Application for donation of an apartment to a relative. The donation agreement is regulated by law. Do you need a deed of transfer?

A donation agreement is usually understood as a gratuitous transfer of property into the ownership of another person. Most often, such an agreement is concluded between the closest relatives. Usually real estate is donated, from the older generation to the younger. However, property can be donated to any individual or legal entity, with some exceptions.

The popularity of the apartment donation agreement between close relatives is due to the fact that the transaction legally establishes the ownership of the object and protects against claims by other persons, and also saves relatives from paying tax. Today we will look at how to draw up an apartment donation agreement between close relatives, the rules for drawing up an agreement and a list of documents that will be required for this.

What is a donation?

A deed of gift is understood as a donation agreement, which is mentioned in Chapter 32 of the Civil Code (hereinafter referred to as the Civil Code of the Russian Federation). In Art. 572 states that a donation is a gratuitous transfer of property from one person to another. Gratuitousness is a key point, which implies that the giver receives nothing in return. Otherwise, the transaction will be considered imaginary.

Other options for a gift to a close relative:

• exemption from a property obligation (for example, forgiveness of a debt or payment of a debt of the donee to a third party);
• a promise to transfer property as a gift, if it is in writing.

Important! The transfer of property as a gift after the death of the donor is done with the help of a certificate of inheritance and is regulated by the law on inheritance, including section 5 of the Civil Code of the Russian Federation.

Features of concluding a deed of gift with close relatives

What is meant by close relatives?

In ch. 32 says that close relatives are spouses, parents with children (adoptive parents and adopted children), grandparents and grandchildren, brothers and sisters (including stepbrothers).

An apartment donation agreement is recognized as having legal force under the following conditions:

• The contract clearly indicates which object is transferred (its address and detailed technical characteristics);
• The donated apartment must be issued by the donee during the life of the donor, otherwise it will become an object of inheritance;
• Unconditional transfer. The donor must not derive any benefit from the transaction;
• Consent to the transfer of the apartment as a gift from both parties;
• The donee is obliged to keep the transferred apartment intact, pay utility bills on time and not cause harm to the health of the former owner. Otherwise, the donation can be canceled by a court decision.

Under the contract, the apartment is registered with the Federal Registration Service or another authorized state body. After this procedure, the donation agreement can no longer be canceled.

Important! The property transferred as a gift can be unilaterally abandoned, subject to a significant decrease in the standard of living of the donee after the conclusion of the transaction.

Documents for concluding a donation agreement

The contract of donation of a residential apartment between close relatives will require the collection of a number of documents certifying the fact of ownership of the transferred property. Most often, we are talking about a contract of sale and documentary information about the registration of property rights in state bodies. Other possible documents are a privatization agreement, a certificate of inheritance of an apartment, etc.

In addition to the document of ownership, you will need to write application for the transfer of ownership of the apartment and registration of a deed.

Other documents for concluding an agreement on donating an apartment to a close relative (sample package for 2019):

• passports of both parties to the transaction;
• the consent of one of the spouses to donate the apartment (or a document stating that the donor is not married);
• cadastral and technical passport for living space;
• appraised value of the apartment (certificate from BTI);
• an extract from the house register or a certificate from the Criminal Code (to obtain information on the number of residents);
• certificate of absence of encumbrances (for example, arrest of an apartment) and debts for utilities;
• power of attorney to conduct the transaction (if representatives of the parties are involved in it);
• receipt of paid duty (2000 rubles in 2019).

If minors or incompetent citizens are registered in the transferred apartment, then permission from the guardianship and guardianship authorities will also be required. The same permission will be required if the apartment is transferred to minors or incapacitated.

Important! Donating an apartment under joint ownership will also require the permission of the second owner to transfer it as a gift.

What should be included in the donation?

An apartment donation agreement between close relatives is drawn up only in the presence of both parties. You can download a sample contract from the link at the end of the article.

What data in 2019 must be indicated in the document?

• at the top of the sheet in the middle they write the name of the document - “Apartment donation agreement”. Then indicate the date and place of writing the document (city, village, district);
• passport details of both parties, including their registration details and dates of birth;
• information about the apartment (address, floor, living and total area, internal condition of the premises, type of materials used in the decoration);
• details of the documents that establish the ownership of the transferred apartment;
• the cost of residential premises (real, market) is indicated at will;
• an indication of the authorities that will register the donation transaction and the date of registration;
• other information that is usually included in each contract of sale;
• signatures and names of both parties.

