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.
Donation agreement for a residential building
Kurgan
February 14, 2023
We are: Anatoly Anatolyevich Malikov, born 01/01/1955, living at the address Kurgan region, Kurgan city, Komsomolskaya street, building 131, apartment 313, passport XXXX XXXXXX, issued by the Federal Migration Service of Russia for the Kurgan region in the city of Kurgan on 01/01/2021, hereinafter referred to as Donor on one side And Malikov Sergey Anatolyevich, born 01/01/1995, living at the address Kurgan region, Kurgan city, Burova street, building 232, apartment 236, passport XXXX XXXXXX, issued by the Federal Migration Service of Russia for the Kurgan region in the city of Kurgan on 01/01/2015, referred to as Subsequently, the Donee on the other hand entered into this agreement as follows:
The preamble to the treaty traditionally includes:
- type of transaction;
- place and date of conclusion of the agreement;
- names and roles of parties to the agreement;
- residential addresses and passport details of the parties.
To whom can a share of a land plot be donated?
If only an adult capable person has the right to act as a donor, then there are practically no requirements for the donee.
Young children can also obtain a plot of land under the DD, but with the consent of their parents. Permission from the guardianship authorities is not required. If the child is over 14 years old, he signs the deed of gift independently, then his presence will be needed to re-register ownership and receive a new extract from the Unified State Register. If the child is under 14 years old, the parents sign and contact Rosreestr for him.
Thus, donation is possible to a wide range of people:
- close relatives;
- friends, acquaintances;
- spouses;
- legal entities.
Important! You cannot issue a DD in favor of bank employees, employees of medical, social or educational organizations if the donor receives services or assistance there - this is prohibited by Art. 575 of the Civil Code of the Russian Federation. Donations on behalf of minors or incapacitated citizens are also prohibited.
Item
The main essential condition in a transaction of this kind is its subject matter. The subject is the residential building itself, as well as the land plot on which the property is located. In the section where information about the item is written, a comprehensive description of the house that is being donated should be given. So it looks like this:
The Donor transfers into ownership of the Donee a residential building, which is located at the address: Kurgan region, Kurgan city, Zaozerny village, house 16. The specified house is built of log and brick material, includes 2 (Two) floors, 6 (Six) rooms including a kitchen , 2 (Two) restrooms and 1 (One) storage room. The total area is 114 (One hundred and fourteen) square meters. The property includes additional structures and structures that are attached to it: parking for two cars, a bathhouse, a summer veranda. There is a plot of land measuring 10 (ten) acres. The owner of the above real estate until the conclusion of this agreement is the Donor. The donor and the recipient are close relatives to each other, namely father and son (other family ties may be indicated).
The procedure for donating a share of an apartment in the presence of another owner
Donation is a gratuitous type of transaction . This is due to an indispensable condition - the second party does not transfer absolutely any valuables to the first. The Civil Code stipulates that the consent of other owners is necessary when alienating property for a fee. Therefore, donation in our case does not fall under the obligation to obtain the permission of the co-owners of the property.
Having decided to donate your part of the property, you can act without notifying other persons.
How to donate a share of an apartment in common joint property?
- Come to a notary office to prepare an agreement.
Transactions with shares are subject to mandatory certification by a notary (find out more about how to draw up a deed of gift and whether it is possible to do without a notary here). You should take your passports and existing documents for the apartment with you. The co-owner does not participate in the transaction, his signature is not needed anywhere. - To complete the procedure, you may need permission from the donor’s spouse to alienate the part, also notarized.
It will be needed if two conditions are met simultaneously:
- At the time of acquisition of the property, the donor was legally married.
- The donor received his right on a reimbursable basis (purchase and sale, barter).
- Go to the MFC department or the cadastral chamber . There you submit the package of documents you prepared to the employee.
- When accepting documents, an employee of the institution creates an application for the transfer of rights from the donor and the emergence of rights from the donee.
You submit the original documents for examination.
- The processing time for documents with a notary mark is 3 business days. As a result, each party will receive a deed of gift with a Rosreestr stamp, and the donee will receive an extract from the Unified State Register of Real Estate, in which he will be listed as the owner.
Thus, the answer to the question “Is it possible to donate part of the apartment to another owner?” seems obvious: “Yes, you can.”
Current legislation does not contain any restrictions regarding who can transfer their property.
Also on our website in this article you can read about the nuances of donating a share of an apartment to relatives and children, and about whether you can donate a share in an apartment without the consent of the second owner, whether you need the permission of other owners and how to do everything correctly, find out here.
Rights and obligations
The section on the rights and obligations of the parties is written down in the paragraphs of the document in order to indicate mutual obligations. According to the principle of freedom of contract, which is enshrined in the Russian Federation, the conditions may be different. We will indicate the formulations that are most often compiled:
The Donor has the right to: Cancel the execution of the gift agreement if the Donee has committed illegal actions against the Donor, his family or close relatives. Demand termination of fulfillment of obligations under the contract in cases provided for by the current legislation of the Russian Federation. The Donor undertakes to: Transfer ownership of a residential building with a land plot to the Donee in accordance with this agreement. The donee has the right to: Refuse to accept the above-mentioned real estate as a gift. The donee undertakes: To return the residential building with the land plot in the event of termination of this agreement.
