Documents for the purchase of an apartment, consent for the purchase of an apartment to a minor

As a result of age, a minor is not fully capable of exercising his or her rights and responsibilities; therefore, the purchase and sale of real estate with his or her participation must be carried out in a nuanced manner.

1. Parents are his legal representatives and are entitled to exercise the full range of powers in the interests of the minor.
2. If the parents are absent, the minor's guardian (up to 14 years of age) is a representative, and the guardian is between 14 and 18 years of age.
3. The competent authority for the observance of children ' s rights is the guardianship and guardianship authority.
4. The legal analysis of the transaction is performed by the notary in the process of certification of the OST.

At the same time, the minor may well be the owner of the dwelling, property may be purchased in his or her name and a sale may be made on his or her behalf.

The procedure involves certain features, such as the collection of additional authorizations and the certification of a treaty.

It depends on whether the child is the owner (or has a share) of the apartment or is simply prescribed in it, i.e. is entitled to use.

You can't just sell an apartment in which the minor is the owner; the child must be given a proportionate share (or personal property, depending on the right he had in the previous apartment) in another dwelling.

If the child is the owner

If the minor is the owner or one of the owners (i.e. he has a share in it), the sale of the dwelling shall take place only with the consent of the guardianship and guardianship authority and, if so, the guardianship authority shall verify whether the child ' s rights have been violated.

Before entering into a transaction for the sale of an apartment, the seller must apply to the guardianship authority of the place of residence:

1. Collection of the necessary package of documents to be submitted to the department; in each locality, the list of documents may be kept.

It usually includes:

• Birth certificate,
• an extract from the EGRN to an apartment (which is sold and bought in return);
• Certificate of registered persons (extract from the home book),
• A technical plan for the housing to be bought and sold,
• BTI cost statement.

If new housing has already been purchased, appropriate documentation should be provided.

1. To prepare and sign a declaration of authorization to sell, this statement should specify in detail the circumstances of the sale of the apartment, as well as the characteristics of the premises where the minor will reside after the transaction.
2. Submit the application and the documents collected to the guardianship and guardianship authority; the Commission will approach the situation individually to determine whether the child ' s rights are affected in the particular case.
3. The permit may take up to one month; the permit will specify which requirements must be met when selling an apartment; they must be strictly adhered to; otherwise, there is a risk that the transaction will not be valid in the future.

The authorization of the guardianship authority will have to be transferred to Rosreest when applying for registration of the property rights of the new owner of the dwelling.

PURPOSE: To verify that there is a minor among the owners, you must order an up-to-date statement of the real property in the Single State Real Estate Register; the statement will include all the owners at the time of the request.

Formation of the contract: model

The procedure for the contract of sale involving a minor is also specific.

OSTmandatorymust be notarized (art. 54 of the Law on State Registration of Real Estate) as in the case of the sale of shares.

In order to do so, the parties to the transaction must approach any notary, present:

• Housing documents;
• The participants ' passports and the birth certificate;
• Authorization of the guardianship authority.

The notary may also request other documents to verify the legality of the transaction; the notary ' s employees themselves prepare a draft contract, which will subsequently be certified; the notary ' s certificate of contract will be worth 5,000 roubles.

If the child is under 14 years of age, the agreement is signed by a representative. If a minor is between 14 and 18 years of age, he/she signs the contract on his/her own with the written consent of his/her parents.

The notary contract will then have to be transferred to Rosreister to register the buyer ' s rights, which can be done through the IFC or the notary who certified the transaction.

If the child is written

If the minor is not the owner of the dwelling but is only prescribed in it, he or she is not a party to the contract; if the transaction is concluded, it is sufficient to remove the child from the register, the consent of the guardianship authority is not required as a general rule.

However, the law strictly protects children ' s rights, so the child cannot be discharged when selling an apartment, but must be registered at a new place of residence:

• Children under 14 years of age are registered at their parents ' address;
• A child between 14 and 18 years of age may live with close relatives (grandmother, grandfather, aunt, uncle, etc.).

For a buyer, the risk of a child not being registered in a sold apartment is that after the purchase of such an apartment, it will only be possible to make it available through the courts – which means a loss of time and sometimes even money – and the owner will have to file a claim, and if the decision is in the buyer's favour, it will be necessary to determine whether there is another place of permanent residence.

As a general rule, the seller is under an obligation to remove all persons living in an apartment from the registry, and the contract must contain a separate clause, such as:

"The seller undertakes to remove all persons registered in the apartment, including minors, from the registry by a deadline of... number, and in support of this, the seller shall provide the buyer with a certificate of registered persons (extract from the home book)."

