The solution of the housing problem today in Russia is one of the most urgent problems. No wonder - the cost of housing in our country is higher than in any of the countries of Europe. And this fact forces compatriots to take a more than serious approach to all aspects related to real estate.
One of the popular ways in which you can transfer the rights to a dwelling is to give. Of course, the design of a gift is not a simple process, it is necessary to provide for a number of numerous nuances to optimize the expenditure of time and effort.
Gift certificate for an apartment: what documents are needed
Specify this question in advance, regardless of who you are to be - the giver or recipient. What documents are needed for the donation? How long will they be collected? So, let's start in order.
First of all, passports of both the donor and the donee will be required. It is more difficult when it comes to joint ownership. If you plan to donate to the apartment, what documents are needed in this case? Remember that when the alienated apartment is the common property of the spouses, the consent of the second half (husband or wife) to carry out the transaction is mandatory, it must be notarized.
The contract is not drawn up in one copy. Their number is equal to the number of participants in the transaction. Each of them is given a copy in their hands, another one is intended for transfer to the Registration Chamber. That is, if two people participate in the legal procedure, three copies of the contract are signed.
What will be required besides
What other documents will be needed to issue a gift certificate for an apartment? Do not forget about extract from the house book, certifying number and composition of registered in the apartment. In some cases, the lawyer who executed the transaction can do without it (not require presentation). But it will not be superfluous - you will not only save time, but also officially inform the donee about the situation with the tenants in the received apartment.
Well and most importantly - documents proving ownership of the alienated apartment.
Special cases
What documents are needed for a deed of gift in a situation where proxies act on behalf of the participants? They without fail will need officially executed (i.e. certified by a notary) powers of attorney.
If adults (parents, other relatives) plan a deed of gift for an apartment, what documents are needed in this case? If the donee has not reached the age of majority or is declared legally incompetent, the list of documents must be replenished with the permission of the trustee body. The same thing - if his interests are not represented by the parents, but by the guardian.
We make a gift certificate for the apartment: documents, deadlines
When preparing a package of documents for housing, stock up, in addition to the originals, with high-quality (legible) copies. This will help you out if, when signing the transaction, the lawyer does not have a working copier at hand.
Usually, the listed list of documents is quite enough to formalize a gift certificate for a spouse, child, or someone from close relatives. But sometimes the Registration Chamber may request any documents or certificates in addition. So it is worth examining their complete list, for which you can contact a lawyer. He will check all collected papers and name the missing ones.
When completing a transaction, all its participants (donors and donors) meet in the office of the registrar - a lawyer who checks the availability of everything necessary and draws up an application. It must be verified and signed by all parties to the transaction. Then the data is entered into the register, after which the deed of gift is considered to have entered into force.
Talk about urgency
Like any transaction donating to an apartment (documents and execution) requires a certain amount of time. After the registrar has checked the necessary documents and filled out a donation statement, all participants in the transaction are given receipts with a detailed description of the situation, a list of documents that are accepted for storage (the original passports are not collected - only copies) and the date of signing the application. The very same one receives the testimony of the donee (if there are several of them, then each of them).
Most often, the full registration procedure takes place within 7 days (work). But sometimes the registration authorities do not fit into this period. Difficulties may arise if the apartment has several owners, or, for example, a mortgage or mortgage loan is issued for it.
That is why you should not go to the lawyer for documents immediately after the specified date - it is better to stock up on his work phone number in advance, by which you can find out if your documents are ready. Upon completion of all procedures, the donee takes a new certificate in his name, and both the donor and the donee receive a copy of the gift agreement in their hands. Why they will need the original passports and a receipt that was issued at the time of transfer of the documents to the registrar.
If you are in a hurry
Is it possible to speed up the process? You can, if you are helped by an experienced lawyer who has the right to register gift agreements. He knows well how a gift certificate for an apartment is issued, what documents are needed, he will be able to take into account all the necessary nuances. A certain amount will be required to pay for notary services, but the list of required documents will be significantly reduced, and less time will be required.