A donation between close relatives is always free of charge, so drawing up a separate act of acceptance and transfer is not required. Any indication of compensation will make the donation null and void, that is, unenforceable.

As additional information, sometimes the right of the donor to annul the transaction upon the death of the donee is indicated. Optionally, put the date of the transaction and the date of transfer of the apartment to the property.

Important! After drawing up, the deed of gift is transferred for registration to the department of the Federal Registration Service.

The procedure for concluding a donation transaction

Donating an apartment does not require a large number of documents to re-register it for a new owner in Rosreestr, as in the case of a standard sale and purchase agreement. It is not at all easy to cancel a donation, for this it is necessary to present evidence of fraudulent actions on the part of the donee to the court, or to demand the cancellation of the contract in connection with the attempt on the life and health of the donor or members of his family.

The abolition of a donation in court is also discussed if the donee treats the thing donated to him badly, and this fact has an important, non-material significance for the donor. Separately, the contract may indicate the return of the apartment to the donor after the death of the donee.

Certification of a donation agreement by a notary is not required by law; there are no instructions about this in the Civil Code of the Russian Federation. But if this condition is spelled out in the document itself, then a trip to the notary is inevitable (instructions of Article 163 of the Civil Code of the Russian Federation). The seal and signature of the notary serves as additional protection for the donation agreement for an apartment, in the presence of which it will be much more difficult to challenge its validity through the courts. Therefore, it is still worth certifying the document. Moreover, the cost of this action is much lower than when selling an apartment.

Important! It makes sense for parents to rewrite their apartment to a child born in a legal marriage, so that in the event of their divorce, neither spouse can claim a share in the apartment.

What to do to transfer an apartment between close relatives?

1. Draw up a donation agreement (on your own or with the help of a notary, lawyer, realtor);
2. Pay the state fee for the transaction (in 2019 it is 2000 rubles);
3. Transfer the contract and a package of other documents to Rosreestr. This can be done at its local branch or at the MFC (Multifunctional Center), the presence of both parties to the contract will be required. The term for registration of new property rights is 10 days.

Under the contract, the apartment is registered after the execution and signing of an application for the transfer of ownership of the residential premises. After transferring this application and other collected documents to the state employee, the donee receives a receipt for receiving the papers. After 10 days, Rosreestr will issue an agreement certified by an authorized person. From this moment, the donee becomes the owner of the apartment.

Is tax paid?

Gifting an apartment between close relatives does not require payment of income tax. This is stated in paragraph 18.1 of Art. 217 of the Tax Code of the Russian Federation. The only costs incurred by the parties are the payment of the state duty for the registration of the contract and notary services (when the document is certified). In this case, the recipient of the apartment will be able to sell it without paying a tax of 13% only after three years from the date of entry into force of the contract.

To avoid paying the tax, you will need to collect documents that indicate close family ties between the participants in the transaction (marriage certificate, birth certificate, etc.). In other cases avoid paying a tax of 13% will not work.

The current legislation provides for many options for the alienation of residential premises. Housing can be sold, exchanged, make a will on it. It's no secret that one of the most common civil law contracts in real life is also a donation contract.

People began to give each other gifts on various occasions from time immemorial. True, the gifts were somewhat different. And today there is even a kind of gift-giving culture. For various reasons and without them. Today, donation, especially when it comes to expensive things or real estate, is regulated at the legislative level.

It is clear that everyone dreams of receiving a house or an apartment as a gift, but not everyone can imagine what issues they will have to face and how long it will take to resolve these issues.

In order to reveal in more detail the nature of the gift agreement, it is necessary to refer to the norms of the Civil Code of the Russian Federation. In particular, Article 572 of the Civil Code of the Russian Federation regulates relations arising from a donation agreement.

In general terms, a residential donation agreement can be defined as an agreement under which the owner transfers or undertakes to transfer a dwelling to another person free of charge. In other words, we say with confidence that we have before us a donation agreement: there is no price, and the thing is transferred free of charge, that is, for free. And if in the course of the transaction there is at least some hint of compensation from the donee, the status of the transaction can be radically changed, or it is completely invalidated. That is, we can conclude: if the transfer of housing is accompanied by a counter transfer of a thing or right, then the contract under which this happens will not apply to a gift agreement. By virtue of clause 2 of Article 170 of the Civil Code of the Russian Federation, such a transaction will be recognized as sham.

