Is it possible to issue a deed of gift? How to draw up a deed of gift for an apartment - detailed instructions. How to draw up an apartment donation agreement: sample agreement

At the same time, there should be no conditions on the part of the former owner for the new owner to dispose of this gift.

There are gift agreements real And consensual, while the first type implies direct transfer of a gift upon conclusion of a transaction. A consensual or contract of promise postpones the process of transferring ownership of a thing until some point determined by the donor. The person alienating the property usually sets a condition for the donee, and after this condition is fulfilled, all ownership rights to the gift will pass to the donee. Requirement Not must bring personal property benefits to the alienating person.

It should be noted that a promise may simply be associated with some date that is not related to the parties, and may be associated with the personality of the citizen receiving the gift (wedding, anniversary, higher education).

When is gift registration required?

A deal can be concluded orally when the law does not require written confirmation.

Written agreements are required:

If the donor is a legal entity and the gift amount is more than 3,000 rubles.
The agreement contains Promise in future.
For alienation real estate.

At the same time, the state registration Only the transfer of ownership of real estate is subject to. The contract itself does not need to be registered.

Registration of ownership rights to real estate is the entry records into a single State Register on rights to real estate (USRE). This procedure will be evidence of the existence of the right that has been registered.

In order to re-register ownership of real estate, you need to submit a corresponding application to the registration authority ( Rosreestr).

It is necessary to collect a list of necessary documents, making sure that they comply with the requirements of the Federal Law of July 21, 1997 N 122-FZ “On State Registration of Rights to Real Estate and Transactions with It” and, together with the application, submit them for registration.

Information

You must have identification documents with you. If a representative acts on behalf of a person, then the power of attorney must be notarized. If the party is an organization, then it is necessary to provide a charter and other documents confirming the status of a legal entity. The representative must have a power of attorney to complete the transaction and register the transfer of rights.

Is registration of a real estate gift agreement required?

Previously, the registration of the gifting process took place in two stages:

Registration agreement donations.
Registration transition ownership.

WITH 1 March 2013 year, according to Part 8 of Art. 2 of the Federal Law of December 30, 2012 N 302-FZ canceled registration the following types contracts:

contract of sale residential premises. Their list includes residential buildings, rooms, apartments, etc.;
contract of sale enterprises(Article 560 of the Civil Code of the Russian Federation), that is, an independent, organizationally separate economic entity with the rights of a legal entity that produces and sells goods, provides services and performs work;
gift agreement real estate ;
alienation agreement real estate on payment annuities(Article 584 of the Civil Code of the Russian Federation). Rent is periodic payments that one person, the rent payer, is obliged to pay to another person, the rent recipient, in order to obtain ownership rights to the property.

Taking into account these changes, registration is subject to only transfer of ownership, and the contract itself Not need to be registered. It comes into force from the moment of signing.

Additionally

Ownership rights to the object of donation arise immediately after state registration transfer of rights in Rosreestr. Now there is no need to register the contract itself or pay state fees for these actions, which is very convenient not only from a financial point of view, but also from a time-saving point of view.

State registration of property rights under a gift agreement

The procedure for recording the transfer of rights to real estate is as follows:

registration authority ( Rosreestr) accepts Required documents and registers them;
the legality of the transaction is checked and legal expertise documents;
checks for the presence or absence of contradictions between existing rights to the object and declared;
an entry is made in the Unified State Register of Real Estate Rights;
a certificate of registration of rights is issued or entries are made in the title documents.

Since passing the last stage, new owner becomes the copyright holder for the gift in in full and his rights can be challenged only in a court.

Application for registration of a gift agreement

Real estate transactions, as well as ownership rights to real estate, are registered in Rosreestr. If the rights to the property arose before 1998, then whether to register it or not is the choice of the owner. Since until this year there was no statutory procedure for registration with the relevant authority. But certain title documents must still be available.

To complete the transaction registration procedure, you must submit statement with a package of documents attached to it. If a representative acts on behalf of one of the parties, then his powers must be confirmed notarized certified power of attorney.

Applications for registration are mandatory form And content. Forms are available at the registration authority and on the Rosreestr website. The document is filled out by the applicant himself or, at his request, by the registrar. The application is signed by the person submitting it in the presence of the registrar. If an application with a package of documents is sent by mail, then the signature on the application and the transaction for donating real estate must be certified notary. The package of documents is sent by mail with an inventory, registered mail with notification and declared value.

