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Minor discharged with parents before privatization risks. Privatization after the discharge of a minor

06.10.2020

The article will reveal the main points related to the privatization of an apartment with persons under the age of majority.

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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 a new address (the child's share 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).

It has a number of features that you need to know in advance, before starting the procedure.

The Basic Law of the Russian Federation of July 4, 1991 No. 1541-1 “On the Privatization of the Housing Stock in Russian Federation» Since 1994, it has been subject to amendments, according to which minors were given the opportunity to participate in privatization on an equal basis with adult members of their family. Regardless of exactly how old the child was at the time when the adults decided to take part in the privatization procedure, he has exactly the same rights to participate in it.

Age restrictions

A minor is a citizen under 18 years of age. However There is a second division into two categories: under and over 14 years old. As you know, at the age of 14, children receive their first civil passport, which gives certain rights, including signing on their own behalf when making legal transactions. Until that time, children cannot perform any legal transactions on their own behalf, and after 14 years of age it is possible, but with the obligatory consent of their parents or guardians. Regardless of how old the child was at the time of privatization, after registering the right of ownership in the USRR, he becomes the full owner.

Everyone who, at the time of filing documents for the privatization of municipal or state housing, is registered in it on a permanent basis, has the right to take part in it or to issue and notarize their refusal.

Privatization in the name of children under 14 years of age is carried out without their consent, since according to the law, the desire of the parents is sufficient, and minors over 14 years of age are required to express their desire and confirm it with the consent of their legal representatives.

Attention: ignoring the rights of a minor registered in a municipal apartment entails further recognition of privatization as invalid.

What are the subtleties of privatizing an apartment for a minor

It happens that parents go to the trick: they discharge the child for the period of privatization to relatives. The law considers this acceptable only if the child was not only discharged and registered at a new address, but also the right of ownership was registered there.

In the future, when parents want to sell an apartment where their minor children are registered, they will need to submit a document to the guardianship and guardianship authority confirming that the move will take place in an apartment with no worse conditions than the current ones. This concerns, first of all, the area of housing. Consent cannot be obtained for moving from a three-room apartment to a two-room apartment.

There are not many exceptions to this rule. For example, consent can be obtained if the move is associated with the need to allocate money for the treatment of a child, rehabilitation after surgery. The decision in such cases is taken collectively by the Board of Trustees.

Attention: children born in privatized apartment, acquire in it only registration, but not the right of ownership.

Special rights of minors

No one has the right to exclude a minor registered in a municipal apartment from the privatization procedure. If during the procedure the child is discharged to another living space, he still retains the right to real estate.

If, for any reason, a minor is deprived of both parents, the municipal apartment completely becomes his property. All registration costs in such a situation are borne by the administration of the settlement. Even the term for the implementation of the actions provided for by law is limited: no later than after 3 months, the right of ownership must be registered with the USRR.

How do minors participate in privatization?

Registration in a municipal apartment gives a minor the right to become its owner. He has no right to give up the right of ownership in someone's favor. Only adult citizens can apply to a notary's office to certify the refusal to participate in privatization in someone's favor.

How to privatize an apartment for a minor child? If adults are registered in the apartment in addition to the minor, then they have the legal right to issue refusals on their behalf from privatization in favor of the minor. Such a procedure is completely legal, after all the formalities, the apartment will become the indivisible property of only the child, and all the rest will only be registered in it.

Are there any concessions for minors?

Every citizen has the right to take part in privatization, but only once in his life. However, there is one exception. If a citizen, being a minor, participated in privatization with his parents (before reaching the age of 18), then as an adult he will be able to do it again.

If for any reason a minor lives without parents, then he has the right to take advantage of the benefits and shift the costs of privatization to the local administration. Terms are limited - only 3 months.

What documents are needed?

Since a child's ownership of real estate is no different from the rights of adults family members, the set of documents that must be submitted to the housing department of the local administration will be as follows:

Application on behalf of the child. For children under 14 years old, it is signed by legal representatives, for children over 14 years old - independently.
Social lease agreement (order).
Copy of passport or birth certificate.
Consent of the body of guardianship and guardianship.
Registration certificate and cadastral passport for the apartment.
Extract from the house book.
Certificate stating that the child has not previously participated in privatization.
An extract from the personal account confirming the absence of arrears in rent and housing and communal services.
Notarized consents of those who decided to refuse privatization.

The result of the consideration of the package of documents will be a executed and certified privatization agreement, which will be registered in the USRR. The contract is issued to the applicants and serves as the basis for registering the ownership of all applicants. After 10 days, an extract from the USRR will be issued to confirm the registered ownership.

Denationalization (privatization) as a model for the reorganization of property is a procedure for the transfer and sale (absolute or incomplete) of state (city) property into individual hands. Any citizen of the Russian Federation, regardless of age, has the opportunity to privatize real estate that is in state or municipal ownership.

The procedure itself is relatively easy, but often complicated by various nuances. One of these nuances is the accommodation of children at the facility. Privatization with a minor child has some features compared to an apartment without encumbrance.

The acquisition of the right of private property has become possible since the collapse of the USSR (1991). This year's form of law completely disregarded the rights of minors; the law did not even mention their participation in the transfer of property rights. The receipt of living space in private ownership took place taking into account the minors included in the number of tenants, but without granting them property rights.

