A room donation agreement is a transaction in which one party donates a room to the other party free of charge. At its core, the above agreement is very similar to the donation of an apartment or residential building.
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Deals for donating rooms in communal apartments are currently particularly popular. This is due, first of all, to their low cost.
Often, some individuals use this type of agreement in the format of a hidden purchase and sale. This is due to the fact that when selling, you need to obtain the consent of all owners, simultaneously offering them to buy the ownership of this room. The process of performing such actions usually drags on for a long period of time. Under a gift agreement, the law does not provide for such nuances, so citizens are trying to circumvent the law and carry out a secret sale.
It should be noted that concluding such transactions entails risks and if information about such actions is revealed, the contract will be declared invalid.
So, let's return to the room donation agreement. The subjects under this agreement are: the Donor - a legally capable person who owns the room by right of ownership, and the Donee - the person accepting the room as a gift. The donor must be the owner of the room, otherwise the transaction will be considered void.
An important point in this agreement is the condition of mutual consent of the parties. Thus, the Done has the right to refuse to accept the room as a gift, and the Donor, in turn, has the right to refuse to donate.
The donee, when transferring ownership of a room to him, according to current Russian legislation, undertakes to pay a tax in the amount of 13 percent of the assessed value of the room. If the agreement is concluded between close relatives, then such an obligation disappears.
The contract for donating a room must be in writing. Below we will look step by step at how such a document is drawn up and what details you should pay attention to when drawing it up:
Room donation agreement
Kurgan
March 14, 2023
We are: Nikitin Boris Solomonovich, born 04/04/1967, living at the address Kurgan region, Kurgan city, Komsomolskaya street, house 232, apartment 323, passport XXXX XXXXXXX, issued by the Federal Migration Service of Russia for the Kurgan region in the city of Kurgan 04/04/2021, hereinafter referred to as Donor on one side And Nikitin Anton Borisovich, born 01/01/1996 living at the address Kurgan region, Kurgan city, Petrovskikh street, house 646, apartment 464, passport XXXX XXXXXX, issued by the Federal Migration Service of Russia for the Kurgan region in the city of Kurgan 01/01/2016, called Subsequently, the Donee on the other hand entered into this agreement as follows:
The preamble to the agreement 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.
Consent of the spouse to such actions
As in other cases of donation, married citizens are forced to attach to the list of documents for registration of the deed of gift the spouse’s consent to donate a share in the apartment, that is, to alienate joint property. It is drawn up in writing and certified by a notary. You can see a sample below or download it.
Sample consent of a spouse to donate a share in an apartment
YOU may also be interested in the issue of donating a privatized apartment, a share in it or a house. Here you will find answers to all these questions.