The application is submitted to the only one copy, the person alienating the property.

Documents for registration of donation

In order to register a transaction for the transfer of rights to a gift, you must submit the following scroll documents:

statement on state registration of a gift transaction, in a single copy;
receipt about payment state duty behind registration actions.
identity documents for individuals (including representatives), that is passport;
constituent documents with all changes and additions (copies and original) for legal persons as parties to the agreement, a certificate of registration of the organization, a document on registration with the tax authority;
originals and copies of documents, confirming powers of a representative of an individual and/or legal entity. Moreover, the power of attorney must contain an indication of the completion and registration of the gift transaction;
legal documents confirming the donor's ownership of the object of the agreement;
agreement donations in the number of copies, one for each party and an additional one for the registrar;
script plan residential premises, certified by the body carrying out accounting and technical inventory of real estate in the territory of the registration district. Notarized copies must be attached to the original;
certificates about persons who have the right to use residential real estate, indicating the existence of such a right. Documents must be certified by the responsible person official for registration of citizens at their place of stay and place of residence.
cadastral plan land plot;

If the property is joint or the family member/registered person is a minor, you must additionally provide

notarized agreement spouse for alienation;
permission guardianship and trusteeship authorities.

State duty for registering a gift in Rosreestr

From January 1, 2015, the size of the state duties for Rosreestr services have changed, for most registration actions the payment has increased by one and a half, two times. The reason is changes in the Tax Code.

Article 333.33 of the Tax Code of the Russian Federation determines the amount of the fee for registering rights to real estate. Under contracts for the alienation of real estate, the state duty for individuals is 2000 rubles, for legal entities - 22 000 rubles

The parties themselves determine who is responsible for paying the state duty. To pay it, you need to provide the details to the registration authority, make the payment at the bank and provide a receipt with a photocopy to Rosreestr.

You can directly indicate in the contract who will pay for the registration of the agreement.

Additionally

Tax legislation, in particular Art. 333.35 Tax Code of the Russian Federation, summarizes privileges For individual categories citizens to pay certain types of state fees. From cash fees for state registration rights to real estate and contracts for the alienation of real estate, persons recognized as the poor according to the norms of the Housing Code of the Russian Federation. To realize this benefit, you must provide the relevant documents.

Deadlines for registering a donation

The legislation provides ten days for registration of donation of real estate. Calculation occurs from the day the parties filed application to the registration authority and an entry is made in the journal of incoming documents.

After the justice specialist has accepted the package of papers, he issues receipt to the applicant (donor, because he is the one who submits the application), from the content of which it follows that the documents have been received and the timing of registration of the donation transaction. The start and end date of the term are indicated.

During the specified period, the documents are checked for correspondence legislation and completeness of information. If any doubt arises regarding the above provisions, a decision is made to suspend the registration period for no more than 1 month. If the comments are not eliminated, registration is refused; otherwise, a corresponding entry is made in the Unified State Register of Rights. The applicant can write an application for extension registration period is up to 3 months, in case of difficulties in eliminating comments.

Citizen Chaev N.D., being legally married to citizen Chaeva A.A., decided to give his nephew Agafonov K.I. house, having received the consent of the wife. Having submitted an application to the registration authority, after some time I received a notification that the period for reviewing documents was suspended because the spouse’s consent was not notarized. Since Chaeva A.A. left for several months family circumstances abroad, Chaev N.D., applied to the justice system to suspend the registration period for the gift transaction for 3 months. After the wife’s arrival, the donor, having received the notarized consent of the wife, applied to Rosreestr to renew the registration period.

Registration of donation of an apartment

Can be given as a gift only privatized apartment, this is the main rule when alienating an apartment. To complete registration actions, it is necessary to collect the entire package of documents specified in the legislation.

Important

Gifts can only be made to those persons to whom the property belongs by right of ownership. This means that the owner has the rights to own, use and dispose of the thing being transferred.

If a person is not the absolute owner of the property, for example, a buyer of a home in an unfinished house, then he can only donate property rights to the apartment, with a clause in the contract that the property will become ownership only after completion of construction and receipt of a certificate of ownership.

The contract must indicate all the information about the property: city, street, house number, apartment number, number of rooms, area (general and residential).

Registration of donation of land

Land is a specially protected object for the state and transactions with it are controlled. The process of giving gifts is regulated regulatory framework, including Land Code and others legal acts. A gift in the form of a land plot may be accompanied by purpose, if it relates to agricultural land, etc.

