Gift deed for an apartment: is it possible to give donated real estate?

Of course you can, this is your property, and you can dispose of it as you wish.

Thanks for the answer!

In most cases, demolition requires 18 sq.m. per person

even in cases where citizens are not on the housing register (in line),

but few people know about this, because they are sure that the authority is a priori right.

If your house is being demolished due to its recognition as unsafe,

then the equivalent is assumed, i.e. rooms - as many as you have now

and the area - as much as you have now.

The fact that everyone around you says that your house is in disrepair -

does not mean that this is so.

Even the issuance by the authority of an act on the demolition of a dilapidated house,

again, this does not mean that the house is truly in disrepair.

Such acts of the government do not reflect some important aspects,

essential in resolving the issue of

what area is allocated to the residents of such demolished houses?

For example, to what extent such an act of a government agency complies with the laws.

Under such circumstances, the lion's share of migrants agrees that

what the government agency offers, and those who are not satisfied with the proposed housing -

they themselves are not able to defend their rights due to ignorance of the whole range of issues,

associated with the resettlement of citizens.

— how to distinguish the legal grounds for demolishing a house due to its unsafe condition

and demolition of a house for other reasons,

— to identify the legal consequences for citizens resettled from such houses,

— find out whether you have grounds for providing an area of ​​18 sq.m per person,

— how to competently defend your rights in a government agency and/or in court,

There is no legislation prohibiting the sale of emergency housing. When purchasing housing, the new owner has certain guarantees in accordance with Art. 32 of the Housing Code of the Russian Federation. A transaction for the purchase and sale of an apartment is legal until the owner has signed an agreement on the seizure of real estate or before a judicial authority makes a decision on the forced seizure of living space at the request of municipal authorities (Part 5 of Article 32 of the Housing Code of the Russian Federation).

Grounds for declaring a house unfit for habitation

An apartment is recognized as unsuitable for habitation according to Government Decree No. 47 dated January 28, 2006. This decision is made only by the local authority, based on the inspection report of the apartment or other housing of the interdepartmental commission.

The grounds for declaring a home unfit for habitation are:

• physical deterioration of the building, due to which the level of reliability of the building decreases;
• changes in the microclimate of the living area, as a result of which it became impossible to adhere to sanitary and epidemiological standards and requirements.

The commission inspects a residential building and evaluates it based on an application from residents or one of the apartment owners. The application is considered within 30 days from the date of its registration (Government Decree No. 47, paragraph 46).

Next, the commission decides on the possible demolition of the housing or whether the residential premises meet all requirements and standards.

Important!

Registration at the place of residence in an emergency building is not prohibited by the legislator.

What are the dangers of an apartment donation agreement?

The fact that the housing issue is becoming the cause of small “civil wars” in almost every Russian family will probably not be a revelation to anyone. As well as the fact that such conflicts often flare up where elderly relatives appear in one way or another (especially if they are the owners of the treasured “squares”). They, as a rule, prefer to resolve issues with real estate, so to speak, in the spirit of good old traditions, through gift agreements. In their eyes, such a form of transfer of ownership looks like an unshakable rock, a panacea for all ills.

The Internet is full of sad stories about how citizens are left homeless and without money precisely because of the drawing up of gift agreements, all you have to do is type in the appropriate request. Especially for this occasion, “SP”, together with experts in the primary real estate market, once again reminds us of the main points and especially the “slippery spots” of the apartment donation agreement.

Problematic aspects of the deal

According to Yulia Dymova , leading legal adviser at the Est-a-Tet network of real estate offices, a gift agreement is not the best way to dispose of an apartment precisely because it has a high percentage of challenges in the courts.

The first of the most common reasons is the donor’s misconception about the gratuitous nature of the contract. In particular, the specialist gives an example, in the process of completing a transaction, the donor could count on receiving some kind of money (and, quite possibly, the donee voiced this intention and even talked about specific amounts), despite the fact that donation in itself absolutely excludes all mutual settlements between the parties to the transaction.