Three years later, the legislative act was amended, obliging children to be included in the list of owners in an indisputable regime. The privatization of an apartment with a minor child living in it is necessarily controlled by the guardianship department.

In relation to the Federal Law "On privatization", a minor is a citizen who has not yet reached the age of 18 on the date of the conclusion of the transaction on the re-registration of state property.

In the law, such persons are divided into categories:

1 to 14 years: do not make decisions regarding property transactions. Signatures for them are put by the father (mother) or persons replacing them in accordance with the current UK.
from 14 to 18 years old: self-deciding, but with the permission of the parents or the guardianship department.

Drawing up an act of state registration rights are exercised by the registration department (Registration Chamber, Inventory Technical Bureau (BTI), Multifunctional Regional Center (MFC)). You can collect and arrange independently and with the help of a representative of an intermediary company.

It should be understood that the second option may be more expensive, but it saves, saves time, eliminating queues and errors that delay the process.

Participation of children in privatization

Housing in the property can be issued both for absolutely all family members, and for one person, for example, for a grandmother, grandfather, father, mother.

The right of ownership can also be acquired by a child - grandson, granddaughter, son, daughter (even if they have adolescence) in a situation where all adults make a written consent. Consent is written by both parents, even in cases where a divorce is filed.

Attention: minors retain the right to be a participant in free privatization again (second time), after reaching the age of majority.

The problem of non-participation of a minor category of persons in registration is resolved in accordance with clause 7 of the Resolution of the Supreme Court of the Russian Federation of August 24, 1993 No. 8 with the help of a court. Litigation of this kind usually does not last too long, taking place during one preliminary or one main session.

If the object to be privatized is in a state of disrepair or in a building to be demolished, the transfer of such living space to private ownership is prohibited. It also cannot be transferred to private ownership:

military and service premises;
objects to be reconstructed;
objects with the status of "cultural value";
hostel premises.

Privatization process with children

The action of the transition of an object with a person under the age of eighteen is not fundamentally different from a similar one without his presence. The tenant, under a social lease agreement, sends a petition to the municipality on whose balance sheet the object is located, after which an agreement is drawn up, including the children.

If only minors are registered in the housing, then the difference in the procedure is only in who is the applicant:

authorized persons or the department of guardianship and guardianship, if a child from category 1 is involved;
independently if the teenager is in category 2.

In other respects, the registration of the transfer of state property into the possession of citizens does not change. But this is in the event that a minor child is registered in a living space subject to privatization.

If the child is not registered or was discharged before registration

If registration is carried out without his participation, then in the future the court will protect the interests of a minor citizen. He can not participate in the process only in the situation if he is included in the number of residents at a different address or has already participated in the privatization of another dwelling.

When legalizing an object, children have the same rights as other adult participants in the process. But minors are included in the agreement on the privatization of a state-owned apartment, provided that they are included in the list of residents in it (registered).

Thus, before registering a child, it is necessary to register.

And it is impossible to write him out without providing him with other housing.

The share and norm of a minor in privatized housing

If there are several participants in the process, then general rule the apartment is divided into them in equal shares. The share of the child will be the same as that of any other accomplice in the transfer of residential premises to private hands.

There are no norms and restrictions on living space per person during the privatization of an apartment, regardless of age.

Procedure, terms and features

The algorithm for transferring state ownership to private ownership can be divided into 4 stages.

Stage 1 - Initial: Selection of basic, supporting and personal documents

Initially, you should collect the main extracts and certificates required to legitimize the right to housing, as well as auxiliary ones. Supporting papers will be needed in situations:

a teenager living under guardianship lives on the joint square;
any person from the accomplices of the privatization process lived in another country and had another citizenship;
a citizen at least once was a participant in privatization.

The required basic documentation is:

an application drawn up in the presence of the head of the housing office, from citizens who intend to legalize housing;
an order or agreement of social tenancy for real estate, the original or a duplicate can be obtained upon request through the EIRC;
registration certificate - transmits the scheme of housing, as well as the general scheme of the house where it is located, is compiled by the BTI;
cadastral passport. It contains general technical details about the object (unique cadastre number; exact location of the object; information about its owner; technical description of the premises). The assignment of the cadastral number is handled directly by the Cadastral Chamber or Rosreestr;
a certificate from the Housing Maintenance Office (ZHEK) at the former or current place of residence to provide the guardianship department. This information provides information about residents;
information certificate from the USRN database or the MFC. Its validity period depends on the place of request and ranges from 7 days to 1 month;
extract from the USRN in the form No. 3. This information is given for each individual participant in the process and transmits data on the possession of any real estate objects and the grounds on which they were received;
a certificate from a municipal institution that has access to common databases of movable and immovable property;
certificate-extract on the status of receivables or payables for utility bills. The certificate testifies to the fulfillment by the tenant of the provisions of the Civil and Operational and Housing Code and the solvency of this person. For her to receive debts, there should not be, a complete closure of utility delays will be required;
identity documents of participants in the process.
a notarized letter of waiver of the share of ownership. Refusal is necessary if there are persons who have expressed a desire not to participate.

Attention: an adult has the prerogative not to take ownership, he can sign a waiver. Children are prohibited from doing this by law.

