Any citizen can freely dispose of the property that belongs to him. He has the right to sell, exchange or donate. If you want to transfer the house and land free of charge, a deed of gift is drawn up.
In order for this transaction not to bring unpleasant surprises, it must be executed taking into account the requirements of the Land and Civil Codes, and also registered in the prescribed manner with Rosreestr.
What is a deed of gift for a house with a plot
A deed of gift is a civil law transaction that involves the transfer of ownership rights to a land plot and a house from the donor to the donee.
Important terms of the transaction are that it is free of charge and unconditional consent to its terms by both parties.
The procedure for registering a deed of gift ends with the transfer of property in favor of the donee. As a result, he becomes the full owner of the land with a house and other buildings and can dispose of them at his own discretion. In particular, he is allowed to donate property in favor of any person or lease it out. The donor no longer has the right to influence the decisions of the new owner.
The specificity of this agreement is that it has one-sided character. According to it, all obligations to transfer property are transferred to the donor, and the donee has one obligation - to accept the gift in the form in which the donor left it. If the deed of gift contains any transfer of ownership of the house and land, then it may be declared invalid and reclassified into another agreement (for example,).
In this case, it is possible to transfer real estate with some delay in terms (for a month or a year). But it cannot provide for the transfer of ownership of the house and land after the death of the donor. Then it will not have legal force. In this situation, it is necessary to draw up not a gift agreement, but a will.
When registering a deed of gift, you do not need to obtain permission for the transaction from other owners. This allows you to bypass some legal formalities that do not allow the parties to draw up a classic purchase and sale agreement (it is prohibited to conclude it if other owners have expressed their disagreement).
The only exception in which consent to a deed of gift is required is if the property is in common ownership with the spouse. Then you need to confirm with a notary her consent to transfer the property as a gift.
When participating in a transaction, you must obtain consent from the guardians/parents, as well as a conclusion that the deed of gift does not infringe on the rights of the children from the guardianship authorities.
Features of donating land with a house
How to donate a plot of land with a house? When concluding a donation agreement for a house and land, you need to pay attention to the following: 
- It is possible to draw up a deed of gift for a house and land both by persons who do not have family ties. At the same time, concluding gratuitous unilateral transactions is not allowed between legal entities, as well as in favor of officials (medical workers, municipal employees, etc.).
- Ownership rights to the house and land must be properly registered. It is impossible to transfer a non-privatized house and land, since there is no subject of donation, there is no property for alienation. Therefore, all buildings must first be legalized through the privatization procedure (the donor can take advantage of preferential conditions under the dacha amnesty) or through the courts.
- If the land and house are owned by the donor, they cannot be alienated separately, i.e. the donor cannot transfer the land and leave the house in his own property. The exception is cases of withdrawal of land from circulation in favor of authorized government agencies. You can donate land without a house only if they are owned by different people or legal entities.
- In order for it to be present in the house, it must be allocated in kind, i.e. it is necessary to obtain a conclusion on the possibility of making a separate entrance, connecting to a sewer system, etc.
- The received land plot and house act as income to the donee. His responsibility includes the calculation and payment of 13% of the cadastral value, as well as the submission of a tax declaration of the received property. But Russian tax legislation provides for the exemption from personal income tax on deeds of gift concluded between close relatives.
The latter circumstance determines the fact that gift agreements are usually concluded between relatives. Whereas it is usually more profitable for outsiders to draw up a purchase and sale agreement.
Important points
Correctly drawing up a contract for the donation of a plot of land with a house will minimize the risks of cancellation of the contract and make it possible to conclude a deal with minimal time costs. The deed of gift must be registered with Rosreestr, paying for this the amount established by law
A gift of land and a house is always very valuable. But if for some reason the donor does not have the opportunity or desire to donate an entire property, he can do this with part of such an object. What you need to know when making such a transaction
How to draw up a deed of gift for a plot and a residential building?
You can make a deed of gift for land with a house in simple written form. Citizens can draw up and sign an agreement on their own, without resorting to the services of lawyers. Notarization of the document, according to recent changes in legislation, is also not required.