The land is registered in general procedure, provided Federal law dated July 21, 1997 N 122-FZ. It should be noted that in order to register a gift agreement, among other things, you will need to have cadastral passports, indicating boundaries, category, type of permitted use and area. If there is a house on the land, then you need to provide a separate title document, a registration certificate and a technical passport.

Registration of donation of a share of an apartment

In case the apartment some owners, one of them can give his share in ownership provided that it is highlighted. To do this, you do not need to take permission from the owners of other shares. If the housing is located in joint ownership(as a rule, this applies to spouses), then the consent of the second owner will be required to complete the transaction.

The deed of gift must indicate the number of persons living and registered in the entire living space. One owner can donate an apartment by dividing it into shares and giving one to each recipient. In this case, the contract will indicate All donees and size shares of each of them. All parties to the transaction will be required to sign the document.

Attention

If there are several recipients, then payment of the state duty can be divided by the number of parties receiving the gift. If one of the persons is exempt from paying taxes, he will not have to pay his share. The remaining participants in the transaction will have to contribute a sum of money according to their share.

Conclusion

Registration is last stage of re-registration of rights to a gift. No actions need to be taken during the registration period, with the exception of the possibility of suspending the registration period due to errors in the documents. After completing the procedure, the full owner can dispose of the property at his own discretion.

Strict requirements are imposed on applications and other documents. It is forbidden allow typos, abbreviations, inaccurate information about the gift, corrections. Documents, the number of which is more than two, must be bound, numbered and sealed by the organization that issued them.

It is also necessary to draw up the contract correctly. If errors are made in it, registration actions will be suspended. This will lead to the moment of taking ownership coming later.

The parties to the agreement should know that in order to register the agreement, there is no need to notarize it, since this is not provided for by law. Only individuals and non-profit legal entities. Both individuals and any legal entities can alienate.

An important condition for registering a transaction is that the parties must be of legal age and legal capacity. IN otherwise, acceptance of the gift will require the consent and participation of legal representatives in the donation process.

Information

Representatives of minors and incapacitated persons will not be able to alienate property belonging to their wards free of charge. In case of limited legal capacity or minority (from 14 to 18 years), these persons will be able to donate their property (with the exception of ordinary gifts of small value) only with the consent of parents or guardians.

Question answer

My aunt and I drew up a gift agreement and submitted it to Rosreestr for registration, but my aunt decided to make some changes to the agreement, is this possible?

To do this, you may need to submit an application to Rosreestr for the return of documents with a request not to register the transaction. Make changes and resubmit the contract.

My father gave me an apartment and we submitted documents and an application to Rosreestr, but the donor died. Tell me, can I now receive property only by inheritance?

This controversial issue and it is interpreted ambiguously in judicial practice. If besides you there are other heirs, then it is quite possible that you will have to defend your rights to this apartment in court.

Quite often, citizens are interested in the difference between a deed of gift and a gift agreement. Questions this kind of are often asked by various lawyers. How can you answer them? What should every citizen know about drawing up a gift agreement and deed of gift? The answer is not as difficult as it seems. If you thoroughly study the legislation of the Russian Federation, you can understand all the features of such transactions without much stress. What should you pay attention to first?

Concepts

First, you need to understand what a deed of gift is, and after that, study the term called “deed of gift.”

A deed of gift is a method of transferring property from one citizen to another. The owner gives a part or all of his property to one person or another free of charge. Similar document eliminates property and inheritance disputes in the family.

A deed of gift is an analogue of a deed of gift. Then what is the difference between these terms? Nothing really. Deed of gift is a colloquial, common name for a gift agreement. The second term is used primarily by lawyers. Accordingly, today we have to find out all the features of registration of deeds of gift. What information will be useful to all citizens?

pros

Now it’s clear what a deed of gift is. What advantages does this document have? This method of transferring property is of interest to the bulk of the population. More and more often, this particular scenario is used when resolving inheritance disputes.

Which positive sides have deeds of gift? Among the advantages are:

Possibility of cancellation after registration of the agreement. To do this, you must fulfill certain conditions. We will talk about them a little later.
Gifted property is not considered acquired during marriage. Accordingly, during a divorce it will not be subject to division.
Deeds of gift are an excellent way to transfer property (mainly real estate) to loved ones during the testator’s lifetime.
The document helps resolve inheritance disputes in the family. Typically, such paper helps older people divide their inheritance between children and grandchildren when there is no trust.
You can draw up a gift agreement with the donor's lifetime residence in a particular apartment. It is enough to stipulate this in the agreement.

