Donation agreement or how to simply donate an apartment

Drawing up a real estate donation agreement in Belarus

It is worth considering that the deed of gift can easily be challenged and declared invalid if the documents were drawn up on behalf of the incapacitated donor by his guardians, educator, teacher or trustee, or state representative.
Also, deeds of gift for an apartment, house and other real estate objects have no legal force if they were drawn up between legal entities. It will be extremely difficult to understand this area on your own, because you need to know the Civil Code of the Republic of Belarus and other legislative norms. In order not to waste time studying the laws of another country, an effective solution would be to consult an experienced lawyer. The specialist knows all the nuances and current procedures used when registering real estate in Minsk and other Belarusian cities. An expert in the field of law will answer all applicants’ questions, give reliable recommendations, help prepare documents, and draw up a donation agreement for a house or apartment.

Preparation and rules for drawing up a deed of gift for real estate in the Republic of Belarus

Without notarization, a transaction to donate real estate in Minsk and other Belarusian cities will be considered illegal, and it will not be difficult to challenge it.
The deed of gift is drawn up in several copies. One document will remain with the donor, the second will be received by the new owner of the property, and the third should be left for storage in the notary’s office. The third copy, which will remain with the lawyer, often helps citizens in the future to avoid conflicts and legal disputes initiated to challenge the decision of the original owner of the property. A notary in Minsk bears a great responsibility. The lawyer is responsible for the competent organization of the procedure, checks documents and information about the parties to the transaction, and helps to avoid mistakes when preparing papers. The notary is also obliged to notify the donor about the consequences of the transaction and its irrevocability, and to verify the legal capacity of the donor and recipient of the property. When registering a deed of gift, a notary in Minsk will need to present:

statement;
identity cards of the participants in the process;
title papers for the object;
certificate from the BTI;
an extract from the house register;
technical and cadastral passport.

Read also: Registration of a deed of gift and the meaning of the spouse’s consent to the transaction

It is important that the spouse will be required to provide written consent to the gift if the property was acquired during the marriage. Otherwise, other interested parties will have a chance to challenge the document in court. Many people are interested in the cost of registering a deed of gift in Minsk and the price of a notary certificate. For notary services for registering a transaction, participants will have to pay two basic amounts. This amount of state tax is provided if the gift is received by a close relative. In the case where the deed of gift is issued to an outsider, the amount of the fee will increase to 5 basic units.

How to properly draw up a deed of gift for an apartment

The law provides that a deed of gift can be issued for a minor child , and his presence is not always necessary to conclude a transaction. If the donee is already 14 years old, then the gift agreement is signed by him, his legal representatives and the donor. If the child is not yet 14 years old, his presence at the transaction is not required. It is signed by parents or guardians who manage the property until the child reaches adulthood.

Important! When completing a transaction, you should remember that the contract should not mention any compensation (be it money, the opportunity to own something, or a thing). Otherwise, such an agreement is recognized by the court as a sham transaction and can be terminated.

Restrictions

The procedure for concluding an agreement and all the rules for its execution are regulated by the Civil Code of the Russian Federation. One of the conditions is that a minor or incapacitated citizen does not have the right to become a donor. It is also prohibited for their representatives to replace them in this regard.

Attention! The law also limits the range of positions and persons who are prohibited from acting as a donee.

These include:

government employees;
educational and medical staff;
employees of the Social Security Department.

This measure is used to prevent cases of corruption (bribery). Here the restriction concerns the acts of visitors of the above-mentioned companies and clients as donors. If the rights to an apartment or house are transferred to children under 14 years of age, their legal representatives - parents or guardians - must be present at the conclusion of the agreement.

The condition for the signature of the trustees and the minor citizen is mandatory. If a person is declared incompetent, a guardian signs for him.

Donation agreement for an apartment in Belarus

The donation can be made using a power of attorney, which must necessarily indicate the details of the donee and the subject of the donation (an apartment or other real estate). If a power of attorney is drawn up without complying with these rules, it is considered void, and the transaction made on its basis has no legal force.

