Agreement for the donation of a residential building, 2021, 2022 - Agreement for the donation of real estate and other valuables

A donation agreement for a residential building with a plot of land is one of the types of lease agreements. Under such a transaction, one party transfers ownership of a piece of real estate to the other party free of charge. If the land plot on which the house is located belongs by right of ownership to the Donor, he also has the opportunity to give it as a gift.

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The subjects under a residential house donation agreement are: the Donor - an individual or legal entity who transfers ownership of the house and land in favor of the other party, and the Donee - an individual or legal entity who accepts the specified property as a gift.

At the same time, there are certain prohibitions in Civil Law regarding the parties to such an agreement. Thus, the subjects under this agreement cannot be: commercial organizations, persons working in government bodies and institutions, and persons under the age of eighteen.

An important factor is the presence or absence of family ties between the Counterparties. So, if the parties are close relatives of each other, then the agreement is not subject to taxation. If a transaction is concluded between persons who do not have family ties, the Donee undertakes to pay a tax in the amount of 13% of the value of the non-residential premises. The donation agreement for a residential building with a land plot must be formalized in writing. Below we will look step by step at how the above-mentioned document is compiled and what aspects are worth paying attention to.

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Information for the document

The procedure and conditions for concluding a gift agreement are regulated by Chapter 32 of the Civil Code of the Russian Federation. The same chapter discusses the conditions under which a donation may be prohibited, as well as the refusal of a gift and succession in the case of donation.

Features of document preparation

Completed sample contract
Contents of the agreement
Prohibition and restriction of donation
Rights and obligations of the parties

Contents of the agreement

According to paragraph 2 of Art. 209 of the Civil Code of the Russian Federation, the owner has the right, at his own discretion, to take any actions in relation to his property that do not contradict the law and other legal acts and do not violate the rights and interests protected by law of other persons.

According to Art. 572 of the Civil Code of the Russian Federation, under a gift agreement, the donor undertakes to transfer the property to the donee free of charge.

If at the same time there is a counter transfer of a thing or an obligation, then such an agreement is recognized as sham by virtue of Art. 170 Civil Code of the Russian Federation. The donation agreement must contain:

A specific gift item in the form of a thing. If the agreement specifies the transfer of all property or part of it without specifying the subject of the gift, then such an obligation is void - clause 2 of Art. 572 of the Civil Code of the Russian Federation.
The donation agreement for a residential building is subject to mandatory state registration - clause 3 of Art. 574 Civil Code of the Russian Federation.
Parties to the agreement: full name and residential address.
Rights and obligations of the parties.
Responsibility of the parties.
Date and place of conclusion of the contract.
Signatures of the parties with transcripts.

Important! If the agreement specifies an obligation to transfer property to the donee after the death of the donor, then such an agreement is considered void. The rules of civil law on inheritance apply to him - clause 3 of Art. 572 of the Civil Code of the Russian Federation.

Prohibition and restriction of donation

Article 575 of the Civil Code of the Russian Federation lists the conditions under which donation is not allowed:

On behalf of minors and incapacitated citizens, as well as their representatives.
Donation to medical and educational organizations, as well as organizations providing social services, as well as to spouses and relatives of these citizens.
Donation in relation to persons holding government positions in the Russian Federation, in the constituent entities of the Russian Federation, municipal positions, civil servants, municipal employees, employees of the Bank of Russia, in connection with their position or performance of official duties.
Between commercial enterprises.

The ban does not apply to gifts whose value does not exceed 3 thousand rubles, or to gifts received by state and municipal employees in connection with protocol events, business trips or other official events. If the value of the gift exceeds 3,000 rubles, then it is recognized as state property.

The restriction on donation is regulated by Art. 576 of the Civil Code of the Russian Federation, and is imposed on:

A legal entity that disposes of a thing under the right of economic management or operational management. Donation of such an item can only be made with the consent of its owner.
Property that is jointly owned by several persons can be donated only with the consent of all participants in the shared ownership.
The right of claim against third parties is transferred only if the rules provided for in Articles 382 - 386, 388 and 389 of the Civil Code of the Russian Federation are observed.
The gift of fulfillment of an obligation to third parties is carried out in compliance with the rules provided for in paragraph 1 of Art. 313 of the Civil Code of the Russian Federation, according to which the creditor is obliged to accept performance offered for the debtor by a third party if the fulfillment of the obligation is entrusted by the debtor to the specified third party.
A power of attorney for donation issued without indicating the subject of the gift and the donee, such a power of attorney is considered void.

