You can sell an apartment even with “registered” residents: how deregistration works

The presence of registered persons in an apartment does not always become an obstacle to its sale. If the housing is fully owned by one owner, he can initiate the removal of adult residents from registration without their personal presence or consent. At the same time, different rules apply to children and co-owners.

The widespread belief that the consent or personal presence of a person in the Central Registration Center is required for the “extraction” of a person does not always correspond to the current procedure.

If the apartment is fully owned by one person, and the relatives registered in it do not have a share in the ownership, the owner can submit an application to remove them from the declared or registered place of residence.

How the owner can remove a person from registration

As noted in the material, the corresponding possibility is provided for by Article 18 of the Law of Ukraine No. 1871-IX “On the Provision of Public (Electronic Public) Services Regarding the Declaration and Registration of Place of Residence in Ukraine”.

The owner of a private home can personally apply to the Central Registration Center with an application for the deregistration of an adult person registered in his real estate.

What to do if the owner is abroad

It is not necessary to return to Ukraine just to visit the Central Registration Center. The procedure can be carried out through an authorized representative.

For this, the material mentions two main options for issuing a power of attorney:

through a Ukrainian consulate – the document is drawn up in Ukrainian and has legal force in Ukraine;
at a local notary abroad – in this case, the document will require an apostille and subsequent notarized translation in Ukraine.

The power of attorney must clearly stipulate the representative’s right to submit applications to the registration authorities and the Central Registration Center regarding the deregistration of persons.

Is it possible to sell an apartment if someone is registered in it

Yes. The presence of registered residents in itself does not make it impossible to sell housing.

After the conclusion of the purchase and sale agreement, the new owner may take up the issue of removing the previous residents from the registration. To do this, according to the source, it is necessary to contact the Central Registration Service with a passport and an extract from the ownership right.

Who cannot simply be “written off” at the owner’s request

At the same time, the simplified procedure has important exceptions.

It does not apply to minor children, as well as to people who own at least a share in the ownership of the relevant apartment or house.

In such situations, deregistration occurs according to a special procedure or through the court.

Therefore, before selling housing, it is worth separately checking not only the number of registered persons, but also their age and the presence of property rights to the real estate.