Selling an apartment
A minor's apartment: what approval is needed to sell or buy
An apartment registered in a child's name, or a share of an apartment the child inherited, cannot be sold like any other apartment. Buying an apartment that will be registered in the child's name also requires prior approval. Here you will find who approves, how long it takes, and what the contract must include.
When is approval needed?
Section 20(a) of the law lists actions in which parents are not authorized to represent the minor without prior approval under section 74A. Those relevant to apartments:
- Transfer, mortgage, division or liquidation of an apartment (section 20(a)(1)).
- An action whose validity depends on registration in a register kept by law, including the land registers (section 20(a)(2)). Therefore buying an apartment that will be registered in the minor's name also requires approval.
- A legal action between the minor and the minor's parents or the parents' relatives, for example when a parent buys the child's share of an apartment (section 20(a)(5)).
The common situation is an apartment the minor inherited, in whole or in part, which the family wants to sell.
Where is the application filed, and when does it go to court?
Until August 2025 such applications were filed with the Family Court. Since then, under section 74A of the law, the application is filed with the Administrator General (the General Guardian), online on gov.il. If the minor is 16 or older, the minor's position is stated in the application. The General Guardian reviews the application and may approve it, or approve it on conditions the applicant has agreed to.
The General Guardian will not consider the application, and it will be transferred to the Family Court, when one of the following applies:
- The minor objects to the application.
- The apartment is owned solely by the minor, unless the minor has declared in writing that they consent to the application.
- There are other circumstances for which the General Guardian decides not to consider the application, with reasons.
Even when the General Guardian does not approve the application, that is not the end of the road: the General Guardian notifies the applicant, and the applicant may transfer the application to the court, together with the General Guardian's position and all the documents. The approval or the notice must be given within 60 days of filing the application or of completing all the documents. If no answer is received within 60 days, the court can be approached directly.
What is the status of a contract signed before approval?
A contract signed on behalf of a minor without prior approval does not bind the minor. In CA 353/82 Gitter v. Machnes, the Supreme Court held that a parent's undertaking in a contract to buy land for a minor, without prior approval, is no more than an offer. The rule rests on FH 17/75 Nachul v. Levy, which held that the requirement of prior approval applies to the entire transaction, from signing the contract to registration, and that the minor's best interest is examined at the time the application for approval is heard. Family courts have described such a contract as one subject to a condition precedent: it is not void from the outset, but becomes binding only when approval is given (FC 36690-03-21).
What should a buyer do when one of the sellers is a minor?
Do not sign an ordinary contract and pay. The contract includes a condition precedent: the transaction is conditional on approval, and if approval is not received by a set date, either party may cancel and the money is returned. Until approval is received, the money is held in trust. It is advisable to align the delivery date and the mortgage date with the approval timetable. Without approval the transaction is not completed, as the Haifa District Court held (CC 16791-04-18).
Buying an apartment in a minor's name, and gifts too
Buying an apartment, or a share of an apartment, that will be registered in a minor's name also requires prior approval, because its validity depends on registration in the land registers (section 20(a)(2)). A sale contract made for minors without the approval of the Family Court does not give them rights in the property (CC 30476-01-24).
The same applies to a gift. In FC 66183-07-17 it was held that transferring rights in land to a minor as a gift also requires approval, because such a gift may place a burden on the minor, for example tax, maintenance costs or debts to others. So parents or grandparents who want to register an apartment in a child's name, by purchase or by gift, apply for approval before signing.
Our office files applications for approval with the General Guardian and with the Family Court, and drafts the sale contract to fit the approval timetable.
Related articles and pages: Selling an apartment you inherited | Cautionary note and payment mechanism | Selling an apartment
Questions and answers
How long does approval for a transaction in a minor's apartment take?
The law provides that the General Guardian will respond within 60 days of filing the application or of completing the documents. When the application goes to court, the length of the proceeding depends on the court.
The minor is 17 and agrees to the sale. Is approval needed?
Yes. The minor's consent does not replace the approval, but for an apartment the minor owns solely, a written declaration of consent allows the General Guardian to decide the application without transferring it to the court.
Want to give a child an apartment as a gift. Does that also require approval?
Yes. Registering rights in land in a minor's name depends on registration in the Land Registry (Tabu), and therefore requires prior approval, even when the minor pays nothing.
What happens if they sold or bought without approval?
The contract does not bind the minor, and the transaction may not be completed. Section 21 of the law protects a third party who did not know and should not have known that approval was required, but only for an action between the minor and the minor's parents or their relatives. In an apartment transaction the buyer and the buyer's lawyer know the seller is a minor, so this protection cannot be relied on.
Not sure the deal is safe? Let's start with a conversation
In an initial conversation we will go over the property, the other party and the payment schedule, and tell you what needs to be checked before you sign.