Rights and obligations of the parties

According to Art. 573 of the Civil Code of the Russian Federation, the recipient has the right to refuse the gift before it is actually transferred to him. In this case, the contract is considered terminated. But if the donation agreement was concluded in writing, then the refusal of the donation must be formalized in writing.

Article 577 of the Civil Code of the Russian Federation provides for conditions under which a donor may refuse to execute a gift agreement concluded in writing, according to which such conditions include a change in the marital status or state of health of the donor, namely if the execution of the agreement will entail a significant decrease in the donor’s standard of living.

In addition, the donor has the right to cancel the donation if the donee made an attempt on his life and health, or the life and health of his family members, close relatives, or if the donee caused bodily harm to the donor - Art. 578 Civil Code of the Russian Federation.

According to Art. 580 of the Civil Code of the Russian Federation, damage caused to the life, health or property of the donee due to defects in the donated item is subject to compensation by the donor if it is proven that these defects arose before the transfer of the item to the donee, are not obvious and the donor, although he knew about them, did not warn about them to the donee.

The procedure for registering a DD: nuances

In order to conduct a transaction without risk, registration takes place according to a clear and verified algorithm, which must be followed strictly by both parties:

verbally discuss all the nuances;
collect and check all documents necessary to complete the transaction;
draw up and sign a deed of gift;
have the DD certified by a notary;
prepare a registration package;
pay the state fee;
hand in papers;
receive confirmation of the change of ownership.

The donor and the recipient need to discuss possible conditions for the alienation of property at the stage of oral negotiations. There are cases when, due to the conditions set out, the contract could not be considered gratuitous, and therefore reflected a different type of transaction.

The collection of documents falls on the shoulders of the donor. He must ensure that all copies are brought into the required form and that the permits are up to date.

DD can be drawn up either independently or with the help of specialists. The main thing is that there are no errors in it. Otherwise, the registration procedure will be suspended until the DD is re-concluded.

DONATION AGREEMENT

________________________________________________________________
(place and date of conclusion of the contract in words)

Citizen(s) of the Russian Federation _____________________________________________ 01/01/1900, passport series _________ No. ____________ issued ______________________ 01/01/2002, code sub. 000-000, registered at the address: ___________________________________________, hereinafter referred to as the “Donor”, on the one hand, and

citizen of the Russian Federation _____________________________________________ born 01/01/1900, passport series _______ No. _____________ issued _____________________________________ 01/01/2002, code sub. 000-000, registered at: _______________________________________

hereinafter referred to as the “Done”, on the other hand, and when jointly referred to as the “Parties”, have concluded this Agreement as follows:

SUBJECT OF THE AGREEMENT

1.1. In accordance with this Agreement, the Donor transfers free of charge into the ownership of the Donee an individual housing construction facility - a one-story residential building located at the address: _________________________________ (One) - hereinafter referred to as the "Residential Building" and a LAND located at the address: _________________________________ (One) - hereinafter according to the text “Land”.

1.2. The total area of the Residential building is __________ (______________________) sq.m.

Number of floors of the house – ______________,

Liter: ___________,

Inventory number (previously assigned account number): ________________,

Cadastral number of the object: ______________________.

1.2.1. The residential building belongs to the Donor by right of ownership, which is confirmed by the Certificate of State Registration of Property Rights dated “__”________20___, series _____ No. __________, issued by the Office of the Federal Registration Service for ________________________ on the basis of the Resolution ____________________________, Cadastral Passport of a building, structure, object of unfinished construction dated “ __»________20___, issued by the Office of the Federal Cadastre of Real Estate on ___________________.

1.3. The area of the land plot is ________ (_________) sq. m,

Purpose: lands of settlements, for individual housing construction,

Cadastral number: _________________.

1.3.1. The land plot belongs to the Donor by right of ownership, which is confirmed by the Certificate of State Registration of Property Rights dated “__”________20___, series _____ No. _________, issued by the Office of the Federal Registration Service for ___________________ on the basis of Resolution ________________ No. ___ dated “__”________20___.

