Since March 1, 2005, a law has been in force according to which, if a child is the owner of the apartment being sold (at least the owner of a share), an independent assessment of this property is necessary. To approve a transaction in the guardianship and trusteeship department, two report forms can be completed:
1. CONCLUSIONS about market value
2. A COMPLETE REPORT on the assessment of market value
The guardianship council accepts both options, however, in some cases, guardianship inspectors strongly recommend conducting a full assessment. This is caused, first of all, by distrust of various kinds of tables such as WINNER, which people bring as proof of the cost of an apartment being sold or purchased.
Why do guardianship authorities need to evaluate an apartment?
According to the law, minor children cannot independently make transactions that lead to a deterioration in their property situation. Upon reaching the age of 14, a citizen must obtain parental permission to do so, and until that time, parents are required to carry out such transactions themselves.
However, if we are talking about real estate, parents do not have the right to enter into a purchase and sale agreement without prior approval of such transactions from the guardianship authorities (Clause 2 of Article 20, Article 21).
Representatives of the public organization, in turn, check the legality of the future transaction to ensure that the interests of the child are respected. In particular, they are required to establish:
- whether the child’s living conditions in the new apartment are deteriorating compared to the old housing, if he is not its owner;
- whether the volume and value of the minor’s property is reduced as a result of such a transaction, if he is the owner or co-owner.
In any case, PA employees are obliged to ensure that the square meters purchased and sold are equivalent.
If a child simply lives in an apartment, it is enough to prove that after the sale and move, his living space will not be worse in terms of qualitative and quantitative characteristics.
If he is a co-owner of the property, the situation becomes more complicated. In this case, the public organization must verify the equivalence of the minor’s shares in the ownership of the apartment being sold and the one being purchased instead.
In this case, we are talking not only about the size of the acquired share, the resulting living space in m2, but also about cost indicators: as a result of the transaction, the value of the property belonging to the child cannot be reduced.
It is possible to ensure that the interests of a minor owner are respected only on the basis of an independent assessment of real estate.
To justify the equivalence of an acquisition, it is necessary to conduct an assessment in relation to both objects - both the one being sold and the one being purchased instead.
An assessment will also be required in the event of a move, when a simultaneous transaction with the sale of one apartment and the purchase of another apartment in exchange is not planned.
Typically, in such situations, the guardianship council requires the transfer of funds to the child’s personal account. Only an appraisal report can justify the amount transferred.
Of course, this assessment is not required to obtain permission from the PA for purchase and sale. However, it may become the only weighty argument in case guardianship officials doubt the equivalence of the acquisition.
Features of selling an apartment with a minor owner in various situations
If a minor child is the owner of real estate, then the purchase and sale process will require a lot of documents and compliance with the requirements of the guardianship authorities.
In addition, many problems can arise with such property, so the most convenient thing is if the apartment is owned not only by a child, but also by an adult - this will protect the housing from unpredictable consequences.
However, even if the child owns only a share of the apartment, you will need permission from the board of trustees. Please also keep in mind that when selling the share of a minor, you must transfer to him property similar to that sold. For example, it is possible to register a share in a newly purchased apartment for a child, or to provide him with another living space - these conditions are mandatory.
Before selling the property, you need to submit documents to the board of trustees and find out what kind of housing it will give permission for. Keep in mind that you will never be given permission if you are going to give your child less living space than he had.
Permission to sell such living space must be obtained from a notary and the trustee body. Both guardians or parents must be present when permission is obtained. If someone cannot be present for serious reasons, then the transaction will be submitted to court.
Good to know! If the second representative is in another country or city, written consent must be provided. In the event of the death of the second representative, submit the relevant documents, that is, a death certificate.
Under certain circumstances, it is not necessary to buy a new living space for a child:
- if the family goes abroad for permanent residence;
- if there is a move to another city, but the money for the sale of the apartment must be transferred to the child’s account;
- when buying an apartment in a new building, but while the house is being built, the child must be registered somewhere.
In other cases, children may become owners of an apartment by gift or inheritance.
How does the assessment work?
In accordance with, only appraisers have the right to conduct assessments:
- holding a qualification certificate;
- liability insured;
- members of self-regulatory associations of appraisers;
- practicing private activities or having entered into an employment contract.
To carry out the assessment, the customer enters into an agreement with the subject of the assessment activity. After that:
- The customer and the appraiser agree on the tasks/goals of the assessment, on the basis of which a technical specification is drawn up.
- The contractor develops an assessment plan, determines sources of information, and agrees on assessment methods.
- The contractor collects the necessary information, analyzes title documents, inspects the property, and evaluates the surrounding area and infrastructure.
- After summarizing the results, an assessment report is drawn up and sent to the customer.
The same report is sent to representatives of the public organization as evidence of the proportionality of the property being purchased and sold.
Read more about the procedural features of the event in the material “How to estimate the cost of an apartment.”
How to eliminate risks
Before buying a home you should find out:
- are there any children in the family from which the new living space is being purchased;
- if there are minors, check with the guardianship authority whether they are registered;
- whether children are homeowners;
- the authenticity of the permission issued by the guardianship authorities;
- check with the guardianship authorities whether the minor has a guardian, and whether the parents have been deprived of their rights to the child.