The consent of the guardianship and guardianship authority to the removal of the registration will still be required if the child is under guardianship (care), and the buyer is therefore better informed by the local guardianship authority whether a guardian has been appointed before the transaction.

If the child is a buyer of real estate

If an apartment is purchased in the name of a child, it is not necessary to obtain the consent of the guardianship authority; the special nature of the transaction is only how the buyer signs the contract:

• For young buyers under 14 years of age, the contract is signed by their legal representatives: parents, guardian or guardian;
• Underage children between 14 and 18 years of age sign the contract by hand with the written consent of the parents (guardian, guardian) and may express their written consent directly in the contract, under the signature section. It is sufficient for the child to sign "With the consent of the mother of Petrova A.A. / the mother's signature/".

After State registration, real estate will be registered in the name of the minor.

Remember

1. If you sell a child's real estate, you must obtain permission from the guardianship and guardianship authority, without which the transaction will be illegal.
2. The text of an apartment belonging to a minor is drawn up and certified by a notary.
3. If the child is not the owner but is registered in the apartment, make sure that he is discharged before the registration of the buyer's right in Rosreister.
4. If you buy an apartment in the name of a child, you do not need to obtain a custody permit or certify the OST from a notary.

Dispute situations in obtaining permission for a real estate transaction from the guardianship and guardianship authorities

Any operation with an apartment in which there is a minor ' s share requires agreement with the guardianship and guardianship authorities, and the staff of that office take the child ' s interests so seriously that they are at times willing to go beyond their powers and make unlawful demands on their parents.

Parents are not entitled to dispose of an apartment owned jointly by a child without the permission of the guardianship and guardianship authorities; these restrictions are provided for in the Civil Code of the Russian Federation (art. 37, para. 2) and the Act on guardianship and guardianship (art. 21, para. 1).

Such accommodations cannot be used as collateral on credit, change, sell or rent without a permit, and disputes with the guardianship authorities are so frequent that they have been compiled and classified.

An expert from the Regional Ministry of Social Policy and real estate market experts provide information on when parents are wrong and when guardianship workers are involved.

1. The requirement to provide a child with a similar share in the housing to be purchased.

Let's say the family decided to improve living conditions, moving from a one - room apartment to an apartment similar to that in the new building.

In practice, parents face the requirement to provide the child with a similar share in the apartment being purchased.

Thus, if the child owned 50 per cent of the dwelling in the barracks, the new dwelling must also be owned by half of the dwelling, but the experts are confident that such a demand by the guardianship authorities is not in line with the legislation in force.

In accordance with the law, the guardianship and guardianship authorities issue prior authorization for a transaction that does not reduce the value of the minor's share, which means that the legal representative must give the child a share of the property that is proportionate to the value and not the amount of the property to be disposed of.

This means that the amount of the share is properly measured in monetary terms, which means that it depends on the value of the dwelling sold; for example, if the child owned 50 per cent of the dwelling in the barracks, which is worth 1 million rubles, the proportion is 500,000 rubles; and when buying a single in a house with a value of 2.5 million rubles, the parents are entitled to write down a share of 20 per cent for the child.

2. Refusal to authorize a sale or sale with a close relative ' s home.

Formally, the guardianship authorities prohibit the sale/exchange of a minor ' s apartment to an apartment of his or her next of kin; this restriction provides for article 37 of the Civil Code of the Russian Federation (Regulation of the property of the ward); however, the courts have their own views on the matter.

In practice, the question arises as to the implementation of article 37 of the Civil Code, which imposes a restriction on transactions involving the property of a minor; such restrictions are imposed on transactions between close relatives. Under family law, parents and children, grandchildren and grandparents, full brothers and sisters are close.

That jurisprudence had been established several years previously, but today such transactions could be countered by officials.

Another difficult, though common, situation is that the grandmother sells a share of the apartment in which the child is the second owner.

An expert from the housing department of BK_real property, if the minor's share of the total share of property is taken away: even if the guardianship authorities issue a permit, notaries may be denied permission to enter into a compensation transaction between relatives, and such actions are subject to a mandatory notary certificate.

Previously, the METRTV.ru portal described the features of family-to-family transactions and the receptions that allowed for permission from the guardianship authorities or circumvented the prohibitions issued by those authorities.

3. The requirement to pay the child ' s estimated account the amount of his or her share of the sale of the dwelling, even if the child received a share in the relative ' s apartment.

Parents often plan to improve housing conditions by means of a mortgage. For example, the family intends to change the one-room apartment into a three-to-one apartment with an additional payment. The guardianship authorities may consider this exchange to be a deterioration of the housing environment, since the purchase of the dwelling will be burdened with credit. If parents cannot pay the mortgage, they will lose the dwelling.