1.4. The parties valued the donated property at __________ (_____________) rubles.

1.5. Before signing this Agreement, the donee inspected the indicated Residential Building and Land Plot; he is aware of the qualitative characteristics and regime of the alienated property. The inspection revealed no defects. The residential building and land plot are in a condition that allows them to be used for their intended purpose.

1.6. The recipient accepts the specified Residential Building and Land Plot as a gift from the Donor.

RIGHTS AND OBLIGATIONS OF THE PARTIES

2.1. The donee has the right at any time before registration of the transfer of ownership of the subject of this Agreement to them to refuse the gift. In this case, this Agreement is considered terminated. Refusal of a gift must be made in writing.

2.2. The Donor has the right to refuse to fulfill this Agreement if, after the conclusion of the Agreement, the property or marital status or state of health of the Donor has changed so much that the execution of the Agreement under the new conditions will lead to a significant decrease in his standard of living.

2.3. The Donor has the right to cancel the donation if the Donee makes an attempt on his life, the life of one of his family members or close relatives, or intentionally causes bodily harm to the Donor.

2.4. The Donor has the right to cancel the donation if he survives the Donee

2.5. In case of cancellation of the donation, the Donee has no right to demand compensation for losses.

2.6. The Donor is obliged to transfer the Residential House and Land in a condition that allows them to be used for their intended purpose.

2.7. The donee is obliged to use the Residential Building and the Land Plot in accordance with their intended purpose and intended use.

CONFIDENTIALITY

3.1. The terms of this Agreement and additional agreements to it are confidential and are not subject to disclosure.

DISPUTE RESOLUTION

4.1. All disputes and disagreements that may arise between the parties on issues that are not resolved in the text of this Agreement will be resolved through negotiations on the basis of current legislation.

4.2. If controversial issues are not resolved during negotiations, disputes are resolved in court in the manner prescribed by current legislation.

STATE REGISTRATION

5.1. This Agreement comes into force and is considered concluded from the moment of state registration of ownership by the Donee in the Unified State Register of Rights to Real Estate and Transactions with It.

5.2. The costs associated with the state registration of the Agreement, as well as the ownership rights of the Donee, are paid at the expense of the Donor.

5.3. The Donee acquires ownership of the subject of this Agreement after state registration of the transfer of ownership by the Donee in the Unified State Register of Rights to Real Estate and Transactions with It. From the moment of state registration of the Donee’s ownership in the Unified State Register of Rights to Real Estate and Transactions with It for a Residential Building and a Land Plot, the latter are considered transferred from the Donor to the Done.

SPECIAL CONDITIONS

6.1. The Donor guarantees that before signing this Agreement, the Residential Building and the Land Plot have not been sold to anyone, not donated, not pledged, not encumbered by the rights of third parties, including those who have the right of use in accordance with the law or the Agreement, in a dispute and under arrest (ban) do not consist.

6.2. The Parties to the Agreement confirm that they are not deprived of legal capacity, are not under guardianship or trusteeship, do not suffer from diseases that prevent them from understanding the essence of the Agreement, and there are no circumstances forcing the execution of this Agreement.

6.3 The parties confirm that the condition of the Residential Building and the Land Plot comply with the terms of this Agreement, are suitable for living and intended use, and have no obvious deficiencies.

The Donor handed over to the Done, and the Done accepted from the Donor the title documents and the keys to the Residential Building. The obligations under this Agreement have been fulfilled in full; the parties have no mutual claims against each other.

This agreement simultaneously has the force of an act of acceptance and transfer.

FINAL PROVISIONS

7.1. In everything that is not provided for in this Agreement, the parties are guided by the current legislation of the Russian Federation.

7.2. Any changes and additions to this Agreement are valid provided that they are made in writing, signed by the parties and registered in the prescribed manner.

7.3. This Agreement may be terminated in accordance with the procedure established by law before registration of the transfer of ownership to the Donee.

7.4. The agreement is drawn up in five copies having equal legal force, one of which is kept by the Donor, the second by the Donee, and the third by the body that carries out state registration of rights to real estate - the Office of the Federal Registration Service for _____________________.

SIGNATURES OF THE PARTIES:

Donor ___________________ Recipient _____________________

Download the document “Donation agreement for a residential building”

Law

All transactions with real estate carried out by citizens are subject to the norms of civil law. Legislative regulation is necessary to respect the rights of each party to the agreement.