Sometimes a gift deed is confused with a will, but there are significant differences between these legal documents. If, when drawing up a will, all rights to the inherited property are transferred to the heir only after the death of the testator, then the signing of a deed of gift deprives the donor of ownership rights to the property during his lifetime.

How to draw up a deed of gift for an apartment in Minsk

After drawing up a will, the testator remains the full owner of his property. He can dispose of all bequeathed property at his own discretion, i.e. subsequently he can rent it out or sell the bequeathed property. After the donation agreement is executed, the donor is deprived of all his rights to the donated real estate and cannot dispose of it at his own discretion.

After drawing up a will, the testator has the opportunity to change his mind, i.e. if desired, he will be able to make any changes to the will or simply cancel this will. After the donation agreement is drawn up, there is no such possibility, i.e. The gift agreement is drawn up once and for all.

How much does it cost to make a deed of gift for an apartment or house?

You can draw up a written document yourself using the samples provided on the Internet. If you comply with all the requirements established by law for the form of the contract, then no problems with registering it with government agencies will arise.

You can resolve the issue by seeking the help of a specialist. Any notary or lawyer provides services for drawing up deeds of gift. The price includes consultation, drawing up an agreement, typing, and printing the document.

Typically, lawyers and notaries charge from 5 to 8 thousand rubles for such work. It is difficult to determine the exact amount of the amount, since it depends on a number of conditions:

the region in whose territory the transaction is concluded;
tariffs of a specific specialist;
complexity of the issue.

Notary registration fee

Notarization of a deed of gift is necessary only when transferring a share in a legal office free of charge or if there is a requirement for this procedure in the agreement itself.

In all other cases, the parties themselves decide on the advisability of contacting a notary, since in order to recognize the transaction as valid, it is enough to carry out its state registration.

Close relatives are subject to special rates for notary services. If the cost of real estate is no more than 10 million rubles, then the specialist must pay 3 thousand rubles. and an additional 0.2% of the cost of housing. If the price of the object exceeds 10 million rubles, then the notary asks for more for his services - 23 thousand rubles. and 0.1% of the price (but not more than 50 thousand rubles).

Important! The value of the property is determined in accordance with the cadastral price or the amount established by an independent appraiser.

Cost of concluding a gift agreement without a notary

If the parties to the transaction decide to draw up an agreement on their own and not contact a notary to certify the document, then they only need to pay for state registration.

The state fee is paid in advance , since when presenting the required package of documents to authorized persons, you must have a receipt on hand confirming the obligatory payment made.

Registration

If a piece of real estate is donated, registration takes place in two stages. First, the fee for registering the contract is paid, and then the fee for registering the transfer of ownership is paid.

Peculiarity! If the agreement is not registered within a year or the parties do not have time to complete the procedure before the death of the donor, the document loses its legal force.

The cost of state registration of a deed of gift is 2 thousand rubles. If property is distributed among several citizens, then the amount of the duty is divided equally between them. To register the transfer of ownership rights, individuals must pay 350 rubles, and legal entities - 1 thousand rubles.

You can make a payment in several ways:

through the cash desk of Sberbank;
via terminals;
at the post office;
in your Sberbank online personal account;
through the Gosuslugi portal.

Payment details are provided by employees of Rosreestr (information is also contained on the website) or the MFC.

Is the price different when registering a plot of land?

When registering a deed of land, it is necessary to take into account whether there are any buildings on the transferred territory. The land plot is inextricably linked with the real estate objects located on it and can only be donated together with them.

When drawing up a gift agreement exclusively for a plot without buildings, state registration of the agreement itself and the transfer of ownership are paid.

If land is donated along with buildings, then registration is carried out in three directions:

gift agreement (2 thousand rubles);
transfer of rights to land (350 rubles);
transfer of rights to construction (350 rubles).