A few years ago, the situation was further complicated by the fact that banks refused to sign a child as owner in a mortgage flat, but the situation has changed; at least the key players in housing loans allow the minor ' s share of property to be processed.

The attitude of the guardianship authorities is still mixed, however, with different responses to such transactions in different district offices.

The adviser to the director general of the Northern Treasury, Many guardianship authorities call their parents and begin to clarify the details of the payments, the financial possibilities from which they will take the money to repay the loan, and so on. Sometimes they ask for a certificate from 2-NDFL or other documents that are not on the list: to provide a copy of the labour, a certificate, to write a letter. Although all this is done by the credit organization, if the loan is approved, then the bank has already checked the borrower's reliability.

According to real estate statistics, as long as the number of mortgage apartments owned by the children remains low, parents prefer to take the way around to give the child a share in the relative's apartment, and without any restrictions, to take a mortgage and buy an apartment; however, in this case, the guardianship authorities sometimes make additional demands:

The situation is common: parents respect the child ' s property interests by giving him or her a part of the grandmother ' s living quarters; the guardianship authorities agree, but say that the gift transaction is a free transaction, so the money obtained from the sale must be transferred to the child ' s account; there is jurisprudence according to which this position of the guardianship and guardianship authorities is not correct.

4. The requirement to deal simultaneously with the sale of an existing dwelling and the purchase of another one at the same time or within a month?

Until recently, the guardianship authorities considered it mandatory to comply with the condition of a "one-time transaction" – if an apartment with a minor's share is exchanged, then both transactions (sale of an old dwelling and purchase of a new one) must take place on the same day.

Exceptions were made only if the apartments exchanged were located in different localities, but it turned out that there was no legal instrument requiring a "one-time transaction".

Thus, the guardianship authorities are not entitled to set any time limits for the sale and purchase of housing.

In order to avoid unnecessary costs in a "one-time transaction", the family had to look for a notary who would agree to record the sale of the flat without requiring the notary to register the transaction.

However, Vlad Pavlov notes that today the guardianship authorities no longer consider the principle of "simultaneousness of the transaction" to be so binding.

They may issue a permit stating that the sale of an apartment with a child ' s share is permitted, provided that the counter deal takes place within a month, otherwise the permit to sell is invalid, so the problem with the guardianship authorities seems to have been solved, but there is a new problem...

The person who bought an apartment with a minor's share will not be able to verify whether the guardianship authorities have met the requirement that the family buy a new apartment within a month and whether the minor has received a share in it. If the family does not do so, the buyer of their old apartment will suffer. If the child's rights are violated, the guardianship authorities may cancel the transaction and the good-faith buyer will be left without an apartment.

A similar situation may arise in the sale of an apartment purchased with the participation of maternal capital, where the rights of the child have been violated.

It's a fairly common situation: the parents bought the apartment with a uterus, they didn't give the baby a share in the apartment, and they sold the apartment.

Upon reaching the age of majority, a young man who has grown up can sue and cancel his parents ' deal.

5. The requirement to provide children with shares in an apartment purchased with the use of uterus.

A dwelling purchased using a uterus should by law belong to all members of the family, each with its own share. If a regular purchase takes place, the share sharing is usually specified in the sales contract itself.

If the uterus is used in the purchase of housing under a contract of payment and/or mortgage, the obligation to pay the shares of the family members is incurred by the owner of the facility only after the construction has been completed and the loan has been fully repaid.

There have been cases in which the parents sold flats purchased with the use of uterus without paying the children ' s shares, some of which were identified by the Public Prosecutor ' s Office and challenged by the courts.

A lawyer of the Ural House of Real Estate has not been officially allowed to sell an apartment purchased using a uterus, in which the share of family members has not been allocated. Any such transaction has been perceived by the supervisory authorities as a violation of the law. However, today the situation has changed: the owner of the facility can apply to the guardianship authorities, promising that he will give the family members shares in the new apartment which he buys in exchange for the "old" purchased with the use of the uterus. He issues an obligation and assures him notarily, in which case the guardianship authorities may authorize the sale of the apartment without giving the family members shares.

Previously, the METRTV.ru portal described the characteristics of transactions with apartments purchased using maternal capital.

6. Prohibition of the presence of a real estate agent during negotiations by a representative of the guardianship authorities and the parents.

According to market participants, employees of the guardianship and guardianship authorities of the Aarhus and Upper Isetsk regions of Yekaterinburg repeatedly demanded that citizens who came to the reception should not bring realtors with them.

I don't want to say anything bad about the decency of our citizens, but realtors aren't the same either.

7. Refusal by the guardianship authorities to accept documents relating to an electronic registration transaction.

Electronic registration of the real estate transaction is relatively recent. Electronic registration takes place without visiting the IFC office – documents are electronically returned to Rosreister from the bank.

