Privatization - a procedure for transferring a property to private ownership, involving the registration of property rights. Privatization of an apartment with minor children is a complex process that has a number of features and nuances. Often difficulties arise due to ignorance of the legislative norms relating to this process, because the procedure requires strict compliance with them.
The legislative framework
The term "privatization" means the transfer to citizens of the ownership of the dwelling in which they live. At the same time, housing may initially be in both municipal and state ownership.
In accordance with the law "On Privatization ..." adopted in 1991, all participants in the process undertake to independently pay all necessary expenses associated with it. However, due to the fact that this act did not contain any information on the rights of minors, in 1994 it was decided to make some amendments to the Federal Law that would provide children with the automatic opportunity to participate in privatization.
Age categories
It is customary to divide all minors into two main subgroups: the first from 0 to 14 years old, the second from 14 to 18, respectively. The difference between these categories is only that the former cannot make decisions independently, that is, this right is granted by their parents or to the guardians. The second is only limited in rights, because their own decision must certainly be agreed with legal representatives. After the privatization of housing, a minor becomes an owner regardless of age.
The nuances of obtaining ownership of the living space
Absolutely all tenants of the apartment, including minor children, take part in the privatization procedure. Privatization of an apartment with minor children under 18 years of age can only be carried out in accordance with applicable law. At the same time, the opinion of children of the second age category is considered - from 14 to 18 years. If there is a violation of the rights of one of the minor participants, the privatization agreement is not concluded or is simply recognized as invalid.
Pitfalls of privatization involving minors
In order for the privatization of an apartment with minor children to be successful, parents can go for the following trick: write their child to relatives. However, the child must have ownership rights to other housing, where he can subsequently receive them.
If privatized housing with minors is sold, the guardianship authorities will need to provide evidence that the living conditions for children in the new apartment will be better. Among other things, the area of the new apartment in priority should be greater than or at least equal to the previous one. Otherwise, the transaction will not take place. However, as elsewhere, there are exceptions, and they conclude that such a transaction can take place, but only under certain conditions. For example, if you urgently need money to treat a child or rehabilitation after complex operations. If, however, disagreements arise between the bodies of the board of trustees in such situations, the issue is resolved collectively. When a newborn baby is born, and the apartment has already been privatized, he does not become a partial owner of the living space, but only receives a residence permit.
Rights of minor citizens
Neither parents nor guardians have the right to exclude children from the privatization process. Privatization of an apartment, if a minor is registered, suggests that after it is held, the child becomes the owner of the property. Even if he is registered at a different address, he retains the right to register housing as a property.
If a child for some reason loses its parents, then the living space completely becomes its property. Moreover, all expenses for the preparation of the necessary documentation in this case are borne by local authorities. A certificate confirming the transfer of ownership must be issued within 3 months.
The participation of minors in the privatization of the apartment
The minor child registered in the apartment is a direct participant in the privatization procedure. Accordingly, he cannot renounce ownership of a part of the apartment. While adults are given the choice, that is, if necessary, they can refuse to receive part of the housing. In connection with the amendments to the law "On Privatization ...", all transactions carried out without the participation of minors are invalid. It is also worth noting that at present there is an opportunity to privatize housing entirely for a child. But this is possible provided that other participants in the privatization abandon their legal shares in favor of the minor. And they will do it officially, notarizing their decision.
Possible benefits for children during privatization
In accordance with the legislation of the Russian Federation, one can participate in the privatization process only once. However, if the procedure was carried out during the period when the person was still a minor, the law allows re-participation upon reaching the age of 18 as a person who is able to independently make a choice. There are also preferential programs for children who, for whatever reason, live without parents. In this case, all material costs associated with the procedure are compensated by the local administration. If minors are left without parental care, privatization is carried out within 3 months. Privatization of an apartment with minor children under 14 years of age is carried out with the consent of the guardians, who take all the necessary decisions and sign papers for them. And representatives of the second category - from 14 to 18 years old - take part in privatization on their own, but with the permission of the guardianship authorities.
Privatization of an apartment with minor children: documents
To start the privatization process, it is required to collect a standard package of documents, which includes:
- statements from all participants,
- social contract of employment ,
- photocopies of passports,
- photocopies of birth certificates will be required (for children under 14 years old),
- official consent of guardianship authorities,
- technical and cadastral passports,
- certificate or extract from the house book ,
- documents confirming that participation in privatization processes has not been carried out before,
- documentation confirming the complete absence of debts on utility bills,
- notarized consent from persons wishing to refuse to participate in privatization,
- power of attorney when representing the interests of representatives of minors, certified by a notary.
If the minor is under 14 years old, the statement is signed by his legal representatives. If the privatization of an apartment with minor children after 14 years is carried out, the child fills out the application form independently.
Immediately after collecting all the certificates and papers, you must immediately contact the housing department of local authorities and get a privatization agreement. The contract is considered and registered in the Federal Registration Service. After consideration, the owner is issued an appropriate certificate.
Subtleties of the privatization process involving minors
During the privatization process, participants will have to take into account some subtleties:
- Absolutely all sales transactions of privatized housing are allowed only with the permission of the guardianship authorities.
- To facilitate the privatization process, the discharge of a minor is allowed. However, this is done provided that he has the right to own another apartment or lives in a place where he can subsequently obtain this right.
- In the case of the sale of privatized housing, it will certainly be necessary to prove to the trustees that the sale is in the interests of a minor. That is, in order to improve living conditions or receive funds for the treatment of a child.
- The privatization of an apartment with minor children, which took place before 1994, can be appealed by persons who at that time were minors and who were illegally removed from the list of participants.
- In the case of the birth of a child after the privatization of housing, he does not transfer any ownership to him, but only a registration is made.
Privatization cost
Privatization of an apartment for a minor is carried out at the expense of the municipal budget if this person is the sole owner of the housing. In the case of shared participation, the cost will be absolutely identical to that charged by adults.
Arbitrage practice
At first glance, it might seem that from a legislative point of view, such a question as the privatization of an apartment with minor children is settled. Judicial practice proves the opposite. A huge number of lawsuits are filed annually from citizens dissatisfied with the procedure. Most claims relate to invalidation of the privatization procedure. The limitation period for these transactions is 10 years. However, the requirements regarding the protection of the violated rights of minors can be satisfied regardless of this period. Quite often there are cases when an adult disputes the privatization procedure that was carried out before his 18th birthday, but claims are often denied.
Thus, the privatization of an apartment with minor children is a complex process that has many nuances and subtleties. Parents or guardians must strictly abide by applicable laws. A minor child, along with adults, is entitled to receive a share of the property.