Form and sample room donation agreement for 2021-2022

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.

Item

The main essential condition of any contract is its subject matter. In our case, the subject is the room being donated. The item section should include room details. It looks like this:

The Donor gives the Donee the following property as a gift: a living room in an apartment located at the address: Kurgan region, Kurgan city, Blucher street, communal apartment number 66. The total area of the room is 15 (Fifteen) square meters. The real estate object being donated, until the entry into force of this agreement, belongs to the Donor by right of ownership according to the state registration certificate. The parties to this agreement are close relatives to each other, namely father and son. The party receiving the room as a gift is entitled to use common areas, namely: kitchen, corridor, bathroom, balcony.

General features of donation

Donation is a transaction in which the donor presents his gift absolutely free of charge to the recipient, that is, transfers ownership rights to him (Civil Code of the Russian Federation, Part 2, Article 32).

Donation has some disadvantages:

payment of a tax in the amount of 13% of the market value of the gift (apartment, room, share in the ownership of housing), if the parties are not closely related (you can read who close relatives are here);
Such a transaction quite often becomes the subject of litigation. Moreover, the reason for this is precisely its gratuitousness - the court may side with the plaintiff if the donor is elderly, in poor health, or belongs to a socially vulnerable part of society;
a gift is always unconditional - it is impossible to register a gift transaction if it contains any conditions.

Positive aspects of giving:

simplicity of the transaction itself. This does not require a huge amount of paperwork;
the donor is not obliged to seek the advice and approval of neighbors to make a gift;
the donee's ownership right arises at the moment of transfer of property and signing of the deed of gift (unless otherwise stated in it).

In addition to the contract, a number of documents are required:

title documents;
privatization agreement;
certificate of inheritance;
purchase and sale agreement, court decision;
certificate of state registration of rights;
if necessary, an additional list of documents.
cadastral passport, technical passport;
originals and copies of passports of the parties.

Rights and obligations

A section on rights and obligations may also appear in clauses of this agreement. In our case, this section is not mandatory, but nevertheless, we recommend that it be drawn up to indicate the obligations of the Counterparties. Below are typical wordings that may appear in the document:

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: Donate a living room 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. Use common areas. The recipient undertakes: To return the room in the event of termination of this agreement.

Buying a room in a communal apartment - basic legal provisions

How to buy a room in a communal apartment from a neighbor?

Despite the prevalence of communal housing in Russia to this day, there is no clear regulation of this concept in legislation.

Therefore, when considering transactions with such apartments, it is necessary to refer to the general provisions of the Housing Code of the Russian Federation (LC RF) and other legislative acts of the Russian Federation.

Summarizing the information from the current legislation, we can identify a number of concepts that are important to know for any person wishing to conduct such a transaction:

Communal apartments are a type of multi-room housing. It has 5 or more living rooms belonging to different owners. At the same time, the owners are often not related by blood or other family ties (from the provisions of the state target program).
Based on the fact that the owner living in the described apartment has full ownership of a certain room, he can sell it (LC RF).
The sale must be carried out in compliance with a number of norms of this process, otherwise in the future the transaction may be declared invalid in court (LC RF).
The process of selling a part in communal housing on behalf of one owner can only be carried out with the consent of the owners of the remaining square meters (LC RF).
The priority right to purchase a part in such an apartment belongs to the owners of the remaining parts of this housing (LC RF).

Of course, in a number of situations it will be necessary to turn to other legislative acts of the Russian Federation. However, in most cases, the information presented above is enough to understand the general essence and principles of purchasing a communal room from the point of view of the legislator. Do not forget that sometimes you cannot do without the help of a lawyer, so do not ignore this practice if necessary.

Final provisions

The final provisions provide general information about the procedure for concluding and fulfilling obligations under the contract. It looks like this:

The document is drawn up in three copies, one of which is kept by the rights registration authority, and two by each of the parties. The Agreement is considered concluded from the moment it is signed by the Counterparties and state registration with the authorized bodies. 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.

