the protection of his rights by the state.

Since minors are considered partially capable , but have property rights, for their implementation, the law of the Russian Federation provides for such features in the execution of transactions.

Starting from the age of 14, teenagers have the right to sell, exchange or privatize housing, with the permission of their parents. When making a transaction, the minor signs the agreement with his own hand , and the parent or guardian puts his signature next to it with a note indicating his consent.

When disposing of real estate that is the property of minors who are under 14 years of age at the time of the transaction, their representatives can draw up all the required papers.

To ensure that parents do not harm the interests of the child, all manipulations with the home that he owns are controlled by guardianship institutions.

The law of the Russian Federation provides for a number of measures that help protect the property of minor citizens. And it is privatization that guarantees that it is almost impossible for a child to be deprived of his own square meters. have not yet reached the age of majority at the time of implementation of legal privatization measures , they lay claim to certain square meters, even in circumstances where they are already the owners of certain real estate.

Adults acting on behalf of a child do not have the legal authority to sell or exchange property owned by minors without improving the living conditions.

Exceptions may be special cases , for example, if official representatives need money for a minor (for treatment) and as a result of this an exchange , after which the child’s share falls to a smaller square.

Immediately after the sale of privatized real estate, it is necessary to buy a new living space in which the child will be registered. The right of ownership remains with the minor, even if the child does not temporarily or permanently reside at the place of registration.

• The law guarantees the child’s opportunity to return to privatized square meters, and a municipal or departmental apartment can go to new owners.
• The state always protects the rights of minors, and by law all transactions that could lead to the loss of a child’s property are prohibited.
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Housing for a child

A person of any age can become the owner of real estate, and these actions are considered legal by the state.

Decorating an apartment for a child has a number of features. Let's take a closer look at the whole process.

One of the most common reasons is to provide a child with their own home. Parents think about buying real estate in advance, preparing for their child a prosperous life in the future.

The second common reason for registering housing for a minor is to prevent troubles from arising in the event of a parental divorce.

If legal proceedings begin regarding the division of jointly acquired property, then the real estate belonging to the children has nothing to do with this issue. And the apartment is not divided between spouses.

Less often, registration of real estate in the name of children is carried out to exclude claims to the property of third-party organizations. For example, in case of unfulfilled financial obligations to creditors.

How to register real estate for a child

Registration is carried out according to the standard procedure in accordance with the rules of Russian legislation. The difference is that all actions are performed by the legal representatives of the minor - parents or guardians. But in the documents the owner is registered directly as the child.

At the first stage, the seller must submit the following documents:

• Certificate of ownership of real estate;
• If there are several owners, notarized consent of all owners;
• An extract from the house register (needed to confirm that no one is currently registered in the apartment);
• Personal account statement;
• Certificate from the BTI;
• A copy of the cadastral passport.

The next stage is signing the apartment purchase and sale agreement. In the buyer's full name section, the child's data is entered, as well as the data of the legal representative - parent/guardian representing the interests of the minor.

The agreement can be concluded in simple written form, certified by a notary or using the services of a real estate agent.

After signing the document, an apartment acceptance certificate is drawn up.

After receiving the documents, the state fee is paid, and the package is transferred to the registration authority for registration of real estate. After a certain time (usually 30 days), the guardians receive a certificate of ownership. In the document, the subject of law will be the child.

Donation of housing to minors

In some cases, housing is given to children rather than purchased. A gift agreement is signed if the parents decide to transfer their own property to a minor.

To donate a house to the owner, it is enough to draw up a simple agreement in writing. In the case of children, such an agreement will have to be certified by a notary.

If the deed of gift is drawn up by another relative or acquaintance, then you should proceed as in the case of purchasing a home: a deed of gift is drawn up, which indicates the representatives of the child.

After signing the contract, a package of documents is collected (as when buying an apartment).

If the property belongs to several persons, then written consent for the donation is required from all owners in order to avoid challenging the deed of gift. If housing belongs to both spouses and is given to their common children, then the consent of the second parent is not required.

A package of documents is also submitted to the registration authority and after a certain time a certificate of ownership is issued.

Rights and responsibilities of parents

All actions with real estate are carried out by legal representatives. Such actions include only paying property taxes. Otherwise, adults cannot manage housing in any way.

