Application for guardianship for the sale of an apartment with subsequent purchase (sample)

Last modified: May 2023

Selling an apartment is not easy, especially if it is registered or owned by minors. The law, while protecting the rights of incapacitated citizens, limits the right to dispose of property, requiring prior permission to sell an apartment from the guardianship authorities. Any transaction carried out without approval is considered invalid.

When is permission needed?

The sale process is complicated not only by child owners, but also by minors who are simply registered in the living space. The buyer, before the transaction, requires the property to be vacated, including deregistration at the address where the apartment is located. When a child is discharged and moves to another city or region, there is a need to provide him with other housing and obtain permanent registration at a new address.

If a minor owns at least part of the alienated real estate, his legal representatives are required to go through a complex procedure for coordinating the sale with the guardianship authorities.

The sale can be restricted not only by the presence of a minor owner, but also by other categories of incapacitated or partially capable persons. At the same time, not all children are considered incompetent, which gives the right to the free sale of housing.

In the following situations, the approval of supervisory authorities is not required, and the child is recognized as fully capable:

A citizen got married upon reaching 16 years of age.
The minor dissolved the marital relationship.
After turning 16 years old, the child began entrepreneurial activity.

Conditions of agreement

Parents, guardians, trustees or persons performing the functions of representing the interests of the child or ward can contact the guardianship authorities.
In turn, the supervisory authority must verify compliance with the basic requirements for the transaction:

The child’s quality of life and living conditions will not be affected. It will not be possible to simply sell an apartment without buying a new property.
All documents have been provided to guarantee the purity of the transaction and the absence of risk for the minor.
The procedure was carried out in the sequence regulated by law.
In the process of checking the documents for the transaction, the supervisory authority did not reveal any complaints.

Process description

Application for guardianship for the sale of an apartment with subsequent purchase (sample)

For example, when selling a home purchased with maternal capital, you will have to give all family members shares in the property, and only after that proceed with the sale with approval through guardianship.

An application is submitted to the guardianship authorities at the child’s place of residence, in which the legal representatives indicate their intention to sell the home, taking into account the rights and interests of the child.

The application must be drawn up in person and signed in the presence of an authorized supervisory officer.

If the child has reached 14 years of age, before considering the application, the inspector conducts a preliminary conversation with both the parents and the ward himself.

If children who own property or part of it have not reached the age of 14, legal representatives act on their behalf. Upon reaching 14 years of age, a child has the right to take part in the transaction and sign papers, provided that the parents write official consent.

When considering the application, special attention is paid to the submitted papers confirming that the child’s rights will not be infringed as a result of the planned transaction. When a child is transferred to the care of the state, the sale of housing does not require the prior provision of other property to the child.

When selling an apartment without further giving the child a share in the new property, a separate bank account is opened where the funds received from the sale of the owned living space are sent.

The difficulty is that the money must be transferred to a bank account before the alienation of property is formalized, and stored there until the child himself uses the funds after receiving the right to do so.

When there are no plans to separate the family, and the current housing is being sold with a further move to a more comfortable apartment or house, it is necessary to convince the supervisory authority that the new property will be of equal value or have better characteristics.

A period of 2 weeks is allotted for consideration of the application and verification. If the decision of the guardianship authorities is positive, then a permit is issued on an official form, giving the authority to sell the apartment legally. If approval is refused, the reasons are clarified, and if there are doubts about the legality of such a decision, they go to court.

There is one more important condition for executing a transaction involving the participation of a child in property. The official permit is valid for no more than 1 month, unless otherwise stated in the document itself.

Can guardianship authorities refuse to sell an apartment?

Before making a final agreement with a potential buyer, they analyze the chances of receiving official paper from the guardianship authorities.