Purchase procedure

What do you need to do to become the happy owner of a room in a communal apartment?

It was previously stated that it is important to carry out the procedure for purchasing a communal room correctly in legal terms in order to avoid any problems in the future.

The potential complexity of buying out part of a communal property is determined based on several factors:

if you are a third party who does not have any connection with the room you are purchasing, you will have to obtain permission from the owners of the remaining parts of this communal property. And if they disagree, either sue (not rational, the chance of success is extremely low), or refuse to purchase the selected room and look for an alternative option;
if you are one of the owners in this apartment (you own at least one room), then you have a pre-emptive right of redemption, which you can use without any problems;
if the apartment belongs to a specific citizen, then the redemption process is carried out in the general manner for real estate purchase and sale transactions (naturally, taking into account the consent of all other owners of the communal apartment);
if the apartment belongs to the local municipality (state), then there is a high risk of encountering a number of problems described above.

Depending on how the communal room is purchased, the procedure will be slightly different. Let's look at both.

So, if the apartment is privatized, then the procedure is as follows:

Achieve the right to privatize by providing all documentation confirming your need to purchase a communal room. All documents are submitted to the relevant government agencies at your place of residence. It is often at this stage that fatal problems arise that make redemption impossible.
Having achieved the right to privatize, you must use it on the terms offered by the state (that is, the local municipality). The acquisition process consists of collecting some documents and concluding a purchase and sale agreement with the government administration agency at your place of residence.
After the purchase has been made, this transaction must be registered and, accordingly, your ownership rights to the purchased room must be formalized. To do this, submit the following list of documents to Rosreestr and MFC:

contract of sale;
an application requesting to register your ownership of the purchased room;
a document proving your identity;
receipts for payment of all state fees.

The registration process lasts about 10 days, after which you become the full owner of the privatized part of the communal apartment.

The easiest way to buy out a room in a communal apartment is to privatize it

Of course, the algorithm presented above can be implemented, but the process of privatizing communal services is extremely difficult, so think twice before turning to this method of redemption.

It is much easier to purchase a communal room from a specific owner. The procedure in this case looks like this:

First of all, the current owner of the communal living space must notify the owners of the remaining parts of his desire to sell his share of the property. To do this, you will have to draw up an offer to purchase the room on behalf of its owner. Next, have them certified by a notary and sent to each owner of the remaining rooms in the communal apartment. They are given a whole month to think about it; after this period, they must confirm their right to initially purchase the room and purchase it, or officially refuse to purchase. Failure to respond within a month is also a refusal.
After receiving a refusal to purchase from the owners of the remaining rooms of the communal apartment, you can draw up a purchase and sale agreement. To do this, you need to visit a notary and provide the following list of documents:

passports of the seller (the current owner of the room) and the buyer;
title documents for the room belonging to the seller;
documents on the basis of which ownership rights arose (sale and purchase agreement, certificate of inheritance, etc.);
housing cadastral passport;
extract from the house register or BTI;
notarized or confirmed refusal of all owners of the remaining rooms of the communal apartment. As well as other owners of the purchased room;
if there are children among the owners of the room being sold, consent to the procedures from the guardianship and trusteeship authorities;
if the seller or buyer of the room has a spouse, his notarized consent to the purchase and sale procedure.

Having concluded an agreement, it is necessary to register it and, accordingly, formalize the ownership rights to the acquired property.

To do this, submit the following list of documents to Rosreestr and MFC:

contract of sale;
an application with a request to register your ownership of the purchased communal room;
a document proving your identity;
receipts for payment of all state fees.

The registration process lasts about 10 days, after which you become the full owner of the purchased part of the communal apartment.

Depending on the individual characteristics of each case, additional nuances may arise during the redemption. However, it is worth understanding that the options for carrying out the procedure presented above are template-based and any buyer of a room in a communal apartment will have to deal with them.