The deed of gift for a land plot and a house must include the following items: 
- personal and contact information of the parties to the transaction;
- a detailed description of the donated items (their cadastral number, area, number of floors, technical parameters, intended purpose of the land);
- cadastral value of land and house;
- details of title deeds;
- an indication of the encumbrances and restrictions on the use of the land (for example, it is located in an environmental or recreational zone);
- rights and obligations of the parties (accept and give as a gift, etc.);
- other conditions (when the deed of gift comes into force, who will pay for registration, etc.).
The transfer of ownership is subject to registration in Rosreestr. This requirement is provided for all transactions involving the alienation of real estate.
Since 2013, the need for registration of the gift agreement itself has been removed from citizens. But when registering a change in the status of property, it is necessary to provide the grounds for this procedure, namely the deed of gift and its copy.
Before submitting a document for registration to Rosreestr, you should carefully review it for errors in the description of the subject of the gift or the personal data of the parties. According to reviews from citizens, the regional center may refuse to register an agreement if factual errors are discovered.
The procedure for re-registration of property rights involves submitting a set set of documents to Rosreestr and ends with the recipient receiving a certificate of ownership in his name. Before issuing this document, Rosreestr specialists check the correctness of the submitted documents and evaluate the transaction for legal purity.
What documents will be needed in Rosreestr to register the agreement? This: 
- statements from the donor and the donee;
- passports of the parties;
- a receipt with paid state duty (today the cost of the service is 2,000 rubles for individuals and 22,000 rubles for legal entities);
- the deed itself;
- certificate of ownership of land and house;
- certificate about those living in the house (if it is residential);
- cadastral passport for a house and a plot of land;
- certificate of cadastral value;
- an extract from the Unified State Register confirming the absence of encumbrances;
- title documents for the house and land;
- permission to conduct a transaction from the spouse and guardianship authorities.
The transaction is registered at the territorial branch of Rosreestr, or at any MFC.
Responsibility for re-registration of ownership rights to a residential building with land may be assigned to a representative of an individual. Such a service may be required if the donor and recipient live in different cities; they cannot appear at Rosreestr due to their advanced age or health conditions. Then in his favor it is necessary to issue a power of attorney to represent interests with the participation of a notary.
What should you pay attention to and what problems may arise when donating a plot of land with a house?
A deed of gift is a less legally protected transaction compared to a purchase and sale agreement. It is easier to challenge it in court.
Typically, the initiators of lawsuits to invalidate a deed of gift are the relatives of the donor. After all, the property transferred by gift is excluded from the inheritance mass and they have no right to lay claim to it.
Judicial practice shows that the most common grounds for declaring a deed of gift invalid are the incapacity of the donor, putting pressure on him and his lack of understanding of the consequences of the transaction (loss of property rights).
To prevent such a situation, the parties are recommended to have the gift agreement certified by a notary. The notary will confirm that the parties were of sound mind at the time of signing the agreement, were aware of their actions and were not under pressure. If necessary, the notary will be able to act as a witness in court in a claim to challenge the deed of gift on the part of the donee.
Certification of a deed of gift by a notary has another advantage - such a document goes through the registration procedure with Rosreestr faster.
If the standard time frame for registering an agreement is 10 days, then with the participation of a notary it is reduced to 3 days.
In this case, you will need to pay for notary services in accordance with the tariffs. Such services can cost the parties from 3,000 to 100,000 rubles. depending on the cadastral value of the land and house and the category of relationship (preferential rates are provided for relatives). The technical and legal work of the notary is paid separately.
Sometimes the donee may ask the donor to undergo a psychiatric evaluation. The received certificate will serve as confirmation of the sanity and legal capacity of the donor at the time of signing the agreement in case of legal claims.
Sometimes the donee himself tries to challenge the gift agreement, pointing out that the donated property did not meet his expectations. For example, a house received as a gift is not suitable for living in and requires major repairs. In order to protect themselves from such situations, the parties are recommended to sign, in which they detail the condition of the transferred property.
By signing the deed, the donee confirms that he is informed about the condition and inherent defects of the structure and is ready to accept it in this form. This will not allow him to challenge the deal in court. But it is worth understanding that signing this document is a right, not an obligation of the parties.
Also, a deed of gift may be declared void at the request of the financial manager during bankruptcy proceedings. In bankruptcy cases, all gratuitous transactions between close relatives over the past three years are canceled, since it is believed that in this way the bankrupt sought to hide expensive property from being sold at auction.