As a rule, the donation of living quarters occurs between close people (relatives, friends). At the same time, both individuals and legal entities can act as parties to the donation agreement. However, according to Article 575 of the Civil Code of the Russian Federation, donation of residential premises is not allowed:

Legal representatives on behalf of minors and citizens recognized as incompetent;

- employees of medical, educational institutions, social protection institutions and other similar institutions by citizens who are in them for treatment, support or education, spouses and relatives of these citizens;

- civil servants and employees of local self-government bodies in connection with their official position or in connection with the performance of their official duties;

- in relations between commercial organizations.

The donation agreement may not provide for conditions on limiting the rights of the donee as a new owner in relation to the received housing.

You need to know that the donee always has the right to refuse the donated housing before its transfer. This refusal must be recorded in the same form as the contract itself.

Quite often there are circumstances in life when a registered donation agreement can be canceled. The Civil Code of the Russian Federation speaks in detail about these circumstances, namely if:

- the donee made an attempt on the life of the donor, the life of one of his family members or close relatives, or intentionally caused bodily harm to the donor;

- the donated thing is of great non-property value for the donor, and the donee treats it in such a way that there is a threat of its irretrievable loss. In this case, the requirement to cancel the donation must apply to the court. Of course, from the point of view of common sense and considerations of justice, these rules are absolutely justified. Another thing is the implementation of these requirements in practice.

Let us consider in more detail how, in practice, the transfer of residential premises in the order of donation takes place.

The first prerequisite for drawing up an apartment donation agreement is a written version of the design. Note that the contract of donation of real estate does not require mandatory notarization. The exception is:

- transactions for the alienation of real estate belonging to a minor citizen or a citizen recognized as having limited legal capacity, which are subject to notarization;

- transactions for the alienation of shares in the right of common ownership of real estate, including the alienation of all participants in the shared ownership of their shares.

That is, in order to donate an apartment, you need to follow a certain procedure, more precisely, to register the transfer of ownership of the donated property, we recommend that you follow the following algorithm.

Step 1: prepare documents for state registration of the transfer of ownership under a donation agreement

You will need the following documents:

1. Gift agreement (in three copies, one of which remains with the registration authority, and the other two are issued to the parties after registration);

2. Application for state registration;

3. Title document of the donor for real estate;

4. Notarized consent of the spouse, if the property is jointly acquired property;

5. Permission of the body of guardianship and guardianship to give consent by legal representatives to minors aged 14 to 18 years and citizens recognized by the court as having limited legal capacity, to dispose of property;

6. Consent of the mortgagee to the disposal of the pledged property, unless otherwise provided by the mortgage agreement.

You also need to pay a state fee. If the parties to the contract are individuals, then a state fee of 2,000 rubles is paid for the state registration of the transfer of ownership.

Step 2: submit documents for state registration to the offices of the branch of "FKP Rosreestr" in the Omsk region or the MFC

The application and required documents are submitted by the applicant in one of the following ways:

– personally;

- by postal item with a declared value when it is sent, a description of the attachment and a notice of delivery;

- in electronic form via the Internet.

Step 3: Get documents after state registration

The period of state registration of rights should not exceed 10 working days from the date of receipt of the application and necessary documents. After the specified period, you should be issued an extract from the Unified State Register of Rights.

It should be noted that income received by an individual as a gift may be subject to personal income tax. At the same time, the tax base for donations of real estate between individuals can be determined based on the cadastral value of the property received as a gift.

If the donor and the donee, in accordance with family law, are family members or close relatives, then the income received by the donee is not taxed. Close relatives include:

- children, relatives or adopted;

- sisters and brothers who have common parents, incl. consolidated;

- grandchildren, grandfathers, grandmothers;

- spouses.

Very often, people who do not have special legal knowledge often have a question: how does a donation contract differ from a transfer of housing by will? The main differences are:

1. With regard to a gift agreement, the transfer of ownership is associated with the registration of the specified agreement with the registration authority, the ownership right by will passes to the heirs only after the death of the testator. Therefore, you need to give to someone you trust, so as not to regret your decision.