The following situations carry a high risk of representatives' requests being rejected:

The apartment in which it is planned to allocate a share to the child in return for the alienated one is not encumbered. Other citizens do not claim it and there are no property disputes.
New housing allocated to a child leads to a reduction in his property rights (smaller space is provided).
There is a deterioration in living conditions in the new property, and the parameters of the new property are inferior to those of the current property:
- a new apartment or house, a share in the property of a minor, purchased for less money;
- the object is located remotely or living in this place entails additional inconvenience for the incapacitated person;
- other reasons casting doubt on the equivalence of the new property.

In order not to risk wasted time and effort, you should clarify in advance the chances of obtaining permission, paying attention to common arguments from the guardianship authorities.

List of documents

The following list of originals and copies of documents is attached to the application submitted to the guardianship and trusteeship authorities:

identification documents of parents and legal representatives;
a completed application requesting permission (if the child has reached the age of 14, he writes the application independently);
marriage certificate (or divorce);
certificates for children;
a bank statement confirming the deposit of funds into an account opened in the child’s name, if no further purchase of real estate is expected;
documents for new housing where the minor is planned to be registered;
papers for property owned by the child (certificate of registration of rights, cadastral, technical passport, plan, privatization agreement);
document confirming the valuation of real estate;
extracts from the house register (certificate of persons registered in the living space);
a certificate confirming the absence of financial claims against the owners of the alienated apartment.

Read: Registration of real estate for children.
In order for the transaction to be successful and without failures, it is recommended to visit the territorial department of the guardianship authorities and receive comprehensive advice on permission, how to obtain it, and under what conditions the sale and purchase of housing will be agreed upon.

It is no coincidence that buyers refuse to purchase housing where a child is the owner. Even if the papers are in order, there is no guarantee that the guardianship authorities will not refuse to complete the alienation procedure.

Free question to a lawyer

Need some advice? Ask a question directly on the site. All consultations are free / The quality and completeness of the lawyer’s response depends on how completely and clearly you describe your problem:

Download the application to guardianship for the sale of a share in the apartment

Application for guardianship for the sale of an apartment with subsequent purchase (sample)

According to the laws of the Russian Federation, for the sale of real estate that is wholly or in shared ownership of minors, incapacitated or partially capable citizens of the Russian Federation, it is necessary to obtain permission to sell from the guardianship and trusteeship authorities.

Transactions on the alienation of property of the above owners without obtaining permission to sell from the supervisory authorities are void (see Articles 19, 20, 21 of the Federal Law “On Guardianship and Trusteeship”).

Requirements for the writing form
Attachments to the document
Conclusion

Requirements for the writing form

To obtain permission to sell to the guardianship authorities, you must write an application for the sale of the apartment. The application can be submitted either printed or in simple written form.

The application is drawn up by the legal representatives of the minor and submitted to the guardianship authorities in person.

It is necessary to carefully collect all documents: in case of inaccuracies or absence of any certificate, guardianship officers may unconditionally refuse to accept the application. You need to be especially careful when purchasing housing in new buildings. The guardianship may refuse if the housing property is still under construction and is not ready for commissioning at the time of submitting the application.

After reviewing the documents, OOiP employees agree to the deal: parents are given a preliminary agreement signed by the head of the city administration.

Having drawn up a preliminary permit, the family is called to the guardianship authority for an interview, based on the results of which the inspector makes a final decision on the possibility of selling the home.

The result is that the family receives an official document - permission for a real estate transaction, the owner of which is a minor.

Having received this paper in your hands, you can start selling.

, which includes:

passports of all property owners, for children under 14 years of age - birth certificate;
written consent of all owners to alienate the minor’s share in the apartment being sold;
documents confirming ownership;
extract from personal accounts;
extract from the house register;
a certificate from the BTI about the cost of the apartment being sold;
technical plan;
certificate from the tax office regarding the absence of debt;
preliminary purchase and sale agreement.

All documents are submitted to the district inspector of the guardianship and trusteeship department.