Supporting papers for the transfer of ownership of real estate with a minor child include an order to participate in the process, obtained from the guardianship department. The execution of this resolution is an inalienable necessity and obligatory for both - the father and mother (adoptive parents or guardians), their presence is obligatory, even if they are divorced (relative to having parental rights). This resolution is issued within 2 weeks, and the action is indefinite.

The transfer to private ownership of real estate with a minor child under the care of the guardianship department with supporting documents requires:

certificate (original and photocopy) confirming the right of guardianship;
certificate giving the right to privatization. These documents are issued public administration guardianship and guardianship.

A sheet issued by the Department of Visas and Registration (OVIR) is also required if any of the residents previously lived in another country and was a citizen of another state. This sheet is a confirmation that the person currently has Russian citizenship. The sheet is indefinite.

If a citizen has already been an accomplice in privatization once, he will be required to provide the following list of documents:

certificate of absence of ownership of housing (form No. 2). The validity period of the certificate is unlimited;
certificate from the Housing Maintenance Office (ZHEK) of an extended sample. The deadline for obtaining a certificate is 7 days from the date of certification by the head of the housing office;
an extract from the USRN database in form No. 3, which carries information about the ownership of citizens by any real estate, their shares or their absence.

Stage 2: Preparation of cadastral and technical passports

Cadastral and technical passports for the object must be obtained if they are not available.

Stage 3: Obtaining an extract from the register Federal Service state registration, cadastre and cartography

An extract from the register is issued by the Department of Property Management.

Attention: when drawing up the agreement, all persons applying for the legalization of housing must be present.

Stage 4 - Final: Obtaining an act (certificate) on state registration of rights

Registration of the act on state registration of rights is carried out by the registering department (Regpalata, BTI, MFC). The sample act of state registration of rights is fixed by law.

It includes the following information:

the name of the property;
the actual location of the property;
the entire common and separate living area;
information about the ownership, for its identification in the future;
FULL NAME. process participants;
signatures;
seal confirming the legality of the act;
the amount of the share of each partner of the ownership right.

After receiving the title deed, the privatization process is completed. The term of legal ownership is regulated by the state.

The cost of registration and transfer of ownership

According to the legislation, every Russian is granted the right to free privatization of living space, which is under the control of the state (city) housing fund for social use. This right can only be used once. With the exception of minors, they can exercise this right again, already in adulthood.

But it is also not news that the legislation is constantly undergoing changes, and free privatization has its own expiration date, present time This deadline has been set for 2020.

Conclusion

The legislation considers persons under the age of majority as full-fledged citizens, giving them the opportunity to participate in privatization on an equal basis with adults. Also, children have the right to independently represent themselves in the transaction in case of loss of breadwinners or loss of parental rights.

The privatization process is free. The shares of a minor and an adult in the privatized area are divided equally. It is impossible to write out or get a refusal from a person under 18 years old!

Minors retain the right to privatize again (second time) after reaching the age of 18. Ignoring the rights of a child residing on a national square entails further recognition of the state act as invalid.

According to the provisions of par. 2 tbsp. 7 of the Law of the Russian Federation "On the privatization of the housing stock in the Russian Federation", the contract for the transfer of residential premises to ownership includes minors who have the right to use this residential premises and live together with persons to whom this residential premises is transferred into common ownership with minors, or minors living separately from these persons, but who have not lost the right to use this residential premises.

The term "minors living separately from these persons, but who have not lost the right to use this residential premises" gives rise to many conflicting interpretations.
Unfortunately, the legislator does not give a legal definition of this concept. Meanwhile, minors belonging to this category, in accordance with Art. 7 of the Privatization Law have the right to be included in the contract for the transfer of an apartment to the ownership of citizens along with other categories of citizens. Consequently, the conclusion of an agreement on the transfer of an apartment to the ownership of citizens without including such minors in it by virtue of paragraph 2 of Art. 37 of the Civil Code of the Russian Federation and the clarifications given by the Decree of the Supreme Court of the Russian Federation "On Certain Issues of Application by the Courts of the Law of the Russian Federation "On the Privatization of the Housing Stock in the Russian Federation" No. 8 dated August 24, 1993, can be considered lawful only if they are carried out by parents, guardians and trustees refusing to participate in privatization with the permission of the guardianship and guardianship authorities.

The question arises, under what conditions does this right of use exist and under what conditions does it terminate? Does this right exist if the child is not registered in this room and does not actually use it?

In controversial cases, the guardianship and guardianship authorities do not give permission to conduct a transaction, referring to two letters from the Ministry of Education of the Russian Federation of February 20, 1995 "On the protection of the housing rights of minors" and of June 9, 1999 "On additional measures to protect the housing rights of minors." However, there is nothing shedding light on this issue. Moreover, we are talking about some "letters" that are not normative legal acts.

The legislator does not establish an exhaustive list of grounds for the emergence of the right to use residential premises. General grounds for the emergence of civil rights and obligations are provided for in Art. 8 of the Civil Code of the Russian Federation. One of the stipulated grounds is the right of use arising from an agreement, for example, from a social tenancy agreement. Therefore, in such cases, a minor, living at a different address, will retain the right to use the premises. The basis for the emergence of the right to use may also be other actions of citizens (clause 8, clause 1, article 8 of the Civil Code of the Russian Federation). Thus, by virtue of the law, the right to use the residential premises belongs to the family members of the owner living in the residential premises belonging to him (Article 292 of the Civil Code of the Russian Federation), as well as members of the employer's family (including the spouse of the employer, their children and parents) living together with him (Article 53 of the Housing Code of the Russian Federation (hereinafter referred to as the RF Housing Code)), as well as citizens moved in by the tenant with the written consent of all members of their family, and this rule does not apply to cases of moving in to the parents of their minor children (Article 54 of the LC RF).

