Ukraine has simplified the registration of property for children: what has changed for families
The war forced thousands of Ukrainian families to look differently at the issues of housing, inheritance, children’s safety and property preservation. Therefore, for many parents, registering an apartment, house or other property for a child has become a way to provide stability for the child in a situation of constant uncertainty. This is especially true for children of military personnel, fallen defenders, displaced persons and families who lost part of their property due to the war or were forced to start life anew in another city. New rules for transferring property to children have come into effect in Ukraine.
What has changed in registering property for children
On May 25, the Law of Ukraine No. 4824-IX “On Amendments to Certain Legislative Acts of Ukraine on Improving the Procedure for Performing Transactions in the Interests of Minors and Minors” came into force. It simplified the procedure for registering real estate, transport and other valuable property for minors, removing some of the mandatory approvals that previously delayed the process and created additional difficulties for families.
The main change is that the permission of the guardianship and trusteeship authority is no longer required for the free transfer of property to a child. The new rules apply to apartments, houses, land plots, cars, objects of unfinished construction and future real estate.
If parents or relatives want to give an apartment or other property to a child, it is now possible to register the ownership right faster, without additional appeal to the guardianship authorities. For many families, this means less bureaucracy, less waiting and a simpler mechanism for legal registration of property.
At the same time, the consent of the parents or legal representatives of the child remains mandatory. The law does not abolish control over compliance with the rights of the child, but changes the procedure specifically in cases where the child receives property into ownership, rather than losing it.
How the child’s age affects registration
For children under 14, the rule of partial civil capacity applies. This means that all contracts regarding real estate or transport are concluded by the parents or legal representatives of the child. If the document is drawn up by one of the parents, the notarized consent of the other is required.
For adolescents from 14 to 18 years old, wider opportunities are provided. A minor can personally sign the contract, but with the consent of parents or legal representatives. If the transaction requires notarization or state registration, the consent must also be notarized.
Such rules take into account the different level of civil responsibility of the child depending on age and leave adults in control in matters related to valuable property.
When the consent of one parent is not required
The law separately defines situations when registration is possible without the consent of the other parent. This is especially important for families affected by war, loss of contact, or the long-term absence of one parent.
Consent is not required if the place of residence of the other parent is unknown, the person is in captivity, is a hostage, is interned in a neutral state, has disappeared under special circumstances, or has not participated in the upbringing and maintenance of the child for more than six months.
For children of war, these provisions are of particular importance, because many Ukrainian families faced precisely such circumstances after the start of the full-scale invasion.
In which cases is the permission of the guardianship authority still mandatory
The new rules apply only to situations when a child acquires property. If we are talking about the sale, donation, exchange, pledge or other alienation of property that already belongs to the child, the permission of the guardianship and trusteeship authority remains mandatory.
This rule applies to real estate, transport, unfinished construction objects and other valuable property owned by a minor. This control is maintained so that the child’s property cannot be alienated without checking whether it is in their best interests.
For many Ukrainian families, the issue of property registration has become much more sensitive after the war began. Families are trying to legally secure housing for the child, to secure property in the event of loss of documents, service of one of the parents or change of residence.
Simplifying the procedure does not change the child’s rights to property, but it allows for faster registration of documents in situations where delaying the process created additional stress for the family. For children of military personnel, displaced persons and families who have experienced the loss of their home or prolonged evacuation, this issue has long gone beyond the boundaries of ordinary bureaucracy.
