How to correctly draw up a donation agreement for a garage built next to the house or in a garage cooperative?

In the section on the deed of gift, we are often asked how to draw up a deed of gift for a garage in 2021 and whether there is a way to save on the procedure, within a short period of time and without violating the law. A practicing lawyer and constant author of the Legal Ambulance website, Oleg Olegovich Ustinov, will tell you about all this, as well as about important nuances, ignoring which can lead to loss of property.

So, first it is worth noting that, according to the letter of the law, a garage is included in the category of real estate, which entails conditions and rules for its transfer specific to real estate transactions. At the same time, the donation of this object today requires mandatory official registration, which is regulated by information from paragraph 3,574 of Article of the Civil Code of the Russian Federation, namely, “Form of the gift agreement.”

This concept includes not only the execution of a deed of gift in accordance with all the rules established by law, but also the mandatory registration of the property under the name of the new owner in Rosreestr.

Is it possible to donate a garage using a deed of gift?

Donation of a garage by deed of gift is permitted. A parking space, a separate standing building or a room located under or in a residential building are also donated, if there are title documents.

The transaction must meet the following requirements:

1. The donor has the right to own the garage.
2. Together with the garage, the land plot where it is located also becomes the property of the donee. Donating two objects separately is unacceptable.
3. Absence of a counter condition for the transfer of money.
4. You cannot give real estate with the condition that the right passes after death - inheritance rules apply.
5. Donation is not allowed under the condition of the donor's lifelong maintenance by the donee - in this situation, annuity standards are relevant.

You can draw up a gift agreement for a garage in the future, where the property will become the property on a specific date or after the occurrence of a certain event: the recipient’s wedding, graduation from university, etc.

According to Art. 130 of the Civil Code of the Russian Federation, a garage is recognized as real estate, and on the basis of Art. 574 of the Civil Code of the Russian Federation, the deed of gift is drawn up in writing, and the transfer of rights is subject to state registration. The recipient has the right to refuse the gift.

Briefly: you can donate a garage, but you need to draw up a written agreement and re-register ownership in Rosreestr. A conditional transaction is not allowed; it is completely free of charge.

What should you consider when donating a garage?

In certain situations, a transaction for the gratuitous transfer of real estate may be declared invalid. This happens if:

• the decision to donate the garage was made under pressure - this is very difficult to prove by challenging the deal in court, but if there is indisputable evidence, then there is a chance;
• the donor is incapacitated;
• the contract was drawn up in violation of the requirements of current legislation;
• the donee has committed criminal acts against the donor or members of his family;
• the transaction is feigned - this means that in fact there was a sale or purchase or exchange, and the parties decided to draw up a deed of gift;
• it is impossible to identify the subject of the agreement - the agreement must clearly state which garage, what area and at what address is transferred to the donee.

Expert commentary

Shadrin Alexey

Lawyer

Often, a gift agreement is signed between close relatives. Such transactions are exempt from the need to pay taxes and are therefore considered the most profitable.

Who can I give a garage to?

You can give a garage to anyone - the donor chooses the recipient, because... this is a voluntary transaction. But everywhere has its own characteristics.

Son or daughter

If the donor has children and the garage was purchased during an official marriage, the consent of the spouse must be taken and certified by a notary. Property purchased during marriage is recognized as common property, and alienation is possible only with his permission (Article 35 of the RF IC).

If the garage was purchased before marriage or received by inheritance or gift, consent is not required - the property is recognized as the sole property of the spouse (Article 36 of the RF IC).

Note! Permission will not be needed if a marriage contract is drawn up between the spouses, where the property acquired during the marriage belongs to the donor spouse.

For a minor child

To transfer a gift to a minor child, the consent of parents or legal representatives will be required. Children over 14 years old sign the documents themselves and go together with the donors to register the transaction. The participation of children under 14 years of age is not necessary - instead, all signatures are signed by one of the parents.

Unlike the alienation of a minor’s property, donating a garage to him does not require the participation of the guardianship authorities, so there is no need to obtain permission from them.

Grandson or granddaughter

Grandparents can give real estate to their grandchildren. If they are under 18 years of age, the rules described above for minor children apply. If the garage was purchased during marriage, you need to take the notarized consent of the spouse.

Grandchildren who have reached the age of 18 participate in the transaction independently.

Giving to spouses

If one spouse gives property to another, notarized consent to the transaction is not required - it is confirmed by the parties at the time of signing the gift agreement (hereinafter referred to as the DD).