Legislative regulation
The Civil Code of the Russian Federation regulates all issues relating to changes in ownership of various types of property through certain transactions. This also applies to concluded gift agreements.
Detailed regulation of the entire process of registering a deed of gift for any type of property is carried out by Chapter 32 of this normative act.
In particular, options for drawing up gift agreements (which
are mandatory, including when making a deed of gift in which the value of the gift exceeds the amount of three thousand rubles), as well as their certification.
Since a plot of land or its share is an expensive gift, Chapter 32 (Articles 577-578) states that such a transaction can be terminated due to the significant cost of the gift.
In addition to civil legislation, the agreement for the gift of a share of a land plot or its share is also regulated by land legislation, which, however, as a possibility of transferring the right to use certain lands, only considers the option of renting, but makes the reservation that this method applies only to agricultural land , as well as allocated for individual residential construction.
At the same time, this Code does not reject the question of the possibility of donating a particular plot of land.
Thus, the regulation of the issue of land donation is carried out in two directions of modern legislation - civil and land.
Final provisions
This section contains final clauses that summarize the information specified in the contract. For example:
The transaction is considered concluded from the moment it is signed by the Parties and the state registration of the Donee’s ownership of the property. For all points not reflected in the clauses of the agreement between the parties, they are guided by the current legislation of the Russian Federation. The agreement is drawn up in three copies, one of which is kept by the rights registration authority, and two by each of the parties.
What documents are needed to donate a dacha?
To carry out all the above-described stages of drawing up a contract for the donation of a dacha from one person to another, the parties (for the most part, the donor of the property) must have these 5 types of documents on hand:
- original passports of the parties involved in the registration of the deed of gift;
- papers confirming state registration of the land plot and buildings on it;
- all title documents for the land plot and buildings on it, confirming the donor’s right to dispose of this object;
- technical and cadastral passports and plans (for the site and buildings);
- other available land and legal documentation.
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And, in order to register the ownership of the new owner of the property, you need to add to the existing papers:
- original deed of gift;
- transfer deed (if it was concluded);
- a receipt confirming successful payment of the state duty established by current legislation.
Is it possible to draw up a deed of gift for a share without a notary?
Since 2021, any transactions on the alienation of shares must be certified by a notary. You can do without it only if the plot belongs to one person who gives a share to the second.
If there are several owners, notarization is required.
It is not necessary to notify the remaining owners about the transaction - they are only given a pre-emptive right when selling a share. But if the share was purchased during marriage, you need to obtain the notarized consent of the spouse.
Cost of notary services
The spouse's consent to the transaction will cost 500 rubles, it is drawn up before the deed of gift is certified. The fee for DD depends on the cadastral value of the share. According to Art. 333.24 of the Tax Code of the Russian Federation, its amount is 0.5% of the price of the “gift”, but not more than 20,000 rubles.
If certification is not necessary (when alienating a share on a plot with one owner), for your own safety you can contact a notary - this way, if problems arise, it will be more difficult for third parties to challenge the transaction.
Instead of a fee, in this case a tariff is paid (Article 22.1 of the “Fundamentals of Notary Legislation”), depending on who the donee is to the donor:
- Spouse, parent, grandson, granddaughter, child. For a share price of up to 10 million – 3,000 + 0.2% of the amount. Over 10 million – 23,000 + 0.1% of the price over 10 million rubles.
- Not a close relative at a cost of up to 1 million rubles. – 3,000 + 0.4%.
If the donee is not closely related to the donor, and the value of the share exceeds 1,000,000 rubles, you will have to pay more.
Cancellation of deed of gift for a share of land
Cancellation of a DD is possible after the death of the donee, if the condition is specified in the document.
There are other grounds for annulment of a transaction in court:
- the donor signed the agreement under the influence of blackmail, threats, psychological or physical violence;
- the former owner did not understand the consequences of the transaction, was incapacitated or had limited legal capacity at the time of signing the DD;
- the donee made an attempt on the life and health of the donor and his relatives.
The heirs of the donor who died due to the fault of the donee also have the right to demand cancellation. A court verdict that has entered into force will be required. This right is also granted to creditors of the former owner of the share if it was purchased within six months from the date the bankruptcy decision entered into legal force, and the donated land was purchased with money from business activities.
Important! According to Art. 35 of the RF IC, the spouse of the donor has the right to demand the cancellation of the DD if the share was donated without his consent certified by a notary. The statement of claim must be filed within 12 months from the moment the illegal transaction became known.
Cost and terms
If the donation agreement for a land plot with a house was notarized, then registration will take no more than three working days. If the application for registration was submitted by a notary in electronic format, then the processing time will be even shorter - only one day.
The general registration period is 10 days (if the parties completed everything independently). The only thing you will have to pay for in this case is the state duty, the amount of which is 2000 rubles.
Giving a garden plot as a gift is easy, except that having a garden house on it requires a lot of expense in collecting all the documents. We hope that this article was useful and you will be able to issue a deed of gift without any problems.
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