You can find out how long free privatization in Russia has been extended, how to restore a warrant to participate in the procedure, as well as in what cases a refusal from the authorities can be obtained on our website.
Do citizens under 18 years of age participate in property registration?
Children who have not yet reached the age of 18 are considered minors.
And in accordance with Russian legislation, it is an eighteen-year-old citizen who has the full range of rights and bears the corresponding responsibilities. Civil Code, namely Art. 21 notes that at the age of 18 a person has full legal capacity.
How to include children in the procedure if they were not included before?
Attention! The basis for a child to be included in the privatization procedure is registration.
If he is registered in the apartment, then the child can participate in the procedure even if he is not officially registered in the apartment, but lives on a permanent basis.
The Family Code states that children must live with their parents . If there are no such legal representatives, they were deprived of parental rights or died by tragic accident, other guardians are assigned to the child.
The child must be registered in the same property with his legal representative. If mom and dad live in the same premises, are registered in it, and accordingly, the child is also registered in this real estate, then a child under the age of 18 has the right to participate in the privatization of such real estate.
If the child is not registered, if the parents are divorced or registered in different premises, then, accordingly, the child is registered with one of the parents. If the privatization of real estate in which the parent is registered is carried out, but the child is not registered, then the child does not have the right to participate in such a procedure.
Is it possible to privatize an apartment for a minor child?
Paragraph 2 of Article 2 of Law No. 1541-1, which primarily regulates the specifics of privatization, directly states that residential premises inhabited only by children can be privatized as their property. This requires the permission of guardians or trustees (as well as government agencies involved in this matter). In addition, if the children themselves living in such premises are not aware of this possibility or do not seriously consider it, privatization may occur at the initiative of guardians/guarantors.
In addition, as part of privatization, the child’s parents can voluntarily renounce their share, so that the property will actually be registered only in the name of the child. This can be done using a notarized waiver. Until adulthood, the premises will be managed by parents, guardians or trustees, depending on which of them is available, after which the child himself will be able to manage the property directly. This does not require any additional documents.
Example : A brother and sister live in a social apartment. Both are 15 years old. Parents died. The grandmother acts as the guardian. On her initiative, the privatization procedure is being launched. After registration of ownership rights, it will be she who will actually dispose of the apartment (within certain limits). However, after the children reach adulthood, they automatically receive the right to do whatever they want with the apartment, within the framework of current legislation.
How many times can they participate?
How many times can a child participate:
If you haven't participated yet
Children of any age can participate in privatization, but their role varies depending on their age. Initially, the legislation of the Russian Federation completely excluded minors from such a process. But over time, the norms and their interpretation have changed, and if a child does not receive his share during privatization, his representatives can go to court or the guardianship and trusteeship authorities will stand up for the child.
Important! Often the child is the only owner of privatized housing, due to refusal of the procedure by other relatives.
The legislation of the Russian Federation allows citizens to participate in the privatization procedure once. This means that if a child carries out this procedure for the first time, just like his legal representatives, then no one has the right to prohibit this.
If you have already participated
After reaching the age of majority, children have a second opportunity to participate in privatization for free, even if at a younger age a similar procedure was already carried out in accordance with Art. 11 Federal Law No. 1541-1.
The fact is that the actions that were carried out by the child before he reached the age of 18 are canceled , and now it becomes possible to obtain ownership of a new home.
However, as before, adults can take advantage of this opportunity only once.
Arbitrage practice
As part of judicial practice, people usually face problems of refusal to privatize or violations in the framework of its implementation:
Example No. 1 : A family with a small child decided to privatize the municipal housing in which they live on the basis of a social rental agreement. After collecting all the necessary documentation, residents contact the authorities and guardianship authorities and are refused, since the house in which the housing is located is in disrepair. Since in such a situation the residents must be moved to another apartment, immediately after the move the family can try again. Consent will be more likely to be obtained.