There was a case where the family purchased an apartment by contract using the means of masculinity. The contract was registered electronically, i.e. there was no blue stamp on the contract itself to register it in Rosreestre. The electronic record of registration is on the contract that came from the registration authority in electronic form. It happened that the family decided to change the rights under the contract of participation. It required permission from the guardianship authorities, but it was found that the district guardianship authority did not have access to the EGRN electronically. That is, the guardianship authority did not see whether the contract was registered or not. It had to order a statement through the IFAC office confirming the registration of the contract.

According to real estate operators, the requirement for additional confirmation of an electronic transaction does not apply to all district branches of the guardianship authorities, but there are, however, others; market participants believe that it should become a normal practice for the guardianship authority to cooperate fully with the registration authority and to request documents from it on the transactions of interest.

***

The guardianship authorities in the different regions of Yekaterinburg have different approaches to issuing permits for housing transactions that have children ' s shares; in some areas it is more difficult to obtain a permit; in others it is easier to obtain a permit.

In the view of the Ekaterinburg Realtors, the most loyal area in this matter is Chkalovsky, and the most stringent one is Upper Isetski, where parents face an improper demand from the guardianship authorities, they have the right to defend their interests.

There are several ways to do that.

For example, if they insist on a one-day sale and purchase of an apartment, which is not possible, they may be asked to bring in a pre-contract for the purchase of an apartment, and if the demand is inappropriate, the matter can be resolved by filing a complaint against the district guardianship action with a higher authority, the Sverdlovsk Region's Ministry of Social Welfare.

As the professional participants in the real estate market note, the dialogue with the guardianship authorities has recently become more difficult, thanks to the fact that almost all communication with them now takes place through the IFC.

Most people who apply for permission to deal with the guardianship authorities don't understand what additional paperwork can help them get a positive decision, and there's no telling people in the IFAC office, and as a result there's a risk of rejection.

In principle, with the same "inconvenient" IFC, it is possible to try and influence the professionals of the guardianship authorities.

Agents defending their clients have already adapted, through the IFC, to apply to the guardianship authorities for a complaint to be filed with the higher authority.

If the citizen ' s position is formulated in a reasonable manner and is based on legislation, the guardianship authorities may well reconsider their position.

Previously on:

Strings on the website:

• Catalogue of Ekaterinburg ' s New Structures.
• Selling apartments in Yekaterinburg.

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Documents for the purchase of an apartment, consent for the purchase of an apartment to a minor

The Main "Bought-Sales of the Apartment "Documents for custody in the purchase of an apartment

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The guardianship authorities closely monitor respect for the rights of minor children, especially when selling apartments where such children are registered or even owned.

In order to be able to sell such a dwelling, it is first necessary to obtain permission from the guardianship authorities for the transaction; without such a document, no normal realtor would agree to the conclusion of a contract.

If he agreed, such a document would have no legal effect.

Why do you need permission from the guardianship authorities?

By law, parents, guardians and guardians have the right to dispose of property belonging to minor children, including their share in apartments.

However, in order to ensure that such persons do not abuse their capacity and that guardianship bodies are established.

They monitor such transactions and make sure that the sale does not cause the child to lose anything (and better, he or she has acquired something).

The best situation would be that the child did not have the right to own the dwelling to be sold, but when buying a new apartment with the proceeds of the sale, the child would have his or her own share of real estate; in such a situation, it was very difficult for the guardianship authorities to find a reason to refuse permission.

List of documents to obtain authorization from guardianship authorities

It is difficult to obtain the consent of a minor, his parents or the family as a whole to buy an apartment, so it is recommended that a permit be applied only if the entire package is available. The list below is quite extensive, but even if it is incomplete, it depends on the situation.

List of papers to be submitted to the guardianship authorities:

• Parents '/guards '/teachers ' passports.
• The child/children ' s passport or their birth certificate if the passport is not yet available.
• Application for a permit to sell an apartment (see below).
• The marriage certificate and/or other documents on the basis of which the child is placed under the care or guardianship of the applicant.
• A statement from an account opened in the name of a child to which a certain amount has been deposited, for example, in the amount of his or her share.
• Real estate documents that are sold: If available, documents and/or a description of the dwelling/house that will be purchased in exchange for the real estate sold may also be provided.
• The privatization agreement provided that the housing was obtained in this way.
• The report on the valuation of real property (both sold and acquired) is not mandatory but desirable for a specialist of the guardianship authorities to be able to understand clearly whether the new living conditions of the child would be worse than those currently prevailing.

Formulation of the application

The application for authorization is made directly in the department of the guardianship authorities; there is no point in preparing it; moreover, the document does not have a strictly fixed form, and it may differ from division to division.

