In Russia, you can transfer property to each other in different ways. For example, by donation or by inheritance. Citizens wonder what documents are needed to give an apartment in a particular case. After all, such a scenario allows you to transfer housing from the owner to the recipient at any time. In addition, donors have undeniable advantages. About them will be discussed later. So what is required for a gift transaction? What tips and tricks to the maximum will facilitate the process?
Definition
First you need to understand what is at stake. A deed of gift is a legally significant document indicating the fact of the gratuitous transfer of property from one citizen to another. Moreover, the death of the donor is not a prerequisite.
The ownership of the property arises from the new owner immediately after signing the corresponding contract. But there are exceptions. It all depends on what kind of gift was made.
Types of gift agreement
In total, there are 2 varieties of the mentioned agreements in Russia. Thinking about what documents are needed to donate an apartment, you need to understand that you will have to learn a lot about this operation.
A gift may be:
- Ordinary. Such an agreement transfers ownership of the property immediately after signing.
- With obligations in the future. In this situation, the donor agrees to transfer the gift to the property in the future. In our case, an apartment.
Conventional agreements are recommended. They will secure the parties from disputes and troubles. In general, the process of registration of various gifts is no different from each other.
Who and to whom
The main thing is to find out what can be useful for the implementation of the task. Many are interested in who, to whom and when has the right to give property. The answer to this question is simpler than it might seem at first glance.
Donations are made out by the direct owner of the property or its legal representatives. You can transfer property under a gift contract to any citizens - relatives, organizations, third parties. The procedure for registration will remain the same in all cases. But after the conclusion of the contract, you will have to face some features. Namely, with the payment of taxes.
The nuances of concluding a contract
What documents are needed to register an apartment donation? Before you understand this topic, it is important to realize that receiving a gift is a kind of enrichment. And for this procedure you will have to pay tax. This obligation is imposed on the donee.
However, gifts do not always provide for taxation. Close relatives are exempted from payment. These include children, grandchildren, spouses, parents, grandparents. The rest of the relatives must pay after the conclusion of the personal income tax contract - 13%.
Design Methods
What documents are needed to donate an apartment? This is far from the most difficult question regarding gifts. Citizens have the right to draw up a study agreement in several ways.
Namely:
- at the notary public (the most common option);
- independently (through the registration chamber or MFC).
It all depends on the circumstances in which the apartment is transferred under a deed of gift. For safety reasons, it is recommended that you always act through a notary public. So the parties will be able to prove the validity of the transaction in the future.
When a notary is not needed
In some cases, as has already been emphasized, a notary is not needed. This is possible if:
- A deed of gift involves the transfer of a share of an apartment that is in common ownership with the donee.
- In a transaction in which the property has only one owner.
In other situations, notarial support of the operation is mandatory. Otherwise, the transaction can be canceled.
Design Instructions
What documents are needed to make an apartment donation? First of all, it is necessary to realize how this agreement is concluded. And only after that you can engage in the formation of a package of documents.
A step-by-step instruction on registration of a gift through a notary public looks like this:
- Think about who to give the apartment to. It is advisable to think carefully about your decision so that you do not have to cancel the operation in the future.
- Form a package of documents, necessary to bring ideas to life.
- Write a deed of gift. You can do this with the help of an experienced lawyer or notary.
- Come to a notary's office and sign an agreement.
Further, the donor can rest. His responsibilities and duties are over. After signing the donation, the donee must draw up ownership of the apartment, or rather, register them with Rosreestr. How to do this will be discussed later.
Documents for donating relatives
Now we can consider in more detail the question of what documents are needed to register an apartment donation. Basically, the list of securities depends on who the recipient of the property is to the donor.
Let's start with the design of a gift for an apartment to a loved one. In this case, you will have to bring a lot of papers. What documents are needed to give my daughter’s apartment?
Among them are:
- gift agreement;
- passports of the parties;
- birth / adoption certificate;
- extract from the Unified State Register of Property on ownership (or a certificate of an established form);
- documents with the registration of a citizen;
- certificate of paid duty;
- cadastral passport of real estate;
- marriage certificate (if any).
Also, a notarized consent to donation of property may be required from a citizen. For example, if the property has several owners or the apartment is purchased in a marriage. In this case, you will have to assure the consent of the notary.
It is clear what documents are needed for the contract of giving the apartment to relatives. If the donation is not written for the child, you will have to show any evidence of the kinship of citizens.
Legal entities
But that is not all! Sometimes donations to property are compiled by legal entities. The list of presented papers will change significantly.
What documents are needed for an apartment donation contract to organizations? Among them are:
- donor's identity card;
- certificate of ownership of housing;
- consent of all apartment owners to the operation (if there are other property owners);
- cadastral passport of housing;
- a deed of gift with a detailed description of the object of gift;
- receipt for payment of transaction fees;
- extract from the register;
- certificate of registration as a legal entity.
In fact, there is nothing difficult or incomprehensible in the donation process. Especially if the property has only one owner.
Other papers
It is clear what documents are needed to give an apartment to a loved one. Only the proposed paper lists are not exhaustive.
Sometimes gifts require the provision of other documents. In addition to the papers listed above, they request:
- permission of guardianship authorities - if a minor or legally incompetent person is involved in the transaction;
- the consent of the parents or other legal representatives to the operation - when giving the apartment belonging to the child;
- permission of the pledge holder to donate.
As a rule, most often in practice there are parental permissions to receive / alienate property. These papers are certified by a notary without fail.
Register Registration
It is clear what documents are needed to donate an apartment. And what is useful for re-registering property rights?
Must be submitted to the Rosreestr:
- passport;
- cadastral passport for an apartment;
- old certificate of ownership;
- gift agreement;
- Application for a new certificate of ownership.
Within 10 days, the citizen will be given the requested paper. That's all! You can use and dispose of the apartment!
The size of the transaction fee depends on the value of the property and family ties. The maximum payment amount is 60,000 rubles. This must be taken into account when issuing any gift.