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The article will reveal the main points related to the privatization of an apartment with persons under the age of majority.
Dear readers! The article talks about typical ways to solve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:
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What is the purpose of the procedure, according to what rules is it carried out, are there any benefits during privatization - further.
Privatization is the process of transferring real estate to a specific person with registration of property rights.
Privatization of an apartment with minor children is a difficult process, which has its own peculiarities. Are minor children involved in the privatization of an apartment? How to carry out the procedure correctly?
Basic moments
The privatization process is simple, but there are nuances that complicate it. One of them is the residence of a minor citizen in an apartment.
The essence of privatization is as follows:
Having privatized an apartment, it is possible to carry out redevelopment and restructuring of housing.
Also, the child participates in the process, even if he is not registered at this address, but only permanently resides.
At the time of privatization, the child is required to obtain a certificate of ownership, regardless of their age.
There are rules in privatization:
- exclusion of children from the process is not permitted by law;
- parents cannot sign a waiver on his behalf;
- parents have the right to issue a waiver on their behalf, then during privatization, minor children become the sole owners of housing. The document is drawn up at the notary;
- documents for a minor child are provided by parents or guardians.
The process of transferring ownership of housing with the participation of children is no different from the procedure without their participation.
Video: apartment privatization
The main thing is that a minor child signs the application on his own if he is already 14 years old. Observing these rules, the privatization process will take place without violating the law.
Age categories
Under the law, a minor is a citizen under the age of 18.
When he reaches the age of majority, such a right appears. If the parents of the child have died, then within 3 months the apartment must be handed over to them.
To do this, the guardianship authorities must write a statement. At the specified address, the child will be registered.
Possible benefits during the procedure
Any citizen has the right to privatize housing 1 time. The exception is minors.
If they participated in the privatization when they were under 18 years old, then upon reaching the age of majority they have the right to privatize the property again.
If the child lives without parents (the reason does not matter), then he has the right to shift the responsibility for the costs of the procedure to the local administration. At the same time, there are time limits - 3 months.
If after the discharge of the child
Legislation protects the rights of children in all areas. It makes sure that the minor is not left without a place to live.
If it is necessary to discharge the baby, the process should not infringe on his rights. In case of violation, the contract is cancelled.
In order for an extract from the apartment where the child is registered to go without problems, you must adhere to the following rules:
The only way to exclude a child from the privatization procedure is to discharge him. The law does not allow this to be done if the child is discharged to nowhere.
That is, there must be new address(the share of the child in this housing cannot be less than the previous one) or registration with one of the parents (if they do not live together, for example, they are divorced).
Hello! Help me please. During privatization, a 3-year-old child was registered (the privatization agent did not say that nothing could be done at that time, but they themselves did not realize). The privatization was refused, because we need permission from the guardianship, where we were denied, citing the fact that we infringe on the rights of the child, depriving her of her share in the apartment. The apartment that they want to privatize is framed in the name of a grandmother. We (parents) bought new apartment(military mortgage) is large in area and we want to register a child there. Is it possible to privatize grandmother's apartment in any way without the participation of a minor child?
Answer
Hello Olga.
In accordance with Article 2 of the Law of the Russian Federation “On the privatization of the housing stock in the Russian Federation” dated 04.07.1991 N 1541-1, persons who have the right to use this residential premises can privatize the premises, with the consent of all those entitled to privatization. It is important that, in accordance with Article 7 of the Law of the Russian Federation “On the privatization of the housing stock in the Russian Federation” dated 04.07.1991 N 1541-1, minors who have the right to use this residential premises and live together with persons to whom this dwelling is transferred to common ownership with minors, as well as minors living separately from these persons, but who have not lost the right to use this dwelling. Thus, in order for the child to lose the right to use the apartment, you, your husband and child need to check out of it and register in your apartment, bought on a military mortgage. After that, the grandmother will be able to privatize it. Removing a child from the register will not be a problem, since, according to paragraph 2 of Article 20 of the Civil Code of the Russian Federation, the place of residence of minors is recognized as the place of residence of their parents. According to paragraph 28 of the Decree of the Government of the Russian Federation of July 17, 1995 N 713 (as amended on August 15, 2014) “On approval of the Rules for the registration and removal of citizens Russian Federation from registration at the place of stay and at the place of residence within the Russian Federation and the list of persons responsible for receiving and transferring documents to the registration authorities for registration and deregistration of citizens of the Russian Federation at the place of stay and at the place of residence within the Russian Federation " registration at the place of residence of minors is carried out on the basis of documents proving the identity of the parents and birth certificates by entering information about them in house (apartment) books. This registration is carried out with the issuance of a certificate of registration at the place of residence. Thus, in accordance with the current legislation of the Russian Federation, for the registration of a child at the place of residence of the parents, the consent of third parties is not required and it is sufficient to submit to the passport service the birth certificate of the child and the passport of one of the parents.