Legal advice: think carefully before registering a DD. Property acquired during marriage under a deed of gift is not subject to division during divorce, because is the sole property of the spouse. We will have to cancel the DD (which is problematic), and then divide it through the court or by agreement.

Close relatives

In this case, relatives should be understood as other people: aunts, uncles, brothers, sisters.

They can also be given garages and other real estate, observing the rules established for transactions with minors and cases of alienation of jointly acquired property by spouses.

To a friend or acquaintance

General rules apply for gifts to friends. If a friend is over 18 years old, it is enough to draw up a DD and register the change of owner in Rosreestr.

Briefly: you can give a garage to anyone. If the donee has not reached the age of majority, the consent of his parents will be required. Permission from the guardianship authorities is not required.

How to correctly draw up an apartment donation agreement?

How to correctly draw up a gift agreement between spouses? Legal advice

Restrictions and prohibitions

Important! Please keep in mind that:

• Each case is unique and individual.
• A thorough study of the issue does not always guarantee a positive outcome. It depends on many factors.

To get the most detailed advice on your issue, you just need to choose any of the options offered:

• Use the online chat in the lower corner of the screen.
• Call: Federal number: +7 (800) 511-86-74

Registration of a deed of gift for a garage is not available to incapacitated and minor persons, as well as organizations. It is prohibited for the recipient of the gift to be employees of state or municipal institutions if their activities are related to the provision of services (goods) of any type. A minor may be the recipient of a gift. In this case, the mandatory participation of his guardian or representative is necessary.

To make a donation, you must be the owner of the object of the gift - a garage and land. In Russia, the alienation of a garage, which is what a donation is, cannot be carried out without transferring ownership rights to the land under the garage. A transaction executed without compliance with this rule will be considered void. Therefore, the donor first needs to register ownership of the garage and land.

Who has the right to act as a donor?

Donation of real estate is possible only by an adult and legally capable citizen. If the garage belongs to a child under 184 years of age, any transactions are prohibited.

If the owner has limited legal capacity, a guardian acts on his behalf, but with the permission of the guardianship authorities. The likelihood of it being processed is low.

Briefly: the donor has the right to be a citizen over 18 years of age, to whom the garage belongs as property. Donation on behalf of children by parents is possible with the consent of the guardianship authorities, and it is difficult to obtain.

Who cannot give or receive a garage as a gift?

The legislation of the Russian Federation prohibits the following from being participants in a donation:

• persons who are incapacitated;
• official representatives of young children;
• civil servants and employees of municipal bodies in connection with their official status;
• employees of institutions where persons participating in the donation and having trustees are being cared for, undergoing treatment or simply being kept.

Minor children can act as parties to a donation only with the participation of their legal representatives.

Where to draw up a gift deed?

To get an idea of ​​the cost of the deed of gift, check out the prices depending on the method of issuing it.
If you draw up a gift agreement yourself, for obvious reasons you do not need to pay - just pay the state fee when registering with Rosreestr.

Notary

A notary is needed only in two situations:

• a share of a garage with several owners is given;
• the owner of the property is a minor.

In the above cases, notarization of the gift agreement is required. It is not necessary to obtain the consent of the other owners for the donation.

If the garage was purchased during marriage and is alienated in favor of a third party (child, relative, friend), you will need a notarized permission from the spouse.

For notarization of the DD you will have to pay 0.5% of the cadastral value of the garage, but not less than 300 and not more than 20,000 rubles. (Article 333.24 of the Tax Code of the Russian Federation).

The cost of certification of the spouse’s consent is 500 rubles.

Let's look at the example of calculating all amounts:

The garage costs 1,000,000 rubles and is donated under the DD. Bought by the donor during marriage, i.e. your wife's consent will be required.

1,000,000 x 0.5% = 5,000 rubles. – fee for DD certificate.

5,000 + 500 = 5,500 rub. – general expenses, provided that the deed of gift is drawn up independently. If the parties turn to a notary for registration services, expenses will increase to 10,000-15,000 rubles.

Important! Prices for drawing up contracts by notaries are determined by regional notary chambers. They are usually significantly higher than those of lawyers. But if you contact a notary, he can transfer documents for registration on his own - the service is provided free of charge from 2021.

MFC

The MFC employs lawyers who draw up contracts. You have the right to contact them and immediately register the gift deed. Their services cost 2,000-5,000 rubles.