But if, nevertheless, the fact of transfer of money from one participant in the transaction to another takes place, then the donation is clearly recognized as feigned. This should especially not be forgotten by those who hope to disguise the purchase and sale of rooms or shares in an apartment in this way, in the hope of eliminating the possibility of their acquisition by other owners on the basis of the right of first refusal (after all, in the case of a gift, obtaining their consent to the transaction is not provided).

True, it is very, very difficult to prove the existence of such a conspiracy in practice, since the only weighty incriminating argument in this case will be a receipt for receipt (or delivery) of money. But in a game with such high stakes as owning their own home, many Russians agree to go all-in.

The second reason for litigation is the poor health or advanced age of the donor. And if these two factors are superimposed on one another, then for the recipient the probability of a quick visit to court comes close to 100%. At the same time, we should not forget: if the donor is not old or sick, this does not at all guarantee that the transaction will not be challenged.

The third reason is the death of the donor. In the case where there is more than one potential heir to real estate, this greatly frees the hands of the dissenting applicants.

It should also be noted that the gift will most likely cost the recipient, figuratively speaking, “a pretty penny,” reminds independent business consultant, Doctor of Economics Natalya Chernova . Because the object of donation, according to current legislation, is subject to income tax in the amount of 13% of its cadastral value, which the recipient will be required to pay during the paperwork process.

Such a contribution to the treasury can be avoided only in one case: if the recipient and the donor are close relatives. These are recognized by law as parents, children, spouses, grandparents, as well as full or half brothers and sisters. However, they will also have to fork out the same 13% to the state if they sell the object earlier than three years from the date of receiving it as a gift. Of course, in this case the money will be deducted from the amount specified in the purchase and sale agreement. But everyone is already very well aware of how closely the latter is now closely connected with the cadastral value of real estate, which in most cases is unreasonably inflated (if not, you can read in the materials of “ SP” “Everyone will have to pay” and “How to challenge the cadastral value”).

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Safety net for the cautious

“All of the above risks can be, if not completely eliminated, then minimized,” says independent metropolitan realtor Nikolai Avesyan .

Firstly, this can be done if the gift agreement is drawn up in a notarial form, rather than in simple written form. Of course, even now, when relevant laws have been adopted that increase the responsibility of notaries, you will still be able to feel completely protected from fraudulent machinations, but at least the donor will not be mistaken about the gratuitousness of the transaction, since the specialist is obliged to explain to the parties all the clauses of the agreement.

“Secondly,” the realtor reminds, “no matter how respectable and in full health the donor may look, no matter how well the recipient knows him, you should always stock up on medical certificates from the appropriate dispensaries confirming his sanity. Failure to do this means essentially giving the green light to everyone who wants to challenge the contract. In addition, the donor’s legal capacity should also be inquired from the servants of Themis , because it can be limited by court.”

Plus, as Avesyan reminds, it is always worth keeping the following point in mind: a minor (minor) citizen, as well as a person in public service, cannot act as a donor if the object of the gift is directly related to the performance of his official duties.

All this, naturally, concerns the recipient to a greater extent, but the donor should not forget about his rights. After all, there are countless cases when they were literally thrown out into the street immediately after the transaction was completed.

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For example, rarely do any of them, explain representatives of Est-a-Tet, know that the donated object can later be returned (according to the provisions of Article 578 of the Civil Code). For example, this can be done when there are some extreme circumstances, such as a duly proven attempt on the life of the donor. But it is also possible, by agreement of the parties, to include in the contract one or even several special clauses stipulating the conditions of return. The only caveat is that the instructions contained in them must be direct and clearly indicate in which cases the donor can “change his mind.” Otherwise, the deal will not have retroactive effect, with the exception of a few cases regulated by the same Article 578 of the Civil Code of the Russian Federation.

