Dacha donation agreement (sample, form)

Many owners of landscaped garden plots, especially the elderly, are interested in how to draw up a deed of gift for a dacha, and without extra costs.

A dacha donation agreement is a legal document establishing the transfer of ownership of a land plot and all buildings on it without any compensation or compensation to one or more persons and organizations. Compiled entirely voluntarily. It is prohibited to make personal demands or make claims.

Terms of preparation

Drawing up a dacha donation agreement requires compliance with the conditions prescribed by law. In case of violation, it is canceled. The deed of gift loses legal force if:

the donor has not reached the age of 18 or is declared legally incompetent;
when transferring the object of donation to persons who, by the nature of their official activities, provided services to the donor (medical personnel, employees of social services and educational institutions);
registered to an employee of a government or other organization;
drawn up between commercial entities.

Important! If the recipient has not reached the age of majority, the presence of the child, guardian and donor is required during the donation procedure. To carry out the procedure legally, you must present the child’s birth certificate. Guardians are required to confirm their consent to accept the item of donation in a written statement.

The object of donation, subject to a special clause, can be transferred within a certain period after signing the agreement. If the donor dies during this period, the transaction loses legal force. The transfer of rights to real estate must be documented before the death of the customer.

Deed of gift: concept

A deed of gift is a legal document that confirms the gratuitous transfer of movable or immovable property (worth more than three thousand rubles) from one person (testator) to another person (heir).

If property whose value is less than three thousand rubles is transferred by inheritance, then according to the Law, its transfer does not have to be documented and can be carried out in the usual form.

A distinctive feature of the deed of gift is the condition of the absolute gratuitousness of the transfer of property. What does it mean? By transferring personal property to an heir, the testator no longer has to lay claim to it or dictate how it will be disposed of in the future. If this happens, the transaction will be considered invalid (Part 2 of Article 572-582 of the Civil Code of the Russian Federation).

Read more: Application for issuance of a repeated birth certificate

Read about the cases in which a deed of gift can be revoked here.

The form of the deed of gift does not have a clear established form, so it can be drawn up either in any form or according to an approximate sample, which can be downloaded below.

In order for a completed deed of gift to gain legal force, it must be registered . You can register a deed of gift through a notary.

Design options

The donation agreement for a summer cottage is drawn up in several ways:

independently compose in written or oral form;
personal registration followed by a trip to a notary organization for approval of the document by a specialist;
take full advantage of the qualified assistance of a notary.

According to Article 574 of the Civil Code of the Russian Federation, an oral form of agreement is permitted. Choosing this option does not carry legal guarantees; in case of any disagreement, it will be impossible to prove your right to a dacha in court.

Design methods

There are two ways to complete the transaction: yourself or with the help of a notary. Each method has its own advantages and disadvantages. To make it easier to choose which one is best to use, you should consider each in more detail.

Independent registration of deed of gift

A deed of gift for any type of property can be drawn up independently in writing. The same applies to donating a dacha. To complete a transaction, both parties involved in it draw up and fill out the document independently. But before you do this, you should study the standard form of the contract.

Read more: How to change a fixed-term employment contract to an open-ended one

Mandatory items that must be included in the deed of gift are:

passport details, full name, residential address and other information about the donor and recipient;
information about the dacha and land plot. The document should indicate the address of the location of the residential property, its area and number of floors, and the characteristic features of the land plot on which the building is located. If the contract lacks the necessary data or is incorrect, the transaction will be considered void and cancelled.
the date of transfer of ownership rights, if they are not planned to be transferred in the near future. The gift agreement may contain a promise to transfer the dacha and plot in the future;
signatures of the parties to the transaction.

This package of documents consists of:

Technical passport of the dacha;
Cadastral plan of the plot of land on which the house is located;
Certificates of state registration of ownership rights to the donor's dacha;
A title document confirming the property rights of the donor.

The correctness of the specified data in general documents and the gift agreement itself is the main factor in the legitimacy of the transaction.

After the deed of gift has been signed, the procedure for registering the donee’s proprietary rights to the donated real estate should be carried out.

To do this you should:

contact the registration organization at the location of the summer cottage;
fill out an application for registration and submit a complete package of documents; After an employee of the organization receives the documents, he will issue a receipt and inform the date and time when the donor will be able to pick up the completed certificate.
pay the state fee for the registration procedure;
on the date set by the employee of the organization, come with a receipt and receive your documents along with the finished certificate.

The registration procedure may be refused if an incomplete package of documents is provided or if there are any legal violations. The refusal is always supported by a reasoned conclusion, drawn up in writing.

If the donee is not a close relative of the donor, then he will be required to pay a tax fee of 13% of the value of the property. This rule does not apply to close relatives.

Registration of a transaction with the help of a notary

If the donor and the donee decide to resort to the help of a notary, then the specialist will help them draw up a contract for donating a dacha, taking into account all the legal requirements for the document. It is not necessary to contact a notary, but many still do this in order to eliminate errors when drawing up the document and to obtain guarantees that the deed of gift will be undeniable in court. The specialist is engaged in drawing up the contract independently. For this purpose, he asks the parties to the transaction to provide him with documents for land and country house construction, as well as passports of the donor and the donee. The notary independently carries out state registration of the gift deed.