The objects of the agreement can be different things. Any property of a person in Russia can be transferred using a deed of gift to another person.

Peculiarities

It is clear how a deed of gift differs from a gift agreement. This is the same document, it is drawn up in the same way. Only the second term is considered legally literate.

Gift deeds have a number of their own characteristics. For example:

Donation of property or significant property on behalf of a minor owner is prohibited. This rule does not apply to small items. It follows that deeds of gift can only be issued by adult owners.
The objects of the gift agreement are not only real estate. As already mentioned, a lot can be transferred to the new owner in this way. For example, release from certain obligations or transfer of claims to third parties is also formalized using a gift agreement.
The process does not imply the direct transfer of ownership of the property. As emphasized earlier, the owner may promise to re-register the property to the donee in the future. In this case, a gift agreement is also concluded.
Most often, the transaction occurs between close relatives. Such persons are exempt from additional costs associated with obtaining property ownership.

Perhaps these are all the features that need to be taken into account when preparing a deed of gift. In general, bringing your idea to life will not be difficult. It is enough to adhere to a certain algorithm of actions. But before that, you will have to remember that the deed of gift can be revoked. When is this possible?

About cancellation

In fact, everyone should know about such cases. Registration of a deed of gift, as many believe, implies 100% transfer of property into ownership of a citizen. But that's not true. Under certain circumstances, the former owner of the property may demand it back.

Among such situations, the following circumstances are distinguished:

fulfilling the terms of the deed of gift will significantly worsen the material or financial situation of the donor;
the donee caused harm to the former owner or his relatives;
the appeal of the new owner of the property leads to the destruction of the gift.

There are no other serious reasons for canceling deeds of gift. So just like that former owner property will not be able to return this or that item.

Registration procedure

Now a little about how the transaction under study is carried out. It is clear how a deed of gift differs from a gift agreement. It's the same term. Accordingly, document registration is carried out in the same way. All you have to do is follow some instructions.

Today, deeds of gift are drawn up in the presence of a notary. Without this authorized person, the document will not have legal force. The parties must:

Draw up a detailed gift agreement. It must indicate all the conditions for the transfer of property to the new owner.
Collect a certain package of documents. Its full list will be presented a little later.
Contact a notary. In the presence of this person sign the contract. Attach all documents prepared in advance to it.
Re-register property, if necessary, with government agencies.

Fast, simple, convenient. The only expenses that must be incurred at 100% are the costs of paying for notary services. As already mentioned, taxes and other expenses do not apply in the case of transferring property to close relatives. In other situations, the recipient must give 13% of the cost new property in the form of a tax levy.

Documents for the transaction

Obtaining documents for drawing up a gift agreement is usually not difficult. The exact list of required papers will depend on the type of property being re-registered. Most often, in practice, deeds of gift are needed to transfer real estate into ownership of a particular person. In this example, a list of required papers will be proposed.

The following documents are needed to draw up a donation agreement for an apartment/house/land:

the agreement itself in several copies;
passports of the parties;
documents indicating relationship with the recipient of the property (birth certificate, for example);
marriage certificate (both parties, if available);
certificates confirming the rights of the first owner to the property;
spouse's consent to the alienation of property (when we're talking about on joint ownership);
extract from the BTI along with personal account apartments;
real estate cadastral passport;
consent of all owners to transfer property (in case of shared ownership);
consent of legal representatives (if incapacitated or minors are involved in the operation);
technical passport of housing.

As a rule, nothing else is needed. All that remains is to have the donation agreement certified by a notary, sign it and re-register the property as the property of the new owner.

About the document text

How to draw up a gift agreement correctly? This operation requires special attention. It is important to take into account that a citizen who decides to transfer property by deed of gift must do so of his own free will. As already noted, the transaction is a decision of the owner, which he makes independently.

What does it mean? It will be possible to certify a gift agreement with a notary if the text of the document contains the following information:

date and place of paper execution;
information about the parties in full;
information about the subject of the donation;
the donor's rights to the received object.

It is important to comply legal literacy gift. If a citizen demands lifelong maintenance for property or simply Money, the registration of the gift agreement will be invalid. All the property owner has the right to is to indicate the right lifelong residence in an apartment/house. Otherwise, it is necessary to draw up a rental agreement.