Sometimes a recipient who was closely related to the donor may mistakenly receive a notice requiring him to pay tax on a given transaction.
In such a situation, he needs to bring a package of documents confirming his relationship with the donor to the tax office at his place of residence, and the tax claim must be canceled.
Thus, the deed of gift is free transaction and allows you to transfer ownership of the house and land from the donor to the donee with minimal costs. Upon its conclusion, a mandatory step is the re-registration of property rights in Rosreestr. Such transactions are most widespread between relatives, which is associated with exemption from personal income tax.
The concept of property rights implies the disposal by a specific person of certain property at his own discretion. Quite often there are cases of registering an inheritance by donating real estate. This is done in order to simplify the procedure for entering into inheritance rights, sometimes bypassing the heirs of the first priority. Everyone has their own reasons and motivations. But not many people know how to properly draw up a deed of gift for a house.
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What is a deed of gift
From a legal point of view, a deed of gift for a house is nothing more than a gift agreement - a gratuitous agreement that involves the free transfer of real estate by one party in favor of the other party without any benefit to oneself. Drawing up a contract will not be difficult; you can donate real estate in the shortest possible time. But in order for the deed of gift not to be invalidated, it is necessary to adhere to the law when re-registering the property under the contract.
The transaction is impossible without mutual consent between the former owner and the new owner. The execution of a transaction of this kind occurs free of charge from the donor to the donee. It is worth considering the fact that the latter has no reciprocal obligations to the former after receiving the gift. If there are any conventions between the parties to the agreement, the agreement should be drawn up not as a gift, but as an exchange. Because its legality can be challenged in court.
We should not forget that residential properties are inextricably linked with the land plots on which they are located. Drawing up a deed of gift for a house is invalid without giving away the right to use the land. That is, the land plot on which the house is located also needs to be re-registered. It follows that:
- Donation is impossible without transfer of ownership of the land on which it is built. Sometimes a transaction for two real estate objects is carried out under one contract.
- In the case of drawing up an agreement to donate part of a house, the transaction of donating part of the land is also drawn up.
Important! If the property is held by the donor on a long-term lease, and he can only use it, then he can transfer his right to the donee in full. But the owner of the house will remain the same.
Advantages and disadvantages
A deed of gift, like the conclusion of any transaction, contains positive and negative sides. Everyone decides for themselves whether to carry out this real estate operation or not. Before taking actions of this nature, it is necessary to weigh the pros and cons. There are pitfalls everywhere.
The main advantages of such agreements are:
- There is no need to confirm the authenticity of papers and forms with a notary.
- Indication of specific terms and conditions for receiving a gift of ownership.
- People who are related do not have to pay tax.
- The donee becomes the owner of the property as soon as the ownership is registered by the appropriate authority.
- After the conclusion of the contract, the property can be disposed of at your own discretion.
- Property can be received as a gift under a contract during the life of the donor, thereby avoiding the division of property with other heirs.
- A deed of gift for a house is not joint property if the donee was legally married.
Among the disadvantages it is worth noting:
- Unlike a will, a gift of a house cannot be changed in favor of another donee.
- An incorrectly drawn up document can easily be challenged in court.
- Gifts between people who are not related to each other are taxed at 13%.
Important! Not everyone can become a recipient. There is a list of persons who cannot, for whatever reason, accept the gift.
How to properly draw up a deed of gift for a house
Before you draw up a deed of gift for a house, you should familiarize yourself with the procedure for carrying out this procedure. At the first stage, a package of papers is prepared for housing and land allotment, confirming the ownership rights of the donor. Next, a gift agreement is drawn up and signed. Then it is necessary to register with the relevant authority the fact of transfer of ownership from one person to another.
Only a written contract will be considered legal. It must be drawn up in triplicate. It clearly states the subject of the contract, with its detailed description and indication of the cadastral value. It also clearly states the term or conditions for the entry into force of the contract. According to the law, papers are not subject to notarization. In order to make it difficult for other heirs to challenge the deal in the future, it is better to consult with an experienced lawyer.
The procedure for submitting documents to register the transfer of ownership can be carried out in the following ways:
- You can appear in person at the nearest Rosreestr office.
