Of course, a lot becomes clear when you fully study and become imbued with the registration procedure. But here everything is not so simple.
Not only do you need to know, understand and be able to determine all the individual nuances, you also need to know where exactly the papers are being submitted so that everything is completed properly.
But it’s true, when all the papers have been collected, consents have been received (read about the need for consent to make a gift from the second spouse or co-owner), and the property is prepared for transfer, the last question that arises for the owner and donee is where to go for the proper registration? We will talk about this in as much detail as possible in this article.
You can learn about the pros and cons of an agreement on the transfer of property as a gift, as well as its types, and what is better to draw up: a donation or a will, from our articles.
About the opportunity
Is it possible to issue a deed of gift for living space at the MFC?
The gift transaction is notable for the fact that one party acquires something as its own property, in our case, real estate in the form of an apartment, and the second party makes the gift completely free of charge .
This seems unthinkable to many, but it is actually very convenient and beneficial when it comes to loved ones. Two entities take part in the procedure, one of which alienates the property, and the other accepts it.
If you want to study this in more detail, you should definitely refer to the civil code . It is this regulatory legal act that contains all the information about transactions that are allowed in civil circulation in our country.
It would seem that everything is simple - you come to an agreement with the donor, draw up an agreement, discuss the nuances and, lo and behold, the result is achieved. But in addition to discussion between the parties, the agreement also needs to be certified.
And not just certification, which can be easily arranged by a notary, but with appropriate registration and registration.
The state must be notified of your plans for the property and any changes in ownership must be properly reflected. One way or another, the agreement is formalized by the relevant authority.
It is generally accepted that the competence of the Rosreestr body includes the appropriate registration of the donation transaction. But, as a rule, there is only one Rosreestr per district; there is always a huge queue, which means that the chance to complete the procedure quickly disappears before our eyes.
Therefore, the state needed to involve another body in order to relieve Rosreestr and also give citizens the opportunity to resort to registration without waiting in long queues.
Multifunctional centers have taken over the role of assistance from Rosreestr
You can find out whether a donated apartment can be sold, donated or returned on our website.
Who should attend?
When registering a deed of gift for an apartment at the MFC, both parties must be present .
This is done to once again make sure that the parties have given consent .
So, if it turns out that the country did not intend to take part in the donation and did not sign the agreement, this is a reason to contact law enforcement agencies.
Read our articles about how to revoke an apartment donation agreement in a timely manner, as well as how to terminate it by agreement of the parties or in court.
How to Register a Deed of Gift for an Apartment Between Close Relatives in the MFC
- An MFC employee will check the list of documents and draw up applications for registration of rights, which the donor and recipient must sign. If the donee is under 14 years old, then the application is signed for him by one of the parents (guardians), if between 14 and 18 years old - both the donee and one of the parents.
- After signing the applications, the MFC employee will pick up the documents (except passports), give each party a receipt for these documents and set a date when they can be picked up. The received documents are sent to the registrar. All that remains is to wait for registration.
- a document confirming the identity of the applicant or representative (if the application is submitted by his representative), in the latter case also a document confirming the authority of the representative. Please note: it is necessary to be present with identification documents of both the donor and the donee, or their representatives.
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Where to begin?
So, you have decided to formalize the donation and for some reason cannot contact Rosreestr directly.
Now you have your sights set on a multifunctional center and are already preparing the relevant papers for this, but what else needs to be done in order to properly carry out the preparatory work ?
So, the first thing you need to do is discuss the details with your opponent again. Remind him about the joint appearance at the MFC, tell him that you are going to finalize the deal in the near future. If your opponent agrees to all the conditions, move on to the next stage.
The next stage includes checking the property for utility debts registered persons (read about special cases of donation).
It is quite possible that the future owner will not want to take an apartment with an encumbrance.
If you are not going to write anyone out, this situation should be discussed with the future owner.
Find out also about the features of donating an apartment with a mortgage, as well as with the right of lifelong residence of the donor.
Agreement for donating an apartment through the MFC in 2020
The donation transaction can be carried out on the basis of a power of attorney. The necessary documentation must be completed in accordance with all applicable laws. 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 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.
What documents are required?
To register an agreement with the MFC, you must have with you :
- Passport.
- Donation agreement.
- Certificate of ownership of real estate.
- Technical documentation.
- Certificate from the BTI on the composition of those registered.
- Certificate of absence of debts.
- If the owner is someone else, then his consent to the transfer of real estate.
- Receipt for payment of duty.
- Receipt for payment of tax, if not between relatives.
Where and how to submit? Papers are submitted to the multifunctional center on any weekday. It is necessary to have copies of papers with you, and it is also advisable for all participants to appear.
The procedure for registering a deed of gift for an apartment between relatives in 2020
- date and place of drawing up the agreement;
- data from the passport of the parties to the transaction;
- what address is the apartment located at?
- what is its area and on what floor is it located;
- list of title documentation;
- name of the body that carried out the registration;
- date of registration;
- conditions of gift.
- Collecting documentation and submitting it to the notary.
- Drawing up a deed of gift.
- Signing the agreement.
- Payment for the contract and acceptance of documents by the notary.
- Receiving a receipt for documents acceptance. Beginning of execution and registration of the transaction.
- Issuance of a certificate. Each participant is given a copy of the agreement.
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Receipt times and cost
Despite the fact that the center in fact fulfills the duties of Rosreest, it takes a little longer for this body to formalize the transaction.
Therefore, if you applied to Rosreestr, you would have the ownership documents in your hands within three to four days, whereas in the case of a multifunctional center - only after a week.
The cost of the state duty will be three hundred rubles, but do not forget that this transaction is taxable, which means that if it is not carried out between close relatives, then thirteen percent of the total amount is subject to payment.
Find out on our website about the difference in the cost of a deed of gift for an apartment to a close relative, for an apartment owned for less than 3 years, as well as the cost of registration with a notary.
Agreement for the donation of an apartment between close relatives in 2020 at the MFC
A donation is a gratuitous transfer of property from one person to another, but subject to a number of conditions and requirements. The transaction must be in writing, otherwise it will not have legal force. You can donate your property to a close relative, but the recipient can also be a stranger. Article 217 of the Tax Code states that the transaction is subject to tax in the amount of 13% of the value of the gift. In the case of donating housing to family members, this rule does not apply; relatives are exempt from tax obligations.
An equally important issue is the timing of registration. The registration chamber has 10 days to consider the application and issue a certificate. An additional 3-4 days may be required to send documents from the paper collection point to Rosreestr and back.
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When can they refuse?
Employees may refuse
- You have not provided the necessary documents and now you need to deliver them in order for the transaction to be registered.
- You are not the only owner, and the second owner did not give his permission to the transaction.
- The contract itself was drawn up incorrectly; it contained errors and other inaccuracies in wording.
You can find out in what cases an apartment donation agreement can be declared invalid from our article.
Gift deed for an apartment through the MFC
Then, employees of the Registration Board or the Multifunctional Center take the documents and their copies, in return for which a receipt is issued to each of the parties, indicating the list of documents taken from them for registration actions, as well as the date when they will need to appear to receive the prepared documentation.
Multifunctional Center Services have introduced electronic queues. While waiting for your turn, it is possible to pay the state fee directly on site using the terminal. The information stand contains the necessary details and other information. As a last resort, the data can be clarified by a specialist.
