Article updated: August 1, 2021
Mitrofanova SvetlanaLawyer. Work experience - 15 years
Hello. Below I have described in detail how much an apartment donation agreement costs from a notary + calculation examples. Tariffs are valid for 2021. The notary draws up a gift agreement, notarizes (certifies) and submits it to Rosreestr to register the transaction. She also mentioned some of the features of a notary’s work and additional services that may arise.
If not the entire apartment is donated, but individual shares in it, read about the cost of such an agreement at this link - https://prozhivem.com/kvartira/dolja/darenie/tarify-notaruisov-na-sostavlenie-i-zaverenije-dogovora.
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Essence of the contract
A gift agreement is a transaction between two parties (donor and donee), the essence of which is the gratuitous transfer of any property from one person to another. As a result of the execution of the contract, all rights to ownership, disposal and use of the specified object are transferred to the donee.
The main condition for concluding an agreement is that both parties must be legally capable and voluntarily participate in the transaction. The recipient can return the gift at any time. The donor can challenge the agreement only if the recipient is considered an unworthy citizen (creating threats to the health or life of the donor, not complying with the terms of the agreement, not properly taking care of the condition of the gift, etc.).
If the subject of the contract is a real estate property, the transaction must be formalized in writing and officially registered.
Only movable things transferred from a private person to a private person, the value of which is no more than three thousand rubles, can be transferred orally.
Also an important condition for allowing an oral form of a transaction is the immediate transfer of the thing (not a gift in the future).
Is it possible to conclude an agreement without a notary?
The rights to real estate can be transferred to another person only in writing. An agreement can be concluded in a simple form for the transfer of an apartment, land plot, or private house without the need for the transaction to be certified by a notary.
In this case, the agreement must be drawn up in compliance with certain conditions. These requirements are due to the fact that real estate donation agreements are subject to state registration upon re-registration of ownership.
The agreement must be drawn up in three copies: one for the parties and one for the Rosreestr office with other documents necessary to re-register ownership of the object to another person.
It is important that the agreement can be drawn up without the presence of a notary, but it must contain all the information that is necessary for a Rosreestr specialist to carry out the procedure for re-registration of a real estate property.
Terms and cost of the transaction
Rosreestr employees must consider the appeal within 10 days. When the regulated period expires, documents are issued. The process of registering a deed of gift for an apartment without a notary will cost each party one thousand rubles .
Reference! To register ownership rights, you must pay a state fee of 2000 rubles. The costs are borne by the person receiving the gift.
Step-by-step procedure for independently registering a deed of gift for a real estate property
An agreement on the transfer of a real estate property as a gift acquires legal force in cases where it is signed by all parties to the agreement and registered in the manner prescribed by law in the relevant branch of Rosreestr.
The contract must contain the following information:
- names, surnames, patronymics of the donor and recipient;
- passport details of both parties;
- details of documents confirming the right of ownership of this real estate;
- name and full description of the donated item (exact location address, square footage, number of rooms, floor, entrance, type of house, etc.);
- signatures of the parties to the transaction (the donee and the donor). If one of the parties to the transaction is a minor, the legal representative signs instead;
- the value of the donated property (not a mandatory condition of the transaction).
The agreement should not contain clauses on the payment of any compensation by the donee to the donor. In this case, the agreement will not be recognized as gratuitous, and therefore will not be considered a gift agreement (but an agreement of purchase and sale, exchange, etc.).
If, despite the mutual benefit of the parties to the contract, the transaction is disputed by one of the subjects or third parties, the court may recognize the transaction as a sham and forcefully terminate the contract.
How to transfer a share to a relative
There are several ways to alienate a share of property:
- sale;
- exchange;
- donation.
Each of the methods is legal and has the right to life, just as each method has its positive and negative sides.
For free
For close relatives, the best option is a gift agreement. In this case, no one will have to pay income tax; the registration procedure is somewhat easier than a purchase and sale transaction. Moreover, when selling property, co-owners have a priority right to purchase a share of the property, and the owner can donate his share to any relative, regardless of whether he is a co-owner of the given residential premises or has nothing to do with it.
Without deed of gift
You can transfer part of the living space to any relative without drawing up a gift agreement. You can draw up a purchase and sale or exchange agreement. Any of the options is appropriate and legal within the framework of inheritance law.
For example, three sisters each inherited one-third of three properties. If these residential premises are approximately the same in value, then they can enter into a tripartite exchange agreement. As a result, each of them will receive ownership of a separate living space. If houses or apartments have different values, then one or two sisters can buy out her share from the third, or one can buy out the share of the other two. In other words, there can be many options, the main thing is that the sisters can come to a common decision.
