Registration of a gift agreement in Rosreestr

Types of gift agreements

In essence, the agreement is an official confirmation of the fact of the gratuitous transfer of property. The transaction can be executed both without a notary and with one. Naturally, the participation of a notary in this transaction has a number of advantages. For example, he acts as a witness to a transaction. If any disputes arise between the donee and the donor that are resolved through the court, the notary will confirm the fact of the donation on a voluntary basis. If for some reason a participant in a transaction has lost a contract certified by a notary, he will be able to obtain a duplicate without any problems.

There are three main types of gift agreements. All of them are confirmation of the gratuitous transfer of property. However, they have certain differences:

1. Real contract . It can be concluded not only between relatives, but also between strangers. Its main difference is that a person wants to donate property, immediately completing the transaction. After this, the new owner has the right to dispose of the property at his own discretion.
2. Contract of promise of gift . After concluding this agreement, the donee will be able to dispose of the property after a certain time. In such an agreement, it is necessary to accurately indicate the object of the donation and the details of the donee. Without this information, the document will be considered invalid. In addition, you will need to indicate exactly when the donee will receive ownership. This may be a specific date, but not the death of the donor. Do not be confused, because if you plan to transfer the apartment after death, it is necessary to draw up not a deed of gift, but a will.
3. Donation agreement . In this case, the property is transferred for use for general purposes. As a rule, such donations are received by legal entities. If the donee is an individual, the document must indicate what exactly needs to be done with the object in the future. At the same time, the new owner is obliged to prove in the future that the use of the property is carried out strictly in accordance with the agreement. Documents that take into account all transactions performed in relation to this property are suitable for this. If the new owner cannot prove the use of the object for its intended purpose, the contract may be terminated in court.

Moments of invalidation of a contract

It is problematic to challenge such a deal. But there are situations when it is impossible to carry it out. An example is the donor's minority. The person giving away the apartment can challenge the transaction in the following situations:

• One of the parties was deliberately misled.
• The recipient caused serious damage to the owner of the property or his family.
• The object is damaged, which provokes its complete loss.

Steaming must be carried out through the courts. The statement of claim is supported by evidence. To avoid such situations, it is recommended to always resort to the services of a notary.

In general, a gift of real estate between relatives is considered one of the most hassle-free and common methods of transferring property. Its undoubted advantage is that you do not need to pay taxes, as happens in the case of purchase and sale.

Documentation

Depending on the situation, in addition to the main list of documents, additional ones may be needed. To clarify this, it is recommended to contact a notary in advance, who, having considered your specific case, will provide a complete list of necessary documents. If, for health reasons, one of the parties to the transaction cannot come to the notary’s office in person, a notary can be called to your home. The main condition is that the donor must be in full mental health and understand the consequences of such actions.

You also need to remember that both parties must provide only original documents. The main list looks like this:

1. Passports of both parties. If the recipient does not yet have a passport, a birth certificate must be provided. Donees under eighteen years of age, in addition to their documents, must provide the passport of one and their guardians or parents.
2. A document confirming the registration of the apartment. This may be a certificate or an extract from the Unified State Register. Such documents must be kept by the donor. Without them, he will not be able to confirm ownership.
3. Foundation agreement. This document determines on what basis the donor is the owner of the property. For example, these could be sales contracts, a certificate of privatization or inheritance.
4. Real estate registration certificate. The donor can order it from the BTI.
5. If the donor is married, written permission from the other spouse will be required. Moreover, this permission must be notarized.
6. Extract from the house register. It is necessary in order to know who is registered in a given living space.
7. If there are minor children registered in the apartment, this transaction will require written permission from the guardianship authorities;
8. If the interests of one of the parties are represented by a trustee, it is necessary to have a power of attorney certified by a notary. You will also need a passport of a trusted person.

Making a deal

Thus, in order for the contract to comply with the norms of current legislation, it must be drawn up in accordance with the established rules. However, while pointing out the mandatory requirements when drawing up a deed, the law does not indicate that the deed of gift must be drawn up exactly this way and not have additional clauses, the absence of which in certain situations, in itself, may become grounds for breaking the agreement. That's why it's better for the parties to contact a notary or get free legal assistance provided by our website!

At the same time, specialists can deal with both the execution of the contract and the support of the transaction in general. In any case, for this you will need to provide them with a package of documents required for the transaction and some other certificates, which we will consider below. Required on this list are:

• passports of the parties;
• title papers for the object of donation;
• cadastral and technical passports;
• extracts from the BTI, as well as house books and registers.

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Simply put, the parties must have all the documentation in their hands that allows them to describe the condition of the object and the parties, as well as the situation in general.

Donation expenses - how much to pay in Rosreestr

An important part of the deed of gift are the costs of its registration. So, in addition to the fact that the parties will have to pay for notary services, the tariffs for which today are approximately the same for offices located in the same region, they will need to pay the established income tax, the amount of which is 13% of the estimated price of the donated object .