Example No. 2 : Two families live in one apartment, one of which has a minor child. He is registered at the same address. As part of privatization, the child was mistakenly not listed anywhere, and permission was not obtained from the guardianship authorities. However, due to an error, no attention was paid to this fact and the adults were able to register ownership. A few years later the situation became clearer. Privatization was declared illegal. Now the residents will have to do everything all over again, but now they will also have to take into account a minor child.
Privatization of an apartment with a minor child is not much different from the usual procedure. However, due to the need to obtain permission from the guardianship authorities, exercising your right becomes even more difficult. Experienced lawyers will answer the most popular questions during a free consultation. In addition, they can act as representatives, which will significantly speed up and simplify the entire procedure.
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Author of the article
Natalya Fomicheva
Website expert lawyer. 10 years of experience. Inheritance matters. Family disputes. Housing and land law.
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Rules for registering housing without a younger family member
Sometimes parents, in order to avoid paperwork, want to carry out the real estate privatization procedure without the participation of their own child. However, instead of easing their lot, citizens find themselves an extra reason to appeal to all sorts of authorities.
If you simply sign the baby out of one room and reassign him to another, in essence, this will not change anything. For privatization, an archival certificate in Form 9 is required, which will reflect the essence of what is happening with real estate over the past 10 years . So, the child will “hang” in it, and the parents will have to take steps to return the registration to normal.
Attention! You can privatize real estate without a child only with the permission of the guardianship and trusteeship authorities. To do this, the government agency must make sure that the rights of the minor are not violated.
This is only possible under the following conditions.
- If you or your close relatives have an apartment on the right of ownership and they agree on general terms to allocate your child a share, at the same time, no less than what the child would have had during privatization.
- The other parent has another non-privatized apartment where the child is registered and he will participate in the privatization procedure there.
Features of the procedure
The concept of minor children covers citizens aged 0 to 18 years. But you must admit, there is a huge gap between a baby and an 18-year-old adult. Therefore, several more subspecies with limited legal capacity are secretly distinguished.
Up to 14 years old
Children under 14 years of age are minors (Article 28 of the Civil Code). These citizens are incompetent and cannot make transactions on their own, so either their parents or guardians do it for them. The guardianship and trusteeship authorities monitor how the rights of such a minor are respected.
From the moment you receive your passport until you reach adulthood
Minors aged 14 to 18 years are persons who have a greater range of rights . But the transactions they enter into must be approved by their parents or other legal representatives.
There must also be approval from the guardianship and trusteeship authorities (Article 26 of the Civil Code).
However, the law allows such citizens to draw up an application independently and on their own behalf.
Important! There are also capable emancipated citizens aged 16 to 18 years.
In this situation, the emancipation procedure will be a legal term that means that these citizens can independently participate in transactions and legally enter into them. Such minors can fully participate in civil transactions (Article 27 of the Civil Code).
If the sole owner is not yet legally competent
If children become the sole owners of real estate, then upon registration, they also cannot complete the transaction on their own. The procedure must be carried out for him by legal representatives, and the guardianship and trusteeship authorities will ensure that the transaction is carried out legally (Article 2 of Federal Law No. 1541-1).
The child's sole ownership of the entire property does not create any additional problems during privatization.
Step-by-step algorithm
When carrying out the procedure, it is important that the stages of action are followed.
- The basis for privatization is the writing of an application from a tenant of a social rented apartment. The document is drawn up by the parent for the child.
- A package of documents is being collected.
- You must go to the local administration and submit a package of documents to a special commission.
- Review of the package may take some time.
- A contract for obtaining ownership of the property is being prepared.
- The agreement is signed by all participants in the procedure.
- Applying to Rosreestr for the issuance of a certificate. The child also receives a similar document in his name.
Cost and benefits
Children who for any reason were left without parents have the right to participate in privatization. The guardianship authorities undertake to monitor how the transaction proceeds , and the state provides this category of persons with the opportunity to prepare documents related to the privatization procedure free of charge.