Such an apartment cannot be sold, donated, exchanged, rented out, pledged, divided into shares, registered in a will, etc.

To carry out these transactions, it is necessary to obtain consent from the guardianship and trusteeship authorities. And getting this consent is quite difficult

.

The main negative aspects of registering real estate in the name of children lie in limiting actions with the house. However, this provides a guarantee that the property will remain with the minor.

If a child is 14 years old, then until the age of majority (up to 18 years old) he can make transactions with an apartment. But this also requires parental consent.

A teenager receives full right to dispose of his property only after reaching the age of majority, that is, after 18 years. However, in some cases exceptions are made: the child can make transactions with housing in the event of emancipation.

Emancipation means the case when a minor is recognized by the court or guardianship authorities as legally competent.

This decision is made if the teenager is already working, is engaged in entrepreneurial activity, has entered into a legal marriage, etc.

Pros and cons of registering an apartment for a child

The main advantage is financial support for children. When registering real estate in the name of a minor, it is difficult to do anything with it: sell, exchange, leave the apartment as collateral, etc. This guarantees the preservation of property.

However, this is the main disadvantage. If parents decide to purchase a new home, rent out a house, etc., then this is very difficult to do. You will have to obtain consent from the relevant authorities.

Another advantage of registering housing for children is the exclusion of the division of property between spouses in the event of divorce. The property will remain with the minor, and none of the spouses will have the right to claim it.

Also, bailiffs, creditors, etc. will not be able to lay claim to the property if one of the spouses has financial obligations to legal organizations.

Thus, registering an apartment for children provides a guarantee of ownership of certain material goods in the future. And it is difficult to claim this property. However, it is difficult for guardians of a minor owner to take action with the housing. Taking these features into account, parents decide what to do.

  Buying a house

Buying an apartment for a minor child: design features

A child becomes the owner of a home in various ways: he can receive an apartment as a gift, by inheritance or as a result of privatization.

Also, on his behalf, the parents have the right to conclude a purchase and sale agreement. All these transactions will require mandatory registration with Rosreestr authorities.

Due to their age, minor children do not have sufficient legal capacity to independently purchase housing. However, this does not mean that it is impossible to register an apartment or other real estate in their name. The solution to this issue mainly depends on the parents and other legal representatives of the child acting in his interests. But sometimes the law requires it.

Why does a child need real estate?

Registering an apartment for a minor is not that uncommon in legal practice. The motives of adults who initiate or approve such transactions are not always limited to concern for the material future of their son or daughter. Sometimes they are quite selfish.

In particular, one of the spouses may intentionally register real estate in the name of a minor child, knowing that in the event of a divorce it will not be divided.

Article 60 of the Family Code states that parents do not have the right to claim the property of their children, and Article 34 of the same legal act does not consider it joint.

Also, if financial problems arise in a family, credit institutions will not be able to collect debts from the property of a child or teenager.

But usually parents or other persons, making a transaction in favor of a minor, want to provide him with housing while he is still a child. They reserve the right to dispose of the apartment until the child acquires full legal capacity - after 18 years. By registering real estate in the names of children, citizens can be sure that they will not remain on the street even if their parents die.

Please pay attention! Until the owner reaches the age of majority, any alienation of housing belonging to him is possible only with the consent of the guardianship and trusteeship authorities.

Ways to purchase an apartment as children's property

There are several ways to transfer home ownership to children.

Since their interests are represented by parents, guardians or other persons, it is mainly up to the adults whether the child becomes the owner of a residential property or not.

For example, they have the right to refuse a gift or inheritance in favor of a son/daughter if they consider it unprofitable (remoteness of the object, large debts of the testator, etc.).

For each method of purchasing housing in the name of a minor (minor) owner, there are legal nuances. Therefore, it is worth talking about them separately.

Buying an apartment for a minor

Important rule! If, as a result of any transaction, the child’s property increases, permission from the guardianship authorities is not required to register it.