- Send documents by mail with a detailed description of the documents enclosed in the envelope and notification of receipt.
Important! There is an easy way to submit documents. You can upload the necessary files to the Rosreestr portal on the Internet.
Gift deed between close relatives
The procedure for registering a deed of gift for a house between close relatives follows a standard scheme, in accordance with the requirements of the Civil Code of the Russian Federation. The rules for drawing up a contract are not significantly different. However, some nuances may arise in the relationship between relatives. Few people agree to draw up a deed of transfer. Relationships are built on trust.
Important! The contract states in a separate line that the transaction comes into force from the moment of its registration, so there is no need for a certificate of completion of work.
Indication in the document of a clause stating that the agreement comes into force after the death of the donor makes it invalid. Its competence will be easy to challenge in court. Registration of a deed of gift is possible both between relatives and between strangers. For close relatives, this method of re-registration of real estate is the most profitable.
What documents are needed to formalize a deed of gift?
Not everyone knows what documents are needed for a deed of gift for a house. It is worth noting from the outset that this process is labor-intensive and time-consuming. To conduct a transaction, you need to prepare a package of documents. Depending on each individual case, the list of required papers is different. The following always remain unchanged in this list:
- An application requesting registration of the transfer of ownership of real estate from both parties.
- Passports of the giver and recipient of the gift.
- A correctly drawn up home donation agreement.
- Documents for ownership of the house.
- Papers confirming ownership of the site.
If the property is joint property, the consent of the spouse will be required. For a home purchased after marriage that is not marital property, proof must also be provided. As supporting documents, certificates of inheritance, deeds of gift, or facts confirming the purchase of housing for personal savings are most often provided.
For a legally correct registration of a deed of gift for a house, it is better to consult with a lawyer practicing in this industry. He will accurately indicate the list of papers required to conclude a legal transaction in your particular case.
This article talks about typical ways to resolve legal issues, but each case is individual. If you want to find out how to solve your particular problem, contact our consultant absolutely FREE!
Most often, the following documents are provided to confirm ownership of a house:
- house book;
- technical certificate;
- certificate of absence of refusal to alienate;
- documents confirming ownership.
According to the law, the donor has the right to dispose of a land plot if the plot is his property. If it is only in use, or is inherited for life, he does not have the right to dispose of it. A land plot has its own package of documents, without which it is impossible to draw up a gift agreement:
- Plan drawn up by the cadastral service.
- Certificate of absence of arrears in payment for the land plot.
- A document confirming permission to carry out alienation.
- The title deed to the property.
- Detailed characteristics of all structures built on land.
Depending on the age of the recipient of the gift and the marital status of the donors, the following may additionally be required:
- power of attorney;
- guardian's consent;
- a court decision confirming the deprivation of parental rights;
- agreement on the division of property between spouses,
Attention! For a minor recipient, consent from the natural or adoptive parents will be required.
The donation agreement is drawn up in three copies. You can draw up a document yourself - hire a qualified specialist for this, draw up the papers yourself and confirm their authenticity with a notary.
To gain legal force, a gift agreement must meet certain conditions:
- It must contain accurate information about the land plot, housing area, address, number of floors of the building and number of rooms.
- The passport details of the donor and recipient of the gift must be entered accurately, otherwise the contract can be easily contested.
- The recipient agrees to receive the gift.
- The cost of the house and land, the route of transfer and resolution of disputes regarding the house are indicated.
- Conditions for the entry into force of the agreement.
Residential property may become the property of one or more persons in whole or in parts. There are samples for a donation agreement for a share of a residential building, as well as for undivided property. When donating part of a house you need:
- Arrange, for example, a separate entrance.
- Install a separate bathroom and make a kitchen.
- Separately provide communications.
Also, in order to separate a share of real estate, you will need to undergo an examination at the BTI, the conclusions of which must contain:
- Permissibility of division of living space.
- All possible section options.
- Plan and estimated cost of redevelopment.
- Date of construction of the building.
- Detailed plan of housing and its parts.
- The amount of compensation for the party who received a smaller area, if division into equal shares is impossible.
A deed of gift for a part of a house simply indicates that part of it (specific rooms, half) that the donor wishes to assign to the donee.
How much does registration cost?