Hello, Elena!
In accordance with Art. 2 Laws
Citizens of the Russian Federation who have the right to use residential premises of the state or municipal housing stock on the terms of social rent, have the right to acquire them on the terms provided for by this Law, other regulatory legal acts of the Russian Federation and regulatory legal acts of the constituent entities of the Russian Federation, in common ownership or in the ownership of one persons, including minors, with the consent of all adults and minors aged 14 to 18 who have the right to privatize these residential premises.
The execution of a contract for the transfer of ownership of residential premises in which only minors live is carried out at the expense of the owners of residential premises carrying out their transfer.
That is, if you use housing under a social lease agreement, then you have the right to privatize housing in common ownership, including a minor, with the consent of all adults and minors aged 14 to 18 who have the right to privatize these residential premises.
A law aimed at protecting the rights of citizens to privatize a dwelling in which they do not live, but have not lost the right to use it.
The Law amended the wording of part one of Article 2 of the Law of the Russian Federation "On Privatization of the Housing Stock in the Russian Federation". It has been established, in particular, that citizens of the Russian Federation can acquire ownership of residential premises in the state or municipal housing stock, " having the right to use" these premises, and not "occupying" them, as previously provided.
At the same time, consent to privatization must be given by “all persons having the right to privatize these residential premises” adults and minors aged 14 to 18 years. Thus, the need to obtain the consent of citizens who have the right to use this residential premises, but do not have the right to privatize it, is eliminated.
According to Art. 69 ZhK RF
To family members of the tenant of the residential premises under the contract
social hiring includes his spouse living together with him, as well as
children and parents of the employer.Family members of the tenant of the residential premises under the contract
social workers have the same rights and obligations as the employer. Capable
and members of the family of the tenant of the dwelling, limited by the court in their legal capacity
under a social contract of employment, they are jointly and severally liable with the employer for
obligations arising from the contract of social employment.
That is, if the child lives with you in this residential area, then he has the right to participate in privatization, regardless of the presence of registration.
Resolution of the Plenum of the Supreme Court of the Russian Federation of August 24, 1993 N 8 (as amended on July 2, 2009) “On some issues of the application by the courts of the Law of the Russian Federation“ On the privatization of the housing stock in the Russian Federation “the following is explained:
Since minors living together
with the employer and who are members of his family or former family members,
according to Art. 69 of the Housing Code of the Russian Federation have equal rights arising from the contract
employment, they are in the case of free privatization of the occupied premises on a par with
adult users have the right to become participants in common property
to this room.Considering that, in accordance with Art. Art. 28 and 37 of the Civil Code of the Russian Federation
the guardian is not entitled, without the prior permission of the body of guardianship and guardianship
make certain transactions, including those entailing the rejection of property
rights to the ward, and the trustee to give consent to the commission of such transactions,
refusal to participate in privatization can be carried out by parents and
adoptive parents of minors, as well as their guardians and custodians only with
permission from the above authorities.
That is, if refusal to participate in privatization on behalf of the child is possible only with the Consent of the OOiP.
If performed. authorities are aware of the child's residence in housing, then they have the right to refuse to conclude a privatization agreement on the basis of the absence of permission from the OOiP.Also, a child upon reaching 18 years of age. of age will have the right to challenge the transaction. According to paragraph 6 of the Resolution, in the event of a dispute over the legality of the contract for the transfer of residential premises, including the ownership of one of its users, this contract, as well as a certificate of ownership upon request stakeholders may be declared invalid by the court on the grounds established by civil law for recognizing the transaction as invalid.
However, if the child does not actually live in the housing, then you have the right to challenge the decision of the JP,
Thus, now you should prepare an act on the non-residence of the child in housing and submit it additionally to the one-stop shop.
I will be able to provide the service of drawing up an act of non-residence, as well as advise on the successful resolution of the issue in the chat.
Sincerely, F. Tamara
The main normative act that regulates the action is this.
When registering property on the grounds provided for in the act, it is necessary to be guided by the norms.
Main nuances
Main concepts:
Borrowing on such grounds can only be done by families who are deemed in need of better conditions on the basis of .
The agreement is drawn up for 1 family member, the rest fit into it.
Dear readers! The article talks about typical ways to solve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:
APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.
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Minors have the opportunity to receive free housing from the state 2 times in their lives.
Rules for such an action
Children under the age of 18, if they have a permanent registration in this room, are required to participate in the program.
Any family member has the power to refuse. Then he will not lose his right.
All family members can make up, except for persons under 18 years of age.
Participation in the privatization of minor children
In Art. 2 of Law No. 1541-1 states that citizens under the age of 18 participate in the design of residential premises without fail.
Who are considered as such?