At the same time, it does not matter at all that the guardian is involved in processing such a transaction. It is paid for at the expense of the municipality.
Documentation
Special attention should be paid to the formation of a package of documents . It will include the following papers.
- Social rental agreement for real estate as confirmation of the legality of privatization.
- Statement of desire to participate in privatization.
- Technical documentation for the apartment.
- Her plan.
- Cadastral passport.
- Certificate stating that participants are exercising their right to privatization for the first time.
- Power of attorney if the tenants are represented by a person.
- Birth certificate and passports of all privatization participants.
- Copies of the above documents.
- Certificate of persons registered in the real estate.
- A copy of the death certificate, if the deceased person previously lived in the property.
- A certificate from the management organization confirming that there are no debts on utility bills.
- Refusal to participate in privatization, which is certified by a notary office.
Additionally, other papers may be provided that are important for the procedure.
Deadlines
Officially , privatization is carried out within two months from the moment you submit documents to Rosreestr . However, in practice, the deadlines increase significantly several times, due to the complexity of processing transactions, the need to deliver any documents, and so on.
In itself, the extension of the privatization period is due to the fact that the number of citizens of our country has increased due to the annexation of Crimea, which means that government agencies need more time to consider each case in detail.
How to dispute
It is possible to refuse privatization; this is the right of any citizen. And the decision to use such a right or not depends on the will of the person. You can challenge the procedure in 2 ways:
- With the help of a notary who prepared the waiver documents;
- Through the court.
Such a point can be challenged only if the court does not recognize the transaction, that is, recognition that it is invalid. Perhaps the person was threatened or intimidated. But in this case, evidence is needed that such coercive methods were used.
In such a situation, it is important to find a competent lawyer specializing in such cases.
You can challenge it in the following cases:
- The person challenging the refusal has registration in the apartment that is the object of the dispute;
- Previously, this citizen was not a participant in any transactions related to privatization;
- At the time when the transaction took place , he had Russian citizenship;
- When you submit an application to the court , you need to know that the statute of limitations is 3 years;
- If the deadline exceeds this value, then it will be incredibly difficult to restore it and the judge must provide evidence about the important reasons for the missed deadline.
Subject to compliance with all existing rules, it is possible to refuse privatization, but only with the participation in the trial of a lawyer who is well versed in this issue.
Children's rights
Attention! Guardianship and trusteeship authorities monitor how the rights of minors are respected during privatization. Guardianship and trusteeship authorities can intervene in the procedure at any stage and check the legality.
In addition, if the guardianship and trusteeship authorities feel that the rights of a minor are not respected, this government body can sue the parents and act on the side of protecting the interests of the minor .
As a rule, the court listens to the opinion of representatives of this body. There is a possibility that parents will lose their right to privatization or they will have to carry out the procedure taking into account the opinion of the guardianship authority.
Deprivatization
Judicial deprivatization takes place when:
- during privatization, the interests of minor citizens registered in the apartment were infringed;
- there was an excess of authority by the authorized person during the implementation of the procedure;
- the procedure was carried out illegally, and the agreement was signed under pressure on one of the interested parties;
- the participant's condition did not allow him to realize the significance of his actions at the time when privatization was carried out.
How many times can you legally participate?
Is it possible to transfer ownership of real estate only to a teenager?
Only a minor child’s property can be privatized. In this case, you do not even need the consent of the guardianship and trusteeship authority. The legislator gives very clear explanations on the essence of this issue.
- If the child has not reached the age of 14 years, then all registration actions are carried out for him by legal representatives.
- If the child is older than the specified age, then he can even sign the documents himself, of course, with the consent of the parents.
The procedure for privatization of real estate with the participation of a minor child is an interesting experience both for him and for his parents. A separate pleasant fact is the opportunity for a minor to try his hand again after he reaches the required age.
The guardianship and trusteeship authority carefully monitors how the rights of small participants in the transaction are respected. If reasons for concern are found, the children's rights will be restored.
