The cost of registration of the entire transaction of donating an apartment with a notary - tariffs in 2021

Article updated: December 24, 2021
Mitrofanova SvetlanaLawyer. Work experience - 15 years

Hello. When completing the entire transaction of donating an apartment, the notary’s services include No. 1 drawing up and certification of the agreement, then No. 2 submitting it and documents for registration, as well as No. 3 additional service - notarized consent from the donor’s spouse. For each service, I described in detail how much it costs.

A small digression - if you need a free consultation, write online to the lawyer on the right or call (24 hours a day, seven days a week for all regions of the Russian Federation) Moscow and the region; 8 (812) 425-62-89 — St. Petersburg and region; all regions of the Russian Federation.

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At the discretion of the notary

Part 2 of Article 22 of the Law “On Notaries” gives a private notary the right to independently determine the cost of the services he provides, subject to reaching an agreement with his clients.

The same article does not provide for the same right for state notaries.

This explains the difference in the cost of notary services. Therefore, before determining the fee due to the notary, you should decide which notary you will contact.

If your choice is the state one, the calculator results will be accurate. If you chose a private one, then the calculator will give you the figure from which you can build on when determining future expenses. But even in this case, the calculation of the calculator will be close to the final one, since private notaries, when setting prices, try to bring them closer to those specified by law.

Service No. 2 - Submitting an agreement to register a transaction

Now the notary is obliged to submit a notary agreement for registration himself, FREE OF CHARGE AND ON THE SAME DAY. This is already included in the transaction certification service - Art. 1 of the Federal Law of August 3, 2018 N 338-FZ and clause 2 of Art. 22.1 Basics about notaries.

Typically, notaries submit documents electronically. Then the transaction must be registered within one business day. If the notary does not have the opportunity to submit electronically, the documents must be submitted in paper form, and the registration period will be 3 business days after submission. All this is indicated in paragraph 9 of Art. 16 of the Federal Law on Real Estate Registration of July 13, 2015 N 218-FZ.

The recipients must pay the notary only the state fee for registering the transaction - 2,000 rubles (clause 22, clause 1, article 333.33 of the Tax Code of the Russian Federation). If a notary submits documents electronically, Rosreestr has established a 30% discount - you only need to transfer 1,400 rubles. The state duty is paid by the donees, because the ownership rights are transferred to them.

After the transaction is registered in Rosreestr, the documents can be collected from the notary. Some notaries notify you about this by phone, while others will have to call you yourself.

In general, the parties can submit documents for registration independently - instructions.

Useful links - How to register a donation of an apartment with a notary in 3 steps; Find a notary “near me” on Yandex.Map - displays customer reviews and ratings, addresses, phone numbers, opening hours, etc.

State duty and tariff

The notary service will be completed when the fee or tariff is paid in full. An exception will be cases when a notary exempts persons entitled to benefits from paying a tariff or fee.

Duty is understood as a federal fee established by Article 13 of the Tax Code of the Russian Federation. That is, the state duty collected for performing notarial acts is subject to subsequent transfer to the regional or federal budgets.

The notarial tariff, although it has the same mandatory feature as the state duty, has a different purpose and is included in the category of payments related to the activities of exclusively private notaries.

Thus, it is legally determined that a private notary collects payment for his services at rates that are in accordance with the amount of the state duty for the same actions.

At the same time, compliance with the requirements of the law on benefits for certain categories of legal entities or individuals is mandatory for both public and private notaries.

Additional service No. 3 – Notarized consent from the donor’s spouse

When this document is required, I wrote the details here. Briefly: if the owner-donor of the apartment bought it earlier in marriage, but registered it only in his name, the consent of his spouse will be required. Real estate purchased during marriage is considered the common property of BOTH spouses, even if it is registered in the name of only one of them - clause 2 of Article 34 of the RF IC.

Consent is certified only by a notary - clause 3 of Art. 35 IC RF. Costs 1,300 - 2,000 rubles.