Registration of a deed of gift for a house involves certain expenses. If the donor passes on the costs to the person receiving the gift, the costs may cost him nothing. The cost of preparing a deed of gift to the donee will directly depend on the method of its execution. When drawing up an agreement independently, the parties to the agreement, if they are related, will only have to pay a state fee.
Providing services by an agency will not be cheap. The market price of registration depends on the region and the nuances of the contract. Each of them has its own price list for providing a certain type of service. Before starting registration, it is better to compare prices in several agencies so as not to overpay. Notary services are directly proportional to.
Since only the donee benefits from the transaction, he will have to pay an amount of 1,000 rubles for registering the transfer of ownership. Not a single department where state registration is carried out will carry out the operation of transferring ownership without a receipt for payment of the state duty. The tax must be paid by the new owner of the property. The duty on a house or apartment is 2000 rubles, land plot – 350 rubles. The registrar does not have the right to accept documents if the applicant does not provide a receipt for payment and the payment is not recorded in the state payment system.
Taxation
A deed of gift is taxed if there are no family ties between the donor and the recipient of the gift. If the transaction is carried out between relatives, it is not subject to taxation. Currently, the tax rate is 13% of the assessed value of housing. The amount that the giftee will have to pay directly depends on this assessment. Moreover, the tax on property received by gift is paid one year after full entry into inheritance. Before paying the fee, you must submit an income tax return for the previous year.
Important! A deed of gift for a share in a house together with a land plot is often drawn up in one agreement indicating the separate cost of each property. Thus, they act with both dachas and dachas.
Besperstova Alla Anatolyevna
Assistant lawyer for inheritance matters: consultations, resolution of disputes and issues, registration of inheritance
Articles written
Giving as a gift implies the free alienation of one's own material wealth in favor of a third party. Depending on the volume and category of transferred benefits, the Law provides for the possibility of both oral and written certification of this type of material legal relationship. A deed of gift for a house deserves special attention, since the object of the gift is real estate - an expensive gift, the registration of rights to which goes through an approved official procedure with the bodies of Rosreestr.
Before proceeding with the execution of a gift agreement, it is necessary to understand the peculiarities of the preparation and implementation of gift documents, especially those whose object is real estate.
Parties to the agreement
This is a bilateral agreement between the giver and the recipient of material benefits. The donor can be any person who has full legal capacity. At the same time, it is not necessary to be an adult, since the Law notes a number of conditions for obtaining full legal capacity before adulthood. The main condition for the alienation of a gift is the existence of ownership rights to the donated material goods.
The recipient, that is, the donee, can be any person, regardless of age and recognition of legal capacity. Also, these could be close friends, relatives or complete strangers. The main condition is the desire to receive this or that object as a gift.
Need to know! If the parties to the donation are official spouses, then when the official divorce is formalized, the donated property will not be divided, but will be transferred as personal property to the donee.
Process Basics
The law does not require the mandatory participation of a lawyer, but the involvement of a notary in drawing up an agreement is the key to the correct preparation of documents and the prevention of their cancellation.
Also, it is important to know that, along with the bilateral agreement, it is necessary to have a complete list of accompanying documents, without which a deed of gift for a house cannot be made.
Government costs
All actions to change ownership of real estate and movable property are subject to taxes. And the donation agreement for a residential building and land is no exception. At the moment, the payment of state duty is set at 13% of the total value of the property.
If the parties to the donation of the house are close relatives, then no tax is levied in favor of the state.
Important! Regardless of the degree of relationship of the participants, payment for notary services, if any, are used, are subject to mandatory satisfaction.
Features of registering a deed of gift for a house
According to changes in domestic legislation since 2013, the execution of a gift agreement does not require registration in state accounting. But the transfer of the right to an object from one person to another is necessarily reflected in Rosreestr. To do this, you should prepare a corresponding application and a complete list of documents confirming the donation, and submit them to the real estate registration authorities. It is this fact that is decisive in the form of drawing up a deed of gift for the house and land. The agreement is drawn up in writing in free form, but not by hand, but by typing a text document on a computer. This is due to the fact that in the future, in order to enter a document into the database, it will be necessary to scan it, which is much easier to do with a printed file.