The model presented below is proposed for consultation only.

You can try to fill it out and apply to the guardianship authorities, but it is likely that it will still have to be rewritten according to the model that will be given in custody.

To download a sample application to the guardianship authorities when buying an apartment

But one statement is usually not enough.

The professionals from the guardianship authorities may invite the parents/guardians/guardians to a conversation in which they will describe the situation, why they sell the apartment, what they plan to do next, and so on.

Often, a child (if he or she is 14 years old or over) is also present at these meetings, and his or her opinion is taken into account in the subsequent issuance of a permit (or refusal).

In some cases, home buyers are also invited to attend these meetings, especially in order to minimize their risks so that they understand exactly what work is being done, the extent to which the guardianship authorities are prepared to grant a permit and under what conditions.

Time limit for obtaining authorization

Buying an apartment through guardianship is a rather complicated and lengthy procedure, though not always. If the proceedings reveal that the child is really ready to sell the apartment, that he will have better conditions in the new place, and so on, then luck can be done in just a few days.

Example: The family, even before the sale of the apartment they are currently living in, acquired a fabulous house (or another apartment, much better and more available), which is located in a good neighborhood.

The new home provides all the facilities for the child to live comfortably, including a separate room, which is to be registered as his or her property, while the old apartment was simply prescribed and had no title to property.

In such circumstances, permission from the guardianship authorities can be obtained at a record time, since the fact that the rights of the child are not infringed and the conditions are better is obvious.

In other cases, a decision may be taken for weeks, if not for a month, except for those situations where any of the documents submitted to the guardianship authorities have a certain "date of validity".

Then custody will seek to issue a permit earlier than that.

On average, when permission is required from the guardianship authorities, the duration of the sale of the dwelling is extended by a couple of weeks.

Given the many factors, characteristics and nuances, many of which depend on the situation and are unique, it is possible not to try to obtain permission from the guardianship authorities without the assistance of an experienced lawyer, and at the free consultation, specialists will point to those points that require special attention, and they are prepared to act as representatives of the client, defending his rights before the guardianship authorities, as well as accompanying the entire real estate sale procedure.

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Documents for custody in the purchase and sale of a minor ' s apartment

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The protection of children ' s property interests is entrusted to the mother, father or other legal representatives; the law further provides for the protection of children ' s property by specialists in the guardianship department.

A sale cannot be made if the guardianship department has refused to grant consent; a citizen must file an application and a package of documents.

Consider what documents are needed for the purchase and sale of a minor's apartment.

Requirements for the sale of the minor owner ' s apartment

In 2023, a minor owner of a dwelling is not uncommon, and children can become participants in privatization and receive a share of the dwelling if they use the mammary or inheritance.

However, the percentage of underage children is not always a good idea; in the case of a sale of an object, a number of difficulties arise.

Under article 37 of the Criminal Code, an apartment belonging to a minor may be sold only with the permission of the district guardianship department; the rule applies equally to blood parents and to guardians and guardians.

A minor may be either the sole owner of the property or a participant in the joint property; regardless of the type of ownership right, the consent of the guardianship department will be required.

The procedure varies according to the age of the owner:

1. The interests of a child between the ages of 0 and 13 are represented by a parent or other legal representative and the minor is not personally involved in the transaction.
2. The owner of the dwelling between 14 and 18 years of age has limited capacity and must therefore be present at the time of the conclusion of the contract and the legal representative must also be present and agree to the transaction.

Children aged 14 or over may give a third party a notary power of attorney to perform the transaction; the legal representative ' s consent will be required for the authorization to be processed.

No power of attorney is required for the parent or guardian to enter into a contract on behalf of a child between the ages of 0 and 13.

The minor's property transaction requires notarization, and the notary will refuse to sign the contract unless the custody department has approved the transaction.

Mode of action

The rules for obtaining the consent of the guardianship department vary according to the region of application; Federal law does not establish a list of documents and rules for the procedure for obtaining consent; it is therefore useful to further clarify the rules in the district guardianship department.

In order to obtain a permit, it is necessary to contact the guardianship department of the child ' s permanent or temporary registration office, and it does not matter where the apartment is located.

Order of action:

1. Advice to the custody department.
2. Document collection.
3. Application form.
4. I.D.'d.
5. Getting a decision.

A parent or other legal representative shall not be entitled to the property of the children; therefore they shall not be able to dispose of it at their discretion.

In the event that citizens wish to sell the minor ' s share, the following options are available:

• The child obtains a similar share in real estate;
• The money is transferred to the minor ' s personal account.

Preparation for authorization

Therefore, before applying to the guardianship department, parents must:

1. Select shares in another apartmentThe amount of the share should not be less than in the dwelling to be sold; the cost of the dwelling should be higher or similar.