Article 60 of the Housing Code of the Russian Federation, with clarifications given by the Resolution of the Constitutional Court of the Russian Federation No. 8-P of 06/23/1995, establishes a list of cases of retaining residential premises for temporarily absent citizens, that is, retaining the right to use this premises. At the same time, the Constitutional Court invalidated the six-month period for the preservation of living space for those temporarily absent, noting that a citizen’s temporary non-residence in residential premises cannot in itself serve as a basis for depriving the right to use residential premises. In addition, the termination of the right to use a person's living quarters without his consent in accordance with Art. 61 ZhK RF is possible only in court.
Next, consider the situation when the parents of a minor live separately from each other (the so-called separation). The legislator establishes that in this case the place of residence of the children is determined by agreement of the parties, and if an agreement is not reached, by the court (clause 3, article 65 of the RF IC). At the same time, a parent who lives separately from the child does not completely lose his parental rights. By virtue of paragraph 1 of Art. 66 of the RF IC, he has the right to communicate with the child, to participate in his upbringing and education. Communication with the child of a parent living separately from him should be permanent, systematic, contribute to his full-fledged upbringing, which, therefore, does not exclude the possibility of their temporary cohabitation (for example, during the holidays, etc.).

Thus, we can conclude: when the parents live separately, a minor living with one of the parents does not lose the right to use the residential premises at the place of residence of the other parent.

The current housing legislation in Part 4 of Art. 31 of the LC RF establishes that in the event of termination family relations with the owner of the dwelling, the right to use this dwelling is not retained by the former family member of the owner of this dwelling. However, Art. 19 of the Law of the Russian Federation of December 29, 2004 "On the entry into force of the Housing Code of the Russian Federation" establishes that the provisions of Part 4 of Art. 31 of the Housing Code of the Russian Federation does not apply to former family members of the owner of the privatized residential premises, provided that at the time of privatization of this residential premises, these persons had equal rights use of this premises with the person who privatized it.

The Plenum of the Supreme Court of the Russian Federation explained that, since minors living together with the employer and being members of his family or former members families have equal rights arising from the lease agreement, they, in the event of free privatization of the occupied premises, on an equal footing with adult users, have the right to become participants in the common ownership of this premises. Considering that, in accordance with Art. Art. 28, 37 of the Civil Code of the Russian Federation, the guardian is not entitled, without prior permission from the guardianship and guardianship authority, to make certain transactions, including those entailing the waiver of the rights belonging to the ward, and the trustee is not entitled to give consent to such transactions, refusal to participate in privatization can be carried out by parents and adoptive parents minors, as well as their guardians and trustees only with the permission of the above bodies (paragraph 7 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of August 24, 1993 N 8).

Article 55 of the RF IC states: a child has the right to communicate with both parents, grandparents, brothers, sisters and other relatives. The dissolution of the marriage of the parents, its annulment or the separation of the parents does not affect the rights of the child.
Article 71 of the RF IC, paragraph 4 states: a child in respect of which the parents (one of them) are deprived of parental rights retains the right of ownership of the dwelling or the right to use the dwelling, and also retains property rights based on the fact of kinship with parents and others relatives, including the right to inheritance.

Regarding registration:
In accordance with Art. 70 of the Housing Code of the Russian Federation (previously - Article 54 of the Housing Code of the RSFSR), the tenant, with the written consent of his family members, including those temporarily absent, has the right to move his spouse, his children and parents into the living quarters he occupies under a social contract of employment, and with the consent of the landlord also other citizens as members of their family living together with him. The consent of the other members of the tenant's family and the consent of the landlord are not required to move in with the parents of their minor children (the Housing Code of the RSFSR, speaking of such a move, made a reservation about the "established procedure" for move in). Until 1995, judicial practice proceeded from the fact that the “established procedure” for moving in should be understood as compliance with the rules on propiska (at present, this institution has been replaced by registration at the place of residence) (paragraph 7 of the Decree of the Plenum of the Supreme Court of the USSR of April 3, 1987 No. No. 2). The Constitutional Court of the Russian Federation, the provision of art. 54 of the RSFSR LC on the "established procedure" as a procedure for moving into a dwelling, subject to the propiska regime, was declared unconstitutional, while indicating that the propiska, as well as the registration at the place of residence that replaced it, or the absence of such, cannot serve as a basis for restriction or a condition for the exercise of rights and freedoms of citizens, including the right to housing (Decree of the Constitutional Court of the Russian Federation of April 25, 1995 N 3-P "On the case of checking the constitutionality of the first and second parts of Article 54 of the Housing Code of the RSFSR in connection with the complaint of citizen L.N. Sitalova" ). Subsequently, the Plenum of the Supreme Court of the Russian Federation also clarified that the absence of propiska or registration, which replaced the propiska institution, in itself cannot serve as a basis for restricting human rights and freedoms, including the right to housing. When considering cases related to the recognition of the right to use residential premises, it must be taken into account that the data indicating the presence or absence of a residence permit (registration) is only one of the evidence of whether an agreement has been concluded between the tenant (owner) of the residential premises, members of his family moving a person into the living quarters they occupy and under what conditions (paragraph 13 of the Decree of October 31, 1995 N 8 "On Certain Issues of the Application by the Courts of the Constitution of the Russian Federation in the Administration of Justice"). According to the second part of Art. 3 of the Law of the Russian Federation "On the right of citizens of the Russian Federation to freedom of movement", the choice of a place of stay and residence within the Russian Federation cannot serve as a basis for restricting or a condition for the exercise of the rights and freedoms of citizens provided for by the Constitution of the Russian Federation, federal laws and legislative acts of the constituent entities of the Russian Federation " .