2.Requirement for the form. A donation agreement does not require notarization, unlike a will.

3. A will can be canceled or revoked. Revoking a donation is not easy.

4. For a gift agreement, the presence of heirs of the donor does not play a role.

In conclusion, we note that in order not to become a participant in a civil case on the cancellation of a gift or the recognition of a gift agreement as invalid, it is necessary to know the rules provided for by the norms of the Civil Code of the Russian Federation, at least within the limits of the foregoing.

Victoria Dudnik,

Leading Specialist of the Registration Department

Office of Rosreestr

in the Omsk region,

state registrar.

Children and grandchildren grow up, our parents grow old and there comes a time when it is time to be the first to fly out of the parental nest into an independent life, and it is more comfortable for the older generation to hand over their apartment to their children.

In such cases, most often the older generation changes with the younger place of residence. But how to competently arrange this castling with the help of ?

Benefits of a donation deal

This method of transferring ownership of real estate is the simplest and at the same time has a number of undeniable advantages.

The donation agreement is hard to dispute. other persons, since the former owner is still alive and able to confirm his decision.

At the same time, the former owner of the apartment can appeal the transaction if he can confirm the fact of fraud on the part of the gifted person.

Treaty can be executed through notary offices, and this guarantees the reliability and purity of the transaction. In addition, when drawing up an apartment donation agreement between close relatives, notary services will be inexpensive.

In the case of children living in an apartment, an additional permit for the transaction of the guardianship and guardianship authorities will be required.

Drawing up a donation

To carry out a transaction with a notary Both parties must be present.

Essential terms of the contract

These terms of the contract include all the details relating to the very subject of donation and to the owner of the property. All conditions must be specified in the contract and not be ambiguous. Each clause of the contract must be documented.

When signing a donation agreement, the essential conditions are:

Nuances to the text

The contract is detailed and clear. all conditions must be met donations that may be subject to dispute.

It is worth reflecting the following provisions in the text:

State registration of transfer of ownership

In order to enter into the rights to the transferred real estate, the donation agreement must pass without fail.

This requires the following documents:

• statements of the parties to the contract or authorized persons;
• document confirming;
• originals and copies;
• originals and copies of legal documents.

Moments of recognition of the contract as invalid

Basically a donation hard to argue. the transfer of property is made by a person of sound mind, so the validity of the transaction can be confirmed by the donor at any time. Additional guarantees of the purity of the transaction are provided by its notarial registration.

However, you should remember:

The donor himself is able to challenge the transaction. This can be done in the following cases:

1. If at the time of paperwork one of the parties was deliberately misled.
2. For example, if, instead of the owner, a donation agreement was fraudulently signed for signature.
3. If the donee caused severe bodily harm to the former owner or members of his family, threatened them with murder.
4. If the object of donation is irreparably harmed, which can lead to its complete loss.
5. For example, if the new owner leads an immoral lifestyle, does not maintain the property in proper condition or leads an asocial lifestyle (abuses alcohol, uses drugs), and, accordingly, can cause a flood or fire in the apartment.
6. If in the apartment the recipient of the gift does not carry out the repair of water supply and sewerage networks, electrical networks specified in the contract.

Of course, it happens in court and for this the donor must have strong evidence to cancel the contract.

It is in order to avoid such cases that such the transaction must be executed by a notary. Competently drawn up, it ensures the clear execution of the will of the donor, it cannot be challenged by other heirs, which is why it is so popular.

Video: Transactions between relatives - an apartment as a gift

The video discusses the question of how the owner can give the property to his close relatives free of charge.

The conditions for registration of transactions of donation, purchase and sale, wills, annuities between close relatives are compared and advice is given on which form of agreement and in what situations it is more profitable for the owner to use.

An apartment donation agreement refers to one of the types of GPA and provides for the transfer of a property (in whole or in part) from the first party (the donor) to the second - the donee on gratuitous terms. Such an agreement is signed between close people (relatives), as well as individuals and legal entities.

It is forbidden to donate an apartment:

• On behalf of minors and incapacitated citizens;
• Employees of medical, educational and social institutions;
• Relationships between business firms.

The contract is drawn up in writing with the obligatory entry into the Rosreestr.

Contract of donation of an apartment to a close relative

A contract of donation of real estate to a close relative is a reliable and safe way to redistribute rights to a real estate object (apartment).

