Land donation agreement completed sample

What is a land donation agreement?

Under a gift agreement, the donor transfers ownership of a land plot to the donee free of charge.
The recipient may accept the gift or refuse it. If refused, the donee must compensate for real damage: that is, the costs of donating the land (for example, the cost of the registration fee, if it has already been paid). A land plot, in its essence, represents a surface (soil) layer of land, as well as some area above and below the ground, in relation to which the interests of the owner can be exercised. The land plot must be determined taking into account its location and total area, it must have clear boundaries and a fixed legal status. A land plot has two main characteristics: the category of land to which it belongs and the permitted types of use. Often, under a donation agreement, plots are transferred that belong to the lands of settlements and agricultural lands with such permitted types of use as individual housing construction, gardening, dacha farming, as well as lands with some other types of permitted use. Different categories and types of permitted uses may have different building restrictions.

Under a donation agreement, only a plot registered with Rosreestr can be transferred - the plot must be assigned a cadastral number. In an extract from the register (or on the website) such areas will be classified as “registered” and “previously recorded”. If a plot is registered in the Register and has a cadastral number, but land surveying has not been carried out and the plot does not have precise boundaries in the form of geo-coordinates, then such a plot is called “previously registered”. You can donate such a plot, but it is better to carry out land surveying before donating. It was planned to introduce a ban on the alienation of plots without designated boundaries, but at the moment it has not yet been legislated and, accordingly, is not yet in effect. However, it is possible that such a ban will be introduced soon and therefore we do not recommend that you draw up a gift agreement, according to which a plot without marked boundaries will be donated in a few months.

How to correctly draw up and register a deed of gift for land with buildings?

Writing a deed of gift for a land plot with homeownership consists of simple standard fields. It must necessarily indicate:

1. Place of signing.
2. Date of.
3. Information about the donor (or several) - full name, as well as other passport data.
4. Information about the authorized person, if he represents the interests of one of the parties.
5. The same data about the donee(s).
6. The fact that the property is transferred as a gift.
7. When exactly does this happen (the date of transmission may not coincide with the date of compilation).
8. A detailed description of this property: land, house and other buildings, if any.
9. If there are several donees, it is precisely indicated what share of the real estate goes to each.
10. Numbers and dates of issue of certificates of ownership.
11. Title documents – that is, those on the basis of which the property was transferred to the donor. This could be a will, a purchase and sale agreement, a gift, etc.
12. Information that the spouse's consent has been obtained, if required.
13. Documents confirming the absence of debts and/or encumbrances.
14. Number of copies of the agreement.

The document is sealed with the signatures of the parties.

Reference! There must be one more copy of the deed of gift than the number of participants. Each of the parties to the transaction must keep the original document, and another one will be required from Rosreestr during registration.

The donation agreement for a private house with a plot also includes information about the characteristics of these objects.

Find out more about the necessary documents for registering a donation of a house and land.

The following information is required for a land plot:

1. Cadastral number.
2. Location.
3. Square.
4. Special purpose.
5. Type of permitted use.
6. Cadastral or market value, etc.

And write for home:

1. Cadastral number.
2. Square.
3. Number of floors and rooms.
4. Cost, etc.

We do not recommend completing the documents yourself. Save time - contact our lawyers by phone:

8 (800) 350-29-87

Brief example document

Let's look at an example of how to write a donation agreement for a plot of land and a residential building. Let's assume that a grandmother wants to give her granddaughter a property that she once bought.

The text in the deed of donation for a house and allotment may be as follows::

“The Donor transfers free of charge to the Donee what belongs to him on the basis of a purchase and sale agreement (number and date of preparation):

Land plot (detailed information about the plot).

Residential building (necessary information about the house).”

If the grandmother has a husband, and the property was purchased during marriage, his consent must be noted.

Read more about the nuances of concluding a donation agreement for a house and land between relatives here.

Prohibitions on donating land

• An important aspect is that donation is prohibited to persons holding government positions in the Russian Federation, government positions in constituent entities of the Russian Federation, municipal positions, civil servants, municipal employees, employees of the Bank of Russia in connection with their official position or in connection with the performance of their official duties. This does not mean that close relatives cannot donate plots to officials, but when donating from third parties, problems may arise, and not in the area of ​​civil law.
• Donations on behalf of minors and the incapacitated, as well as to employees of educational organizations, medical organizations, organizations providing social services, and similar organizations, including orphanages, by citizens undergoing treatment, maintenance or upbringing there, spouses and relatives of these citizens are prohibited. .
• In addition, parents or guardians of children under 14 years of age and incapacitated citizens cannot donate land plots that belong to such persons.