An example.Irina decided to sell the apartment to move to another city, since the dwelling was purchased with the help of the uterus, Irina's children were co-owners of 1/10 percent of the apartment.

In order to obtain a permit, the mother allocated to the children a share of 1/4 in the dormitory, but the guardianship department refused to grant consent, since the dormitory was not a dwelling, and the transaction could not be carried out back.

Therefore, the children became owners of shares in the dormitory and remained owners of shares in the apartment.

1. Open personal accounts for childrenIt is only with the consent of the guardianship department that money can be withdrawn from such an account, so that parents cannot withdraw it and spend it at their discretion.
2. Prepare a preliminary contract for the purchase of—sale of the dwellingIf parents or other legal representatives sell an apartment to buy a new dwelling, the funds from the sale of the first dwelling may be used for purchase; this requires that a dwelling be found, a pre-contract entered into and made available to the guardianship department; the document must provide for the purchase of a share of the children ' s property; the shares may not be less or cheaper than the rent sold.

Advice to the guardianship department

The need for prior consultation is due to differences in the legislation of the regions; subjects of the Russian Federation may have different lists of documents and rules for obtaining consent.

This information must be made available on the district administration website and on the guardianship department's website.

The specialist will explain:

• Rules and time limits for the issuance of consent;
• List of documentation;
• Options for replacement.

In 2023, information could not be obtained only on the basis of a personal application to the guardianship department.

Alternatives:

• Through the State Services Electronic Portal;
• Through the IFC (in case of a contract between the municipality and the IFC).

Statement

The declaration shall contain the following data:

• Name of municipality;
• The position and F.I.O. of the head of the local government;
• The applicant ' s data;
• Name of declaration;
• Request for authorization;
• Data of the child;
• Information on the place of sale;
• Information on the property provided in return;
• List of documentation;
• signature, date.

Model declaration

download application model

List of documents for purchase

The purchase of a dwelling for a child does not require the permission of the guardianship department; parents and other legal representatives have the right to buy children any property that has not been taken out of circulation.

However, when buying an apartment, special documents must be prepared on behalf of a minor child.

List of documentation

No. n/a Name of document

1	Passports of parents or other legal representatives
2	Child birth certificate
3	Child ' s passport
4	Certificate of guardian or adoptive parent (for replacement parents)
5	Order of guardianship
6	Agreement on the transfer of a minor to a family
7	Notary power of attorney (if the interests of a child aged 14 or over are represented by a third person)

Documents for the purchased object may be requested if the parents sell the apartment and at the same time buy another (and give the child a share).

List of information for the custody department on the purchase of housing:

• Law-making documents (contract of gift, men, sale, privatization or certificate of inheritance rights);
• An extract from the EGRN;
• Copies of owner ' s civil passports;
• A certificate from the BTI on the cost of the dwelling;
• Technical passport from BTI (not exceeding 5 years of age);
• A preliminary contract.

Documentation to obtain approval for sale

Documents required for authorization:

• A paper copy of the EGRN extract;
• An extract from the home book (is issued at the passport table);
• The minor ' s birth certificate;
• Documentation of legal representatives;
• Declaration and consent of legal representatives;
• Information on the cost of the facility (BTI report or assessment report);
• An agreement to open an account in the name of the child (if the funds are deposited into the account);
• Technical passport from BTI;
• Law-making documents (contract of sale, certificate of inheritance rights, privatization act);
• The documents for the apartment to be purchased.

The application is submitted jointly by the parents and the second parent must also sign.

In the absence of a second parent, this fact must be documented:

If the minor has a single mother, the following must be provided:

• Birth certificate (if the mother did not provide information on the father);
• F25 certificate (if the father is quoted in the box from the mother ' s words).

If the father is dead, a death certificate must be submitted.

Authorization

The rules for issuing a certificate from the guardianship authorities vary according to the legislation of the regions; in most cases, the permit is issued after 14 days.

The decision of the guardianship department may be both positive and negative; if so, the document shall be issued in writing.

The permit refers to an act of a local self-government body (order or order) and must contain the signature of the head and the stamp of the local self-government body.

Refusal

The refusal to authorize the sale of the minor ' s share of the dwelling or apartment shall also be in the form of an order from the local authority.

A popular reason for refusal is the purchase of a share in an apartment belonging to close relatives (mother, father, grandmother, grandfather, brothers or sisters).

ExamplePolina applied to the guardianship department to obtain consent for the sale of the share of her son ' s land, which she planned to spend on the purchase of 1/4 per cent of the dwelling for the child, and the apartment was owned by the grandmother of the minor.