Selling an apartment in a dilapidated building

To sell an emergency apartment you don’t need anything special. Sales are carried out as usual. The owner of the property notifies the buyer that the living space is in disrepair (this must be indicated in the contract). In addition, the buyer has the opportunity to find out about the condition of the apartment by requesting an extract from the Unified State Register.

If a person wants to purchase an apartment in a dilapidated building, it is advisable to immediately determine whether this residential premises is included in the program, which involves the resettlement of owners from a dilapidated building.

Important!

Only in this case the owners can get a new apartment with minimal additional payments or receive equivalent housing.

Is it possible to donate an apartment in a building to be demolished?

Vera, Barnaul:

House with 13 apartments. Next spring it will be demolished. A pensioner wants to give his apartment to his sister. Is it possible to draw up a gift deed now? And will this sister have the right to an apartment, because the address will change?

Andrey Sandakovsky, chief legal adviser at Legal:

If there is already a paper according to which the house is considered unsafe, and the time for demolition has been determined, then perhaps any transactions with the property for its sale, donation, etc. may be prohibited. If there is no such restriction, the pensioner can do whatever he wants with his apartment. Once all necessary documents are submitted to the Registration Center, the transaction is completed within one month. In this case, his sister will receive a new apartment.

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Determining the redemption price

Determination of the ransom price must be carried out taking into account Part 7 of Article 32 of the RF Housing Code. In particular, you need to consider:

• market value of the apartment;
• expenses incurred by the owner when repossessing housing: for temporary residence in another premises before purchasing a new apartment (house), expenses for drawing up documentation for the acquisition of new living space as a property, as well as termination of obligations to a third party ahead of schedule, taking into account lost profits.

The size of the redemption price for emergency housing is determined together with the owner. If controversial issues arise on this issue, resolution is possible in court. After determining the redemption price, the applicant receives a sum of money and has the right to use it for his own needs.

ATTENTION!

Due to recent changes in legislation, the information in this article may be out of date!
Our lawyer will advise you free of charge - write in the form below.

Actions of residents after the house was declared unsafe: features of resettlement

• dilapidated buildings in which the frame structure may spontaneously collapse;
• buildings located on or near landfills;
• buildings located in hazardous areas;
• buildings located in the power transmission line zone;
• destroyed completely or partially;
• buildings with excessive noise levels, for example, houses with windows facing the highway;
• buildings above which the garbage chute is located.

The main condition for social employers is that they cannot refuse the option offered by the state. In case of refusal, if the house is subject to demolition, the tenants will find themselves on the street, since state hiring does not imply a choice of several premises.

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Hello! Please advise, I own a room in a communal apartment. The other day, the city district administration received an order recognizing an apartment building as unsafe and subject to demolition. Clause 3 provides for the provision of residential premises to citizens in accordance with housing legislation, for social rent. There is not a word about the owners, only that we must demolish this house.

I bought this room 3 years ago, on credit (mortgage). Tell me how this situation should be resolved in accordance with the law. The room is 19.4 m2, me and my child (a 10-year-old girl) are registered. Thank you in advance, the question is very serious for me, since I am alone with a child, and there is no money to purchase another home and so I have a loan, I have absolutely no desire to move from this area, school, clinics, all this has already been established. And I very much doubt that if I buy out this property, I will be able to buy at least equivalent housing in terms of square meters with the proceeds.

Answer:

According to Part 1 of Article 32 of the Housing Code of the Russian Federation, residential premises can be seized from the owner through redemption in connection with the seizure of the corresponding land plot for state or municipal needs. The purchase of part of a residential premises is permitted only with the consent of the owner. Depending on for whose needs the land plot is seized, the purchase of residential premises is carried out by the Russian Federation, the relevant constituent entity of the Russian Federation or a municipal entity.