In this case, you will need copies and originals of passports of both parties (i.e. the donor and the donee), an extract from the Unified State Register of Legal Entities, and also a certificate of ownership. Having received these documents from you, an experienced notary will carry out the necessary procedure quickly enough. At the same time, a rather serious amount will have to be paid for drawing up the contract - from 2,000 rubles. Therefore, decide in advance whether you are ready to pay for the time saved.
Money issue
What is the cost of registration? Unfortunately, it is impossible to name the exact amount - it depends on various factors, including the one to whom the apartment is given - to the parent, child, sister (brother), etc.
A certain amount is paid for registering an agreement with the Registration Chamber (about 1,500 rubles). When the donee is a family member or close relative (parent, child, spouse, sister or brother, grandfather, grandmother, grandson or granddaughter), a state duty of 0.3 is payable % of the cost of housing donated (but not less than 300 rubles.)
How much is the fee
If the apartment is presented to someone from other citizens who are not related to the number of close relatives, the size of the state duty is different. Which one? It depends on the price of the apartment indicated in the contract. If this figure does not exceed one million rubles, the state duty is 1% of it (but not lower than 300 rubles). The cost is in the range of 1 000 000 - 10 000 000 rubles. - 10 000 rub. and 0.75% of the amount exceeding a million.
If the apartment is more expensive than 10,000,000 rubles. - 77 500 rub. and 0.5% of the amount in excess of 10 million. These figures are for 2014. By law, the donor is required to pay the state fee. But by mutual agreement of the parties and verbal agreement, it can be divided into all or paid by the donee.
The Benefits of Giving
What are the benefits of donation? There are a lot of them. Firstly, the design is maximally simplified. Even collecting a package of documents from scratch will take no more than a month. Secondly, efficiency.The gift agreement comes into force immediately after the application for the transfer of ownership is signed. Whereas in case of sale, the contract is valid only after registration in the State Register.
Why is this so important? There are situations when elderly relatives, for a number of reasons, are in a hurry to transfer ownership of the children or grandchildren.
In addition, by giving it is possible to circumvent some complex legal situations. For example, if there are several owners of an apartment, and one of them is against its sale. If the act of sale is not obtained, the owner can always give his share.
Cons of giving
There are limitations. It is impossible under the law to donate real estate to a civil servant, an employee of an educational institution or a social protection body.
Another point - the gift is an act gratuitous transfer of property, in this case, housing. That is, it can be challenged in certain cases. What are these cases? A difficult situation may arise if the elderly donor does not have any other living space for his own residence. Moreover, before signing the deed of donation, certain events could have taken place that had a definite effect on the donor (his psychological state).
Of course, to challenge the gift is not the easiest thing. But still, it is much easier to do this than in the case of the sale. It should not be forgotten that a gift contract is an unconditional transaction, that is, property is not subject to encumbrance. That is why, after the donation procedure, older owners risk being on the street, deprived of any rights to their former housing.
What can you do here?
Caught in a similar situation, people often ask if the donation agreement can be revoked. Alas - after its entry into force in most cases this is impossible. In practice, the process of challenging the gift is extremely complex and often inconclusive.
In order to protect themselves from such situations, it is most reasonable for an elderly owner to draw up a legally competent testament instead of a deed of gift, a sample of which can always be found.
Other questions
Is it possible to sell an apartment if it is presented to you? Of course you can. Immediately after entering it into the state register and entry into force, an adult and capable donee are entitled to any operations with their property.
Do any heirs retain any rights? With the correct preparation of the gift of the heirs lose all rights to the apartment, the sole owner is the donee.
Heirs (children or grandchildren) have the right to try to prove through the court that the donor was pressured or that he was not at the time of signing the contract. But in most cases, such claims are rejected.
Now you know how to properly issue a gift certificate for an apartment, and what pitfalls can await you along the way. Let's hope that this information was useful to you and helped to avoid possible errors.