Nuances of transferring rights to minor children

You cannot give someone real estate that belongs to a child . All transactions with the property of minors must obtain permission from the guardianship authorities.

Their representatives ensure that children's rights are not violated and their situation does not worsen. A gift is a gratuitous transaction, as a result of which the donor receives nothing in return for his gift. Accordingly, permission will not be given.

You can give a house and land to a minor . The parent (or guardian) signs for the child. And if the minor has already turned 14, then he himself.

Attention! If a parent gives the property, he cannot sign a deed of gift for the child. This is because one person cannot enter into a contract on both sides. The second parent signs for the minor.

If there is only one, you need to contact the guardianship authorities. They will assign an employee who has the right to sign in this case.

On our website there is an article about the procedure for donating land to a minor child!

When receiving a gift of real estate, it is important to take a responsible approach to the issue of formalizing the donation of a house and land. Mistakes in this can lead to unpleasant consequences.

Terms of the land donation agreement

1. Subject of the agreement. The subject of the land donation agreement is the plot transferred under the agreement: the text of the donation agreement must indicate its cadastral number, address, area, category of land and type of permitted use. Separate alienation of a plot without buildings for rent is not allowed if the plot and buildings belong to the same person. If you are donating a plot on which there is a residential building or other real estate for which you have ownership rights, then the contract must describe such buildings, indicating their address, area and cadastral number. In addition, the contract can contain information about non-permanent buildings. Such buildings can be dismantled, and therefore, taking into account the trust relationship between the parties, it is worth indicating which buildings will remain on the site upon transfer.
2. Deadlines. The contract should establish deadlines for the direct transfer of the site and re-registration of rights to it. The agreement can also establish a provision regarding which party bears the costs of government expenses. registration of the transfer of ownership of a land plot (the donor may want to require a paid fee for state registration of the transfer of rights).
3. Succession. Since any gift agreement presupposes the existence of a trust relationship between the parties, it is not superfluous to clarify the consequences of the death of one of the parties (in other words, whether the legal successors will inherit the rights or obligations arising from the agreement). Unless otherwise provided in the agreement, the heirs of the donor will have to transfer the gift to the donee, but the heirs of the donee will not have the right to demand the transfer of the land plot to them.

Rules for drawing up a contract

The land donation agreement, regardless of the parties to the agreement, must be drawn up in accordance with such documents as:

• Civil Code of the Russian Federation. Chapter 32 of the document introduces the concepts of a gift agreement and the rules for drawing up this document;
• Land Code of the Russian Federation, regulating the rules for the circulation of land plots for various purposes;
• Federal Law No. 218, in accordance with which the registration of an agreement and the transfer of ownership of a land plot are carried out.

In accordance with the specified documents, the gift agreement:

• compiled in writing by hand or using typewritten technology
• must not contain errors or typos that would lead to refusal to register a real estate transaction
• must fully reflect all essential aspects (details of the parties, characteristics of the land, etc.)
• should not be interpreted in two ways

A deed of gift for land can be drawn up and certified by a notary. The advantages of this type of transaction are:

• checking the legality of the transaction and the correctness of the document, which almost completely eliminates the possibility of a refusal during registration actions
• assistance in drawing up an agreement taking into account the wishes of both parties to the agreement
• checking the legal capacity of the parties, which eliminates the possibility of challenging the transaction by other relatives
• the presence of responsibility for the certified document, including of a material nature

Spouse

Donating real estate is currently associated with a number of difficulties, since in accordance with Article 34 of the Family Code, all property acquired by spouses during marriage is joint property. This means that husband and wife have equal rights to the land.

In connection with this fact, in order to conclude a gift agreement, notarial consent of the parties to complete the transaction is required, that is, the donee must allow the donor to donate land that is actually in the property of the donee.

A different situation arises if:

• a marriage contract has been concluded between the spouses, transferring certain types of real estate into the ownership of one of the parties
• the land plot was acquired as a result of a donation from third parties, which excludes the possibility of joint ownership
• land was acquired before the spouses entered into legal marriage

For a minor

In accordance with Article 575 of the Civil Code of the Russian Federation, minor citizens (under the age of 14) cannot act as a donor under any circumstances.

However, the law does not prohibit minor citizens from receiving gifts, including in the form of real estate, from relatives or third parties.

If a minor is the donee, then the written consent of the guardianship authorities is required to conclude the transaction. Otherwise, the transfer of land rights will not be registered.

In shared ownership

A share of a land plot registered in accordance with current regulations is a separate piece of real estate and can be donated (inherited, etc.) according to the general rules.

