Buying a property for a minor child

Does Polish law allow a scenario in which a property is bought for a minor child? The issue is quite intricate, but we will look at its various aspects to clear up any doubts.

Can a child own a flat?

First of all, it should be stressed that a minor is a person who has not reached the age of 18. Such a person therefore does not have full legal capacity. Lawyers do, however, distinguish between persons with no legal capacity (under the age of 13) and those with limited legal capacity (minors aged 13-18 have only partial legal capacity). What significance does this have for the matter at hand? Well, a person under the age of 13 cannot buy a flat on their own. A representative (a parent or legal guardian) must take part in such a transaction. This is because a minor cannot make a declaration of intent. The decision on their behalf is made by a person with the appropriate authorisation (e.g. a copy of the birth certificate naming the minor's parents).

Buying a property and the law

Under Polish law, a person aged 13-18 may enter into contracts concerning minor matters of everyday life. Buying a property, however, goes beyond that definition. This means that in this situation the involvement of a statutory representative, that is a parent or legal guardian, is necessary. This transaction is, however, governed by the relevant rules of the Family and Guardianship Code (Kodeks rodzinny i opiekuńczy). Legal experts cite specific legal provisions from the Family and Guardianship Code. Article 101 § 3 states:

Parents may not, without the permission of the guardianship court, perform acts exceeding the scope of ordinary management or consent to such acts being performed by the child.

Experts point out that buying a flat is an act exceeding the scope of ordinary management and requires the court's consent. It should also be stressed that if the purchase is made with the parents' money, the family court does not have to intervene in the transaction. The decision of this body is a necessary requirement when the child's assets are used for this purpose.

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Buying a flat for a minor child and gifting it

As mentioned above, court consent is not necessary when the buyers of the flat are the child's parents, who later transfer the property to the child as a gift. It should be noted, however, that as a result of the gift the child becomes the owner of the property. This happens once the relevant agreement is drawn up. For it to have legal force, it is necessary to obtain the consent of the guardianship court. This is necessary because the minor will bear a number of obligations arising from owning a flat (including the obligation to pay the service charge (czynsz)). Advisers stress that taking these steps without the involvement of the court is unwise. They are of the opinion that all the acts performed in the matter described should, for the good of the child, take place with the court's involvement.

Buying a property for a minor child is possible, but it requires appropriate formal and legal steps. These are necessary to avoid potential problems. In case of doubt, the specialists at the REMAX Gold estate agency can help.