According to Part. 3, 4 of Article 32 of the Housing Code of the Russian Federation, the decision of a state authority or local government body on the seizure of residential premises is subject to state registration with the body that carries out state registration of rights to real estate and transactions with it... The owner of the residential premises no later than a year before the upcoming seizure of this premises must be notified in writing of the decision made to confiscate the residential premises belonging to him, of the date of state registration of such a decision carried out in accordance with Part 3 of this article by the body that made the decision on confiscation. The purchase of residential premises before the expiration of a year from the date the owner receives such notice is permitted only with the consent of the owner.

about the procedure for purchasing residential premises in the review “Disrepair and dilapidated housing. Demolition of houses, resettlement, eviction, provision, buyout. Judicial practice,” namely, see the answer to the question: “Is it legal for the city administration to demand that apartment owners demolish a dilapidated building?”

From the provisions of Article 32 of the Housing Code of the Russian Federation, it follows that when a house is recognized as unsafe and subject to demolition, the owner of the residential premises located in this house is provided with the redemption price for the housing he owns, and not a similar residential premises (as is the case with residential premises occupied under a social contract). hiring).

You rightly point out that the money paid for a room in a dilapidated house is unlikely to be enough to purchase similar housing, therefore, in practice, the owners of apartments and rooms are often offered by authorities not a cash payment (redemption price) for the seized housing, but other residential premises. It should be understood that the proposed residential premises will most likely be similar to those seized in COST, but not always in area and other consumer properties. Those. the area of ​​the settlement in which you live is close to necessary (and vital) infrastructure, as the criteria may be absent.

However, it should be said that in your case, living space in a dilapidated building that is subject to demolition is, as I understand it, today the subject of a mortgage. This situation is not directly regulated by the Housing Legislation.

At the same time, Article 41 of the Federal Law of July 16, 1998 N 102-FZ “On Mortgage (Pledge of Real Estate)” contains the following rules of law:

If the mortgagor's ownership of the property that is the subject of the mortgage is terminated on the grounds and in the manner established by federal law, as a result of the seizure (redemption) of property for state or municipal needs, its requisition or nationalization, and the mortgagor is provided with other property or appropriate compensation, the mortgage extends for the property provided in return, or the mortgagee acquires the right of priority satisfaction of his claims from the amount of compensation due to the mortgagor... The mortgagee, whose interests cannot be fully protected by the rights provided for in part one of this paragraph, has the right to demand early fulfillment of the obligation secured by the mortgage and foreclosure on the property, provided to the pledgor in exchange for what was seized.

Thus, if you agree to the option offered to you by the administration of your municipality instead of the withdrawn one, the mortgage agreement (with appropriate changes) can continue to be executed. However, it should be noted that if the cost of the provided residential premises differs from the cost of the seized premises (to a lesser extent), then the bank has the right to demand early fulfillment of your obligations under the contract, that is, to demand that you repay the entire loan amount at once, otherwise, to foreclose on the property you property, including residential premises provided in exchange for the seized property.

As an example from judicial (arbitration) practice, recognition of the house in which the premises that are the subject of collateral are located as unsafe and subject to demolition is not a basis for releasing the lender from fulfilling obligations to repay the loan and interest for use.

“... To ensure the fulfillment of obligations under the loan agreement, the parties entered into a pledge agreement dated 02.08.2007 N DI-035/2007, according to which the defendant pledged to the plaintiff the purchased non-residential premises located in a residential building at the address: Nevelsk, st. Nagornaya, 18. The specified agreement was not registered in the manner prescribed by law.

Subsequently, this residential building, recognized as unsafe as a result of the earthquake, was demolished.

Due to the defendant’s failure to comply with the loan repayment schedule, the Bank addressed the defendant with a claim dated November 5, 2008 N 589, demanding repayment of the resulting debt.

Failure of Denta Plus LLC to comply with these requirements served as the basis for the Bank to apply to the arbitration court with this claim.