Lawyers

Contacting lawyers from other organizations is the best option: they are interested in high-quality and competent drafting of contracts for clients.

Lawyers' services are cheaper: on average, deeds of gift cost 2,000-3,000 rubles. If you wish, you can order the registration of the transfer of rights from a human rights activist, and he will do everything himself, using a power of attorney.

How to close the deal in 2021

In 2021, Russians have the opportunity to donate a garage that is part of their property in one of two ways:

1. contact a notary to draw up a gift agreement;
2. conclude a deed of gift independently, without involving a specialist, by preparing all the necessary documents and registering the transaction with Rosreestr.

As you understand, the first option is suitable for sellers who want to save as much as possible. However, we note that it is quite difficult for people who do not have certain experience in this area of ​​law to control its legality, which often becomes the reason for the cancellation of the contract. Therefore, we recommend, at a minimum, that you seek help from our free lawyers, telling them the whole situation and receiving important recommendations.

Question to the website “Legal Ambulance”:

I heard that when donating a garage in 2021, you need to submit documents to the tax office. This is true?

Lawyer's answer:

No. This is completely unnecessary. By submitting documents to the MFC or directly to Rosreestr, you can count on the employees of these organizations to independently send the necessary data to the tax service.

Another method is an excellent option for those who do not want to bother studying the laws , but want to have guarantees that the terms of the transaction will not be violated. Just contact any notary, pay the required amount and be sure of the transparency and legality of the deed of gift.

At the same time, the garage donation transaction in question, according to existing legislation, does not require mandatory notarization and in order for the agreement to have legal force, you only need to correctly draw up its contents and confirm the signature of each of the parties, confirming acceptance of the conditions set out in it.

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How to issue a deed of gift for a garage: step-by-step instructions

The transaction process consists of four steps. Let's look at everything in detail.

Step 1: collecting and preparing documents

The donor prepares the documents, because they are with him.

To register a DD for a garage you will need:

Step 2: registration and certification of DD

The deed of gift is drawn up independently, by a notary or by lawyers.

Notarization will be required when alienating a share in property, or when making a transaction on behalf of a minor.

Sample contract

The deed of gift for the garage must contain information about:

• Full name, registration addresses, passport details, dates of birth of the parties to the transaction - the donor and the donee;
• address, area, cadastral number of the land plot where the garage is built;
• area and location of the facility;
• intentions to donate a garage to the recipient free of charge;
• date of entry into force of the DD.

Signatures of the parties are required. The DD is drawn up in triplicate.

Sample garage donation agreement:

Step 3: submitting documents to Rosreestr

Documents can be submitted to Rosreestr through the MFC - it’s easier. Both parties must appear to serve. It is recommended to make an appointment in advance.

The list of documents is listed above, but you will also need the contract itself.

State duty

Registration of rights to a garage costs 2,000 rubles. Additionally you need to pay 350 rubles. for re-registration of rights to the land plot where it is located.

Step 4: obtaining an extract from the Unified State Register of Real Estate

10 days after the application, the MFC specialist will issue an extract from the Unified State Register, where the donee will be indicated as the owner. The deed of gift is returned with a note about registration.

Nuances of the procedure

A garage donation agreement is, so to speak, a “convenient” document that allows you to transfer real estate with minimal overpayments for re-registration. And if the parties decide to resort to this particular type of transfer of ownership rights, then they need to go through a number of simple, but very responsible procedures.

I would like to immediately note that transactions of this kind are carried out mainly between relatives.

In order to transfer real estate to a close relative free of charge, several steps must be completed.

Preparation of a package of documents

Example of a gift agreement.
The list of required documentation may vary, depending on the specifics of each individual case. Experts recommend first contacting a lawyer or notary for advice and clarifying with him all the points of interest and pitfalls that you may encounter in the process of re-registration of documents.

Drawing up a contractual agreement

The document form contains the entire list of information that you should definitely read before putting your signature on the contract. The number of copies of the agreement depends on the number of persons involved in the transaction.

Registration of the transaction in the Rosreestr database

To re-register ownership rights to a garage received as a gift, you must have certain documents and a signed contractual agreement with you. The time for re-registration and entering data into the Russian Real Estate Register database is regulated by the legislative framework and is 10 days.

At the end of the specified period, the person into whose name the garage is transferred under the gift agreement receives documents confirming the fact of the transfer of ownership rights to the property. And it is at this moment that he can already be considered the legal owner of the property, and the previous owner is completely deprived of the right to dispose of it.