How to draw up a deed of gift for an apartment in Minsk

the gift agreement itself
certificate of family composition
original certificate of state registration of the apartment
the original document that confirms the basis for the emergence of ownership of this apartment
written consent of all adults, certified by a notary, who live in the apartment
if the apartment was purchased during marriage - written consent to the donation of the spouse, certified by a notary

draw up and certify the gift agreement with a notary with your own hand, then register such an agreement with the state registration organization
certify the agreement with a notary and instruct him to carry out the process of registering the agreement
directly contact the registrar so that he takes all necessary steps to draw up and register the agreement

Interesting read: What property cannot be seized by bailiffs

Registration of a deed of gift for an apartment

When concluding a gift agreement, you need to be extremely careful. The fact is that the donated property becomes the property of the new owner at the very moment when both parties sign the document. And, most importantly, it will no longer be possible to take the gift back. Cancellation of a completed deed of gift for an apartment in Belarus is possible only in two cases:

Registration of a deed of gift for an apartment in the Republic of Belarus is a fairly simple procedure that does not require collecting a large package of documents. This is perhaps one of the main advantages of such a deal. It is drawn up in writing by a notary or registrar and registered with the BRTI.

What is a deed of gift for an apartment - pros and cons

the parties to the transaction are close relatives, and the transfer of the apartment is a simple formality for the re-registration of ownership rights to it;
the donor has other housing, and wants to transfer the transferred apartment to another person without any conditions;
there are registered citizens in the apartment who cannot be evicted by other means;
the donor is confident that after the deed of gift is issued, his rights to reside in the apartment will not change in any way.

The transaction is gratuitous – there is no payment for the item received as a gift.
The presence of two parties to the transaction - to conclude an agreement there must be both a donor and a recipient.
The absence of conditions in the contract, the fulfillment of which is mandatory for receiving a gift - the transaction must be concluded without any encumbrances for the recipient.
It is worth noting that with the help of a gift agreement, you can transfer not only a thing, but also certain rights - to receive property, money or other benefits.

Tags: Belarus, loved one, donation, apartment, relative, today, part

Gift deed for an apartment

Hello! Someone can enlighten me on this issue. My mother wants to draw up a deed of gift for the apartment in which she is registered and lives alone, in my favor. I am the only daughter and, I must say, my mother has no other relatives. I have my own housing, in which I am registered with my child, but my mother’s apartment is privatized and is paid in installments for a period of 30 years (small monthly amounts). Do we have to draw up a deed of gift, or is it not necessary to do so? My mother is worried that since she pays in parts, then after her death (God forbid) I may have problems taking possession of the apartment. And also, will this procedure (donation) be expensive? Thanks a lot.

My mother is a citizen of the Republic of Belarus, but permanently resides outside the Republic of Belarus, passport series RR. In short, he is not a tax resident of the Republic of Belarus. She is going to sell the apartment and has issued a power of attorney for me. Tax office, referring to Art. 177 of the Tax Code, requires payment of 12% of the amount of the proposed transaction, and before the purchase and sale is completed. Naturally, this option does not suit us, and we are going to draw up a deed of gift for me. The mother herself lives in Kazakhstan, and it is very expensive for her to come.

Agreement for donating an apartment to close relatives

If one of the relatives during his lifetime wants to donate an apartment to another relative , they sign a certain agreement with each other. Most often, parents give real estate to their children or, for example, grandparents to their grandson(s).

Such agreements are signed exclusively free of charge, and the transfer of an apartment to relatives is not subject to the thirteen percent tax.

The situation is slightly different when transferring an apartment between spouses. If this real estate is considered property acquired jointly (that is, the spouses acquired it during the marriage using common savings), then in order to draw up a deed of gift for the apartment, you first need to sign an agreement on the division of property by mutual consent. This rule is regulated by the Family Code of the Russian Federation.

How is a deed of gift drawn up in Belarus?

When concluding a transaction, the presence of both parties to the contract is mandatory. The duties of the notary include notifying the donor regarding the conditions and consequences of the deed of gift, as well as that he is completely deprived of the right of ownership of the house (apartment, car). After this, the donor signs the deed of gift.

Registration of a deed of gift for an apartment in Belarus that was purchased during marriage (i.e., which is owned by both husband and wife) is possible only with the consent of both spouses. Such consent is made in writing. If the property was received by one of the spouses under a will, then such consent is not required, according to the current legislation of Belarus.

Where is the gift deed executed?

The responsibility related to the registration of gift agreements is assigned to:

multifunctional centers;
registration and cadastral chamber.