You can read about how much individuals and legal entities will need to pay when paying the state duty for a gift agreement in Rosreestr by clicking on the link. Please note that today, in most cases, you need to pay:

• 2,000 Russian rubles if the transaction was concluded between individuals;
• and 22,000 Russian rubles – for deeds of gift between legal entities.

Algorithm for completing a transaction

Lawyers consider the process of drawing up a gift agreement and its subsequent registration in Rosreestr in the form of the following step-by-step algorithm of actions:

1. Obtaining the donor's consent to accept the gift from the recipient, as well as collecting the necessary documents, some of which require quite a lot of time to obtain.
2. Drawing up the contents of a deed of gift, which is best entrusted to a professional notary who knows the specifics of this branch of law.
3. Signing of an agreement by the participants (that is, parties) to the transaction, during which the donee, donor and notary must be present, confirming with their signature that the agreement was concluded in accordance with the standards established in the current legislation.
4. Submitting documents to the relevant registration authority and waiting for a change in ownership of the donated object.

Only after all the described stages have been completed will the donation be considered completed, and the object of the transaction will become the legal property of the donee.

Important : Perhaps it is worth recalling once again that the deed of gift itself is not registered in Rosreestr, and therefore, when drawing it up, the recipient only needs to check the accuracy of the information contained in it and certify it.

Notarial support of the transaction greatly simplifies the procedure. Starting in 2020, these specialists were allowed to register property rights obtained through the conclusion of deeds of gift. This means that the parties will only have to collect documents, formulate their terms and sign the agreement - everything else will be the responsibility of the notary.

Documents for registration

According to the current legislative framework of the Russian Federation, registration must take place based on the documentation provided by the applicant to the relevant government agency. For this reason, the collection of documents must be approached with all responsibility.

Remember that the absence of at least one of the certificates or extracts listed below may cause refusal to register property rights after the conclusion of the contract!

The list of documents that are mandatory for transmission to specialists of the registration authority in 2020 includes:

• Photocopies of all completed pages of the donor’s and recipient’s passports;
• a gift agreement, initially drawn up in at least 3 copies (one for each party and one for the registration authority);
• a corresponding application filled out in a form that can be obtained from a specialist of the registration authority;
• a notarized power of attorney for a person participating in the transaction instead of one of the parties (optional);
• papers confirming the legal ownership of the donor to the object of the transaction;
• diagrams, plans, passports, as well as other technical documents for the gift;
• an extract from the house register (it is recommended to receive this document at the very end - since it has a validity period of 30 days from the date of receipt);
• written consent of the second spouse, if the object being donated is part of the jointly acquired property;
• consent of a minor or his legal representatives, in cases where children act as the donee;
• written consent of persons who act as guardians of incapacitated citizen-donees;
• documentation confirming that there are no utility or other debts in the apartment;
• documents confirming the absence of restrictions and the fact that the object of the transaction does not act as collateral;
• receipts confirming successful payment of the state duty, the amount of which for individuals in 2020 is 2,000 Russian rubles.

In addition, in some cases, employees of the registration authority may request additional documents if they consider that the attached documentation is not enough to fully disclose the general situation.

How to draw up an apartment donation agreement

There should be no difficulty in filling out the document yourself. Download and print the apartment donation agreement form. You will see that everything is extremely simple here. It is enough just to indicate the necessary information in the appropriate fields. However, after filling out the document, you need to take care of its correct formatting.

The Civil Code does not prohibit participants in a transaction from drawing up a gift agreement in writing without the participation of a notary. However, here you need to take into account negative factors:

• controversial issues. Resolving any conflict that arises between the parties will be quite difficult. With such an agreement, you are not protected from unlawful acts;
• the contract can be challenged. If desired, one of the parties has the opportunity through the court to declare the contract invalid. After all, there is no evidence that the participants were sane when drawing up a written agreement.

After representatives of both parties have collected all the necessary documents, you need to perform the following steps:

1. Come to the notary's office in person to hand over all the documents.
2. The notary will draw up several copies of the agreement . All of them are signed by the parties to the transaction in the presence of a notary. The presence of a minor recipient of the gift is not necessary. After all, one of the parents, trustee, or guardian must sign the documents instead. All participants in the transaction are given one copy. Also, for the archive, one copy remains with the notary.
3. The party that accepts the gift receives an official document drawn up on a special form that has watermarks . Copies intended for the donor and the notary are drawn up on plain paper.
4. After the notary has certified the contract, he is obliged to submit it for registration on the same day . This procedure is handled by the notary office itself, since these services are included in the total cost. The law prohibits notaries from charging additional fees for these services. Documents are transmitted electronically. Thus, registration is carried out within one day. If for technical reasons it is not possible to transfer electronic documents, notary assistants personally take the documents to Rosreestr. In this case, the registration period may be extended to three working days.
5. The procedure for submitting documents for registration is free . But the parties have the right to refuse it. As a rule, in this case, the donor submits a package of documents for registration independently.
6. Participants in the transaction are required to pay state duty. The amount to pay will be less if registration documents are provided electronically. Typically, these costs are borne by the recipient of the gift. Although the notary does not care who exactly will pay for this service.