An agreement on the gratuitous transfer of the right to own property can also be notarized. However, this procedure is not mandatory, but at the same time its organization minimizes the likelihood that in the future one of the parties will be able to challenge the legality of the transaction.

Taxation

Receiving ownership of any object is recognized as profit, for which you need to pay personal income tax - 13% of the cadastral value. The payment deadline is July 15. The declaration must be submitted by April 30.

Close relatives of donors are exempt from paying tax: brothers, sisters, parents, children, grandparents. But you will still have to bring a declaration and a document confirming the relationship.

This can be done in person at the Federal Tax Service at the location of the property, or through the taxpayer’s personal account on the official website of the department.

Gift to a relative

The law does not prohibit a gift for a garage between close relatives. Family members have the right to enter into an agreement if they wish. However, the fact of the presence of kinship does not affect the registration procedure and procedures. Likewise, gifts between relatives are subject to the same restrictions as gifts between strangers. Procedurally, there is one difference: the package of documents is supplemented with papers confirming the relationship between the parties to the transaction. This is necessary in order to avoid paying tax later.

Cancellation of deed of gift

Cancellation of a gift agreement is permitted on the grounds specified in Art. 578 Civil Code of the Russian Federation:

• commission by the donee of a deliberate crime against the life and health of the donor;
• careless handling of property, entailing the threat of irretrievable loss;
• death of the donee, if the possibility of cancellation by the donor is indicated in the DD.

The donor's heirs have the right to cancel the transaction in the event of intentional murder by the donee. Also, the right of cancellation belongs to creditors: property transactions completed six months before a citizen applies to an arbitration court with a bankruptcy petition are canceled at their request.

Arbitrage practice

The practice of canceling a donation is varied, and usually the courts satisfy the claims of plaintiffs who have presented comprehensive evidence of the circumstances specified in Art. 578 Civil Code of the Russian Federation.

Case study:

A woman gave a garage gift to her son. After registering the transaction, he inflicted moderate bodily harm on her. The beatings were removed and a police report was filed. The donor decided to challenge the deed of gift and went to court, presenting a medical report and certificates from the police department.

The claim was satisfied and the transaction was cancelled. After entry into force, a copy of the decision is sent to Rosreestr to re-register ownership of the donor.

When the garage is a member of the GSK

Participation in a cooperative is a voluntary decision of a citizen. The procedure for acquiring the right of ownership is regulated by Art. 218 of the Civil Code of the Russian Federation. According to the norms of the Civil Code of the Russian Federation, ownership rights do not begin from the moment of receipt of the membership book, but from the day when the share is paid in full. Changing the data in the membership book does not grant the right of ownership to the garage and land to the donee. Subsequently, if the real owner of the site desires, the garage can be demolished. Compensation for demolition is often very small.

Documentation

To donate a garage to a relative you will need:

• Title documents for the garage (purchase and sale agreement, state certificate of registration of property, etc. - copies);
• passports of both parties (copies);
• power of attorney (if there is an attorney, original);
• documents confirming the fact of relationship (copies);
• receipt of payment of state duty (copy);
• consent of the spouse to alienate property certified by a notary (copy);
• BTI certificate with the estimated value of the garage (validity period - only 10 days, copy);
• technical passport of the garage with a plan (copy);
• a document confirming the absence of a lien on the garage (you can obtain it from the registration service or from the BTI, a copy);
• a certificate from the garage cooperative confirming the absence of debts on the garage (copy);
• gift agreement in two copies, signed by both parties (originals).

Documents can be collected in three ways:

• through a notary, collecting documents according to his list;
• with the help of a real estate agency, paying a fee for collecting documents to the realtor;
• on one's own.

But I have neither a notary nor a realtor the right to register an agreement. The realtor will simply collect a package of documents. And the notary will certify all the papers brought (although notarization in this case is not mandatory).

Notarization

It is somewhat more expensive, but more reliable, to entrust the procedure to a competent specialist. The notary will draw up the agreement himself; the parties will only have to sign. The notary will also register the document and prepare the certificate. Applicants will be required to pay for its services and registration fees. As legal practice shows, this method is more reliable when controversial situations arise.

Documents certified by a notary can become an evidence base when filing a claim in court and will allow you to protest the transaction. If everything was completed independently, it will be more difficult to initiate paperwork.