Like any formal legal agreement, documents for a deed of gift for a house must contain all the necessary details and must necessarily reflect only truthful and honest information. So, the agreement should show:
- name of the document, time and place of its preparation;
- identifying information of the parties, including the degree of relationship (if any);
- the essence of the action being performed;
- detailed information about the transferred object;
- property value (necessary for tax calculation);
- transmission features;
- features of further operation.
Also, a separate paragraph should indicate the freedom of expression of the recipient regarding the gift given to him.
Attention! If the donor wishes to have the opportunity to use this object in the future (due to joint residence, etc.), then this is also indicated in the text of the agreement.
Alienation of a residential building
The most common type of gift for real estate is the gift of a private home. That is, it is a free transfer to a stranger of all rights to one’s own real estate. Despite the relative simplicity of preparing deeds of gift, there are several features of changing ownership of a residential building. Also, the same rules apply to the agreement of donation of a dacha.
A house or country building is located on a plot of land that belongs to the donor of the real estate on a lease or full ownership basis. You need to know that the Law prohibits the execution of property documents in favor of third parties separately from the determination of land ownership rights. That is, a standard contract for the donation of a house must contain information about a change in the ownership of the land.
If the donor is the owner of the land, then the agreement states that ownership of the land is transferred along with the right to own the house to the donee. In this case, there is no need to draw up an additional land donation agreement. If the donor leases the land, then all lease rights are automatically transferred to the recipient of the real estate located there.
To donate a residential building with a land plot, you must provide the following documents:
- a written agreement on the donation of a house and land;
- identification documents for both parties to the agreement;
- conclusion on property valuation;
- passport for real estate, as well as cadastral documents for land.
A donation agreement for a house and land implies that the donor must have ownership rights to the property, which also requires legal confirmation.
Alienation of your share in the house
The procedure for the alienation of shared ownership differs in some ways. In our case, we are talking about a donation agreement for a share of a residential building. The drawing up of a deed of gift for a house share is subject to the general rules and requirements on how to correctly draw up a deed of gift for a house. But, in addition to this, difficulties arise regarding the determination of part of the shared property.
Thus, there may be cases when several owners independently, without the participation of government bodies, determined the size of their shares regarding part of the house. This allows you to make a deed of gift for donating a share of the house, both to a relative and to strangers. But, over time, if the owner of one of the shares changes, due to inheritance or other circumstances, disputes may arise regarding the division of the plot between relatives. This dispute is the basis for going to court and government agencies, having assessed and measured the property, will recalculate the division order and determine the percentage shares that cannot be disputed. In this case, unforeseen complications may arise for the donee with the use of the property received as a gift. Therefore, it is best, before registering a deed of gift for a share in the house, to divide the home ownership on the basis of a court decision.
Also, the question regarding the donation of land remains open. The owner of a part of the house also has the right to the same ratio of land. Therefore, a deed of gift for a part of a house implies a donation of a share of a land plot.
Alienation of a summer cottage
How to draw up a deed of gift for a dacha depends on the individual and technical characteristics of the property being donated. This could be a donation agreement for a plot of land with a garden house, or simply the alienation of a piece of land. The most important thing is the existence of ownership rights to the transferred property.
If we are talking about a donation agreement for a summer cottage plot on which there are no buildings, then the procedure for registering a deed of gift implies the presence of cadastral documents for the land. If, however, the registration of a deed of gift for a dacha is associated with alienation, including real estate, then the deed of gift is drawn up only after the state assessment of material goods.
Where and how to issue a deed of gift for a house
If the parties wish to draw up an application on their own and collect all the documents, then step-by-step instructions will help, but they will not help prevent minor errors and typos, which are grounds for returning documents for revision. Therefore, in order to avoid delays in donating a house or registering a deed of gift for a dacha, it is better to seek the help of a notary or lawyer.
To the possibilities of registering a deed of gift for a house and a plot of land at home or in a lawyer’s office, you can also add the option of the Federal Registration Service. This is a targeted government body, which, unfortunately, works according to deadlines established by law (not always humane), and working with which will cause waiting in lines and bureaucratic red tape. But the employee will tell you in as much detail as possible about what documents are needed and how to do everything correctly and follow the procedure.
Russian legislation in the field of alienation of rights to real estate is not fully established and is still being improved. Its changes are sometimes difficult to follow.