The final stage of the transaction is payment of tax. This obligation is assigned to the donee if he is not a close relative of the donor. The tax amount is 13 percent of the total value of the property. Since the donor has no benefit at all from this transaction, he does not pay any taxes. Only the recipient receives the benefit.

Registration

Registration of a deed of gift can be carried out at a notary's office and at Rosreestr.

Notarized registration is carried out in order to confirm the transaction, but certification by a notary cannot serve as the basis for the deed of gift to enter into force.

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Until 2013, it was necessary to register the contract itself in the state register; currently, only registration of the transfer of rights is carried out in Rosreestr.

When does it take effect

The contract comes into effect upon signing or transferring the living space to the new owner.

The transfer of ownership of property occurs after registration with the state registry authorities.

The property rights of the new owner are confirmed by the existing certificate of ownership.

Documents to be submitted to Rosreestr

In order to register ownership, you will need to submit the following documents to Rosreestr:

• application (submitted by the parties to the transaction or their authorized representatives);
• receipt of payment of state duty;
• documents identifying the parties to the transaction;
• powers of attorney for representatives certified by a notary;
• gift agreement (1 copy and 2 originals);
• registration certificate of the apartment;
• consent of the guardianship and trusteeship authorities (not required in all cases);
• a marriage certificate, the original consent to the transaction of the donor's spouse certified by a notary, or the original document indicating that at the time of purchasing the apartment the donor was not married;
• consent of the bank, if the living space is encumbered in the form of a mortgage loan.

In some cases, Rosreestr employees may require the submission of additional documents.

State duty

Payment of the state fee is required in order to submit an application for registration of housing rights.

• As of today (2017 ), the state duty must be paid by the donee, its amount is 2 thousand rubles .
• If living space is donated to several persons at once, then they all pay the state duty in equal shares ( 2 thousand rubles are divided among all recipients).

The state duty is paid in one of three ways:

• at a Sberbank branch;
• via an ATM (payment terminal);
• at the post office.

Payment details can be seen on the Rosreestr website or in the institution itself at the employee stand, where information for citizens is located.

Content

Almost all the terms of the contract are already indicated in the form. Here, the participants in the transaction only have to fill in the missing information. The passport details of both parties to the transaction are indicated. The places of their permanent residence should also be noted. Detailed information about the apartment, which is the object of the transaction, must be entered. All data should be taken from official documents that government services issued for this property.

Naturally, you can only give away an apartment that has no heirs, other owners, or collateral. If the interests of one of the parties are represented by a proxy, his passport details are also indicated in the document. If this is not done, the contract may be declared invalid through the court.

Features of the gift agreement

When the donor transfers ownership of an apartment, he has the opportunity to put forward certain requirements. For example, the recipient of such a gift would be required to use the property in a manner that would benefit the community. In turn, the donee can also set conditions. For example, he has the right to refuse such a gift. He is also allowed to re-donate property, acting as a donor.

The deed of gift is an official confirmation that the property is transferred without monetary compensation. If the transaction involves the transfer of funds from the donee, this is considered a sham transaction. Its participants may be punished to the fullest extent of the law. Such a donation cannot be called gratuitous, which means it is not legal.

Through MFC

The transaction can also be completed through the territorial branch of the MFC. Many departments have electronic registration for appointments.

However, you can sign up in this way only if the citizen has passed authorization on the portal.

In this case, the process may be delayed, since you will need to wait for the password and electronic signature to be provided. Therefore, this method is not advisable for urgent transaction processing.

If you have enough time, the registration process through the MFC is quite convenient. Having made an appointment at a certain time, the donor and recipient visit the organization with the package of papers listed earlier. In this case, the state duty can be paid immediately, through the payment terminal.

When paying, a fee of 10 percent of the receipt amount is charged.

An MFC employee prepares an application form, which is filled out by the donor. The parties sign the application, and the employee accepts it along with a package of papers. After this, a receipt for acceptance of documents is issued and a date is set for receiving the completed Certificate of Ownership.

The government agency is given a period of 10 working days for execution.

Upon receipt of the Certificate, only the new owner of the property must appear at the reception with a passport and a receipt issued previously.

If errors in the papers are identified during the verification process, the employee can suspend the process for up to 30 days.

The refusal is issued in writing, indicating the reasons. After removing obstacles, documents can be resubmitted.

Read about the procedure for donating living space and the amount of state duty in our article. Also find out about the taxation of the transaction.

Registration of the transfer of rights to ownership of real estate is the last stage of the transaction. The transaction cannot be reversed, and after receiving the appropriate Certificate, the living space completely passes into the hands of the new owner.