Where to go

But this is not all the important and relevant information regarding the topic being studied. Some people are interested in where the registration of the gift deed is carried out. As already mentioned, the operation is often carried out through a notary. Authorized person certifies the validity of the transaction, after which you can proceed with the re-registration and re-registration of the property.

Thus, today the gift agreement is proposed to be signed:

in any notary office (public or private);
in the MFC;
in the management of the Federal Registration Service.

The first option is the most common. Registration of a deed of gift is far from the most difficult operation. After checking the document, the notary will issue a certificate for re-registration of the property. You can contact Rosreestr with this paper (for example, if we are talking about real estate), after which the new owner will be able to fully use what was given to him.

Contact Rosreestr

How exactly is this operation performed? The execution of a gift agreement does not end with communication with a notary. If we are talking about real estate, you will have to come to Rosreestr or the traffic police to re-register the property.

The citizen must bring with him:

old documents on property rights;
your passport;
gift agreement;
application for registration of rights;
certificate from a notary.

In exchange for the application, the person will be given an extract, with the help of which in a few days it will be possible to obtain a new certificate of ownership.

Results

From now on, it is clear how a deed of gift differs from a gift agreement. This is the same term used by the population. Deed of gift is the colloquial form of the term “deed of gift”.

In addition, all the features of the design of such a procedure were presented to our attention. Now writing and registering a deed of gift will not cause problems.

The owner of the property can not only sell it, but also donate it. This right is reserved to him in the current legislation. For the action to be carried out, it is necessary to conclude donation agreement for an apartment in the MFC in 2019. The paper regulates all the features of the interaction between the donor and the recipient. The provision of the document determines whether it will be possible to challenge the transaction in the future. The procedure for registering a gratuitous transfer of property is quite simple, but it has a number of features that you should know about in advance.

Persons transferring real estate may legally evade paying taxes for carrying out an action. A similar right is granted if an apartment donation agreement is concluded between close relatives.

The donation transaction can be carried out on the basis of a power of attorney. Complete registration necessary documentation necessary in accordance with all standards current legislation. In order to understand all the features of the procedure in advance, it is worth familiarizing yourself with the latest information on the topic. We will talk further about the sequence of actions, the required package of documentation, as well as the time frame for obtaining the certificate, the features and cost of the procedure.

The main feature of the gift transaction is that the transfer of real estate is carried out on free of charge. A similar action is often performed if close people are parties to the agreement. Features of the transfer of property are registered in civil code RF.

The donation transaction must be registered in accordance with the norms of current legislation. The authority to perform the action is vested in Rosreestr. However, the department of the government body is quite small. Therefore, the function of Rosreestr is taken over by the multifunctional center. If a citizen wants to register a donation, he must visit the nearest branch of the organization and submit the necessary documents for registration.

Who should be present at the branch of the government agency when registering a transaction?

For the gift deed to be valid, at the time of submission required package documentation must be present on both sides. This is necessary to ensure that each of the parties to the agreement confirms their consent to the free transfer of property. If it turns out that any of the persons obligated to take part in the event does not want to transfer the property free of charge, the signing of the contract will not be carried out.

If coercion is detected by any party, the transaction is also cancelled. Additionally, an appeal to law enforcement agencies may be made.

Beginning of the procedure for registering the gratuitous transfer of property

If a person plans to draw up a donation agreement for an apartment through the MFC in 2019, he will need to complete preparatory procedures. First of all, it is necessary to discuss all the details of the transaction with the other party to the agreement. It is necessary to warn him about what to visit government agency to be done together. Only if you agree with all the terms of the procedure can you proceed to the next stage.

Then you need to check for debts public services in relation to real estate that will be transferred free of charge. In addition, it is necessary to register all unnecessary persons who are registered on the property. The future owner may refuse to register the transaction if the apartment is encumbered. If the owner of the property does not intend to register all of its territory, this issue should also be discussed with the future owner of the premises.

Preparation of a documentation package

You can also give a share. When all the terms of the donation transaction have been discussed by its participants, it is worth proceeding directly to preparing a package of documentation for subsequent registration. It is quite extensive.

To obtain the right to register a gift agreement through a multifunctional center, you must have the following papers with you:

passport;
technical documents for residential premises;
a gift agreement drawn up in accordance with the rules;
a certificate confirming the absence of debt on utility bills;
certificate of ownership of the transferred apartment;
a certificate allowing you to get an idea of the number of citizens registered in the territory of the residential premises;
a receipt confirming payment of the state fee.

