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Publication date: 23.05.2024
lawyer, 23 years of experience in enforcement.
Registration of the sale of housing, part of which belongs to a minor.
A minor child, unlike a minor, has a much wider range of rights during real estate transactions. Yes, she can already manage her property in a limited, free and independent manner.
According to Part 3 of Art. 177 of the Family Code of Ukraine, the parents of a minor child have the right to give consent for her to commit acts that are subject to notarization and (or) state registration only with the prior permission of the guardianship authority.
In accordance with the provisions of Part 4 of Art. 177 of the Family Code of Ukraine, Article 17-18 of the Law of Ukraine "On the Protection of Childhood", permission to carry out transactions regarding the immovable property of a child is granted by the body of guardianship and guardianship after an inspection, which is carried out within one month, and only in the case of guaranteeing the preservation of the child's right to housing.
According to Art. 11 of the Law of Ukraine "On Ensuring Organizational and Legal Conditions for the Social Protection of Orphans and Children Deprived of Parental Care" guardianship and guardianship bodies are district, district in the cities of Kyiv and Sevastopol, local state administrations, executive bodies of city or district in cities, villages, townships rad
Based on the results of the inspection, the guardianship authority makes a decision on granting permission or refuses, if it is established that the transaction contradicts the rights and interests of the child, narrows the scope of the existing property rights of the child and/or violates the legally protected interests of the child, reduces or limits the rights and interests of the child regarding residential premises, violates the guarantees of preserving the child's right to housing.
According to Clause 66 of the Resolution of the CMU "Issues of Activities of Guardianship and Guardianship Bodies Related to the Protection of Children's Rights" dated September 24, 2008 No. 866, the Children's Affairs Service at the location of the property provides consultations to citizens on the preparation of the necessary documents regarding the alienation of property child
To alienate a child's property, parents, guardians or custodians submit the following documents to the specified service:
1) a statement from each of the parents (guardians, custodians);
2) a copy of a passport of a citizen of Ukraine, a temporary certificate of a citizen of Ukraine, a passport document of a foreigner;
3) a copy of the registration number of the taxpayer's account card (if available);
4) a document confirming the child's ownership (use) of alienated property;
5) an extract from the State Register of Property Rights to immovable property and their encumbrances, issued in accordance with legislation;
6) a copy of the child's birth certificate;
7) a certificate from the place of residence, about the composition of the family and registration or an extract from the household book;
8) a copy of the decision to establish guardianship over the child (for guardians, custodians);
9) a copy of the decision to establish guardianship over the child's property (for guardians, custodians);
10) a copy of the marriage certificate between the child's parents (if available).
If the family moves to a permanent place of residence abroad, a certificate (department) for citizenship, immigration and registration of natural persons at the place of family registration is attached to the specified documents.
If during the inspection it is found that this transaction is contrary to the rights and interests of the child, the guardianship authority will refuse to grant permission.
It is worth noting that the fact of the absence of the mandatory prior permission of the body of guardianship and guardianship to conclude the deed is not an absolute ground for declaring it invalid. Only the fact of violation of the rights and interests of the minor is important.
When alienating the property of a minor, parents (legal representatives) must provide such a person with other housing, which must meet certain requirements.
First, the size of the ownership share must be equal.
Secondly, the housing must be suitable for operation.
Thirdly, the accommodation must have adequate living conditions.
Only if these requirements are met at the same time, the guardianship authority gives consent to the sale of real estate.
Thus, parents are obliged to buy a home (or a share) of equal value for the child.
A notary public has the right to certify deeds regarding the alienation of real estate belonging to minors only with the consent of the guardianship authority.
If this condition is not met, then such a transaction may be declared invalid by the court in accordance with Part 6 of Article 203, Part 1 of Art. 215 of the Civil Code.
Provided by Art. 177 of the Criminal Code of Ukraine, Art. 17 of the Law of Ukraine "On Childhood Protection" and Art. 12 of the Law of Ukraine "On the Basics of Social Protection of Homeless Persons and Homeless Children", the provision on the need to obtain prior permission from the body of guardianship and guardianship for parents to enter into an agreement regarding property, to which the child has the right, aimed at protecting the property rights of children, is therefore a basis for invalidating the agreement in relation to the property to which the child has the right, at the request of his parents, the violation of the property rights of the child as a result of the conclusion of such an agreement, and not in itself the fact of the lack of prior permission of the body of guardianship and care for the conclusion of such an agreement (see the legal opinion expressed in the decisions of the Supreme of the Court of Ukraine dated January 20, 2016 in case No. 6-2940ц15 and dated February 10, 2016 No. 6-3005цс15, as well as the decision of the Supreme Court in the decision dated July 29, 2020 in case No. 202/3914/17).
Notarization of contracts related to real estate and concluded with the participation of a child is mandatory.
So, as can be seen from the above, in order to resolve the issue regarding the sale of immovable property, to which minors have the right, it is advisable to obtain the services of a lawyer or the sound advice of a lawyer.
Legal service "Consultant" provides all types of legal services, including online legal services. Specialists of our service will make a legal analysis of the situation and help to conduct a court process, restore the violated right and preserve property.
