Transfer of property from one owner to another may be different. For example, by will or gift. The second version of the development of events in real life is considered the most acceptable. So today we will figure out how the registration of a gift for an apartment is taking place. The cost of the notary of this service, the amount of state duties and a list of necessary papers for the implementation of the idea will be presented to your attention. With the right preparation, donating an apartment will be easier than it really seems.
What is called a gift?
A gift contract is a form of transferring property from one owner to another during the life of the donor. The gift is made on a no-charge basis and completely voluntarily.
Accordingly, donative is a means of re-issuing property to another person. Property received in this manner, will not be shared between the spouses. It is recognized as personal property of the donee.
Is a notary a desire or a necessity?
What is the cost of registration of a gift for an apartment from a notary? Do you always need to seek help from an authorized person?
The current legislation of the Russian Federation emphasizes that it is not necessary to go to a notary to decorate donors. In any case, if it is a matter of movable property. The transaction can be carried out and registered independently.
But if you plan to give real estate, you will have to apply to a notary office for help. In addition, the notary will help under any circumstances to confirm the legality of the transaction. So, the visit to it will not be superfluous.
Death of the donor
Registration gift for an apartment at the notary after the death of the donor is impossible. However, like the embodiment of the idea into life independently. The thing is that the gift is compiled and signed during the life of the donor. And nothing else.
If a person dies, then an inheritance arises. It can be transmitted by will or by law, but no more. Gifted in this situation do not take place. The heirs after receiving the property from the testator can draw up a gift contract for the person chosen by them. Prior to the acquisition of property rights, the implementation of the idea is impossible.
The cost of registration gift for an apartment at the notary will be disclosed later. First you need to remember how the gift of the real estate agreement is concluded.
Citizens will have to:
- Prepare documents that are legally required to register a transaction.
- Write a gift. It is important to leave a detailed description of the object of the gift and the terms of the contract termination.
- Pay the fee in the established amounts.
- If necessary, additionally pay the notary for the transaction support.
- Conclude a gift agreement in the presence of an authorized person.
- Conduct a procedure for re-registration of ownership rights to the new owner.
It would seem that the process should not cause any problems. But in practice everything is not as easy as it seems. Especially in terms of preparing documents. Sometimes this process causes certain difficulties and entails additional expenses.
List of documents
What does the registration of a gift for an apartment from a notary mean? The documents for such an operation are exactly the same as for an independent solution of the problem. The difference is only in the number of copies of the gift. If citizens apply to a notary office, they need to prepare not 2, but 3 donation contracts.
In the rest the list of documents differs nothing from registration of donations without a notary. Parties are obliged to bring with them:
- An agreement in which all the nuances of the operation are described;
- Passports (or other documents proving the identity);
- Help with registration (desirable);
- Certificate of ownership of housing;
- Consent of the spouse for the transaction (if they give an apartment bought in marriage);
- Agreement from all apartment owners for the operation (if any);
- Permission from the guardianship authorities and parents of a minor (when they give a home belonging to children or incompetent);
- Receipt with paid state duty;
- Cadastral and technical passport of real estate;
- An extract from the Unified State Register;
- Any documents confirming the kinship of the parties (if given to relatives).
That's all. To facilitate the process, it is also recommended to assess the housing and attach a certificate with the value of the property to the donation. It will not be superfluous.
Now it is clear how the registration of the gift from the notary is carried out. The cost of these services, as a rule, is different. But no one canceled the state fee for the operation. It is unified in all regions. About this a little later.
First you need to understand how much to wait for the conclusion of a gift. Usually the waiting period does not exceed 10 days. So much is needed Rosreestr in order to issue a new certificate of ownership.
The time of the process of making a gift for an apartment from a notary (the cost of the service varies depending on the region of residence of the citizen) is a few minutes. Ideally up to 1 hour. During this time, the authorized person will check the gift agreement, the documents offered to the attention and assure the operation. Usually the property rights to the property pass to the donee immediately after the conclusion of the transaction.
The cost of registration gift for an apartment at a notary, as already mentioned earlier, can not be called unequivocal. It will vary depending on the region of residence of the parties. Some notary offices do not charge an additional fee for the certification of donations, someone requires payment for the work of a notary.
For example, private offices ask for their services from 500 rubles to several thousand. And the state notaries can get by with payment of the state duty. All this must be taken into account when concluding a gift agreement.
About the fee
The cost of registration of a gift for an apartment from a notary directly depends on how much the real estate costs. The fee is calculated taking into account the cadastral value of housing. That's why experts recommend conducting a preliminary assessment of the property.
How much will the decoration of the gift for an apartment at the notary cost? The fee is 0.5% of the price of housing. At the same time, the maximum amount of payment can not exceed 20,000 rubles.
Now it is clear the cost of decorating a gift for an apartment from a notary. By proxy or not - it's not so important. The main thing is that the fee for the operation will depend directly on the valuation of the property.
As additional costs are often allocated expenditure on the technical evaluation of real estate. Its cost ranges from 2 000 to 10 000 rubles. If citizens decide to act by proxy, then it is additionally necessary to pay for the registration of this document.