In accordance with Article 819 of the Civil Code of the Russian Federation, under a loan agreement, a bank or other credit organization (lender) undertakes to provide funds (loan) to the borrower in the amount and on the terms stipulated by the agreement, and the borrower undertakes to return the amount of money received and pay interest on it.

Having examined and assessed the evidence presented in the case in accordance with the requirements of Article 71 of the Arbitration Procedure Code of the Russian Federation, the appellate court established the fact that the plaintiff provided a loan, which is confirmed by an extract from the defendant’s personal account, as well as the defendant’s improper fulfillment of obligations under the loan agreement in terms of the loan repayment terms established by the agreement and other payments under the agreement.

The Court of Appeal also established the absence of evidence indicating the impossibility of the defendant fulfilling the monetary obligation under the loan agreement, since the fact of destruction of property acquired through a loan is not such evidence, does not indicate the termination of the obligation and the absence of the defendant’s obligation to repay the loan and pay interest for use loan" (extract from the resolution of the Federal Antimonopoly Service of the Far Eastern District dated September 3, 2009 N F03-4351/2009 in case N A59-4400/2008).

Redemption price

In the process of relocating residents from dilapidated and dilapidated houses, regional authorities must fulfill one of the following responsibilities:

1. Pay the tenant (former owner) the redemption price of his home.
2. Provide a new apartment, including the cost of dilapidated housing in the redemption price.

The size of the redemption price depends on the current value of the property on the market. Again, it is installed by the municipal authorities.

There are quite a lot of cases when city authorities deliberately want to reduce the purchase price of housing, arguing that it is in dilapidated condition, underdeveloped nearby infrastructure, or other vague expressions.

If the inhabitant of a dilapidated or dilapidated apartment does not agree with the redemption price of the apartment, he has the right to seek help from the court. But according to the law, legal proceedings must begin no later than two years after the city authorities make a corresponding decision to relocate a citizen (and his family) from a dilapidated or dilapidated home.

Complex legal ambiguities associated with dilapidated and dilapidated housing are determined by the fact that housing legislation is supplemented by many local acts. This often leads to misunderstanding or incomplete understanding of the resettlement process by some citizens. Therefore, to clarify all difficult points, it is advisable to seek advice from experienced lawyers.

We hope that we have clarified your view of emergency (dilapidated) housing a little: what it is, what are its features, what is its difference and similarity with emergency housing.

Author of the article: Petr Romanovsky, lawyer Work experience 15 years, specialization - housing disputes, family, inheritance, land, criminal cases.

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What it is

In Russian legislation there is no such thing as dilapidated housing, as opposed to emergency housing. However, it can be found in the names of various federal and regional programs for the resettlement of citizens, as well as in the texts of judicial acts. That is, in legal usage this term is still widely used.

The common people sometimes believe that a “dilapidated house” is just the colloquial equivalent of the officially designated “emergency housing.” But in fact, dilapidated and dilapidated housing are not identical concepts. What is the difference between them?

1. Emergency houses are buildings with dilapidated load-bearing structures and living quarters, which makes living in the house life-threatening.
2. Dilapidated houses are outdated buildings that can be lived in without any danger to health and life.

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When talking about a dilapidated building, you need to remember two important points:

1. Wooden houses are considered dilapidated if they are worn out by more than 65%, stone and brick - by more than 70%. The degree of wear is determined by special technical expertise.
2. Home condition is only expressed as a percentage as an approximation because there is no exact formula for it. Accordingly, the decision to recognize housing as dilapidated is made by authorized bodies - a specially created interdepartmental commission.

Note that the above characteristics of emergency and dilapidated housing are taken from the Methodological Manual on the Maintenance and Repair of the Housing Stock of MKDs for 2004, which was not officially published anywhere.