Below is an example of an application to the guardianship and trusteeship authority for the sale of an apartment:

To the head of the municipality _____________________________________ from the city of ______________________________, residing at the address: _____________________ street, apt._____ passport___________________________ telephone ___________________________

Statement.

I ask you to allow the transaction of purchase and sale (exchange) of _____ room apartment at the address: _____________________________ total area - ______ sq.m., living area ____ sq.m.

, owned by right of ownership to me, my minor son (daughter) Full name ______________________ year of birth (certificate of home ownership No.____ dated ____

), market value XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX million.

Download a sample application to guardianship for the sale of a share in an apartment

_________________ ___________________________________________
from _______________________________ ___________________________________
STATEMENT

I would like to inform you that I am selling my __ share in the apartment that belongs to us by right of common shared ownership, located at the address: _______________________________________ for the price of __________ rubles. According to Art. 250 of the Civil Code of the Russian Federation, you have the pre-emptive right to purchase my share in the right of common ownership as a participant in the common shared ownership of the specified apartment. I ask you, no later than one month from the date of delivery of this application to you, to inform me of your desire to purchase the specified share in the right of common ownership of the apartment for the above price or to waive the pre-emptive right to acquire it.

Download the application to guardianship for the sale of a share in an apartment without consent

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The consent of all interested parties is available; the property and housing rights and interests of the minor will not be infringed.

I undertake, in accordance with the legislation of the Russian Federation, within the period (one month) from the date of issuance of permission to complete the transaction, to submit to the department of guardianship and trusteeship of the municipality ***************** copies of purchase and sale agreements (exchange ). I have no complaints against the guardianship and trusteeship authority.

Date of_____________
Signature__________
You can download a sample form and an example of a completed application using the links below:

Download the application form to the guardianship and trusteeship authorities for the sale of an apartment
Download a sample application to the guardianship and trusteeship authorities for the sale of an apartment

Conclusion

This article discusses a standard example of submitting an application to the guardianship authorities.

Many people need a sample application for guardianship when selling an apartment. However, each department may have its own nuances in composing the text. Therefore, it is recommended to check with specialists on how to correctly compose this paper.

However, there are general requirements for it, taking into account which it is possible to write everything in advance.

The procedure for obtaining permission from the guardianship and trusteeship authorities to sell an apartment with the subsequent purchase of a new one

If a minor has a share in housing that is planned to be sold, then it is necessary to contact the guardianship authorities to obtain permission for the transaction (Article 37 of the Civil Code of the Russian Federation, paragraph 4 of Article 292 of the Civil Code of the Russian Federation).

Algorithm of actions:

concluding preliminary purchase and sale agreements with buyers of existing housing and sellers of the property that is planned to be purchased;
contacting the guardianship authority at the place of registration (it is located in the district administration, reception hours can be clarified by phone);
provision of documents for existing housing and for new housing, in addition to an application for permission to sell a house/apartment (if the child is over 14 years old, a joint visit to the institution is required);
receiving a response within 10 days (if the workload is high, this period may be extended).

The new object must be no worse in quality than the previous one. The size of the children's share may be smaller if the cost of 1 sq. m. in new housing is higher. However, minors should not lose out financially.

You can submit an application for guardianship by contacting either directly the guardianship authority at your place of residence, or by submitting a package of documents to the multifunctional center (MFC).

Required documents

Article 37 of the Civil Code of the Russian Federation obliges sellers of housing owned by a minor child to obtain special permission from the guardianship authorities. The papers that are needed when purchasing a home through guardianship should be prepared in advance.

The following documents must be provided to the trustee bodies:

Application from parents for the sale of housing. In the absence of one of the parents, this fact must be confirmed with relevant papers (court decision on deprivation of parental rights, death certificate).
An application from a child over 14 years of age requesting consent to complete a real estate transaction.
Children under 14 years of age do not write an application.
Passports of all parties to the transaction, including the child, if he is over 14 years old. Up to 14 years old – birth certificate.
Certificate of ownership, which states the child's share of property. A document on the basis of which the apartment became the property of the child.
Technical and cadastral passport (see.
See also: extract for the apartment from the technical passport of the BTI). You can order an extract from the cadastral passport from Rosreestr.
Certificate of appraisal of the property being sold indicating its market value.