When contacting a notary, the parties to the transaction will incur additional costs in the form of:

payment for specialist services;
state fees for notarization of the contract;
state fees for registration of property rights, which should be transferred to the notary so that he can pay it at the request of the registering organization;
property tax if the donor and donee are not closely related.

Registration through a notary office

The law does not regulate the mandatory approval of a gift document by notarial authorities; this is determined solely by the desire of the customer. But turning to professionals guarantees the confidence that the operation will be carried out correctly. The notary is obliged to check the legality of the transaction, its authentic execution, and keeps one copy of the agreement in his possession. In case of litigation, if a document is lost by one of the parties, the notary’s copy will play a decisive role. The advisability of visiting a notary, according to legally savvy people, exceeds the material costs of his services.

It is possible to order all documentary operations, as they say, “turnkey” from a special legal organization. It is required to provide a full package of documents; those that are missing are prepared according to the law, fill out a deed of gift form and register it with Rosreestr. They issue fully completed documents to the donor and recipient.

Mandatory package of documents

To go to a notary you need to collect:

original and duplicate identity cards of all participants in the process (sheets with photographs and registration are important);
legal documents for the dacha: sales and purchase agreements, deeds of gift, inheritance, court decision;
a duplicate of the cadastral plan for a land plot with a specific registration number.
certificate for registration of a dacha or confirmation of the right to build buildings.
technical passport for country houses.
a legal entity is required to submit a certificate from the Unified State Register of Legal Entities.

Inheritance of several real estate objects

You can inherit any real estate: dachas, cottages, apartments, land plots. An exception to the rule established by law, according to which, for example, country real estate, land and water (ponds and lakes) are inherited, is only something that is determined by the personal characteristics of the one who transfers the inheritance. As an example - plans, religious beliefs, the need to pay alimony.

But the rights of the heir or heirs regarding membership in commercial and non-profit associations may well be inheritable. Let's say we are talking about a garden plot - real estate here is most often small country houses - you can inherit it, and the process of transferring rights does not take much time.

The plots for construction (individual housing construction) purchased by the testator are also inherited - the problem is only by whom and to what extent (share). In cases where difficulties arise in determining who should inherit a particular piece of real estate, it makes sense to turn to the Civil Code of the Russian Federation. It spells out in sufficient detail all the instructions on the right of priority in the matter of receiving an inheritance in the form of real estate.

However, it should be taken into account that there are some restrictions on the inheritance of country real estate: they are stipulated either by the charters of commercial and non-profit organizations, as well as by special legislative acts - created precisely to describe special cases of inheritance.

Thus, problems may arise when trying to transfer the land around the house to children by will, if it was only leased and not owned. In this case, if the owner had other relatives besides the heir, you should be prepared for the fact that registering an inheritance could turn into a real headache.

Therefore, before you start registering an inheritance for a dacha or plot of individual housing construction, SNT or private subsidiary plots, it is worth carefully studying the Civil Code, in the part where inheritance issues are considered.

Sale of land on the Cape near the Volga 88 acres, 165 km from the Moscow Ring Road VIEW

Material compensation

Payment for a qualified specialist includes a constant amount for a given type of operation in a given company and a percentage premium on the actual cost of the object. Additional documents are required with the cadastral value of a plot of land with all buildings. To calculate the amount of payment - a percentage of the cost of the dacha: cadastral passport, extract from the house register, technical plan of the BTI.

Next, the notary specialist draws up the deed of gift according to the wishes of the donor and observes it until it comes into force.

If the deed of gift is issued for a dacha with a plot of land

In practice, a deed of gift is issued not only for the dacha itself, that is, the house, but also for the land plot itself.
It is possible to legally formalize such a gift transaction in the case when both the house and the land plot are owned by the donor. Information about this is contained in the Unified State Register, you can request an extract about this. Important! If you own a plot of land and you have built a country house on it, then you must immediately register ownership of it. Otherwise, you will only be able to donate land.

In the donation agreement, it is necessary to formulate as clearly as possible the parameters of the built house and the land plot itself, its land survey boundaries, and what category of land it belongs to.

After registration is completed, two extracts from the Unified State Register are issued, the first for the house, the second for the plot of land on which the house is built. It is these documents that will confirm the ownership rights of the new owner.

Donation agreement

Important! Information is entered into the donation agreement, according to the norms of the Civil Code of the Russian Federation, in full, in accordance with the approved procedure according to identification documents. Otherwise, registration will not take place.

donation agreement for a land plot with buildings

The deed of gift for a summer cottage strictly contains:

FULL NAME. donor, passport number or other identification document, date and place of birth, actual residential address;
city of the transaction and date;
specific real estate data (place of registration, material for constructing country houses, their sizes, number of rooms, communications, information about the land plot);
a document certifying the acquisition of an object of donation for individual use (purchase and sale, inheritance, privatization sheet);
data on the absence or presence of various onerous agreements on the donated property. For example, there is no debt, arrest, or collateral, the lease has been issued to strangers;
a certificate from medical institutions confirming the legal capacity of all participants in the case;
original details and handwritten signatures of the parties confirming them.
at the request of the designer, the commercial price of the dacha is indicated and unacceptable actions when using the dacha are entered.