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When a tariff or state duty is payable

The obligation to pay for the services of a notary arises only if the purpose of the visit to him is to receive the service. The notary provides advisory assistance and preparation for the implementation of the service independently.

So, in accordance with Art. 333 of the Tax Code, a tariff or state duty is payable in cases of the following notarial actions:

1. Registration of a power of attorney.
2. Issuance of a document on entry into inheritance rights.
3. Notarization of transactions, agreements and charters of LLC;
4. Certification of the existence of a will, as well as opening the envelope with the will.
5. Authentication of translations made by employees of translation agencies with apostille rights.
6. Acceptance for storage on a notarial deposit of any documents, securities or banknotes in any currency.
7. Proof of being alive.
8. Signature certificate, and others.

Peculiarities of registration of deeds of gift in the Leningrad region

If the apartment is located in Leningrad or other regions, and the donor and recipient are in St. Petersburg, then take note of the following rules:

• You can draw up a deed of gift in simple written form from any lawyer, but you will have to register it with the Registration Chamber exactly at the location of the apartment (in the region);
• You can only register a deed of gift with a notary in the area where the apartment is located. Or look for authorized notaries in St. Petersburg (there are few of them) who have the right to certify regional deeds of gift. You will also have to go to the Registration Chamber of the region to register.

Benefits when receiving notary services

The following are exempt from paying state fees for notarial acts:

1. Charitable organizations that provide assistance to people who are unable to care for themselves.
2. Disabled people of the first and second groups.
3. Organizations and citizens who need notary services to transfer their property in favor of the state, as well as government agencies when transferring escheated property to the state.
4. Heirs who formalize inheritance rights in relation to property that they used on an equal basis with the testator.
5. Heirs who formalize inheritance rights to the assets of testators who died in the line of duty.
6. Representatives of boarding schools and orphanages who issue powers of attorney to represent the interests of children who are dependent on the state.
7. Pensioners who execute a power of attorney giving the right to other persons to receive their pension.

The full list of beneficiaries entitled to exemption from paying fees for notarial acts contains Art. 333 Tax Code of the Russian Federation.

Registration in notarial form

Registration through a notary is not a quick procedure. But it has an additional degree of reliability. Such reliability is needed with deeds of gift, when it is necessary to attest to the legal capacity of the donor or donee, or if there are possible lawsuits ahead to challenge the deed of gift.

How is a deed of gift executed through a notary?

First, you need to order the necessary documents from government services, collect updated certificates or obtain new ones, then sign up with a notary for the transaction and leave the documents (or copies) with the notary to prepare the deed of gift itself. At the appointed time, the donor, recipient, as well as other persons required when signing the transaction, come to the notary to certify the signatures on the gift agreement. Then submit the documents to the registration authority.

Term

The time from the first step to receiving a deed of gift for an apartment registered in Rosreestr is approximately 4-8 days (according to the law, 3 days). But if you need to collect the necessary documents, add time to collect them.

Price

The cost of registration depends on the price of the apartment itself and notary fees. On average, the cost will be 0.5 - 1.2% of the apartment price. Today the price can be market, cadastral or inventory. In 2013, any of the provided reference prices are used. From 2014, inventory value will probably not be used, and deeds of gift in notarial form will become significantly more expensive.

Cost of notary services

The tariffs charged by notaries for the notarial services they perform are determined both by the Tax Code and by the Law of the Russian Federation “On State Duty”. Let us remind you once again that the state duty is collected by state notaries, and tariffs close to the amount of the state duty are collected by notaries engaged in private practice.

Thus, the amount of tariffs and state fees will vary depending on the type of notarial act.

In addition to the established amounts of state duty and tariffs, payment may undergo modifications depending on the accompanying conditions. So:

1. payment is duplicated in cases where a notary travels at the client’s invitation to carry out notarial actions outside the notary’s office;
2. A state fee is collected from all heirs when registering an inheritance for several people.