Thus, the fact of registration (registration) of a citizen, by virtue of the foregoing, is not a basis for the emergence of the right to use, just as the fact of deregistration in itself cannot entail the termination of the right to use the residential premises.

So, a child, even if he has never been registered in the residential premises of one of his parents, has never lived there, must still participate in the privatization of this residential premises, even if such a parent dies later and even before privatization. The grounds for such a conclusion may be the provisions of par. 2 tbsp. 7 of the Law of the Russian Federation "On the privatization of the housing stock in the Russian Federation", paragraph 7 of the Decree of the Plenum of the Supreme Court of the Russian Federation of 24.08.1993, as well as the provisions of Art. 19 of the Law of the Russian Federation "On the Enactment of the Housing Code of the Russian Federation".
The privatization agreement may be challenged if the disputed residential premises were transferred to the ownership of a minor or incapacitated citizen in the manner of privatization without prior permission from the guardianship and guardianship authority, or the minor (incapacitated) was deprived of the right to participate in the privatization of this premises (Articles 168, 172 of the Civil Code of the Russian Federation, Article 2 of the Law of the Russian Federation "On Privatization of the Housing Stock in the Russian Federation"), as well as if the disputed residential premises were privatized without the participation of a person who had an independent right to use them , however, refused to participate in its privatization under the influence of delusion (Article 178 of the Civil Code of the Russian Federation, paragraph 13 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of August 24, 1993 N 8).

Conclusion: earlier, if a minor child was once registered in an apartment, but did not live here for the last six months or more and the parents did not want to include him in the privatization agreement, it was only required to submit a certificate from the place of residence where he lives and is registered at the place of residence . Today, such evidence is scarce. A child discharged from an apartment, no matter how many years ago it was, has the right to claim housing, even if the parents are against including it in the privatization agreement. To exclude a child from the number of parties to the contract, the consent of the guardianship authorities is required. And they will consider that the loss of the opportunity to acquire the right of property, subject to the acquisition of only the right of use, is a violation of the rights of the child.

In 2006, a six-year-old child (the niece of the current tenant Svetlana) was discharged from the non-privatized apartment at the same time as his father, deregistered. This niece and her father registered in another privatized apartment. At the beginning of this year, Svetlana tried to privatize this non-privatized apartment. But she was given such a certificate on the composition of the family, which says that her niece was registered in this apartment until 2006 (she was 17 years old on the day the certificate was issued), in 2006 she was deregistered at a different address. Although a month before the issuance of this certificate, Svetlana was given the same certificate there, but her niece was not listed in it, she was not mentioned. At the privatization hotel, having seen a certificate with a registered niece, Svetlana was told that her niece should also be included in the privatization, give her a share in the apartment, after which Svetlana refused the idea of privatizing the apartment. Is the privatization department right in that it should be included in privatization, allocate a share to this niece? She turned 18 in June 2017. Now it will not be included in the certificate? It is not in the warrant, it is not in the social lease agreement (and it was not at the beginning of the year, the year Svetlana tried to privatize the apartment). If Svetlana manages to privatize the apartment now without including her niece in the privatization, will the fact that the niece was discharged before the privatization cause problems when selling the apartment?

Lawyers Answers (2)

The requirement of the privatization department is justified, if the certificate indicates that the niece is registered, then she should be included in the privatization. Another issue is the reliability of information about registered citizens indicated in the certificate. You need to deal with the authorities that issued certificates. Questions left

If at the time of the conclusion of the contract for the transfer of the disputed residential premises there were no minors who have the right to use the residential premises and live together with the persons to whom the disputed residential premises will be transferred into ownership, which is confirmed by an extract from the house book, then there are no rights in relation to this residential The minor has no room.

Accordingly, there will be no problems with the sale of residential premises.

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Privatization of an apartment with a minor child discharged before privatization

Good afternoon! Before the privatization of the apartment, the parents and the young child were discharged from the apartment and registered in the apartment, which is privately owned. Grandma privatized the apartment. Are the rights of the minor infringed in this case? Are there any risks for the buyer of this apartment?

Lawyers Answers (3)

In this case, the deregistration of a minor was carried out together with his mother, that is, legally.

At the same time, the permission of the guardianship authority is not required, since the disposal of the property of a minor does not occur, but only the place of residence changes.

