Procedure for registering an apartment donation agreement: stages, documents

Design methods

The donation procedure includes several stages:

• coordination;
• drawing up a contract;
• signing;
• assurances;
• registration and receipt of a new document establishing the transfer of property rights.

Having signed the agreement, the parties should not downplay the importance of the fact of registration, because before the state authorities the apartment still remains with the previous owner-donor.

Is certification required by a notary?

There is a misconception that visiting a notary office to check and certify a transaction is the last step. In fact, the donation is completed after reviewing the package of documentation confirming the agreed transfer of ownership in Rosreestr. Submission of documents to the registration authority is a mandatory procedure for any type of transaction involving the transfer of real estate from one owner to another. After Rosreestr makes an entry, the transaction can be considered completed and the property re-registered. Confirmation is received by a certificate of ownership.

Certification of a deed of gift by a notary, in contrast to the actions of Rosreestr, occurs only at the request of the parties who intend to have guarantees that the deed of gift is drawn up in accordance with all the rules and no violations of the law have been identified. Notarization is an additional measure, after which the property must be re-registered with Rosreestr.

If a decision is made to draw up a deed of gift on their own, the parties determine the most appropriate place to apply:

• branch of Rosreestr;
• MFC at the location of the apartment.

Description of the registration procedure

After the gift agreement is signed, the parties determine the authority for submitting documents at their own discretion. A faster registration option is directly at the territorial department of Rosreestr, an easier way is through a preliminary electronic registration at the MFC.

Please note that contacting the MFC is only suitable for cases where there is no urgent need for re-registration, since it takes more time to agree on a date by appointment. Since the multifunctional center cannot independently register a transaction, but only transfers documents to Rosreestr for processing, it takes an additional 2-5 days to send documents.

You can submit papers for re-registration of the gift to the MFC without prior agreement on the reception date, in a live queue. However, you need to be prepared to spend an additional 0.5-2 hours waiting to see a specialist.

While waiting, the applicant can pay the state registration fee through terminals installed directly at the branch. Details for transferring fees can be obtained from employees or at information stands.

Before visiting the department, check the availability of the necessary documents:

1. Personal identification documents.
2. Gift deed (all three copies must be presented).
3. Payment document confirming payment of the duty.
4. Statement.

In addition to the main documents, an exhaustive list is attached confirming the legality of the donation transaction and the absence of violations of procedural rules.

After accepting the package of documentation, the representative of Rosreestr provides a receipt indicating receipt of the documents on the list, establishing the day of appearance to receive the certificate.

Possible problems when donating: solutions

The main condition of the gift agreement is the mutual consent of the two parties. It is important to follow all the rules when donating real estate in order to avoid possible risks and consequences of the transaction:

1. the donor risks being left without a roof over his head. By donating his only home, he expects to live there forever. However, the donee can evict the donor. To avoid this, it is better to complete the transaction through a notary, who will tell you about the possible risks.
2. the recipient risks being left without a gift. The donor retains the right to return the donated property or refuse the donation if the contract has not expired the period established for the transfer of real estate as a gift.
3. the gift agreement may be declared invalid. This is possible in cases where the agreement does not contain complete information about the object of the gift or there is no consent of the donor’s spouse to transfer the property as a gift. Read the gift agreement carefully and check all documents.
4. recognition of the transaction as imaginary. Owners make a gift of property to cover the purchase and sale. Please note that the Authorities may initiate an investigation into such a transaction, and if it is determined that the transaction was carried out to conceal the sale and purchase, both parties risk being left without property.
5. non-payment of personal income tax - if it is proven that the parties to the transaction are not close relatives, penalties may be imposed on the donee.

Documents for registering an apartment donation agreement in Rosreestr

Preparation for registering a deed of gift requires special consideration. According to Federal Law No. 122, the applicant is required to collect an impressive list :

1. Donation agreement in three copies (one of them remains in Rosreestr).
2. Copies of civil passports of the signatories.
3. Application on a special prepared form.
4. If the actions are performed by a representative of the signatory, a power of attorney is first prepared by the notary, giving the right to register actions with real estate.
5. A certificate establishing the right to dispose of the apartment.
6. Technical passport, cadastral passport, floor plan, explication.
7. An extract from the house register, a certificate of registered residents in the area.
8. If the alienated apartment is owned jointly, the written consent of the spouse is required for free re-registration.