Service No. 1 - Drawing up and certification of a gift agreement

The cost of the contract depends on whether you contacted a notary at your own request or are required by law. Therefore, the tariffs for services are different.

Be sure to read - in what cases is a notary required when donating an apartment?

A notary is not required when all donors of the apartment (those who donate) are adults and capable. An agreement in a simple form is enough here, and you can have it certified by a notary if you wish - the tariffs are here. If among the donors of the apartment there is a minor or incompetent owner, the agreement is only in notarial form - clause 2 of Art. 54 Federal Law N 218-FZ. You can find the rates here - link down.

Situation No. 1 - If the contract is certified at will

(no mandatory notarization provided)

• A) Drawing up an agreement - from 4 to 11 thousand rubles. This is called legal and technical services. The price differs in each region because it is not determined by law. It is established by the local notary chamber at a general meeting. In addition, the price changes every year. For example, at the time of writing in Moscow - from 8 thousand rubles, in St. Petersburg 6 - 8 thousand rubles. Is it possible to bring your own contract and not pay for drafting?
• B) Notarization (certification) of the agreement - % of the cadastral value of the apartment. Why did I write this in the link below? Instructions - how to find out the cadastral value.
  In addition, the percentage depends on the size of the cadastral value of the apartment and the degree of relationship between the parties. Tariffs are taken from clause 1 of Art. 22.1 Basics about notaries.

  The parties are close relatives

  That is, the owner gives the apartment to his child, grandson, parents, or spouse.

• — If the cadastral value of the apartment is up to 10 million rubles, then certification of the contract costs 3,000 + (0.2% * cadastral value of the apartment).

- The cadastral value of the apartment is more than 10 million rubles, then 23,000 + (0.1% * (cadastral value of the apartment - 10 million)).
The final amount of the certificate should not exceed 50 thousand rubles. Show examples ↓ Example No. 1: The spouses Svetlana and Andrey have an apartment in Moscow. Each has 1/2. They decided to give the apartment to their son and daughter, i.e. to your close relatives. Although not necessary, they decided to contact a notary. The cadastral value of the apartment is 4.8 million rubles. For drawing up the contract, the notary charged them 8,000 rubles, and for its certification - 3,000 + (0.2% * 4.8 million) = 12,600 rubles. Total 20,600 rub.

Example No. 2. Oksana has an apartment in St. Petersburg. She decided to give it to her grandchildren - Ivan and Olga, i.e. close relatives. The cadastral value of the apartment is 12.7 million rubles. They turned to a notary, even though he was not necessary in their case. They paid 6,000 rubles for drawing up the contract. For his ID - 23,000 + (0.1% * (12.7 million - 10 million)) = 25,700 rubles. Total RUR 31,700

Let me remind you that if the parties to each other are not close relatives, the recipient (to whom the gift was given) must pay a tax of 13% of the cadastral value of the apartment. The donor never pays tax. Details - tax when donating an apartment.

Service No. 2 - Submitting a registration agreement

Additional service No. 3 - notarized consent from the donor’s spouse

Why is the tariff calculated from the cadastral value?

When the parties certify the gift agreement at will, the tariff is regulated by clause 2 of Art. 22.1 Fundamentals of legislation on notaries - “When certifying transactions the subject of which is the alienation or pledge of real estate having a cadastral value, if the assessment given to this real estate by the participants (parties) of the transaction is lower than its cadastral value, the cadastral value of this real estate is used to calculate the tariff property."

In simple words: the parties can evaluate the apartment and indicate this amount in the gift agreement, although this is not necessary. Only when the cadastral value is higher than the transaction amount, the notary will count with the cadastral value. If the transaction amount is higher, they will count from it. Therefore, it makes no sense for the parties to indicate the amount at all.