If the cost of the area is equivalent, then it is necessary to allocate an equivalent share in the new housing.

Sample application to the guardianship authorities for the sale of an apartment or share of a minor

There are no special forms for drawing up such an application document. It is written randomly, by hand on A4 paper.

Required:

name of the guardianship department and full name of its head;
Full name of parents and their telephone numbers;
Full name of the owners (including children) and details of identity cards and date of birth;
the full address of the property that is being sold, indicating the shares of minors (sometimes it is necessary to indicate the share and numerical ratio);
address of the facility where it is planned to allocate a share to children;
list of documents attached to the application;
an application for permission to transact;
date and signature.

Sample application for guardianship for housing exchange

Regardless of whether a pure sale or exchange is planned, the same package of documents must be provided. Only in one case are these papers for existing property, and in the other for purchased property.

The application must be written in accordance with the above requirements.
The question often arises of what share to allocate to children.
A temporarily appointed guardian or trustee has all the rights and obligations of a guardian or trustee, with the exception of the right to dispose of the ward’s property on his behalf (to give consent to the ward’s transactions to dispose of his property).

If it is discovered that an agreement has been concluded on behalf of the ward without the prior permission of the guardianship and trusteeship authority, 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.

View other applications to the guardianship department...

Application for guardianship for the sale of an apartment owned by a minor

Head of the Department of Guardianship and Trusteeship of the Executive Committee of the Nizhnekamsk Municipal

______________________________ (FULL NAME.

Otherwise, the transaction will be declared invalid and the sales contract will be cancelled, and the parents may be brought to administrative liability for violating the interests of the child.

Russian legislation strictly protects the interests of children: if a minor owns a share in an apartment, then it can be sold only on the condition that the child will be allocated the same share of space in the new home, and the living conditions will be no worse than the previous ones. If the child is not a co-owner, but is only registered in the apartment being sold, then deregistration is possible only if he is simultaneously registered in the newly purchased housing.

How to get permission?

To obtain documents permitting the sale of housing in which the child has a share, you must contact the guardianship authorities. In this case, all parties to the transaction must be present: both parents (guardians) and the child himself, if he is already 14 years old.

If one of the guardians cannot appear for valid reasons, then a trusted person with a notarized power of attorney must be present instead.

Sample application from the buyer and seller for guardianship for the sale of an apartment

How to obtain permission from the guardianship and trusteeship authorities to sell an apartment: sample application, list of documents

It is submitted by both parents and contains information about the housing being sold and the newly purchased one: the form indicates the total and living areas of both premises, as well as the share that will be allocated to the minor child in the new apartment. The application must be completed in legible handwriting, without errors.

Sample application: The guardianship authorities accept the application and begin considering the case. Employees carefully check all information about the child’s new place of residence: living conditions must be no worse than the previous ones.

They evaluate the total and living space, the technical condition of the apartment, the availability of repairs, infrastructure in the area (clinics, kindergartens, schools), as well as the market value of the property. The planned transaction must be of equal value, and ideally, improve the living conditions of the child. How many days does the guardianship consider the application? The deadline for making a decision is 2 weeks.

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

This is necessary to prevent the replacement of one poorly equipped apartment with an object of similar characteristics. If the guardianship authorities determine the equivalence of the apartments being sold and purchased, permitting documentation will be issued.

Obtaining permission to sell an apartment from the guardianship authorities

In addition, in relation to minors, it is necessary to understand the following features. They are recognized as all persons under 18 years of age. At the same time, children who are under 14 years of age are minors. Adolescents between the ages of fourteen and eighteen have more rights and responsibilities.