The procedure involves signing a written agreement in the presence of the registrar. Actions are classified as paid actions. The payment consists of transferring the state duty.

To correctly determine what is needed to formalize a deed of gift for an apartment, it is necessary to refer to the provisions of the legislation on the registration of real estate. The parties will need to have a third copy of the agreement with them, which will be submitted to Companies House.

The transaction must be carried out on the basis of consent provided by the donor's spouse . In accordance with the law, he is considered a co-owner of the home.

Representatives whose powers are confirmed by a duly executed notarized power of attorney can also act on behalf of the parties to the agreement.

Registration of the transaction serves as the basis for the occurrence of tax obligations of the recipient, the amount of which is calculated based on the relationship with the donor.

How to draw up a deed of gift for an apartment in Minsk

They also challenge the document if the donor was deceived. This includes situations where the recipient made an attempt on the life of the donor or threatened the life of his relatives. Heirs of real estate have every right to revoke the donation (through the court) if it has been proven that the recipient maliciously killed the donor.

There are a number of cases when donation is prohibited: housing cannot be donated from persons under 14 years of age or from citizens declared incompetent. Gifts of property to employees of medical institutions, representatives of social protection bodies by people who are supported, educated or treated in an institution, as well as by their spouses and relatives are not allowed.

Interesting read: Explanatory note on why you didn’t show up for work

The procedure for registering a deed of gift for a house in Belarus

As for the payment for the procedure, the cost of notary services for close relatives is approximately 5 basic units. If the transaction is carried out between persons who are not closely related, then this amount will be from 6 to 8 basic units (the final amount depends on the urgency). For 2020, the base amount is 23 rubles.

Compilation. A will can only be executed by the owner, but a deed of gift can be concluded by a representative.
Documentation. A deed of gift will require a lot of paperwork, whereas a standard will is drawn up with a passport. And only sometimes are medical certificates required to confirm the legal capacity of a person.
Registration. Both documents are certified by a notary.
Ownership. Once a will is executed, the owner remains the owner until his death. A deed of gift implies the transfer of property immediately after signing.
Cancel. The testator may change his mind more than once and draw up a new document for another person. A gift agreement (if drawn up correctly) is almost impossible to cancel.
Inheritance. It is possible to challenge the transfer of property under a contract to the donor's heirs only in exceptional cases. A will can be revoked if the testator has not indicated the heirs who are entitled to the obligatory share (dependents, etc.).

Deed of gift: what you need to know

cadastral passport of the object;
statements from the donor, as well as the recipient regarding this property;
papers that confirm the rights to an apartment or house;
identification documents of the parties to the transaction;
If a deed of gift is issued for a house or apartment that has two or more owners, the notarial consent of each of them is required.

The only alternative that a deed of gift has is a will. With such registration of real estate, the future owner does not need to pay tax on the acquired property (only those recipients who receive property from a close relative will be exempt from it), and the registration of the transaction itself in this case will be faster. However, when deciding which is better - a deed of gift or a will, you need to remember that a deed of gift makes it possible to formalize rights to property in the coming months, and according to a will, a house or apartment will be transferred to a person only after the death of the current owner.

Donation agreement for an apartment or house in Belarus

One of the positive aspects is the ease of execution of the contract; it is not subject to mandatory notarization. In order to register this agreement, you must contact the Territorial Organization for the State. registration of the Republic of Belarus. List of documents: - Statement of State. registration; — gift agreement; - passport; — document confirming payment for registration. The registration process itself occurs quite quickly, within 7 working days, after accepting all the necessary documents.

What is needed to conclude a deal? It is necessary to indicate passport data and register the addresses of the parties to the agreement; include in the transaction documents defining the ownership of the donor’s property. Next, describe the apartment in detail (how many rooms, address, floor, total area, type of building). After the contract has been drawn up, it must be entered into the state register. organs. You can deal with this issue yourself - collect the entire package of documents for registration, or entrust everything to a notary. Discuss the conditions for transferring property into ownership (immediately after signing the contract or set a deadline for the transfer). Any transaction has both positive and negative sides, this agreement is no exception.