Situation No. 2 - The contract must be certified

• A) Drawing up an agreement - from 3 to 9 thousand rubles. The price differs in each region because it is not determined by law. It is established by the local notary chamber at a general meeting. In addition, the price changes every year. For example, at the time of writing in Moscow - 6 thousand rubles, in St. Petersburg - 4.8 thousand rubles, in Arkhangelsk - 8.8 thousand rubles. This is called a legal and technical service. Is it possible to bring your own contract and not pay for drafting?
• B) Notarization (certification) of the agreement - 0.5% of the transaction amount (clause 5, clause 1, article 333.24 of the Tax Code of the Russian Federation). In this situation, notaries usually calculate % of the cadastral value. Instructions - the cadastral value can be found on the Rosreestr website.
  The cost of the certificate also has a frame - from 300 rubles. up to 20 thousand rubles.

  Show examples ↓ Example No. 1: Natalya, Kristina and Artem own an apartment in St. Petersburg, where each person owns 1/3. Artem is a minor, so a notary is required when donating. The cadastral value of the apartment is 6.5 million rubles. They paid the notary 3,800 rubles for drawing up the agreement. For his certification - at least 0.5% * 6.5 million = 32.5 thousand rubles, the notary took from them only the maximum by law 20 thousand rubles. Total RUB 23,800.

  Example No. 2: The entire apartment is owned by minor Christina. Therefore, when donating an apartment, a notary is required. The cadastral value of the apartment is 4.2 million rubles. A notary will charge 5,400 rubles for drawing up an agreement, and 0.5% * 4.2 million = 21,000 rubles for certifying it. Total RUB 26,400.

Other articles
After donation, the new owner can register in the apartment - instructions

Service No. 2 - submission of a registration agreement

Additional service No. 3 - notarized consent from the donor’s spouse

Is it possible to indicate another value instead of the cadastral value?

When the parties go to a notary without fail, then according to clause 5 of Art. 333.25 of the Tax Code of the Russian Federation, donors and recipients have the right to choose themselves what value to take as the transaction amount - cadastral, inventory or assessed (market). The inventory value is almost always less than the cadastral and market value, which means you will have to pay less for certifying the contract. But the catch is that the parties must provide the notary with certificates for each cost. The notary will find out the cadastral value himself; a certificate of inventory value is taken free of charge from the BTI, but the estimated (market) value is determined only by appraisal companies. And the assessment is always paid (clause 8 of Article 333.25 of the Tax Code of the Russian Federation). The cost of assessment in each region is different - from 2 thousand rubles.

It is important to understand whether it makes sense to order an appraisal at all or is it easier for the notary to calculate from the cadastral value. Let's describe it with an example: donors and recipients decided to provide the notary with all 3 certificates in order to charge the least amount for the transaction amount. We ordered a report on the appraised value of the apartment from an appraisal company for 5,000 rubles. The cadastral value of the apartment is 3 million rubles, the inventory value is 2.5 million rubles, and the estimated value is 2 million rubles. The cost of the certificate according to the tariff at the cadastral value will be equal to 0.5% * 3 million = 15,000 rubles, at the inventory value 0.5% * 2.5 million = 12,500 rubles, at the estimated 0.5% * 2 million = 10,000 rubles. Of course, donors and recipients chose the estimated value, because it turned out to be the lowest. But if you remember that the report on the estimated value cost 5,000 rubles, then the total costs came out to the same 15,000 rubles. It turns out that it was possible not to order an appraisal, but to allow the notary to take the cadastral value of the apartment for the transaction amount.

How to carry out a transaction if there is a legal dispute in the future?

Based on our judicial practice in challenging deeds of gift, we can give the following advice:

• before drawing up a deed of gift, it is necessary to prepare a number of additional (not required by law) documents, which in the future will prove the legality of the transaction;
• after drawing up a deed of gift, if it was done urgently, it is also possible to carry out a number of procedures that will subsequently protect the deed of gift.

What documents are these? In each case - their own. Most often, this is a certificate from a psychoneurological clinic confirming the donor’s full legal capacity. But there may be many other documents. It is better to consult about this with a lawyer or lawyer who practices in matters of challenging deeds of gift.

Contact our legal center for help. We have more than 15 years of experience in preparing deeds of gift in any legal manner.