The list of documentation required to formalize the agreement may change. If the property has several owners, you will need to provide the written consent of the other owner of the premises for the free transfer of property.

If the transaction is not between relatives, the list of papers will need to be supplemented with receipts confirming payment of the tax. When the documentation package is ready, it must be submitted to the department of the multifunctional center. The action can be performed on any day that the organization is operational. At the time of submitting documents, all parties to the transaction must appear.

Download sample contract:

Registration period and cost

Having figured out how to issue a deed of gift for an apartment through the MFC, a person can save time on submitting documents to Rosreestr. Multifunctional centers work faster. They have fewer queues. However, in fact, the registration procedure through the MFC will take longer.

Rosreestr performs registration of property rights within 3 days from the date of receipt of the documentation. Representatives of the MFC will perform similar actions in 7 days.

A state fee is charged for registering ownership of an apartment. Its size is 300 rubles. If the transaction is not between immediate relatives, its value increases. Additionally, you will have to pay tax. Its size is 13% of the total transaction amount. If you do not attach all the necessary receipts to the list of documents, you will not be able to donate property through the MFC.

Can they refuse?

If the transaction is processed through the MFC, it is worth preparing for possible refusal. Multifunctional center employees have the right to provide a negative response to an application in the following situations:

the citizen provided an incomplete package of documents;
the apartment has several owners, and the second owner of the premises did not give permission to conclude the transaction;
there are errors in the contract, it is not drawn up accurately, and the wording is vague.

If a refusal is given, the donor and donee must correct specified errors and apply again. Only if all the nuances established by law are observed, the transaction will be registered.

Procedure for registering a gift transaction

When the gift agreement is registered using the multifunctional center, it enters into legal force. Conduct additional measures no need for registration. So, you do not need to contact a notary.

When the transaction is registered, it is considered that the donee has entered into his legal rights. The old property owner loses the opportunity to carry out legal transactions with housing.

The services of a notary may be required only at the time of execution of the gift agreement. He is able to help draw up the paper legally correctly. The likelihood of a subsequent challenge to the transaction will decrease. However, the possibility of subsequent termination of the contract cannot be completely excluded. Thus, if the agreement was concluded by a donor who was incapacitated at the time of the action, the agreement will be declared invalid. The reason may even be temporary incapacity.

The multifunctional center greatly simplifies the procedure for re-registering real estate to another person. The citizen will minimize the likelihood of being in queues and will significantly speed up the procedure for submitting documents. However, the overall registration duration will increase. Additionally, the multifunctional center allows you to avoid going to different offices. The institution operates on a one-stop-shop principle. This means that by contacting one office, a person will be able to perform all the necessary steps to complete a gift transaction, as well as receive advice. By taking advantage of the organization’s capabilities, a citizen will be able to independently evaluate all its advantages.

A deed of gift is a procedure for the gratuitous transfer of real estate between people, regardless of family ties. Actively used for transactions between close people.

But there are situations when lonely elderly people arrange an apartment as a gift to complete strangers. This is most often due to the fact that they are cared for by neighbors, social workers, and private individuals. There is an agreement between them that lonely old people are under the supervision and care of strangers, and as payment for services they transfer their property to them. Such an agreement has two sides to the coin:

Executing a gift agreement is an advantageous offer for the recipient. Compared to the cost of housing, the costs of registering property are relatively small: state duty for registration actions and income tax in the amount of 13% of the market value of the apartment.
On the other hand, this is a rather dangerous real estate transaction for the donor himself. Immediately after drawing up the agreement and registering it with Rosreestr, the donor loses all rights to his property. From now on new owner has the right of ownership of the residential premises.

It should also be noted that government employees, social and medical workers do not have the right to participate in these transactions as the receiving party.

What are the requirements for participants in a deed of gift transaction?

The legality of the procedure for registering a donation of an apartment depends on in this case special meaning. Here you need to pay attention to some requirements that apply to both parties involved in the transaction:

Age restrictions. According to the Civil Code of the Russian Federation, a person under 18 years of age cannot act as a donor. If the recipient is a child under 14 years of age, he does not have the right to sign. In this case, all documents for accepting the apartment as a gift are signed by parents, guardians, and legal representatives. Children over 14 years of age have the right to sign all legal documents independently.
Civil law. An apartment donation agreement cannot be signed by persons who are incapacitated and registered in a psychoneurological dispensary. All actions with real estate can be carried out by their legal representatives and guardians. They also have the right to sign legal documents and legal nature. A deed of gift can be invalidated if the donor, at the time of the transaction, was under the influence of alcohol or drugs. Also, if a deed of gift is issued to an incapacitated person, then all documentation of acceptance of the gift is confirmed by the signature of the guardian.
Both parties must express full consent to the transaction.
Property is accepted as a gift only during the life of the donor. Otherwise, the apartment is an inheritance, which changes the conditions for registering it as the property of the new owner.