The value of the share was significantly higher than the value of the land; however, the guardianship department refused because transactions with close relatives were prohibited; the court denied the claims because it considered that the refusal was valid. Article 37 of the Russian Civil Code prohibits transactions between minors and their relatives.

The non-consent of the second parent to the transaction is also a ground for refusal.

ExampleEugenia applied to the guardianship department to obtain permission to sell an apartment owned by the claimant and minor daughters for one third of the share, which she wanted to transfer to the children ' s accounts and subsequently to use for the purchase of new housing for the children.

However, the Division refused to issue a permit because the father of the children did not authorize the transaction; the woman appealed to the court against the refusal of the guardianship department; it was established in the process that there were no other grounds for the refusal; the man did not appear before the court and could not be notified.

The Court granted the applicant ' s claims.

The law provides for additional protection in respect of children ' s property: in order to sell the child ' s real estate, the parent or other legal representative will have to obtain the consent of the guardianship department; in the event of problems in obtaining a permit, a specialist ' s advice is required; in order for a lawyer to contact you, it is sufficient to draw up an application in the form of a communication.

• Due to the constant changes in legislation, regulations and judicial practice, we sometimes fail to update information on the website.
• Your legal problem is 90 per cent individual, so self-protection and basic solutions are often not appropriate and will only complicate the process!

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Authorization of guardianship authorities to sell an apartment

The sale of an apartment, if one of the owners of the property is under age, involves a number of difficulties, the main one being the authorization of the guardianship and guardianship authorities to conduct the transaction; in the absence of such a document, it is impossible or will be considered null and void, since the minor ' s rights are infringed.

Authorization to sell an apartment with a minor

The primary task of the guardianship and guardianship authorities is to protect the interests of minor children, and therefore it will not be possible to circumvent this authority in a transaction with an apartment where the child is the owner.

Conditions for obtaining authorization:

• Maintenance or improvement of the child ' s living conditions (art. 31);
• Respect for the property interests of a minor (art. 292 of the Criminal Code of the Russian Federation) — in the event of non-compliance with this paragraph, the transaction will be prohibited or challenged after it has been conducted.

In order not to harm the child ' s interests, the proponents of the transaction provide him or her with a similar and comfortable living space or an equivalent share in it.

When a decision is taken on the issue of a permit, PLO employees are governed by the current legislation of the Russian Federation:

• Article 20 of the Russian Civil Code;
• Art. 292, para. 4, of the Russian Civil Code;
• Art. 31 of the Housing Code;

as well as Federal Acts:

• No. 51 (HC);
• No. 188 (WC);
• No. 223 (SC);
• No. 1541-1 (Law on the Privatization of the Housing Fund);
• No. 48 (Trusteeship and Care Act).

Permits are required both in real estate transactions where the minor owns a share of the dwelling and in dealing with property owned entirely by the child.

According to the Civil Code, the age of the child affects the child ' s legal capacity:

• Up to 6 years of age, it is deemed to be incompetent;
• From 6 to 14 years of age, it is deemed to be partially competent;
• 14 to 18 with limited capacity;
• After 18 years of age, fully operational.

In addition, a child over 16 years of age is deemed to be fully competent if:

1. Marriage is the only exception for the restriction of legal capacity; in the event of divorce, the restriction does not take effect.
2. Private enterprise or employment contract, i.e. emancipation.

If a minor is found to be fully competent, the transaction shall be conducted on general grounds and the authorization of the guardianship authorities shall not be required; in other cases, the parents shall visit the public authority, provide the necessary documents and obtain official authorization for the transaction.

Since 2016, real estate transactions involving minors must be certified notarized by the notary and the notary will register the transaction only if permission to sell has been obtained from the guardianship authorities.

In order to obtain a permit for the transaction, parents must personally visit the custody and provide the required documents, which will result in a positive or negative decision by the inspector and the issuance of an order.

What kind of documents are you looking for?

In order to avoid problems with obtaining a permit, the child ' s parents (guardians) provide the guardianship authorities with a package of documents:

1. The declaration must contain the signatures of both representatives of the minor.
2. Parents' passports.
3. The certificate of marriage and/or dissolution (if any).
4. The birth certificate of the child(s) if they are under 14 years of age.
5. Children ' s (child ' s) passports if they are over 14 years of age.
6. Personally signed consent of the minor to the transaction.
7. A document that gives rise to a right of ownership (contract of gift, sale, inheritance).
8. Explicit (cadastral passport).
9. A report on the number of people written in the room.
10. Exit from Rosreestre (the certificate of ownership was required until 2017).
11. An extract from the home book.
12. A real estate certificate.
13. Certificates of non-debt in utilities.