The only feature of the agreement for donating a share of land is the need to indicate its size in the document.

What do you need to prepare?

Knowing all the pros and cons of the gift agreement, you can move on to the question of what documents are needed for a gift deed for a dacha. These include:

• confirmation of the donor's ownership;
• appeal from the donor;
• statement from the donee;
• documentation that gives the right to carry out work on a personal plot;
• registration certificates for the dacha and all auxiliary structures;
• identification documents of the donor and the recipient (most often passports);
• certificate of payment of state duty;
• certificate from the BTI;
• cadastral plan of the site.

In addition to the basic documents, in order to formalize a deed of gift between close relatives, a positive decision of the guardianship and trusteeship authorities for minors and incapacitated persons may be required, as well as the consent of the spouse if the property was acquired during marriage.

Contacting a notary

In order for the deed of gift to become valid, it must be registered with the state registration authority. But you can arrange it with a notary or yourself. Where is the best place to do this? The advantages of registering a contract with a notary include the possibility of:

• correct preparation of documentation, which later cannot be challenged in court;
• receiving a copy of the contract in case of its loss;
• checking the legality of the transaction.

The only downside to using a notary is that you have to pay. In order to register a deed of gift for a dacha, the donor and donee must contact the notary in person and have all the necessary documents with them. The notary, in turn, checks all the documentation, the legality of the transaction, after which he gives the parties receipts and indicates the date when the contract can be collected.

The document is drawn up in triplicate, issued to the donor, the recipient and remains with the notary (see sample in the photo). It must be thoroughly studied and then signed in the presence of a lawyer. After this, it must be processed and registered with the registration authority. It's best to do this right away. Without registration, the transfer of ownership will be considered invalid.

Self-composition

You can also draw up a deed of gift for a dacha yourself. To do this you need:

• prepare all necessary documents;
• draw up a gift agreement in writing (see sample);
• Having your identification documents with you, submit all the necessary documentation to the registration authority;
• write two statements at the registration authority (from the donor and the donee);
• receive a receipt with a list of documents provided and the date of receipt of the certificate of ownership.

At the appointed time, with a receipt for payment of the state duty and a receipt, the donee can come to claim his right of ownership.

After this, he has the right to dispose of the property at his own discretion: use it for its intended purpose, sell it, redevelop it, rent it out, etc.

What it is?

A deed of gift is a document according to which the property of the donor specified in it passes free of charge into the property of the donee. You can draw up an agreement for almost any movable and immovable property, including a dacha (see sample). You can do this yourself or with the help of a notary. The only thing that needs to be taken into account is that it must be drawn up correctly, otherwise third parties will be able to lay claim to the property. To avoid any problems in the future, it is important to familiarize yourself with all the recommendations of specialists.

When drawing up a gift agreement, it cannot indicate that the property will pass to the donee only after the death of the donor. It will not be valid. Indeed, in such cases a will must be drawn up. But you can specify other conditions, for example, that the property will pass to the recipient only after his wedding, birth of a child, etc. Also, the documentation can indicate to whom, in the event of the premature death of the recipient, the gift will pass - to his heirs or back to the donor.

When registering a deed of gift for a dacha, it is important to know which relatives are considered close. These include spouses, parents, children, including adopted children, as well as brothers and sisters who have at least one common parent, grandparents.

The procedure for registering a deed of gift for a land plot

Drawing up a document such as a gift deed is not difficult on the one hand, but responsible on the other. To correctly draw up a contract, it is necessary to prepare a certain package of papers. However, the entire procedure will depend on whether the contract is drawn up independently or with the participation of a notary.

• less than 1 million rubles. a duty of 3 thousand rubles and 0.4% of the estimated value of the land;
• from 1 to 10 million – 7 thousand rubles. and 0.2% of the amount over 1 million;
• more than 10 million – 25 thousand rubles and 0.1% of the cost, more than 10 million rubles. however, the total amount of the duty paid cannot exceed the threshold of 500 thousand rubles.

Important nuances when donating land

Before you issue a deed of gift for a land plot, you should familiarize yourself with the following nuances:

• the agreement is drawn up in writing;
• You cannot donate seized real estate;
• the object of the agreement may be the share of an apartment or house;
• The buildings located on it are transferred along with the land plot.

When registering a gift agreement, you are required to pay tax. Its size is 0.5% of the value of the property, but not more than 20 thousand rubles. According to clause 24 of Article 333 of the Tax Code of the Russian Federation, the duty is paid by the recipient, regardless of the degree of relationship with the donor.