But still, to conduct a real estate transaction, he will need the permission in question. If this condition is not met, the transaction is considered invalid. But there are exceptions to the rule. There are cases when persons under 18 years of age are recognized as fully capable.

This is a citizen who entered into marriage after reaching the age of 16 or later this marriage was dissolved. A citizen over 16 years of age who is engaged in entrepreneurial activity is also fully capable.

RAA Law

Application for guardianship for the sale of an apartment owned by a minor.

Control over the safety of property and management of the property of citizens under guardianship or trusteeship or placed under supervision in educational organizations, medical organizations, organizations providing social services, or other organizations, including for orphans and children without parental care. The guardianship and trusteeship body, at the request of interested parties (guardians or others), issues, in accordance with the Federal Law “On Guardianship and Trusteeship,” permissions to carry out transactions with the property of wards. The guardianship and trusteeship body can check the living conditions of wards, compliance by guardians and trustees the rights and legitimate interests of wards, ensuring the safety of their property, as well as the fulfillment by guardians and trustees of the requirements for the exercise of their rights and the fulfillment of the duties of guardians or trustees, determined in accordance with Part 4 of Article 15 of the Federal Law “On Guardianship and Trusteeship”.

A temporarily appointed guardian or trustee has all the rights and obligations of a guardian or trustee, with the exception of the right to dispose of the ward’s property on his behalf (to give consent to the ward’s transactions to dispose of his property).

If it is discovered that an agreement has been concluded on behalf of the ward without the prior permission of the guardianship and trusteeship authority, 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 that belonged 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. See others ... To the Head of the Department of Guardianship and Trusteeship of the Executive Committee of the Nizhnekamsk Municipal ______________________________ (F. AND ABOUT.

applicant in full) ______________________________ home address: ______________ telephone number________________ Application for guardianship for the sale of an apartment owned by a minor Please give permission for the sale of a ____-room apartment at the address: ___________________, where the minor lives _________ (if the child is the owner of the apartment, then indicate what share in the apartment belongs to the child ), with the simultaneous purchase of a _________-room apartment at the address, with the obligatory condition of providing living space to the minor ____________ and registration at the place of residence (if the child was the owner of the apartment being sold, then also write: with the obligatory condition of registration of ownership rights to _________ shares)._____________ ______________ (date) (signature)PS: The permit document is issued within 15 days. Ask a lawyer a question right now! Consultation is free.

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How to correctly draw up an application for guardianship for the sale of an apartment, its sample and necessary documents

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It's fast and free! Requirements for the writing form To obtain permission to sell to the guardianship authorities, you must write an application for the sale of the apartment. The application is submitted by both parents except in the following cases:

Single mothers.
Death of one of the parents.
One of the parents is missing, has been wanted for more than two months, and has officially been evading payment of child support for more than six months.

Attachments to the document The application must be accompanied by a package of documents, which includes:

passports of all property owners, for children under 14 years of age - birth certificate;
written consent of all owners to alienate the minor’s share in the apartment being sold;
documents confirming ownership;
extract from personal accounts;
extract from the house register;
a certificate from the BTI about the cost of the apartment being sold;
technical plan;
certificate from the tax office regarding the absence of debt;
preliminary purchase and sale agreement.

All documents are submitted to the district inspector of the guardianship and trusteeship department.

I ask you to allow the transaction of purchase and sale (exchange) of a _____ room apartment at the address: _____________________________ with a total area of ______ sq.m., a 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 ____), market value XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX million rubles, with the simultaneous purchase (exchange) of a ______ room apartment at the address: _____________________________, total area ______ sq.m., living area _______ sq.m. .m.

, owned by gr.

_________________ in the ownership of ____________________ (indicate the family members into whose ownership the apartment is purchased, indicating their shares), market value XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX million.

rub. The consent of all interested parties is available; the property and housing rights and interests of the minor will not be infringed.