According to, a citizen acquires legal capacity only when he reaches the age of majority.
Up to this point, he has all the powers, but he can exercise them only through his representative.
In the act "On privatization", minors are divided into 2 categories:
Video: privatization of an apartment. Participation of children in privatization
Their rights
But minors are divided into 2 categories:
Upon reaching the age of 18, they "automatically" acquire legal capacity.
The complete incapacity of a citizen means that he can exercise his powers only through a representative.
Representatives are their parents or persons who have the right to do so by law.
Limited legal capacity means that a citizen makes "small" transactions.
But, registration of the ownership of residential premises occurs only with the consent of the representatives.
In the presence of parents
You must adhere to the following rules:
Under guardianship
If a child under the age of 14 decides to register housing where he is registered, then a deal can only be concluded with the permission of guardianship.
In this case, consent is written by the guardian.
If he is already over 14 years old, but not yet 18 years old, then he writes the consent himself.
If registered
According to Art. 2 of Law No. 1541 - 1, a minor participates in privatization only if he is registered in this premises.
If parents are discharged from one object, and registered in another, then he cannot register the ownership of the apartment from where he was discharged.
Necessary actions
According to, it is impossible to transfer housing to citizens that:
- Recognized as emergency.
- It is located in protected or protected areas.
- Located in a hostel.
- It is located in military and garrison closed territories.
The procedure for registration of housing in the property
Instruction:
| It is necessary to take the initiative and collect from all prescribed written | if one of the relatives wants to give up this particular apartment, he can draw up a written refusal in favor of one of the relatives. |
| Then you need to start collecting | all required documents |
| All paperwork must be submitted | to the housing department of the administration at the place of registration. They are reviewed within 2 months. |
| If a positive decision is made | then all applicants are invited to the department for conclusion |
| If the answer is no | then it must be in writing and be justified by legal grounds () |
| Grounds for refusal |
|
| When the contract will be drawn up and signed by all applicants | it must be transferred to the Rosreestr authorities. In this case, you must pay a fee (). According to, the amount of the state fee for registering rights to real estate is 2,000 rubles |
| When the transaction will be registered with Rosreestr | information about all owners will be entered in the USRR. After that, the owners can dispose of the housing at their discretion. |
Required documents
Scroll:
| Write or refuse | the appeal is written by all registered citizens who agree to the deal. Refusal is written by those who do not agree. It must be certified by a notary. Children do not have the right to refuse the transaction. If the child is not yet 14 years old, then the application for him is written by his parent or other legal representative. If he is already 14 years old, but not yet 18 years old, he writes the application himself, but the representative gives his written consent |
| Need to make copies | from passports and birth certificates of all applicants |
| A document that entitles applicants to use this housing | until 1995 they were issued to the needy on the basis of a warrant, after 1995 - under a social contract of employment |
| Technical papers | this is:
|
| in which it is indicated that there are no debts for utility bills for this apartment. Such a document can be obtained from the Housing Office or management company that provides public services |
The issue of privatization of an apartment with a minor child is extremely relevant. However, few know the nuances of this process, the laws governing it and the rules for making a transaction. Let's clarify these important points.
General information
Dear readers! The article talks about typical ways to solve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:
APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.
It's fast and IS FREE!
- This is a voluntary procedure for taking ownership of an apartment, which is free of charge and with the consent of all residents, including children.
Housing may initially belong to the municipal authorities or be owned by the state.
Carrying out this procedure is sometimes difficult, because not many people know the rules and the law. Children, together with adults, have the right to take part in privatization, including if they are discharged from their parent's apartment.
When registering the ownership of housing, children have the right not to participate, but the guardianship and guardianship authorities must agree to this, since they themselves cannot refuse. The law protects children in similar manipulations.
What does the law say?
In accordance with Article 2 “On the Privatization of the Housing Stock in the Russian Federation”, residents using residential premises have the right to acquire this premises in joint ownership or for one person, including children who have not reached the age of majority. All persons who have the right to receive housing must agree to this procedure.
Another aspect is that children who are under 18 on the day of privatization have every chance in the future (Article 11 of Law No. 1541-1 of the Russian Federation).
The child is obliged to participate in the privatization process. In the case when a child lives with his parents and is registered in an apartment, he is considered the owner of this dwelling.
To resolve the issue of whether children will participate in privatization or not, you need to look at the following law: Resolutions of the Plenum of the Supreme Court of the Russian Federation of August 24, 1993 N 8 “On some issues of application by the courts of the Law of the Russian Federation “On the privatization of housing stock in the Russian Federation”.
Also, according to Art. 69 of the Housing Code of the Russian Federation, children under the age of majority living together with the tenant at home and being members of his family have equal rights arising from a social contract of employment, therefore, they have the opportunity to participate in the transfer of ownership of housing on a par with adult owners of this residential premises.