At first glance, drawing up a deed of gift seems to be a simple procedure that does not require the help of a specialist. In fact, a person ignorant of jurisprudence can confuse legal concepts, make inaccuracies in the text of a document, and fail to take into account some important points. The result is a challenge to the gift agreement, fines for tax evasion, return of documents, and, as a consequence, the process is delayed indefinitely.
You can avoid such mistakes if you seek help from professionals. On our website you can get a free preliminary consultation, and our specialists will also help you draw up a legally competent document, tell you what documents will be required in your case, and, if necessary, help you calculate the state duty.
You can contact our lawyers for help by writing a message online or by calling the numbers listed below.
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Author of the article
Natalya Fomicheva
Website expert lawyer. 10 years of experience. Inheritance matters. Family disputes. Housing and land law.
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State registration of a donation agreement for real estate
You can register a deed of gift at Rosreestr, the cadastral chamber or a department of a multifunctional center. To do this, the parties to the transaction must pay a state fee.
Subsequently, after registering the agreement, the donee must pay tax for receiving the real estate. Its size depends on the degree of relationship between both parties to the transaction. If persons are closely related, they are exempt from paying property tax.
In addition to a correctly drawn up deed of gift for a real estate property with the required number of copies, one of which remains in the Cadastral Chamber, you must provide the following package of documents:
- Passports of all parties to the agreement.
- Consent to the transaction from other citizens who are co-owners of this residential premises (written).
- Technical passport issued at the BTI department.
- Cadastral passport.
- Certificate on the number of citizens registered in the residential premises.
- A document confirming ownership of the property being donated.
- Power of attorney for a representative (if the transaction is registered not by the parties to the transaction, but by representatives under a power of attorney).
Drawing up a gift agreement for a property without a notary is not a complicated process. The main thing is to correctly draw up the text of the agreement and register it in the manner prescribed by law with the relevant authorities, so that in the future the transaction cannot be challenged by either the parties or third parties.
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Is it possible to donate an apartment with a registered one?
The normative regulation of the donation procedure is carried out by Chapter 32 of the Civil Code of the Russian Federation.
The law allows a transaction to be carried out if there are registered people on the premises, but in some cases it may be declared invalid.
For example, if registered citizens, after a change of owner, cannot fully use the property, among them there are minor children or disabled people, they have the right to apply to the court to consider the issue of canceling the donation.
Mostly, the legislation approves the gratuitous transfer of property by a person with registered citizens in the sole ownership of it . In some cases, donation is possible even if persons under 18 years of age are registered in the apartment, subject to certain conditions.
It is permissible to write people out both before and after the transaction. To formalize the gratuitous transfer of ownership rights, an agreement is drawn up. It should be taken into account that the person to whom the gift is addressed has the right to refuse it.
Adults
If there are no children under 18 years of age among the registered persons, the donation of living space by the sole owner can be carried out without their consent. It is enough to inform registered citizens.
But if the donor is not the only owner of the apartment, the consent of other owners and registered persons is required. For example, you cannot donate premises that are in the common possession of spouses if one of them does not approve of the procedure .
If the former owner intends to continue living in the transferred apartment, this is indicated in the documents.
However, in this case, after the death of the donor, his potential heirs can appeal the deed of gift on the basis of violation of the condition of complete gratuitousness of the transaction, relying on clause 1 of Art. 572 of the Civil Code of the Russian Federation.
Minor children
If there are children under 18 years of age in the alienated apartment, the donation procedure becomes more complicated and may be declared invalid. That is, parents have the right to cancel the deal through the court, proving that the child remained “on the street.”
If part of the living space belongs to a minor, by law he does not have the right to make transactions with it, including giving it as a gift. Transfer of ownership is permissible only with the approval of the guardianship and trusteeship authority.
If the child is not the owner, but is registered in the apartment, then he can be discharged after the transaction has been completed if he is provided with premises equal to the previous one in area and other conditions. The procedure is carried out by presenting the fact of transfer of housing. This may be a registration certificate for the property where the minor’s parents or guardian are registered.
When filing a claim with the court for the discharge of a child, it will be satisfied if the plaintiff proves that the minor is actually staying in another alternative place.
Before conducting a transaction, it is recommended to try to peacefully negotiate with the parents of children under 18 years of age and obtain consent to deregister them.