The required number of copies is determined by the number of participants in the process and an additional copy for registration.
When drawing up a document for several persons, a deed of gift is drawn up in a standard form indicating the shares of the recipients (of equal value or others at the discretion of the customer). It is necessary to determine the size of the shares for each person included in the agreement, having previously established the appropriate boundaries of the new plots in the boundary plan.

Important! In the case of donating a dacha to several persons, do not forget to determine the form of future ownership: joint or shared ownership.

How to register a donation of a dacha

Any real estate transactions require appropriate registration. Giving a dacha is no exception.

A dacha is a plot of land with beds, trees and, of course, a country house built on the plot. The two named objects relate to real estate. This is confirmed by paragraph 1 of Article 130 of the Civil Code (hereinafter referred to as the Civil Code), from which it follows that plots of land and everything that is firmly connected with it - buildings, structures, including country houses, are immovable things.

Consequently, all the same requirements and rules apply to the execution of a dacha donation agreement as to the donation of any real estate. The main condition for this remains that the donor has documents confirming and establishing his ownership rights to the object of donation.

Registration procedure

As we have already noted, a deed of gift for a dacha is drawn up in writing. And although the provisions that previously required notarization of real estate donation transactions have been removed from the Civil Code, very often this becomes a necessity if the parties have even the slightest doubt about its consequences

And not everyone manages to draw up a document correctly, without errors, without missing some important factor in its content

Additionally, since the gift agreement regulates the procedure and conditions for the transfer of a summer cottage, its validity and the completion of the transaction as a whole depend on whether it is drawn up correctly. All points of the agreement must be clear, specific and unambiguous.

However, the deed of gift must contain as much of the following information as possible:

information about the parties to the transaction, their passport details and addresses of residence;
the donor’s intention to give and the recipient’s consent to accept the gift;
detailed description of the object of donation (dacha) - address of the location, information about the land plot on which the country house is built, the area of each property separately, their cadastral numbers, technical characteristics of the building (what material it is made of, number of rooms and utility rooms, condition and so on.);
an indication of title documents confirming ownership rights to real estate;
information about the absence of an encumbrance on it or other restrictions on its use;
an indication of the legal capacity of the parties to the transaction;
information about other owners of the dacha (if available);
determination of the rights and obligations of the donor and the donee, their responsibilities;
indication of the period for transfer of ownership of the dacha;
grounds for termination of the gift agreement;
signatures of its parties.

The next stage of concluding a gift transaction after execution of the document itself is state registration of the transfer of ownership rights to the objects of donation from the donor to the donee. For this purpose, both parties are sent to the registration service, where each of them draws up a separate application. Together with the collected package of documents, signed applications are submitted to the registrar, receiving a receipt in return.

Information After conducting an appropriate examination of the submitted documents and checking the legality of the transaction, for which the law provides for 10 days, at the time appointed by the registrar, the donor and donee are given their copies of the gift agreement with a registration mark, and the donee is given a certificate of ownership of the real estate.

Required documents

Currently, if the title documents on the donor's ownership of real estate are properly registered, then many documents that were previously submitted for registration without fail are no longer necessary. But since the registration service has the right to request any of them in each specific case, it is better to have with you all the papers relating to the gift transaction and the subject of the agreement.

The package of necessary and additional documents includes:

a receipt or check for payment of state duty (this is the first thing required);
passports of the donor and recipient to verify their identities;
three copies of the gift agreement (or four if the deed of gift was certified by a notary);
title and title documents for property;
cadastral passport for real estate;
power of attorney confirming the authority of the representative of the party to the transaction;
notarized consent to donate the joint property to the participant;
permission from the guardianship and trusteeship authorities for the transaction if the property belongs to a minor under 14 years of age and the consent of parents or guardians if he is between 14 and 18 years old;
and others.

State registration

10 days from the date of the transaction are given to submit the deed of gift to Rosreestr. The registering organization will additionally require a tax payment receipt, and may request other necessary documents. The complete transfer of ownership of the dacha is recognized after all participants in the process of signing the transfer act containing a detailed description of the property. The registration period takes from 10 days to 1 month. In connection with new amendments to the law, an extract is issued confirming the right to the specifically donated property.

Peculiarities of registration of deed of gift among close relatives

A deed of gift for a dacha between close relatives is drawn up according to the standard scheme, but with an additional clause recording the close family relationship of the parties (attach a marriage or birth certificate). Close relatives are considered to be brothers (sisters) of one or both parents, natural and adopted children, grandchildren and, accordingly, their parents and grandparents.

The main advantage of signing a gift agreement between relatives is that there is no income tax to pay on the dacha.