In this material, we tried to answer in detail the main questions related to the gift of property:
- How to donate real estate?
- What documents do you need to collect for this?
- How to register rights to donated property?
Pros and cons of a gift agreement
Let us dwell in detail on the features of the gift agreement. The undoubted advantage of such an agreement is that the property becomes the property of the new owner immediately after registration and usually without additional conditions. Anyone who receives an apartment as a gift is not obliged to financially support or care for the donor. He can dispose of the donated property at his own discretion: sell, exchange, lease.
The disadvantage of a deed of gift is that it, like any other agreement, can be challenged in court. To avoid this, lawyers strongly recommend strictly complying with all legal requirements for a gift agreement.
Registration procedure
The general order looks like this. First you need to prepare a package of documents for registration of a deed of gift for an apartment or house with land. Correctly draw up and sign the deed of gift. And then register the transfer of ownership of the property.
By law, a gift agreement is concluded only in writing and in at least two copies. It is not necessary to notarize it. It would still be wise to arrange it with a specialized lawyer, because it is often difficult for a non-specialist to foresee all the nuances of the transaction.
Features of a gift agreement between relatives and with the participation of minors
Deeds of gift are most often concluded between relatives. It is important to consider the degree of relationship between the donor and the recipient. This directly determines what tax you need to pay for property received as a gift.
If the parties to the agreement are not close relatives, then the tax will be 13% of the value of the property. Only close relatives are exempt from taxation. The law clearly defined their circle:
- parents;
- children;
- spouses;
- brothers and sisters.
If a minor under the age of 14 years accepts an apartment as a gift, then the contract is signed for him by his legal representatives. They are parents or guardians. A minor who is already 14 years old signs the agreement himself, but legal representatives also put their signature on the document. In both cases, the transaction is made only on the basis of written permission from the guardianship authorities.
Note! Gift agreements concluded by legal representatives on behalf of minor children under 14 years of age and other incapacitated persons are considered invalid. And the rights to such real estate will never be registered by the state.
Documents for donation and registration of rights to donated real estate
The list of documents for registration of a deed of gift for an apartment or house with a plot has been approved by the Ministry of Justice:
- A statement from both parties to the transaction with a request to register the transfer of ownership of real estate.
- Three originals of the gift agreement.
- Documents for real estate: certificate of state registration of ownership and title document.
- Power of attorney, if a representative of one of the parties acts (notarized).
- Technical documents of the BTI: cadastral passport, floor plan.
- An extract from the apartment card or house register (no more than a month must pass from the date of the extract).
- Consent of the second spouse to donate common property (notarized). Or documentary evidence that the property belongs only to one of the spouses (prenuptial agreement, agreement on division of property, court decision on the allocation of the marital share).
- Permission from guardianship authorities.
- Passports of the parties.
To the documents for a deed of gift for a land plot, you need to add a cadastral passport for the land and title papers for it.
Note! The donor's land must be registered as his own, and not be in use or in inheritable possession for life. Otherwise, according to the law, he has no right to dispose of it.
The donation of a house and the land on which it stands can be formalized in one agreement. But the cost of the house and land is indicated in the document on separate lines. This also applies to a deed of gift for a garage or dacha.
Video: Lawyer on the nuances of a gift agreement
Costs of concluding a contract
Before you go to register the transfer of ownership at the Rosreestr branch, you need to pay a state fee. It must be paid by the new owner of the property in the following amount:
1) 2000 rub. for a house or apartment;
2) 350 rub. for a plot of land.
Note! If the database on government payments does not contain information about the payment of the state duty and the applicant does not attach a receipt for its payment, then the registrar will not accept the documents from him.
Since 2015, new deadlines for re-registration of ownership of real estate have been in force - 10 days from the date of application. After their expiration, the new owner receives a certificate of ownership of the property.
There are three ways to submit documents to the nearest Rosreestr office:
- by coming to the office in person;
- by mail with a description of the contents and notification of delivery;
- via the Internet directly to the Rosreestr portal.
Brief conclusion
It is quite difficult to challenge a gift agreement. But attempts to do this through the courts are sometimes made, often by a third party. Therefore, the preparation of a deed of gift must be carried out carefully, paying attention to details. To stop any attempt to challenge it, without leaving any legal grounds for this.