I have no complaints against the guardianship and trusteeship authority. Date___________ Signature__________ A sample form and an example of a completed application can be downloaded from the links below:

Download the application form to the guardianship and trusteeship authorities for the sale of an apartment
Download a sample application to the guardianship and trusteeship authorities for the sale of an apartment

Conclusion This article discusses a standard example of submitting an application to the guardianship authorities.

Sample application from parents to obtain permission from the guardianship and trusteeship authorities for the purchase and sale of an apartment

Protection of property rights → Sample.

plaintiff: (last name, first name, patronymic) (address) the interdistrict prosecutor of the city filed a statement of claim for recognition of ownership of the apartment in the interests of a minor (f.

Statements from citizens → Sample. Application for renaming a telephone in connection with the exchange (purchase, receipt) of an apartment to the head of the Soviet telephone center from the application, I ask you to rename the telephone no.

, established at the address in my name, in connection with (exchange, improvement of living conditions.

Real estate purchase and sale agreement → Apartment purchase and sale agreement. The act of acceptance and transfer of the apartment, the purchase and sale agreement for the apartment "" 20, hereinafter referred to as "side-1", on the one hand, and, referred to as.

Statements of claim, complaints, petitions, claims → Sample dated June 15, 1995. Statement of claim for compensation for damage caused by the flooding of the apartment, the formation of the value of things that have become unusable and the restoration of the apartment.

attachments: 1. copies of statements of claim according to the number of defendants. 2. extract from the house register and copies of financial and personal accounts.

3. living space plan. 4. obs. act. Protection of property rights → Sample.

Application for transfer of ownership of the apartment to the Government of Moscow dated October 25, 1994.

n 918 (position, name of organization)

We collect a package of documents for guardianship when selling an apartment

New housing should not be inferior to the old one in all the above characteristics. And ideally be an order of magnitude higher.

The more advantages the apartment you are planning to purchase has, the greater the chance of receiving a positive response from the guardianship authorities.

Therefore, the procedure for obtaining permission to purchase housing in a new building is quite difficult. Especially if the housing project is still in the construction phase and will only be ready after some time. Due to the increasing incidence of fraud in the construction of new housing, the trustee body is trying to play it safe and protect the rights of the child at the appropriate level.

Therefore, when choosing new housing in microdistricts under construction, give preference to objects that have already been put into operation or are in the final stage of readiness. This way you will have a much better chance of getting the coveted permission from the guardianship authority to sell your apartment.

Obtaining permission from the guardianship authorities to sell an apartment

Applications with a large number of corrections and erasures, as well as those containing deliberately false information, are not subject to consideration. The mandatory points of the document under consideration are the following:

The name of the regional guardianship authority where the application will be considered;
Personal signature of the applicant.
List of documentation attached to the application;
Text of the application for permission to put the apartment up for sale;
Full name of the applicant, his passport details, registration address and telephone number;
Date of filing the application;
A detailed description of the living conditions of a minor citizen in the event of the sale of living space owned by him, indicating the address of the future place of residence;

The last 2 points are completed in the presence of the inspector.

Permission to sell an apartment from the guardianship authorities

Errors and corrections are also not allowed. The application form reflects the contents:

personal information about the applicant:
- FULL NAME.;
- information from the identity card;
- address;
- telephone.
address;
the name of the authority to which it is submitted;
information from the identity card;
signature of the applicant or his representative;
telephone.
The subject of the appeal is an initiative to sell an apartment.
It is also important to indicate here that at a certain period of time, documentation about the minor’s new place of residence will be provided to the same institution.