Additionally, documents are prepared, depending on the circumstances of the transaction:

• If there is a marriage contract or a court decision on the division of property, the consent of the second owner is not required.
• If the participant in the transaction is a minor, the written consent of legal representatives (adoptive and natural parents, guardians) will be required. This restriction applies to recipients over 14 years of age. When establishing the fact of limited legal capacity of the owner of 14-18 years of age, preliminary approval is provided with the official guardianship authorities.
• Collateral property can be given as a gift (for example, when an apartment is registered as collateral for a bank loan) only with the consent of the collateral holder.
• If the apartment is occupied by a tenant who has entered into an appropriate agreement with lifelong maintenance, his written consent to the transaction is required.

In addition to the main and additional package of papers, the registration authority will require a document confirming payment of a fee worth 2 thousand rubles.

If the services have been paid for, but the receipt has not been saved, the government agency may refuse state registration of the apartment donation agreement or require re-payment if, for some reason, the payment information is not displayed in the organization’s database.

You can cancel or challenge the deed of gift

The donor has the right to cancel the donation on the grounds provided for in Art. 578 Civil Code of the Russian Federation:

• the donee has made an attempt on the life of the donor, one of his family members or relatives;
• the donee intentionally caused bodily harm to the donor;
• the recipient handles the donated item inappropriately and creates a threat of its loss;
• if the gift agreement stipulates the donor’s right to cancel the gift in the event of the death of the donee.

In case of cancellation of the donation, the donee is obliged to return the donated item.

Legal heirs can go to court to declare the transaction illegal in the following cases:

1. the donor died due to the fault of the donee;
2. the gift agreement was drawn up without the consent of the husband or wife to the transaction;
3. the donation procedure was a cover for an illegal sale and purchase;
4. the donor was under pressure or was completely or partially incapacitated;
5. the presence in the contract of data that contradicts the law or, conversely, the absence of mandatory information in the documents.

Subject of the agreement: essential and additional conditions

The subject of the gift agreement can be any property of the donor, for example, a garden plot, a private house, a garage or land for individual construction and other significant objects, items of property that, at an estimated value, cost more than 3,000 rubles. To find out the price of a property, for example an apartment, you should send an application to the BTI.

The essential conditions include precisely the subject of the agreement, property rights to it, as well as the obligations of the parties to the agreement, which are subject to discussion and inclusion in the standard gift agreement.

As for additional conditions, these are the terms of the gift agreement themselves, which are designated by law and come into force only from the moment the agreement is signed. And since they are regulated by regulations, they do not require agreement between the parties. These are add-ons such as:

1. Duration of the gift agreement. In the event that the transfer period is not specified, such an agreement is still considered valid.
2. The object of the gift cannot be transferred by the legal successors of the donee if such a clause is not indicated in the gift agreement.
3. The transfer of responsibilities of the donor who wished or promised to do this passes to his heirs, but in the event that otherwise is not specified in the agreement.
4. But even the absence of these points in the deed of gift is not a reason to recognize it as insignificant.

Random additions are also possible, but they can be made only by agreement of the parties to the gift agreement.

State duty

How much will the registration cost? To find out the answer, you first need to find out who the parties to the agreement are in relation to each other.

If living space is transferred as a gift from one relative to another, then the 13% tax on the market value is not paid.

You can find information on how best to draw up a deed of gift for a relative, what papers will be required, as well as a sample deed of gift to a close relative on our website.

When the parties to the transaction are not relatives, tax is paid in any case . The amount paid to the notary for drawing up the agreement depends on the cost of the apartment.

In order to register the transfer of rights to certain property, a state fee of 2,000 rubles (for individuals) or 22,000 rubles (for organizations) is paid. Such rates are determined by the Tax Code of the Russian Federation (clause 22 of part 1 of Article 333.33 of the Tax Code of the Russian Federation).

You can find out how and where it is better to draw up an agreement and how much the state duty will be from our article.