Failure to comply with one of the above conditions allows you to cancel the transaction.

How is a deed of gift drawn up between relatives?

Registration of a deed of gift for an apartment between relatives is carried out on a general basis. They are subject to the same requirements as when making a transaction between strangers. There is a small circumstance here that allows you not to register a document with a notary. The deed of gift can be submitted along with the rest of the documents to the property registration authority. You must have a receipt for payment of the state duty with you. An important requirement is the presence of both parties when transferring documents to Rosreestr.

It is also important to consider the degree of relationship. When making real estate transactions, belonging to the first line matters, namely:

Grandmothers and grandfathers;
Parents, adoptive parents;
Children are natural or adopted;
Grandchildren;
Brothers and sisters are natural or half-siblings, that is, having one common parent.

Persons included in this list, when receiving property as a gift, are exempt from paying income tax, which is 13% of the cost of the apartment. In all other cases, regardless of family relations, the recipient must pay the tax in full.

What documents are needed to register a deed of gift?

A deed of gift, like any real estate transaction, requires the preparation of an appropriate package of documents for registration of ownership to a loved one, namely:

A gift agreement drawn up in free form or notarized. It is preferable to have a legally correct document, which will serve as a guarantee of the irreversibility of the transaction, even in court.
Passports of all participants, including guardians and legal representatives;
Document defining Family status donor;
Certificate of ownership of the apartment;
Technical and cadastral passports for residential premises;
Conclusion on the appraised value of real estate;
If an incapacitated person is involved in the transaction, then documents from the guardianship authorities are required;
An extract from the house register, if necessary, a photocopy of it;
An extract from the EIRC confirming the absence of utility debts;
Certificate of absence of encumbrances;
Written, notarized consent of other owners of the premises, subject to their availability;
Certificates of legal capacity of the parties to the transaction from drug treatment and psychoneurological dispensaries.

What are the validity periods of the deed of gift?

The property is transferred to the new owner as a gift after the final registration of ownership with the relevant authorities. Here's what you need to remember:

The gift agreement has a validity period of 12 months. After this time, it loses its legal force. If the apartment is not registered as the property of the recipient, then the contract must be drawn up again.
The agreement has legal force only during the life of the donor. If during this time the property is not re-registered, then the apartment then has the status of an inheritance and cannot be transferred as a gift.

The time frame for re-registration of real estate differs in different regions. The average time for registration of registered property is 7 - 18 days. If you need to pay income tax, it is important to remember that you must submit your declaration to the tax authorities within the deadlines established by law.

Last modified: December 2019

One way to transfer ownership of real estate to another person is to issue a deed of gift for the apartment.

Unlike purchase and sale, this is an unconditional and gratuitous transaction. This option is most beneficial for relatives, since they are not charged 13% income tax.

Who cannot give and receive apartments as gifts?

Any owner can give his apartment to another person, except:
children under 14 years of age;
parents and guardians of the minor owner;
guardians of the incapacitated owner.

The following are not entitled to accept gifts in the form of real estate:

civil servants;
employees of educational institutions;
medical staff;
social security workers.

Reference! The listed groups of persons do not have the right to accept gifts of property from their clients, patients, subordinates and their relatives.

Documents for deed of gift

In addition to the gift agreement, to complete the transaction you need:

property document;
cadastral passport;
passports of the parties;
an extract from the house register;
certificate of inventory from the BTI;
if one of the parties is under 18 years of age - parental permission;
if a representative is involved - a power of attorney for him;
if the apartment is in common property- consent of all co-owners.

It is important to know! The gift agreement itself must be drawn up in triplicate - for the donor, the donee and the Registration Chamber. Copies are made of other documents, the originals remain with their owners.

Procedure for drawing up a donation agreement

You can draw up a deed of gift on your own, in this case the costs will be minimal, but you will have to collect a package of documents and personally contact the registration authority. Another option is to use the services of a notary, which will save time, although the work of this specialist is not cheap.