Decree of the Government of the Russian Federation of July 17, 1995 N 713
(as amended on 05/25/2017)
"On approval of the Rules for the registration and deregistration of citizens of the Russian Federation 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 stay and place of residence within the Russian Federation"

28. Registration at the place of residence of minors under the age of 14 and living together with legal representatives (parents, adoptive parents, guardians) is carried out on the basis of an application of the established form for registration at the place of residence, identity documents of legal representatives (parents, adoptive parents, guardians), or documents confirming the establishment of guardianship, and birth certificates of these minors. This registration is carried out with the issuance of a certificate of registration at the place of residence.

31. The removal of a citizen from the registration at the place of residence is carried out by the registration authorities in the event of:
a) change of place of residence - on the basis of a citizen's application for registration at a new place of residence or an application for deregistration at a place of residence (in writing or in the form of an electronic document). When registering at a new place of residence, if a citizen has not been de-registered at his former place of residence, the registration authority is obliged to send a corresponding notification to the registration authority at the former place of residence of the citizen within 3 days to remove him from the registration register;

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Hello! It is not entirely clear how the parents and children were discharged from the apartment? They can be discharged only on the basis of a handwritten application or a court decision. If they themselves were discharged, it means that they have lost the right to use the living quarters under a social tenancy agreement, and their child with their parents. If they were discharged on the basis of a court decision, then this is even more significant. I need to look at the documents until I find the risks for the buyer.

The risks in this case are minimal, because before making a decision on the discharge of minor children, parents submit a request for permission to discharge such an extract to the guardianship and guardianship authorities (local education department). If the education authorities give the go-ahead, then everything is legal. In addition, when deciding on the privatization of the apartment by the grandmother, in which minor children had previously lived, the permission of the guardianship and guardianship authorities was also required.

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After what time can an apartment be privatized if a minor child was discharged from it?

How long do you have to wait after a minor child is discharged from the apartment in order not to bring it into privatization if the child is registered according to the father's registration?!

Lawyers Answers (3)

And in the apartment, a minor on the basis of what was registered, now his mother is registered there?

Clarification of the client

Yes, the mother is registered. The father is registered in another apartment, he does not participate in his parents' share. The child will be a year old in February.

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The fact that a minor is registered at the address of his father does not deprive him of the right to live in this apartment with his mother, so without him you will not be able to privatize the apartment.

Article 7 Privatization Law

The contract for the transfer of residential premises into ownership includes minors who have the right to use this residential premises and live together with persons to whom this residential premises is transferred into common ownership with minors, or minors who live separately from these persons, but who have not lost the right to use this residential premises .

Due to the fact that the minor was registered in your apartment, he acquired the right to use the residential premises, and regardless of the fact that you registered him at another address, he did not lose this right.

Sincerely, Alexander

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Privatization after the discharge of a minor

decided to privatize the apartment for further sale. I, my mother and sister are registered in the apartment. before the collection of documents for privatization, my minor child was discharged from the apartment and registered at the place of residence of his father.

at the time of the transfer of documents for privatization, in the one-stop service, we were informed that most likely they would refuse privatization, since the child’s rights to the right to privatization were infringed, but the documents were accepted anyway.

after that, I went to the guardianship authorities for a consultation. I was informed that today the guardianship authorities do not monitor either the registration of the child, or his removal from registration, and no permission from them for privatization is even more required. also, according to them, the child automatically takes part in privatization, since he was previously registered in this apartment. is it really so?

Will our apartment be privatized with a previously discharged minor?

thanks in advance for your replies

Lawyers Answers (10)

Good day, Elena!

If the child is entered into a social employment contract and a warrant, he will take part in privatization.

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Dear Elena! Hello! Please note that at the moment there is no institution of propiska. There is registration at the place of residence and registration at the place of stay.

Further, before privatization (or transfer to ownership), housing is municipal property, respectively, you and who actually lives in it from family members have the right to receive housing in the property once.

This is regulated by the Law of the Russian Federation dated 04.07.1991 No. 1541-1 “On privatization
housing stock in the Russian Federation”, the Housing Code of the Russian Federation, and the Federal Law “On Enactment of the Housing Code of the Russian Federation”.

I sincerely advise YOU to register your son, resolve the issue with other relatives who will take part in the privatization and then resolve the issue. After privatization, those who decide to participate in it will be the owners of common shared property.

In accordance with the Federal Law on privatization, persons registered in the apartment on this moment, as well as persons included in the social contract. employment or housing order. If the child is not listed in these documents and deregistered for this housing, then, accordingly, he will not participate in privatization. Sincerely!

currently registered in the apartment

There is no such provision in the Law. Don't be misled

Law of the Russian Federation "On the privatization of the housing stock in the Russian Federation" dated 04.07.1991 N 1541-1:

The contract for the transfer of residential premises into ownership includes minors who have the right to use this residential premises and live together with persons to whom this residential premises is transferred into common ownership with minors, or minors who live separately from these persons, but who have not lost the right to use this residential premises.

Your child, who was deregistered, has not lost the right to use this apartment, since Part 2 of Art. 20 of the Civil Code of the Russian Federation establishes that the place of residence minors under the age of fourteen, or citizens under guardianship, the place of residence of their legal representatives is recognized- parents, adoptive parents or guardians.