Permission from the Guardianship Authorities for the Sale of an Apartment Sample

Application from parents for the sale of housing. In the absence of one of the parents, this fact must be confirmed with relevant papers (court decision on deprivation of parental rights, death certificate).
An application from a child over 14 years of age requesting consent to complete a real estate transaction. Children under 14 years of age do not write an application.
Passports of all parties to the transaction, including the child, if he is over 14 years old. Up to 14 years old – birth certificate.
Certificate of ownership, which states the child's share of property. A document on the basis of which the apartment became the property of the child.
Technical and cadastral passport (see also: extract for an apartment from the technical passport of the BTI). You can order an extract from the cadastral passport from Rosreestr.
Certificate of appraisal of the property being sold indicating its market value. You can order the document from the BTI.
Extract from the house register. Certificate about the number of persons registered in the apartment.
A document about the condition of the property you plan to purchase. Contains information about the location of the new housing, living space, technical condition and the share that will go to the minor in the property.
A statement confirming the absence of utility debts from the owner of the property being sold. The document is not required, but may be requested by trustee staff.

The procedure for passing guardianship when selling an apartment

An option is being considered when a bank account is opened in the name of a minor, and an amount not less than the value of the child’s share in the real estate being sold is credited to it. The guardianship authorities are provided with papers confirming these actions.

To obtain permission to sell real estate, all participants in transactions with passports must contact the guardianship authorities.

If someone cannot be present, then this must be done for him by an authorized person who has received a power of attorney from a notary.

Parents (guardians) and the child himself must be present if he has reached 14 years of age. Necessary documents for guardianship to sell an apartment:

Permission from the guardianship authorities to sell an apartment: sample, documents, deadlines and how to obtain it

Important. The rules set out below are necessary for cases where the child is the owner of the home - the sole or shared owner. If the child is simply registered, but does not have property rights, then permission from the guardianship authorities to sell the apartment is not required.

The refusal of the guardianship authority to approve the sale of an apartment to a minor is not final. Any decision can be appealed according to the rules of administrative proceedings. The law states that an arbitrary (unmotivated) refusal by a guardian to issue permission is unacceptable.

How to obtain the consent of the guardianship and trusteeship authorities to sell an apartment to a minor

Lawyers who work in the field of family law are well aware that most transactions for the purchase and sale of apartments are delayed due to the waiting period for the decision of the guardianship council.

According to the rules established by regulatory instructions, the decision period is 1 month . If there are any valid reasons, the permit may be issued a little earlier. However, you don’t have to wait less than 2 weeks.

Guardianship permission for the sale of an apartment - obtaining without problems

They were selling an apartment where a minor son was registered. It was not possible to register him at his new place of residence, since the property there had not yet been registered, although the house was rented out and we had already moved to a new apartment. I had to register the child at the left address “for a fee”... along with me. Sometimes legislation really interferes with improving a child’s living conditions!

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Guardianship permission for the sale of an apartment: procedure for completing the transaction, list of documents

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.

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).

How to obtain the consent of the guardianship authorities to sell an apartment

The application must be in writing. Parents or guardians fill out an application in the presence of a child protection inspector from the Social Security Administration.

In the document they undertake to preserve the housing rights of minors.

Specific guarantees must be indicated indicating that minors have acquired other living space, including a room or share in an apartment. The application must be certified by an official.

After the transfer of ownership of the apartment to the new owner and the child purchasing another home, it is necessary to register the child or adult ward at the new place of residence, with the exception of cases where a minor or incapacitated adult is in a social institution. Failure to register your own living space does not deprive citizens of the right to own housing.

How to correctly draw up an application to the guardianship and trusteeship authorities for the sale of an apartment - a sample design

name of the guardianship department and full name of its head;
Full name of parents and their telephone numbers;
Full name of the owners (including children) and details of identity cards and date of birth;
the full address of the property that is being sold, indicating the shares of minors (sometimes it is necessary to indicate the share and numerical ratio);
address of the facility where it is planned to allocate a share to children;
list of documents attached to the application;
an application for permission to transact;
date and signature.

Permission from guardianship authorities to sell an apartment

Permission to carry out the procedure for the alienation and sale of real estate with the simultaneous purchase of housing. In this case, the transaction is carried out only after the child becomes the owner of the purchased residential premises, which must be documented.
Permission to sell real estate with subsequent purchase of housing (shares in residential premises) in the name of the child. In this case, the money received for the part of the housing owned by the child will be transferred to a specially opened bank account registered in the name of the minor child.