If experts recognize an apartment building as unsafe, then the authorities must demolish it and relocate the residents to safe apartments (although this does not always happen immediately after the examination; sometimes a significant time frame is required for the authorities to make an appropriate decision). ABOUT

the inhabitants of dilapidated houses find themselves in a more disadvantageous position. As practice shows, they wait for relocation only if their house is subject to demolition in order to free up the territory for a new building. However, everything depends on the regional authorities. In some regions of the Russian Federation, the resettlement of owners from dilapidated housing is a priority task of housing policy.

Resettlement of owners from emergency housing in 2020

There are 3 people registered in the apartment (social tenancy agreement) (mother, disabled daughter of the 2nd group and granddaughter 5.5 years old. What shares can the area be divided into when purchasing a home? The mother only agrees to dividing the area 50/50 without taking into account the rights of the child.

In this case, the said claim cannot be filed earlier than three months from the date the owner of the residential premises received the draft agreement on the seizure of real estate for state or municipal needs.

Ensuring the housing rights of the owner of a residential premises when seizing a land plot for state or municipal needs 1. How to get money under a writ of execution when all your accounts are frozen? Convert rubles to...

How to apply

What is required to prepare a deed of gift? And for the sale of this property? In fact, no special documents are needed. For the first case, contact a notary with:

• gift agreement (here provide information about yourself, the recipient and the apartment);
• extract from the BTI;
• certificate from the house register;
• certificate of ownership;
• TIN and SNILS (optional, for insurance);
• passports of the parties (with copies);
• certificates confirming that you have no debts;
• paid duty (2,000 rubles, for close relatives there is no need to pay);
• house plan (indicating the cadastral value of housing).

Basically, that's all. A similar list is prepared for the purchase and sale of real estate that was received as a gift. Only the gift agreement is replaced, accordingly, by the purchase and sale agreement. This is everything that can be useful to you. In fact, just remember one rule - after receiving documents on the ownership of the apartment received as a gift, you become the full owner. You can dispose of your property the way you want. There are no restrictions. Is it possible to sell a donated apartment? Donate? To rent? Yes.

How is a house recognized as unsafe?

The resident should contact the responsible person in the administration, where relocation options are offered. You can refuse one of the options in favor of a more acceptable one. But the best options are offered the first time. Residents of dilapidated houses have the right to prompt relocation if the house is in a life-threatening condition.

The concept of emergency fund is established by law. This is a collection of premises of an apartment building that is subject to demolition based on issued orders. The local administration must provide information about the recognition of the building as dilapidated or unsafe. The object is checked by a commission based on the submitted application. Existing damage and serious breakdowns are taken into account. Since there is no special formula or methodology, each object is considered individually.

Donate

Is it possible to sell a donated apartment? Yes. Is it possible to bequeath real estate received under a gift agreement? Yes too. Is there a possibility to re-gift it? Oddly enough, but here the answer will also be positive.

The thing is that after you enter into a gift agreement with the previous owner of the property, and also receive a certificate of ownership, you will not have any restrictions on real estate transactions. That is, as has already been said, do whatever you want.

In this situation, the deed of gift is drawn up in exactly the same way as in all other cases. No features or pitfalls. It is enough to simply collect a certain list of documents, present them to a notary and sign an agreement between you and the recipient. It's not that difficult actually.

What are the risks for the buyer?

Risks when buying a home in a house to be demolished:

1. Repair costs are not reimbursed upon relocation.
2. The house may be excluded from the renovation program.
3. When signing an agreement to reimburse the cost of the apartment, the period for receipt and the amount of compensation are unknown.
4. Encumbrances, redevelopment, registration of someone else complicate or make it impossible to transfer ownership rights.
5. Indication of the deadline for registering the owner in the apartment to receive a new one.
6. When purchasing living space in a house for demolition in Moscow, you cannot use maternity capital.
7. Sometimes the local administration refuses registration to the new owner. The ban applies to the privatization of housing in disrepair. The decision can be appealed in court.

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There are many risks of ending up without money and without a roof over your head; you need to be extremely careful.