The purchase by citizens of an apartment in the name of a minor child is just such a transaction. Therefore, parents have the right to register it without the written consent of officials. The procedure for directly drawing up a purchase and sale agreement depends on the age of the child:

1. If he has not yet reached his 14th birthday, then the purchase of real estate on his behalf is entirely carried out by his parents (and in their absence, by guardians or other legal representatives). At this age, young children can independently carry out only small household and gratuitous transactions - Article 28 of the Civil Code. They don’t even have to be present when paperwork for purchasing housing is completed.
2. If a teenager is in the age range from 14 to 18 years (not inclusive), then he himself signs the purchase and sale agreement, but only with the written permission of his parents, guardians or adoptive parents - Article 26 of the Civil Code.

When the future owner of the apartment is not yet 14 years old, he appears in the contract as the Buyer, but a postscript is made: “in the person of...” (hereinafter his legal representative is indicated).

If at the time of signing the document he is between the ages of 14 and 17, it states that he is acting with the consent of a parent or other person protecting his interests.

The consent itself should either be formalized in a separate document certified by a notary, or included in the text of the concluded agreement.

A minor citizen has the right to be a participant not only in an agreement for the purchase and sale of real estate, but also in an equity participation agreement if the apartment is purchased on the primary market.

Attention! If a residential property is purchased with the participation of maternity capital funds, parents are obliged to make co-owners of the apartment both the child whose birth gave the right to receive money, and all other children.

As with the purchase of real estate by adult citizens, a transaction with a minor purchaser of housing is registered with Rosreestr. For this purpose, the department is provided with:

• application for registration of property rights (if the child is not under 14 years old, he signs it himself, but if he is a minor, this is done by parents/guardians/trustees);
• child's birth certificate;
• the child’s passport (if he has already received it);
• passports of legal representatives;
• contract for the sale and purchase of an apartment registered in the name of a child;
• certificate of absence of encumbrances on the residential property;
• cadastral and technical passport (must be available from the seller of the apartment);
• form-7 and form-9;
• a receipt for payment of a state fee in the amount of 2,000 rubles (charged regardless of the fact that the registration procedure is carried out in favor of a minor).

The list of papers is approximate. For example, if the child was adopted, then an appropriate court decision will be needed. The complete set of documents should be checked directly with the territorial division of Rosreestr or with MFC specialists.

As you know, when buying real estate, Russians have the right to take advantage of the personal income tax deduction and return part of the amount paid. The amount of the deduction is 13% of the price of the apartment, but is limited to a maximum limit (for example, for an apartment not purchased with a mortgage, it is 2,000,000 rubles).

According to Article 220 of the Tax Code (clause 6), citizens retain this right even if the money was spent on purchasing real estate for children. Until 2014, imperfect tax legislation did not clearly regulate this issue, and it was resolved in different ways - at the discretion of the courts.

Donation of an apartment

A minor Russian has the right to become a homeowner under a gift agreement. As a general rule, he has the right to register it independently only after reaching his 14th birthday. On behalf of young children, the agreement is concluded by parents (representatives).

Fig.2. Donation agreement. Source: My right

If other minor children are registered in the apartment donated to the child, Rosreestr will register the transaction only if there is permission from the guardianship authorities to alienate the property. Otherwise, the list of documents is identical to that provided when purchasing an apartment. But instead of a purchase and sale agreement, a gift agreement is transferred to the registration authority - as a title document.

Important point! If an apartment is given to a child by a mother or father, then the gifted person must indicate the second parent in the contract. If the same person is present in the document in two guises - the Donor and the representative of the Donee, it will be declared invalid.

When giving an apartment to a minor, it should be understood that its former owner completely loses all rights over the “gift”. They pass to the new owner and his representatives. And it is very difficult to cancel such a deal.

Inheritance of residential premises

A minor child can become the owner of an apartment both by law and by will. In any case, before submitting documents for registration, you must contact a notary and draw up a special certificate - about the right to inheritance.

This paper is issued six months after the death of the testator, if the child’s right to his property is documented.

The issued certificate is the main document of title, according to which he will become the owner of the inherited apartment or part of it.

Privatization with the participation of a minor

Since 2017, housing privatization has become not only free, but also unlimited. At any time, a family that has not taken advantage of the granted right earlier has the right to transfer the state apartment into private ownership. This is a kind of “gift” from the state, which transfers residential property to citizens free of charge.

The rules of privatization are prescribed in the special law of the Russian Federation No. 1541-1 dated July 4, 1991.

According to this document, all minors registered in the privatized apartment must be included in the contract for the transfer of ownership of the property.

