Privatization - the procedure for transferring an objectReal estate in private hands, involving the registration of ownership. Privatization of an apartment with underage children is a complex process, with a number of peculiarities and nuances. Often, difficulties arise because of ignorance of the legislative norms relating to this process, because the procedure requires a clear compliance with them.
The legislative framework
The term "privatization" implies the transfercitizens in the ownership of the living quarters in which they live. At the same time, initially housing can be in municipal as well as state property.
In accordance with the law "On Privatization ..."adopted in 1991, all participants in the process undertake to independently pay all the necessary costs associated with it. However, due to the fact that this act did not contain any information about the rights of minors, in 1994 it was decided to introduce in the Federal Law some amendments that would provide children with an automatic opportunity to participate in privatization.
All juveniles are divided into twothe main subgroups: the first - from 0 to 14 years, the second - respectively from 14 to 18. The difference between these categories is only that the former can not make their own decisions, that is, this right is granted to their parents or guardians. The latter are only limited in rights, because their own decision must necessarily be agreed with legal representatives. After privatization of housing, a minor, regardless of the age category, becomes the owner.
Nuances of obtaining title to the residential area
The privatization process involvesabsolutely all tenants of the apartment, including minor children. Privatization of an apartment with minors under 18 years of age can be carried out only in accordance with the current legislation. This takes into account the opinion of children of the second age category - from 14 to 18 years. If there is a violation of the rights of one of the underage participants, the privatization contract is not concluded or is simply recognized as invalid.
Pitfalls of privatization involving minors
In order to privatize an apartment withminor children was successful, parents can go on the next trick: to write your child to relatives. However, the child must have ownership of another living space, where he can subsequently receive them.
In the case of implementationprivatized housing with minors, guardianship agencies will need to provide evidence that in a new apartment, living conditions for children will be better. Among other things, the area of a new apartment in priority should be greater or at least equal to the previous one. Otherwise, the transaction will not take place. However, as elsewhere, there are exceptions, and they are that such a deal can take place, but only under certain conditions. For example, if money is urgently needed for a child's treatment or rehabilitation after complicated operations. If the bodies of the Board of Trustees in such situations have differences, then the issue is resolved collectively. When a newborn baby is born, and the apartment has already been privatized, he does not become a part owner of the living space, but only gets a residence permit.
Rights of Minors
Neither parents nor guardians have the right to excludechildren from the privatization process. Privatization of an apartment, if a minor is registered, assumes that after it the child becomes the owner of the real estate object. Even if it is registered at a different address, the right to legalize the ownership of the property remains.
If the child is for some reason deprivedparents, the living space is completely transferred to his property. And all expenses for registration of the necessary documentation in this case are assigned to the bodies of local self-government. A certificate confirming the transfer of ownership rights must be issued within 3 months.
The participation of minors in the privatization of an apartment
A minor child registered inapartment, is a direct participant in the privatization procedure. Accordingly, he can not waive the ownership of part of the apartment. While adults are given a choice, that is, if necessary, they can refuse to receive part of the housing. In connection with the amended amendments to the Law "On Privatization ...", all transactions carried out without participation of minors are recognized as invalid. It is also worth noting that at present there is an opportunity to privatize housing completely for the child. But perhaps this is provided that other participants in privatization will give up 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 in the processIt is possible to participate in privatization only once. However, if the procedure was carried out at a time when the person was still a minor, the law allows for re-participation at the age of 18 as a person who is able to independently choose. Also, there are preferential programs for children who for some reason live without their 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 minors under the age of 14 is carried out with the consent of the guardians, who take all necessary decisions and sign papers for them. And representatives of the second category - from 14 to 18 years - take part in privatization independently, but with the permission of the guardianship authorities.
Privatization of an apartment with minors: documents
To start the privatization process, it is required to collect a standard package of documents, which includes:
- statements from all participants,
- contract of social hiring,
- photocopies of passports,
- Photocopies of birth certificates (for children under 14 years of age) will be required;
- official consent of the guardianship authorities,
- technical and cadastral passports,
- reference or extract from the house book,
- documents confirming that participation in privatization processes had not previously been carried out,
- documentation confirming the complete absence of debts for utility payments,
- notarially certified consent from persons wishing to refuse to participate in privatization,
- power of attorney when representing the interests of representatives of minors, attested by a notary.
If a minor is under 14 years of age,a statement is signed by its legal representatives. If the apartment is privatized with minors after 14 years of age, the child fills in the application form himself.
Immediately after collecting all the references and papersit is necessary to immediately apply to the housing department of local government and get a privatization contract in their hands. The contract is reviewed and registered with Rosreestr. After consideration, the owner is given a certificate.
The subtleties of the privatization process involving minors
In the process of privatization, participants will have to take into account some of the subtleties:
- Absolutely all transactions of sale and purchase of privatized housing are allowed only with the permission of the guardianship authorities.
- To facilitate the privatization process, it is allowedextract of a minor. However, this is done under the condition that he has the right of ownership to another apartment or he lives in a place where subsequently this right he can get.
- In the case of the sale of privatized housingit will certainly be necessary to prove to the guardianship agencies that the sale is carried out in the interests of the minor. That is, in order to improve living conditions or receive funds for the treatment of a child.
- Privatization of an apartment with minorschildren that took place before 1994, can be appealed by persons who at that time were minors and who were struck from the list of participants illegally.
- In the case of the birth of a child after the privatization of housing, no share passes to his ownership, but only a residence permit is issued.
Cost of registration of privatization
Privatization of an apartment for a minoris carried out at the expense of the municipal budget, if this person is the sole owner of the housing. In the case of equity participation, the cost will be absolutely identical to that of the adults.
At first glance it may seem that withLegislative point of view is the settlement of such a question as the privatization of an apartment with underage children. Judicial practice proves the contrary. Annually, a huge number of claims are filed from people who are not satisfied with the procedure. Most of the claims relate to the recognition of the invalidity of the privatization procedure. The statute of limitations period for these transactions is 10 years. However, the requirements for protecting the violated rights of minors can be met regardless of this period. Quite often there are cases when an adult person challenges the privatization procedure, which was held before his 18th birthday, but in satisfaction of the claims are often denied.
Thus, the privatization of an apartment withunderage children is a complex process that has many nuances and subtleties. Parents or guardians must strictly comply with the current legislation. A minor child along with adults has the right to receive a share from the property.