It will be impossible to withdraw this money without the consent of the Guardianship and Trusteeship Authorities, and also cannot be spent on anything other than purchasing housing for the child.

Selling an apartment if one of the property owners is under the age of majority is associated with a number of difficulties, the main of which is obtaining permission to conduct the transaction from the Guardianship and Trusteeship Authorities. In the absence of such a document, it is impossible to carry out a transaction or it will be recognized as legally void, since the rights of a minor are infringed.

How in 2023 to obtain permission from the guardianship and trusteeship authorities to sell an apartment in which there are minor owners

Regarding the concept of “better quality” for the guardianship authorities, not everything is so clear. Sometimes the decisions of guardianship officers in one district differ from those of another. Of course, you are unlikely to be given consent to sell an apartment within the city and then purchase a new home 40 km from the city.

But if, for example, a large house with high-quality renovation is purchased and the child will own more square meters, then they can agree to this. If there is money left over after selling and buying, you will have to put some of it into the children's bank account.

This is normal practice if cheaper housing is purchased.

You will not be allowed to simply sell the apartment unless the children are provided with new housing ownership. Moreover, the number of square meters for children in the new housing should be no less, and the housing itself should be no worse in quality than the previous one.

How to obtain consent from the guardianship authorities to sell an apartment

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.

Interesting read: How to sign a copy of a work book sample

Applicants' passports or passport if single parent.

Application for consent to alienate an apartment from a minor if he is 14 years old and his passport.

Copies of children's birth certificates.

Document about marriage or its dissolution.

Bank document if money has been deposited into the child’s account. Required in the case when, instead of buying a new home, the share due to the child was transferred in money.

Documents for the housing being purchased.

Documents for existing housing:

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.

Obtaining permission to sell an apartment from the guardianship authorities

The sale of real estate where a minor citizen is registered is carried out only with the consent of the guardianship authorities. Otherwise, the transaction is not recognized and the contract is subject to cancellation. Parents selling and home buyers should keep this in mind. But the procedure for obtaining a permit is not easy; it contains various nuances that should be taken into account.

The consent of the guardianship and trusteeship authorities will not be obtained for the sale of an apartment if any of the documents provided are expired. But even if the package of papers is a sample of the order, legal representatives will be given consent only if they submit documents confirming the acquisition of equivalent living space.

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

Registration of a permit and compliance with the conditions for the protection of the rights of minors occurs in several stages. The initial stage will be notification of the guardianship authorities about the upcoming sale of the apartment to which the child has rights.

At the application stage, parents act as representatives of a child under 14 years of age. 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.

How to obtain permission from the guardianship authorities to sell an apartment

In some cases, you will be able to obtain a resolution from the guardianship and trusteeship authorities without providing ownership of equivalent living space. These cases include: placement of a minor, incapacitated or partially capable apartment owner for state maintenance and support, for example, in a baby or child's home, in a home for the disabled or the elderly.

A resolution from the guardianship authorities to sell an apartment is necessary if the owners or co-owners of the apartment are minors, incapacitated or partially capable citizens (Article 28, 29, 26, 30 of the Civil Code of the Russian Federation). To obtain this document, you must notify the guardianship authorities in writing about the sale and submit a number of documents required by law.

Sample application for obtaining permission from the guardianship and trusteeship authority to carry out a transaction with the real estate of a minor - the purchase and sale of an apartment

purchase and sale agreement for a one (two, three, etc.) room apartment located at the address:_____________________, with a total area of ____ sq.m, a living area of ____ sq.m, the owners of which are __________________________________________________________,

(written in one’s own hand or drawn up using technical means and submitted to the administration on paper with the necessary documents attached) To the head of the administration of the municipal district