In this case, since you are registered in an apartment at the place of residence, then your child has the right to live with you in this apartment, regardless of registration in it at the place of residence. Therefore, it must be necessarily included in privatization. This can be avoided only by recognizing him as having lost the right to use this apartment in a judicial proceeding. However, the courts "do not like" to leave children without the right to use.

Hello! According to the law on privatization.

Due to the fact that the minor was registered in your apartment, he acquired the right to use the premises.

After deregistration and registration in the father's apartment, the child did not lose the right to use the living quarters at the mother's place of registration.

Thus, the minor must participate in privatization. If the privatization takes place without the participation of a minor, then later such a transaction may be declared invalid by the court at the claim of a child under the age of 18, or at the claim of a legal representative under the age of 18.

There are court decisions where the transaction for the privatization of an apartment without the participation of minors who have not lost the right to use the living quarters was declared invalid.

And there are court decisions where the privatization deal was recognized as valid, because. a minor who did not acquire the right to use a dwelling did not participate in the privatization; which has never been registered in a residential area.

Thus, I believe that a child who is deregistered from a municipal apartment should participate in privatization, and if he had not been registered in such a residential building with one of the parents, he should not, but could at the request of this parent.

If the child was discharged before the start of the collection of documents (and, accordingly, dropped out of the social contract), then he has nothing to do with privatization at all. Next, you need to decide who exactly is involved in privatization? all three? You, your mother and sister? This is possible if each of you has the right to privatize - otherwise, whoever does not have such a right, he does not participate in privatization, but reserves only a residence permit (registration) in this apartment after privatization (that is, he does not receive a share in apartment). It is also necessary to take into account that everyone who is included in the social contract of employment but does not participate in privatization must still agree to privatization. All who were registered in the apartment earlier - do not matter.

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.

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 was 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. 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, at the request of interested parties, can be recognized invalid by the court on the grounds established by civil law to invalidate the deal.

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

“However, if the child does not actually live in the housing, then you have the right to challenge the decision of the JP,”

And the child, upon reaching 18 years of age, the privatization agreement as an invalid transaction, tk. he has not lost the right to use it, even if he does not live in this apartment.

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Participation of minors in the privatization of an apartment. Child protection

I have a question. 10 years ago we received a municipal apartment, there were 5 people in the order for the apartment (parents, my brother and I and his little daughter).

Now the issue of privatization has arisen, they decided to privatize it for their father, the brother and daughter (14 years old) were discharged last year to an apartment at the military unit, the TC brother is a soldier and is waiting for an apartment from the state.

Will we be able to privatize our apartment to the father without the participation of a minor child who has been discharged?

Will the guardianship authorities have any questions, was the child on the warrant?

How can we resolve the issue of privatization in favor of the father?

Clarification of the client

Will the privatization department consider the child's discharge planned, since the discharge was made at the king of privatization (June) And will he send him to guardianship?

Clarification of the client

The contract of social employment was not concluded.

The father was offered to draw up this agreement in the fall, when he began to collect documents and the issue of privatization, but the father refused to conclude an agreement, the Labor Code refused to conclude an agreement without his brother's minor daughter.

Lawyers Answers (17)

If the child is now discharged and there were no problems with custody during his discharge, then yes, you can now privatize housing without the participation of a minor, since only persons who are registered in housing at the time of privatization have the right to privatize.

If you want to privatize only for the father, then the rest of the persons are required to refuse privatization, however, it must be borne in mind that at the same time they retain the lifelong right to live in this apartment.

Law of the Russian Federation of 07/04/1991 N 1541-1 (as amended on 10/16/2012) "On the privatization of the housing stock in the Russian Federation" Article 2
Article 2 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.
Residential premises in which exclusively minors under the age of 14 live are transferred to their ownership at the request of their parents (adoptive parents), guardians with the prior permission of the guardianship and guardianship authorities or at the initiative of these authorities. Residential premises in which exclusively minors aged 14 to 18 live are transferred to their ownership upon their application with the consent of their parents (adoptive parents), trustees and guardianship and guardianship authorities.
In the event of the death of parents, as well as in other cases of loss of parental care, if only minors remained in the residential premises, guardianship and guardianship authorities, heads of institutions for orphans and children left without parental care, guardians (trustees), foster parents or other legal representatives of minors, within three months, draw up an agreement on the transfer of residential premises to the ownership of orphans and children left without parental care. Contracts for the transfer of residential premises to the ownership of minors under the age of 14 are drawn up at the request of their legal representatives with the prior permission of the guardianship and guardianship authorities or, if necessary, at the initiative of such authorities. These contracts by minors who have reached the age of 14 are drawn up independently with the consent of their legal representatives and guardianship and guardianship authorities.
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.

Sincerely,
Vasiliev Dmitry.

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Alexandra, good afternoon!

According to Art. 11 Law of the Russian Federation of 04.07.1991 N 1541-1 “On the privatization of the housing stock in the Russian Federation”

Every citizen has the right to acquire property free of charge, in the order of privatization, housing in the state and municipal housing fund of social use once.
Minors who have become owners of the occupied residential premises in the order of its privatization retain the right to a one-time free privatization of residential premises in the state or municipal housing stock after they reach the age of majority.