That is, as a result of privatization, the child becomes either a co-owner of the apartment, receiving his share, or its sole owner, if the other participants issue written refusals in his favor.

Please pay attention! According to Article 11 of this law, children included in the apartment transfer agreement before they reach the age of majority have the right, after their 18th birthday, to once again participate in the free privatization of another home.

Things to remember

Having become the owner of an apartment, a minor child will be able to freely own and use real estate. But he will be able to freely dispose of it only after reaching adulthood.

Before this period, for any alienation of real estate, he will need not only the good will of the parents, but also the written permission of the officials of the guardianship authority.

Without this paper, not a single transaction with “children’s” living space will be possible.

The sale of an apartment and other transactions involving minors are subject to mandatory notarization. Regardless of whether it is alienated completely or in shares.

Is it possible to register an apartment for a minor child in 2023 - in Russia, purchase, real estate

Some parents purchase real estate in the name of their young children. And then they are faced with the question of how to properly register property rights.

How to register an apartment for a minor child in Russia in 2023? Most countries in the world provide equal rights to their citizens, regardless of age.

This allows parents to partially secure the future of their children by purchasing real estate in their name. Is it possible to register an apartment for a minor child in Russia in 2023?

Basic Concepts

Some Russian citizens, when purchasing real estate, register it in the name of a minor child.

Current legislation allows a child to become an owner from birth. But the motives of parents are different and not always appropriate.

The first reason for transferring an apartment into the ownership of a child is the desire to provide him with living space. Of course, the legal representative (parent, guardian) will manage the property until the child reaches adulthood.

But any alienation without the consent of the guardianship authorities is prohibited. That is, parents are confident that no matter what happens, their child will not remain on the street.

The downside is that parents, if they need to sell their home, will have to convince guardians that their children’s interests are being respected.

Another reason involves transferring the apartment into the ownership of the child as a way to remove the object from the list of jointly acquired property.

When spouses divorce, all common property is divided in half. Property belonging to another person, a child in this case, is not subject to division.

In case of non-repayment of borrowed funds, credit institutions will not be able to foreclose on property that does not belong to the debtor.

The motives of adults can be different. But in any case, the transfer of ownership to the child must be properly formalized.

Required terms

In Russia, children have equal rights with adults. They may be property owners. But children do not automatically have ownership rights to their parents’ property.

Registration in an apartment only gives the right to reside. A child can become the owner of an apartment if the object is purchased or privatized in his name, inherited, or given as a gift.

When considering the process of registering an apartment for a minor child, you should take into account the difference in children’s rights depending on age.

According to Russian laws, there are two categories of citizens under eighteen years of age:

Minors, that is, children under fourteen years of age	Article 28 of the Civil Code of the Russian Federation
Minors, aged fourteen to eighteen years	Article 26 of the Civil Code of the Russian Federation

Each group has different rights. Young children are considered incompetent. That is, they cannot realize their interests and cannot make the right decisions.

Legal representatives act on their behalf. These are parents, guardians, trustees or guardianship authorities.

In any transactions, including real estate, his authorized representative makes decisions and signs for the child.

Minors over fourteen years of age are recognized as having limited legal capacity. They are already able to partially understand the consequences of their actions.

This means that they can make decisions in real estate transactions and sign the contract.

The limitation is manifested in the fact that a parent or other legal representative must give their consent to the transaction.

In the absence of the written consent of the representative, any transaction is considered invalid.

Regulatory regulation

Article 35 of the Constitution of the Russian Federation speaks of the right of every citizen to own, use and dispose of property.

This norm is also consistent with Article 17 of the Civil Code of the Russian Federation, which states the recognition of civil rights for all citizens equally, starting from the moment of birth.

Based on these norms, a child in Russia has every right to be the owner of real estate.

Regarding real estate, Article 131 of the Civil Code of the Russian Federation establishes a strict requirement for mandatory state registration of property rights.

It is the acquisition of the right that is registered, regardless of the basis for its acquisition. The existence of ownership rights is recognized from the moment an appropriate entry is made in the Unified State Register of Real Estate.

According to Federal Law No. 122 of July 21, 1997 “On state registration of rights to real estate...” for state registration of ownership rights, a package of documents corresponding to the type of real estate and type of agreement is submitted to the registering authority.