If there are no problems in the family, in order to formalize the sale of real estate, it is quite enough to have written consent from the parents, provided that the guardianship authority has no objections
If the family is dysfunctional, it is important to know the legal status of the minor, otherwise the risk of termination of the contract increases
Package of documents for assessment
The package of documents that the appraiser will need is not particularly difficult for the customer. The owner must submit standard documents, which include:
- certificate of ownership / extract from the Unified State Register of Real Estate;
- technical documentation: cadastral and technical passport;
- floor plan and explication;
- real estate purchase and sale agreement;
- customer's identity card.
The appraiser collects other information: data on the market value of similar objects, information about recent similar transactions, photographs of the property being appraised.
Details can be found in the article “What you need when appraising an apartment.”
Difficulties in valuing shares
The assessment of an apartment (or other residential real estate) is carried out taking into account:
- location of the object;
- dates of completion of construction, current condition of the house;
- infrastructure features: are there public transport stops, playgrounds, parking lots, schools, kindergartens, clinics, shops, etc. nearby;
- repair features;
- availability of basic communications;
- number of owners.
It will not be difficult for experienced appraisers to draw a conclusion about the final cost of the apartment, taking into account all these nuances. In the case of assessing a share, the situation is different:
- if the certificate of ownership clearly states that a citizen owns, for example, one room, then it can be assessed by analogy with an apartment or house;
- if part of the premises is indicated as a share, then it is not clear which part of the residential premises needs to be assessed. The situation becomes more complicated if residents argue among themselves regarding the division of common property (for example, several people dispute one room).
In the latter case, it is important to contact group appraisers who have experience working with similar objects.
Evaluation report
According to Art. 11 Federal Law No. 135, the result of assessment actions is an assessment report. It is transmitted to the customer in paper form or in the form of an electronic document and contains conclusions regarding the assessment results and the determined cost. In addition, it must contain:
- date of compilation and date on which the assessment was carried out;
- details of the contract between the customer and the contractor;
- information about the persons who assessed the property, the purpose of the assessment;
- a detailed description of the object and the standards used for assessment;
- sequence of cost calculation, methods, sources of information, limits of use of the results obtained;
- a package of documents allowing the appraiser to identify the qualitative and quantitative characteristics of the object.
The appraiser, at his discretion, has the right to include other important information in the report.
For more information about the data that can be included in the report, read the publication “Apartment Valuation”.
How can a guardian sell the ward's property?
Before selling the ward's property, it is necessary to obtain the consent of the guardianship department. Permission must be obtained for real estate, transport, shares.
The procedure for obtaining permission is established at the regional level. Therefore, to obtain an accurate list of documents, you must contact the guardianship department at the place of registration.
Important! To obtain permission, the guardian must prove that the transaction is carried out in the interests of the ward. Approximate procedure:
Approximate procedure:
- Preparation of documentation and arguments.
- Contact the guardianship department.
- Submitting an application.
- Obtaining permission or refusing consent.
The period for consideration of the application cannot exceed 15 days.
Cost of assessment
The appraiser is entitled to a remuneration for carrying out appraisal activities. Its size is determined in advance on a contractual basis and is specified in the contract between the customer and the contractor (Article 10 of Federal Law No. 135).
The law prohibits tying the amount of remuneration to the results of the assessment and the final cost (Article 16 of Federal Law No. 135) - this is a guarantee of the independence of the subject of assessment activities.
Each appraiser is free to independently set the price of his services. As a rule, the deeper the analysis and the more methods used in the assessment, the higher the cost of the work.
In addition, the price depends on:
- the authority of the appraiser;
- his professionalism;
- difficulties in assessing a specific object;
- the region in which it operates;
- property rights to the object;
- the need to travel, and so on.
The price range for an assessment for an OO is usually from 2.5 to 7 thousand rubles per object.
Read more about this in the material “The cost of appraising an apartment.”
Deadlines for receiving administrative documents
Lawyers who work in the field of family law are well aware that most transactions for the purchase and sale of apartments are delayed due to the waiting period for the decision of the guardianship council. According to the rules established by regulatory instructions, the decision period is 1 month. If there are any valid reasons, the permit may be issued a little earlier. However, you don’t have to wait less than 2 weeks.
Our legislation is full of all sorts of subtleties, which are not spared the family code. Unfortunately, after a month of waiting, the board of trustees has the right to refuse the transaction, therefore, you can waste time.
Many people act differently - they buy an apartment, enroll children and then report to the board of guardians. However, such a move is fraught with enormous risks - if the authorities consider the conditions into which the child has moved to be unsuitable, the transaction will be declared invalid in court.
Intermediaries and property transactions
Is it possible to sell an apartment with a minor child’s share through intermediaries? Yes, this is a fairly common technique. And he is welcomed by citizens.
To submit an advertisement, as well as to search for buyers, you must contact real estate companies. They are called real estate agencies.
Among the advantages of this technique, the following nuances are highlighted:
- quick search for clients;
- complete legal security;
- support of the transaction from start to finish;
- low probability of working with scammers.
This technique also has disadvantages. For example:
- commission for the transaction (usually depends on the cost of housing, on average 50,000 rubles);
- there is a possibility of working with an unscrupulous company;
- there are no guarantees for a successful and quick sale of housing (although companies usually find buyers as soon as possible).
It is this arrangement that attracts buyers more. After all, real estate companies carefully check their clients. This means that the property being sold is actually ready for sale at the time of the start of cooperation with the agency.