The concept and procedure for donation are reflected in Article 572 of the Civil Code. Article 573 establishes the rule for the transfer of a house located on a plot of land transferred as a gift. The land plot under the house is automatically transferred to the donee when a residential building is registered on it.

Additionally, before registering a donation, you need to know that not every owner has the right to enter into such an agreement and transfer real estate to a relative. The transaction will be declared invalid if the donor turns out to be a minor or incapacitated at the time of its conclusion.

The gift document is unilateral and gratuitous; only the donor is responsible for all risks arising. On the part of the donee, there is only a need to accept the property. In this case, the contract may specify additional conditions, subject to which the relative will become the full owner of the property. For example, the donor may specify in the agreement that the property can only be transferred after his death.

Who can I apply for?

It is known that real estate re-registration procedures are not always suitable for a specific situation. In some cases, it matters greatly who the parties to the contract are. Let's figure out who can issue a deed of gift for a house.

The following restrictions are provided for the re-registration of a house under a deed of gift according to the personnel of the parties to the agreement:

Property cannot be given to children under 14 years of age.
It is prohibited to give gifts to employees of educational organizations (teachers, educators, head teachers, directors, etc.), medicine (doctors, medical personnel), social assistance by persons who receive these services. For example, a patient cannot donate a house to a doctor who is treating him.
Gifts to officials are not allowed.

In other cases, you can donate a house to either your relative or any third party. Gift agreements are very popular when real estate is transferred specifically to relatives - children, parents, brothers and sisters, and so on. This is due to the highly trusting relationships built in the family.

There are several nuances that need to be taken into account when drawing up a deed of gift for a house:

It is better to replace the gift of a house acquired jointly by spouses between husband and wife with other methods - allocating a spousal share or signing a marriage contract;
if a minor between 14 and 18 years old receives the property, he can sign the contract himself with the consent of his parents;
If real estate is given to a minor who has not reached 14 years of age, then the parent signs the contract for him.

Attention. There is no need to obtain permission from the guardianship authority to re-register in the child’s name.

Comments on the document “Donation agreement for a residential building”

Reply 0

Alina

10/12/2012 at 16:42:14

The contract is clearly not from 2012 (what about registration at Companies House?).

The words slip through: Buyer, house for sale. What is strange about the Gift Agreement?

Personal message | Reply 0

Contract-Yurist.Ru

Status: Legal company

rating 460

10/13/2012 at 21:45:15

Thanks for your critical comment. We are doing everything to improve our contract database and have taken your comments into account.

The residential building donation agreement has been replaced with a new version.

Reply +1

Tatiana

01/18/2014 at 12:38:53

The sample contract is clear, nothing superfluous, all the essentials are mentioned. Everything is clear and clear. Thank you.

Reply 0

Edward

02/13/2014 at 15:34:17

THX

Reply 0

Arina

03/17/2014 at 03:33:52

Hello. Please tell me whether there should be some kind of seal on the contract? And if I should put it where?

Reply 0

Julia.

07/10/2014 at 15:08:57

Could you send me a deed of donation of 1/4 share of a residential building? The recipient is a minor.

Reply 0

anonymous

10/16/2014 at 12:23:12

generally complete nonsense

Reply 0

Andrey

02/25/2015 at 10:27:13

Why a one-story residential building, and not a one-story residential building and the same for a land plot?

Reply 0

Timur

01/28/2016 at 12:23:19

Thank you! The material turned out to be useful! I wish you success!

Reply 0

Maria

11/29/2016 at 12:17:58

I need a contract for the gift of a house from a husband to a wife who is married and the property was acquired during the marriage, that is, with the definition of shares and the donation of this share, and all in one contract

Reply 0

Vladimir

12/01/2016 at 12:09:15

My wife and child live in another city in a private house of which I am the owner, can I draw up a deed of gift for her without her participation if the property is in another city?

Reply 0

Alexei

12/21/2016 at 11:56:02

I was looking for a donation agreement for a residential building with a 3/4 share of land to three grandchildren) I found a more suitable option

Reply 0

Anatoly Shaforostov

07/19/2017 at 01:31:06

The text of the contract is excellent, everything is taken into account in it!