For the document to be legally binding, you will need:

• Confirm that the donee belongs to the definition of "close relatives";
• Correctly complete the package of documents;
• Carry out actions aimed at the transfer of real estate.

To draw up a contract between relatives, the following list of documents will be required:

• Statement of the parties;
• Receipt of payment of state duty;
• Documents confirming the identity of the parties;
• Certificate of tax registration;
• Cadastral passport for the apartment;
• Confirmation that the donor is the owner of the real estate;
• The consent of the spouse (wife) of the donor certified by a notary (if any);
• Certificate from the Bureau of Technical Inventory, how much the value of the property is estimated;
• An extract from the house book regarding all residents of the apartment.

Agreement of donation of a share of an apartment

The homeowner can draw up a donation agreement for a share of the apartment. In this case, the donor must have full legal capacity and be at least 14 years old.

The legally binding document includes the following information:

• Date and place of signing the contract;
• Full name, year and month of birth, passport data, registration of the parties;
• The subject of a donation with a display of the size of the share and the address of the house;
• Rights, duties and responsibilities of the donor and the donee;
• Information about the people living in the apartment.

A deed of gift can be issued for a minor child and must be certified by the signatures of the donor and the donee through a legal representative.

How to draw up an apartment donation agreement

The deed of gift is issued with notarization or independently in writing. When the donor is not a close relative of the donee, he pays 13% of the OS tax. Refusal of the donated real estate is made in writing and must be registered with the relevant government agencies. The signing and registration of the agreement takes place in the relevant state structures:

The signing and registration of the agreement takes place in the relevant state structures:

• Cadastral and registration chamber;

Sale of an apartment under a donation agreement

When selling an apartment that was transferred free of charge as a gift to a son, the daughter will need to pay personal income tax. No tax will be required if the property has been owned for more than 3 years or was donated by a person who belongs to the category "Close relative".

You can download a sample apartment donation agreement drawn up by a qualified lawyer on our website. We also have many forms of various documents with an example of their correct filling. Thanks to a convenient search, it will not be difficult to find the required form.

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If you did not find the answer to your question or there are misunderstandings, please contact a lawyer for a free consultation in the chat on our website

Apartment donation agreement

In fact, there is no term of gift in the law, but there is a donation agreement. And often people think that donation is a one-way deal, that is, a person only needs to give. But a gift agreement is a bilateral agreement, because the donee may not accept the gift. It turns out that for donation, both the desire of the donor and the consent of the donee are required, that is, two parties.

Dmitry Kornev

The second feature of the donation agreement is gratuitousness. If the recipient of the gift performs any counter actions on his part, for example, transfers money in return or donates his property, this is no longer a gift, but an insignificant or feigned transaction. In fact, such a transaction becomes already a sale or exchange, but not a donation.

Let's figure out what should be in the donation agreement and in which case a notary will be needed to draw it up. If there is no time to read the entire article, you can download our apartment donation agreement form and fill it out on your own behalf. But this is only if you do not need a notary.

Making a donation for an apartment

Features of a donation for an apartment

Contract form. According to the law, a donation agreement can be concluded either orally or in writing. But if you are going to donate real estate, you must definitely draw up an agreement in writing and register the transfer of ownership in Rosreestr. If the contract is not in writing, it is considered invalid, and if it is not registered, it is not concluded. You can't just transfer the documents to the apartment.

Notarial certification of the contract in normal cases is not required. A notary is needed if not the whole apartment is donated, but, for example, only a room. Or if the apartment has several owners and only one of them wants to donate a part to someone else. A notary is also required if the owners of the apartment or part of it are minors or the donor has limited legal capacity.

From July 31, 2019, the rules on the mandatory participation of a notary in transactions with shares have been changed. If the donation of all shares takes place in one transaction, a notary is not needed. All apartment owners can donate their shares under a donation agreement without the participation of a notary. A notary is still required only if the share is donated by only one of the owners.

What are the requirements for the participants in the transaction

There are mandatory requirements for the donor:

1. Legal capacity. The one who is aware of his actions and controls his actions can give. For example, a minor cannot donate his share in an apartment.
2. Mental health and action awareness. A gift may be invalidated if the person gave under pressure or did not realize what he was doing.
3. Ownership. A person should own what he gives.