How to register an apartment for a minor child

Transactions with real estate involving minors are often considered to be the most complex transactions.

The main problem is the limitations of the child participant. His interests are represented by a parent or representative.

In addition, at any time, the interests of the child can be verified by the guardianship authorities. But this problem is relevant for transactions in which the child’s property is alienated.

Alienation of the property of a minor, as well as any reduction of this property, is impossible without the consent of the guardianship and trusteeship authorities.

In cases where the child's property increases, the participation of guardianship authorities is not required.

The decision to transfer ownership of real estate to a child is made solely by his representatives.

Children are the same citizens, the only limitation is the need for the participation of a capable adult representing the children's interests.

List of documents

To register an apartment in the name of a minor citizen, the following documents will be required:

• child's birth certificate;
• title documents for the apartment;
• technical and cadastral passports for the object;
• a document serving as the basis for obtaining ownership rights;
• application for registration of rights signed by the legal representative of the child and the former owner;
• a document confirming the authority of the representative;
• documents certifying the rights of the previous owner;
• an extract from the house register about the composition of persons registered in the apartment;
• certificate of absence of encumbrances and restrictions on the apartment.

Depending on the type of transaction, this list may be reduced or supplemented.

Step-by-step instruction

The procedure for registering an apartment for a child depends on the type of transaction. The simplest option is donation.

The owner re-registers his property to a minor through a deed of gift:

It turns out there is agreement	To accept a gift from the child’s legal representative
A deed of gift is drawn up in the name of a minor	But it is indicated that a representative is acting on behalf of the child or that such consent has been obtained
The gift agreement is signed by the parties	And certified by a notary
Documents are submitted for registration of transfer of rights	Property in favor of the child

A child can also become an owner through the privatization of municipal housing:

1. The documents necessary for privatization are collected.
2. Parents write a notarized refusal to participate in privatization.
3. Documents are submitted to the authorized body.
4. If the decision is positive, a privatization agreement is concluded in the name of the child.
5. Parents register the child's ownership of the apartment.

If not all residents have refused the privatization of housing, then the child can become the owner of the share.

The allocation of a part of the apartment is carried out after the transfer of privatized real estate into common ownership.

In a sales transaction

• The purchase and sale of real estate involving a minor is carried out according to the usual scheme.
• If the child is on the buyer’s side, then the participation of the guardianship authorities will not be required.
• The peculiarity of the agreement is that a child is indicated as a legal transferee, acting in the person of a legal representative or with the consent of the legal representative.

You also need to know that a child under fourteen years of age is not required to attend the transaction and register the right. All documents are signed by a representative.

After fourteen years of age, the child independently signs the DCP and an application for registration of property rights.

The child must have a birth certificate with him (to confirm the rights of the representative) and a passport (to confirm his identity). According to paragraph 1 of the “Passport Regulations...” all citizens, starting from the age of fourteen, are required to have a passport.

By will

Another option for transferring an apartment to a child is to draw up a will. But here you need to take into account that other applicants for housing may appear or the testamentary disposition may be contested.

Although a correctly drawn up will is difficult to challenge. Any person can act as a testator, including those who are not related to the child.

To register a willed apartment, a parent or other representative of a minor must enter into inheritance rights on behalf of the child.

To do this, you will need to contact a notary at the place where the inheritance was opened.

After checking the documents provided and the legality of the procedure, the notary will issue a certificate of inheritance in the child’s name.

With the received certificate, you can apply to Rosreestr to register the property rights of a minor citizen.

A standard package of documents is submitted, where the certificate of inheritance serves as the basis for obtaining the right.

If the property has a mortgage

Purchasing housing with a mortgage is becoming increasingly popular among Russians. Most often, spouses act as co-borrowers in mortgage transactions, and the apartment is registered as their common property.

But the situation becomes more complicated if you need to include a child among the owners. For example, a family has a small apartment, wants to sell it and buy a larger home, but with a mortgage.

1. If a child has a share in the ownership of an apartment, then the consent of the guardianship authorities will be required when selling it.
2. Video: how to sell an apartment if the owner is a minor

   At the same time, in the new housing the minor must receive a similar or larger share.

3. The problem is that not every bank will agree to a transaction involving a child.