Question:

If the House Donation Agreement is drawn up formally, does not have any data about the house, land plot, no cadastral data, etc., but is registered without an acceptance certificate, can such a transaction be considered illegal?

Reply 0

Alexei

01/17/2018 at 11:50:09

If not all the land is donated, but how to fill it

Reply 0

anat	01/22/2018 at 18:17:38 well composed sample

Reply 0

Inna

01/23/2018 at 20:25:19

Hello! I want to give my own house to my mother. Can I draw up a gift deed myself without contacting a notary?

Reply 0

Alexander

02/01/2018 at 08:40:27

The information helped. Excellent!!!!!

Reply 0

Volodya

07/15/2019 at 20:25:06

Thank you, good deal

Reply 0

Anisiya

08/05/2019 at 04:51:16

Good afternoon How do we draw up an agreement to donate a share of the rights of a private house to children?

Reply 0

Elena

09.23.2019 at 17:21:09

thank you, very useful information

Reply 0

Olga

12/15/2019 at 18:39:57

Thank you, I liked the agreement.

Reply 0

Alexander

04/06/2020 at 18:43:48

Sorry, but it seems to me that your sample agreement spells out many points in too much detail, for all possible cases in ordinary life. Therefore, he (or it seems to me) is a little boring. If there are good relations between close relatives, many things may not be included in the contract. Such a detailed description of some of your points is sometimes even insulting to the Donor, and for the Donee they are often of no interest.

Reply 0

Irina

07/02/2020 at 20:23:51

thank you, it helped a lot

Reply 0

Elena

09/15/2020 at 09:42:56

The presented sample fully complies with the requirements, and does not contain anything superfluous. I will use this exact template.

Reply 0

Hope	04/01/2021 at 01:14:33 Thank you very much. It helped a lot.

Reply 0

Isaeva Tamara

04/28/2021 at 21:11:36

Thank you for the useful information and help.

Reply 0

Tatiana

05/12/2021 at 18:18:35

Is it possible to challenge a gift deed after registration?

Personal message | Reply 0

Vyacheslav Lukyanov

Status: Client

11.11.2021 at 11:21:39

If you need an apartment in the Moscow region, I can recommend you one company that will quickly find such an apartment for you. It’s just that last year we bought an apartment for our son in Lyubertsy. The prices there are quite reasonable! go to their website on the Internet https://www.kvartiranew.ru/nedvizhimost_Moskovskay... Study. I recommend!

Features of a deed of gift for a house between close relatives

Donation between close relatives follows the standard scheme as between other persons. It should be remembered that if a donation occurs during a period of bankruptcy or to avoid liability (so as not to pay taxes, so as not to have property seized), there is a high risk of challenging such a transaction by interested parties. These may be creditors of obligations, bankruptcy creditors or an authorized body - the tax service.

In addition, gifts between relatives are not subject to personal income tax. This means that, having received the property, the recipient will not have to pay 13% of the price of the house to the budget. The contract can indicate a relationship, but this is not necessary.

You can see what a sample deed of gift between relatives looks like here.

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State registration

State registration of the deed of gift in Rosreestr was required until 03/01/2013.
In 2021, only the re-registration of ownership of the house and land takes place according to this gift agreement.

Re-registration completes the deal. The application to Rosreestr and the signing of the contract may be separated in time. The validity of the deed of gift will not be affected by this.

After re-registration, the new owner receives a current extract from the Unified State Register of Real Estate . It confirms his rights to the plot and house: from that moment on, he can dispose of them at his own discretion within the framework of the law, and is also obliged to pay land and property taxes.

What is the price

Amount of state duty: re-registration under a deed of gift will cost 2,000 rubles.

Notary services: for certification of a document concluded between close relatives, a fee of 3,000 rubles must be paid. + 0.2% of the valuation of real estate, but not more than 50,000 rubles. and technical services about 5,000 rubles.

When drawing up a gift agreement between third parties, the amount of the state duty depends on the cost of the building and the site: up to 1,000,000 rubles. – 3000 rub. + 0.4% of the transaction amount; from 1,000,001 to 10,000,000 – 7,000 rubles. + 0.2% of the transaction amount exceeding RUB 1,000,000; over 10,000,000 – 25,000 rub. + 0.1% of the transaction amount exceeding RUB 10,000,000. Plus technical work (about 5,000 rubles).