Gifting real estate between two legal entities is prohibited - that is, one company cannot donate another office. But if the office belongs according to the documents to the director, and not to the company, the director can donate it to another company. And vice versa: a company can give an apartment to its employee.

What documents are needed for registration

To draw up a donation agreement, you will need the following documents:

1. Passports of the parties to the agreement - the donor and the donee.
2. Documents that confirm the rights to the apartment - a certificate of ownership or an extract from the USRN.
3. Sometimes they may ask for a technical passport, but usually it is not needed. It will definitely be needed if they give an apartment that was privatized, but not put on the cadastral register. This happens with old apartments owned by older people.

By law, it is not necessary to draw up an act of acceptance and transfer without fail. But it is better to draw it up - this will allow you to avoid mutual claims and problems if the signing of the contract and state registration are significantly spaced apart in time. Although the donation agreement is considered concluded from the moment of registration of the transfer of rights, the transaction itself is considered completed from the moment the gift is transferred to the donee.

For example, the donor signed a donation agreement and an acceptance certificate, but did not have time to register the transfer of ownership, because he died. The act will help to prove that the actual possession has passed to the donee and register the contract in court.

Where to apply for an apartment

Contact a realtor or lawyer. They will draw up a contract themselves, and the parties will only have to sign it. Lawyers, as a rule, are much cheaper, and the likelihood that they will draw up a contract correctly is greater.

Issue a deed of gift at the MFC. Some MFCs have separate commercial services that fill out contract templates for a small fee. For example, in Moscow or St. Petersburg these are services at the Unified Document Center.

I already wrote when a notary is required. For other cases, a donation at a notary can be issued at will.

On one's own. To do this, you need to download and fill out a simple written contract form. I will give it below and explain how to fill it out correctly.

How to save, spend less and earn more

How is the registration of a donation

The procedure for drawing up a donation for an apartment at a notary. With notaries, everything is simple - bring documents, pay money and sign an agreement. The notary is required by law to explain to you every word in the contract if it is not clear. A notary can also register the transfer of rights to an apartment - and much faster than if you go on your own. When a transaction is executed by a notary, he without fail provides services for the electronic registration of the transfer of ownership, that is, he submits all the documents for you to Rosreestr. And it's much faster than doing it yourself.

Sample fill. If you decide to draw up a contract yourself, download and fill out the template. Here's what you need to specify:

1. Name and details of the parties. These include passport data and registration. Moreover, registration should be indicated strictly the same as in the passport, including the abbreviations used.
2. Details of the apartment: address, cadastral number, entry number in the USRN and the date of its assignment, as well as the grounds for the emergence of rights to the apartment - contracts of sale, donation, etc., acts of acceptance and transfer. If the apartment has a certificate on stamped paper, you should indicate its series, number, as well as when and by whom it was issued.
3. Signatures of the parties are recommended to be deciphered in full: full name in words and signature.

How much does it cost to make a donation for an apartment. The cost consists of several parts: drawing up a contract and state duty for registration.

How much does it cost to make a donation for an apartment. The cost consists of several parts: drawing up a contract and state duty for registration.

Realtors rarely charge less than 10 thousand rubles for a contract, and lawyers can do it for 5 thousand. There is no single price here, and everything depends on the prices of the performer.

Notarization of the contract costs more: 0.5% of the cost of the apartment (or share in the apartment), but not less than 3,000 rubles, plus about 4,300 rubles for technical work. That is, at least not less than 7300 rubles will come out. The tariff for technical work differs by region and is set by the notary chamber of the region. Since February 2019, there is no need to pay a notary for the electronic submission of documents for registration of the transfer of ownership - now they do it at no additional charge. Prior to that, it was necessary to pay separately for the certification of the contract and for the submission of documents to Rosreestr.

Specialists in the MFC are much cheaper than lawyers, a notary, and realtors. As a rule, they ask for within 2 thousand rubles, but not in every MFC. in Moscow and St. Petersburg this service costs 2500 rubles. If you draw up a contract with them, the transaction will be registered in the usual time, unlike a notary.

Prices for drawing up a donation agreement

Through a realtor

What is the price

from 10 000 R

Registration deadlines

up to 10 days

Through a notary

What is the price

from 7300 R

Registration deadlines

At the lawyer

What is the price

from 5000 R

Registration deadlines

up to 10 days

At the MFC

What is the price

from 2000 R

Registration deadlines

up to 10 days

State duty for registration of the transfer of ownership - 2000 R. Usually it is paid by the donor himself through public services or through MFC terminals. The MFC usually has a consultant who will tell you how to pay correctly and on what details it is better to pay. You can also pay the fee through the bank.