Independent registration of deed of gift

Registration of a deed of gift includes drawing up an agreement and registering the transfer of ownership rights. Instructions:

Prepare a gift agreement.
Come to the Registration Chamber at the location of the alienated apartment or to the Cadastral Chamber or MFC and sign the agreement in the presence of the registrar.
Pay the state fee. Usually this responsibility rests with the donee, but the parties may agree otherwise.
Wait for the registrar to draw up an application for the transfer of ownership rights and sign it.
Submit the package of documents and receive a receipt for its acceptance. The receipt indicates when you can come for an extract from the Unified State Register of Real Estate.
At the appointed time, appear at the Registration Chamber or the MFC where the documents were submitted. Each participant in the transaction will receive his own copy of the deed of gift, and the donee will also receive an extract from the Unified State Register of Property Rights.

Important information! A deed of gift can only be drawn up during the life of the donor; he and the donee must come together to the Registration Chamber to sign the agreement. If it turns out that the owner of the apartment died before completing the documents, the transaction will not take place, and the housing will be inherited.

Drawing up an agreement through a notary

The stages of registering a deed of gift through a notary are the same, but he will take on almost all the work. The parties to the transaction must provide him with their passports, a document on ownership of the apartment, and a certificate of those registered in it. The notary will draw up an agreement and independently transfer a package of papers to the Registration Chamber, and if necessary, request the missing documents. Then you can pick up an extract from the USRN about the transfer of ownership from him.

In the deed of gift mandatory the following information is entered:

Full name and passport details of the parties.
Description of the essence of the agreement (the donor (full name) gives a gift, and the donee (full name) accepts an apartment located at such and such an address).
A detailed description of the transferred apartment, its characteristics (area, number of floors, type of building).
Signatures of the parties.

If desired, you can indicate the cost of the apartment in the contract. It must correspond to the market price; it cannot be overestimated.

Nuances of a deed of gift for a share in an apartment

The owner of the share can also donate it. The procedure is standard, but there are several nuances:

It is not necessary to indicate a specific share in the apartment in the text of the gift agreement. It is enough to indicate the area of the property and its characteristics.
The consent of the co-owners to donate their share in the apartment is required if the property is in common ownership. If this is shared ownership, it is enough to notify the remaining co-owners of the donation.
There is no need to allocate the transferred share in the apartment in kind if the property is registered in shared ownership. If it is joint, you will have to make a separation.

The allocation of shares occurs in accordance with Art. 252 of the Civil Code of the Russian Federation. The ownership of each is determined through an agreement between the co-owners. If none of them proves that they incurred more expenses for the purchase of housing or its improvement than the others, then equal rights will be assigned to everyone.

Cost and terms of registration of deed of gift

The donee must pay personal income tax (13% of the assessed value) and a fee for re-registration of property rights (2,000 rubles). The exception is transactions between relatives; personal income tax is not charged to them.

The cost of notary services depends on the price of the donated housing. When drawing up a contract for close relative The following rates apply:

if the apartment costs up to 10 million rubles. - 0.2% of this amount plus 3,000 rubles;
if more than 10 million rubles. - 0.1% plus 23,000 rub.

If the parties are not related, the cost of the notary's work will be:

with an apartment price of up to 1 million rubles. - 0.4% of the price + 3,000 rubles;
1-10 million rubles. - 0.2% + 7,000 rub.;
from 10 million rubles. - 0.1% + 25,000 rubles, but not more than 500,000 rubles.

By default, the notary's services are paid by the donee. However, the parties may verbally agree that the costs will be borne by the donor or will be divided equally between the parties.

The transaction is registered within 10-14 business days from the date of submission of the application and package of documents. When everything is ready, a notification will be sent to you by phone or by mail. The new homeowner will be able to receive an extract from Rosreestr at any time convenient for him.

Is it possible to challenge a deed of gift?

The donor may try to challenge the contract if:

as a result of the conclusion of the transaction, the health or standard of living of the donor has sharply deteriorated;
the donee exerted pressure or committed a crime against the donor;
the actions of the donee caused significant damage to the received property or it was completely lost.

Heirs have the right to challenge the deed of gift after the death of the donor if:

the donee committed criminal acts when executing the contract;
at the time of conclusion of the transaction, the parties did not have the rights to formalize a deed of gift.

Some government agencies and incapacitated persons can also challenge the deed of gift. The recipient also has the right to refuse to accept an apartment as a gift for any reason. To do this, he must draw up a written refusal.

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