In case of refusal of the right to privatize persons who have not used this right before, they retain the right to lifelong residence in the specified apartment. However, this rule applies to persons who were registered there at the time of privatization. If the minor has already been discharged, there should be no problems in connection with his initial presence in the warrant, because. the presence of a n / year will be taken into account at the time of privatization and not at the time of receiving housing under a social lease agreement

If there were no problems during the discharge of a minor, then you can not be afraid to privatize. To privatize the father, you need the refusal of the rest registered family members but with the preservation of the right to use the apartment.

Here is the minimum list of documents for privatization:

A document confirming the right to use residential premises (social tenancy agreement, warrant, archival copy of the decision to provide residential premises, other document).
- Extract from the house book. Valid for 1 month.
- A copy of the financial personal account. Valid
within 1 month. If you have utility bills
payments, then it must be paid off, and then receive a document.
- Identity documents (passport, birth certificate and their copies according to the number of persons participating in the privatization of residential premises).
- Technical passport for residential premises. If redevelopment was done in the room, then it may be difficult to obtain this document.
- Cadastral passport for residential premises. If
it turns out that information about the premises in the State Cadastre
there are no real estate, and it is not on the cadastral register, with
obtaining this document may also be difficult.
- Receipt of payment of the state duty for privatization.

According to Art. 7 of the Law of the Russian Federation On the privatization of housing stock in the Russian Federation

Since the father and daughter moved to a permanent place of residence in another apartment, there should be no problems with privatization.

Although the authorities in charge of privatization may require the consent of the guardianship and guardianship authorities.

And the latter, in turn, will most likely refuse.

In this case, the issue will have to be resolved in court.

And the apartment, as I understand it, is a service apartment?

Clarification of the client

No. If the guardianship was not against

It doesn't matter if he counts or not. It is important where the child went and how it is registered there.

In the general order, there will be no problems, as colleagues indicated.

Not sure, but definitely not owned.
Alexandra

It may be possible in theory that after privatization, the child or his father will challenge such privatization without including the child, on the grounds that the child left temporarily. For the office is not a permanent place of residence and is given only for the duration of the service.

They won't, okay. And they will dispute it. then the option described by me with the inclusion of the child in privatization is also possible.

Plus, by the way, guardianship may, on the same basis, require inclusion in privatization. So there is such a nuance.

Clarification of the client

And can the father of the child write a refusal to participate in the privatization of the child?

How can this issue be resolved?

If guardianship does not require, there is no point. In theory, this issue can be coordinated with guardianship, but it is not clear how this will be done. Formally, there is no obligation to give consent to privatization without including the child, because he was removed from the registration. Here comes the contradiction.

But if a person is waiting for an apartment from the state, I don’t think that he will apply for this child’s apartment. But what the child himself will say at 18, it can be.

With legal side I think so far. Since formal consent is not required, and the case that I described above was clarified at one time by the Supreme Court and relates to housing legal relations, and here a statement from the child or his representative is needed to challenge the privatization.

But their position should be clarified with guardianship before privatization, whether they will demand the inclusion of a child or not.

Clarification of the client

That is, the child retains the right to challenge the privatization of this apartment after 18 years? Even if he is already registered in another apartment?

In general, it is clear that nothing is clear)) it all depends on guardianship.

A minor cannot refuse to participate in privatization. If it is registered, then it is mandatory to participate. But in your case, as I understand it, it is written out.

There is no sense in all this. In your case, consult your guardianship and sell boldly.

If the child was discharged from this apartment before applying for privatization, a refusal is not required. Yes, and as colleagues noted, if such a refusal had been received, it would have been invalid. It is impossible to refuse privatization for a minor. But you do not participate in privatization due to the fact that it was issued earlier

No, he can't, because he's been discharged.

In theory it can. Taking into account the fact that this is service housing, which is given for the duration of the service. that is is not permanent . The fact of discharge is not decisive here ... In general, I share the position of my colleagues, but with this nuance that I pointed out.

Whether he succeeds or not depends on many factors.

You specify what kind of registration the child and his father have. If constant. that's still good. If temporary, then worse, since according to the LCD of the Russian Federation:

Article 83
3. In case of departure of the employer and members of his family in other place of residence the contract of social rental of residential premises is considered terminated from the date of departure, unless otherwise provided by federal law.

And the place of residence is the place where the family lives permanently, and this is indirectly confirmed by permanent registration. And if the registration is temporary, then this is the place of stay, not residence. And in this case, with the social contract. hiring this minor can not be excluded. And has the right to privatization accordingly.

So please clarify this point.

And if we speak in the strict sense, then registration is only a secondary factor here. since, according to the law on privatization, those living under a social contract have the right to privatize. employment, that is, included in this very contract. When registering a permanent or deregistration, they must be included in the contract or excluded from it, respectively. So also check the contract.

Clarification of the client

That is, if they are discharged, but they appear in the social contract, do they also participate in privatization, respectively?

And in order not to participate, you need to renegotiate the contract? Or should they be automatically excluded from there?

In order to exclude them, you need to provide a certificate from the Criminal Code or the FMS, depending on where you have a passport office, that they have withdrawn from registration and exclude them from the social contract. hiring will otherwise require either their inclusion or their refusal (consent) to privatization.

Small consolation, according to the law, he was OBLIGED to conclude an agreement and, by default, a minor would be included there. But here it is not so important for now, the main thing is how and where he left and what kind of registration at the new place of residence.

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