If the donor is married, a notarized consent of the spouse is required to conclude a donation agreement. It costs about 1800 rubles.

If the donee is not a close relative, he will have to pay personal income tax after he receives the gift - 13%. We have already written about

Issue a deed of gift at the MFC. In order for a gift agreement to be considered concluded, it is necessary to register the transfer of ownership from the donor to the donee. To do this, you need to contact any MFC that provides Rosreestr services. Moreover, you can choose the MFC of any city and not be tied to the place where the property is located.

The MFC will need the following documents:

1. Passports of the parties - the donor and the donee.
2. Application for registration. It will be prepared by the MFC specialist when applying.
3. Title documents for the apartment from the donor. These are documents on the basis of which the donor acquired the right of ownership of the apartment, for example, a contract of sale or a privatization contract.
4. Permission from the guardianship authorities if the donor is a minor or has limited legal capacity.
5. Consent of the spouse if the donor is married.
6. Receipt of payment of state duty 2000 R.
7. Gift agreement in triplicate. If there are more than two parties to the contract, for example, two donors or donee, the number of contracts for registration must always be one more than the number of parties in the contract. This is due to the fact that one copy remains in the Rosreestr archive. If one of the parties loses the contract, it can apply to Rosreestr to restore it.

Your documents will be accepted and a receipt will be issued. According to the general rules, a contract is registered within 10 working days, but in practice it usually turns out earlier. After registration, the donee can come with a receipt to the same MFC and receive an extract from the USRN. It will indicate that he is now the owner of the apartment. The donor does not have to come.

If the donation agreement is notarized and submitted for registration in electronic form by a notary, the registration period is reduced from ten to three business days. This is due to the fact that the Rosreestr standard for registering notarial transactions is one day, and the notary sends documents for registration to Rosreestr within a day from the date of certification. Therefore, you can get the registered contract back in two days.

If you need an extract from the USRN, you will have to pay for it separately. Since registration through a notary takes place in electronic form, the notary also receives an extract from the USRN with new data in electronic form. If the donee needs a paper statement, the notary certifies the electronic one for 300 rubles.

What are the validity periods of the donation

You can sign a donation agreement, but not register the transfer of ownership. Since the donation agreement does not have an expiration date, you can refer it for registration at any time. But if the donor is married - most likely, you will have to update the consent of the spouse.

Until the transfer of ownership is registered, the donor will remain the owner. Accordingly, he bears all the costs of maintaining the property and pays property tax. As soon as the right of ownership passes to the donee, the obligations for maintenance and taxes also pass to him.

The donor may cancel the donation. But this requires strictly defined conditions - if the donee has attempted on the life of the donor or his close relatives. It is impossible to simply take and cancel a donation if the transfer of ownership has already been registered, only through the court.

Is it possible to challenge the donation and how?

You can dispute the donation. First of all, this applies to spouses, when one, for example, gave an apartment without the knowledge of the other. But this rarely happens. As a rule, state registrars do not accept documents if there is no notarized consent of the spouse for donation. In any case, a donation can only be challenged in court and only within the limitation period - from one to three years, depending on the grounds for challenging. This is complicated and

The deal can also be challenged by arbitration managers in bankruptcy cases of an individual and bailiffs if the donor has debts under court decisions that could be covered by the donated real estate.

Pros and cons of making a donation for an apartment

If you want to make a deal between close relatives, it's easier to give. If relatives are not close, donation is unprofitable. It is technically possible to disguise the sale and purchase of a donation, but this is illegal. And such a transaction can be recognized as sham, and the court, at the suit of the interested person, is invalid.

Such cases often occur when an apartment has several owners and one of them gives his share to an outsider. But in fact, he does not give, but sells. Other owners by law have a pre-emptive right over all other buyers to purchase this share. But the seller tries to circumvent this right by disguising the sale as a donation. Therefore, if you buy a share through a donation, there is a risk of ending up in court and learning about the invalidity of the contract. In this case, the share will have to be returned to the seller, and he, in turn, must return the money he received for it. But by this time they may no longer be.