The rules for the provision of housing for public rent are provided for by the Housing Code (Article 49).
Based on Articles 28 and 37 of the Civil Code of the Russian Federation, parents, guardians, spouses and other immediate family members are prohibited from carrying out all kinds of transactions aimed at alienating, exchanging or donating the property of a minor without the consent of the local administration.
Now we should analyze in more detail how the privatization of an apartment with minor children takes place.
Privatization of an apartment with a minor child
Privatization of an apartment with a minor child takes place at the place where he is registered.
It happens that the child is registered with the father, but lives with the mother. In this case, the following rules must be observed:
- when the marriage between the spouses is registered, but their registration is at different addresses, the child participates in the privatization of the living space where he is registered;
- when the parents are divorced, and they come to an agreement on the place of residence of their own child, then he already participates in the privatization at the place of residence.
If the guardianship authorities agree, the child may be discharged from the apartment, in which case he loses the right to property by former place residence.
Do children under 18 participate?
In the Russian Federation, a citizen who has reached the age of majority is considered to be fully capable. Before reaching this age, all transactions related to the sale, privatization are carried out with the help of guardians or parents.
According to the privatization process, minors are divided into 2 groups:
- up to 14 years - guardians perform all procedures on their own, children themselves cannot participate;
- from 14 to 18 years old - draw up an application themselves, but only with the consent of representatives and guardianship authorities.
By law, a child cannot refuse privatization himself.
Their rights
Children under the age of majority have the same rights as adults.
As long as the child is a minor under the age of 14, he does not have the opportunity to participate in the transaction.
From 14 to 18 years old, children are not fully capable, they have the opportunity to take part in the transaction, but only with the consent of the guardians.
There are cases when children have the opportunity to be fully capable when they are not yet 18 years old, in other words, to be called emancipated. In this case, they can carry out all transactions related to privatization independently. Such a capable child has the right to privatization only once.
Under guardianship
Guardians are legally equal to the parents of their own wards. They can make all transactions with the permission of the guardianship and guardianship authorities. This primarily applies to children under 14 years of age.
If you are already 14 years old, but not 18 years old, the guardian signs the consent to privatization, written by the ward himself. Further, written permission is given from the guardianship authorities.
If prescribed
Minor children take part in privatization at the place of permanent registration in accordance with the law. If the child is discharged by the parents from the living space and registered in another place, the child does not have the opportunity to issue ownership of this apartment.
The procedure is carried out with the permission of the district administration, but only when it does not infringe on his rights and does not aggravate living conditions.
Registration procedure
privatization is as follows:
- It is necessary to collect from all close relatives a written consent to the privatization of the dwelling. If one of them wants to give up a share in this living space, he can issue a written refusal in favor of one of the family members. It is made in writing and certified by a notary.
- Then you need to prepare all the documents that will be useful during privatization. All papers must be handed over to the administration of the housing department at the place of registration, and a decision must be expected within 2 months. This term established by law, in case of non-compliance by the authorities, the applicants have the right to apply to the court.
- Draw up a contract for the acquisition of housing ownership.
- After drawing up the contract, registration of the privatized housing will be required. Within 10 working days, Rosreestr employees must give a certificate of ownership to each co-owner of housing.
- After registration of the contract in the state registration service, the information is entered into a single register. After that, you can already use the apartment.
Are there benefits?
If young children participated in privatization, then by law, when they reach the age of 18, they retain the right to re-privatization.
If the child lives alone after the death of guardians or parents, or they are deprived of parental rights, then within 3 months this living space must be registered in the ownership of his representatives with the consent of the guardianship authorities.
The documents
when privatizing housing with minor children:
- approval for privatization with the signatures of all family members (children from 14 to 18 years old make the decision themselves, but parents sign);
- contract of social employment;
- copies of documents (passports and birth certificates);
- a technical passport for housing, if not on hand, must be ordered at the technical inventory bureau, this also includes a cadastral passport and other technical documents (in 2019, you can not submit a cadastral passport);
- personal account (statement of the apartment);
- notarised power of attorney;
- certificate of absence of earlier privatization of housing;
- certificate of no debt for housing;
- if a citizen who died lived in the apartment, a copy of the death certificate will be required;
- paid receipt of state duty.
Price
When conducting privatization, a state duty in the amount of 2,000 rubles (Article 333.33 of the Tax Code of the Russian Federation). According to article 333.35 of the Tax Code of the Russian Federation, low-income citizens are provided with benefits when registering for privatization.
The cost, in general, ranges from 7-10 thousand rubles, but if citizens turn to lawyers, this amount doubles. The cost depends on the region of residence.
Timing
The timing of the privatization depends on the speed of collecting documents. Usually, it takes up to 15 days for various certificates, the consideration period in the housing department is up to two months.