• If the guardianship authorities request that the minor be provided with a different dwelling (part of it), documents showing the technical characteristics, cost and other data on the facility will be required.
• Statement
• Both children ' s representatives visit the PLO ' s underage owner to write an application for authorization to conduct a sales transaction.

• Full information on the child(s) and the representatives(s);
• Data on real estate (area, technical specifications);
• Information on the emergence of a right of ownership (contract of sale, exchange, donation);
• The obligation to allocate to a minor an adequate space and technical characteristics of the dwelling (the amount of money in it) to be owned;
• Reasons for the sale of real estate;
• The signature of the parents.

An order issued after the PLO inspectors have reviewed the documents submitted may have different wordings:

1. Authorization for the disposal and sale of real propertywith the purchase of housing at the same time.In this case, the transaction will take place only after the child has become the owner of the purchased dwelling, which must be documented.
2. Authorization to sell real estatewith the subsequent purchase of housingIn this case, the money received for the child ' s portion of the dwelling will be transferred to an open bank account for the minor child.

As a general rule, the PLO issues a permit for sale, followed by the purchase of real property for a minor, only if he owns property other than that sold; in other cases, the sale is made on a one-time basis.

How long has the case been pending?

From the time of filing and writing of the application, the PLO will respond to the applicants within 14 days, but the deadline may be extended if:

• A request is required to be sent to another region, a situation that may arise if the child is allocated a share of the dwelling in another region;
• Information on real estate, its owners, is incorrect or not fully disclosed.

If the minor becomes the owner of the dwelling or its share in another region after the sale of the property, the period of consideration of the application shall be further extended to one month, as a result of the need to send a request to the PLO of the region where the child acquires ownership of the dwelling and to carry out an inspection of the premises provided by the inspectors.

Duration of authorization

The authorization issued by the guardianship and guardianship authorities for the sale of real property with the participation of the minor owner has different durations:

1. If the Order does not specify a specific period of expiry, it shall be valid indefinitely, i.e. until all the procedures specified therein are carried out, and the Order shall specify the property of the property owned by the child after the transaction.
2. If a specific period is prescribed in the Order, the applicants are required to return to the PLO and obtain a new permit upon its expiry.

The PLO has the right to specify in the Order the period of validity and it is therefore recommended that this nuance be clarified within the institution.

Refusal of custody: causes and follow-up

Even if all the necessary papers are in place, claimants may be denied the transaction and the reasons for the negative decision are as follows:

1. The deterioration of living conditions is, for example, the acquisition of a private house without communication to replace a well - arranged apartment.
2. Impairment of a minor's rights — for example, buying property is smaller than the area sold.
3. The possibility of challenging a transaction or suspicion of real estate fraud, as a result of which a minor may lose his or her property.
4. Making a deal between next of kin.
5. Refusal of one or more owners to sell property.

The position of the Constitutional Court, based on articles 37 and 28 of the Criminal Code of the Russian Federation, cannot be arbitrarily prohibited by the guardianship authorities from dealing with the property of minor children committed by their parents.

Accordingly, if custody is denied without prejudice to the rights of the child, the order may be declared unlawful through the court; an administrative claim may be filed with the court both at the place of the plaintiff and at the place of the defendant (guardian).

The court ' s decision would be based on the specific circumstances and legality of the transaction, the conformity of the procedure with the interests of the child, so that if the plaintiff ' s claims were legitimate and justified, there was every chance of obtaining a favourable judgement.

Authorization for refinancing by guardianship authorities

Refinancing of mortgages will in some cases require a permit issued by the guardianship and guardianship authorities; permission is not required if the mortgage is not used and the children are not the owners of the dwelling (their share).

A permit must be obtained if:

• The child is the owner, but the mortgage did not use the mother ' s capital;
• Family capital has been used as an initial mortgage contribution and shares in housing have been allocated to children;
• The mother ' s capital was used to repay debts or interest on mortgages, with a notarized commitment to allocate shares to all children within a specified time frame.

According to the law, shares in housing must be allocated to the first, second, third and subsequent children born (or adopted) during the period of validity of the mortgage contract using maternal capital.

In order to obtain a refinancing permit, the following documents shall be submitted to the guardianship office:

• Statement;
• Passports and Birth Certificates for all parties to the transaction;
• a notarized request in writing;
• Housing documents (extract from Rostreestra, cadastral passport, mortgage documents);
• A certificate confirming that there is no debt for public utilities;
• Refinancing documents (bank agreement).

The documents are reviewed by the guardianship inspectors within a period of two weeks to a month, followed by an order authorizing or prohibiting the refinancing of a mortgage.

In order to carry out real estate transactions in which there is a minor ' s share, it is necessary to obtain permission from the guardianship and guardianship authorities and to pass a notarized transaction registration procedure, following which the sale and purchase procedures are carried out normally.