Certification of a gift agreement by a notary: is it necessary to notarize the deed of gift and the procedure for such certification (procedure and necessary documents)

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Notarization of donation agreements for apartments, plots, houses and other objects of movable or immovable property or property rights ensures that these documents are correctly drawn up from the point of view of Russian legislation. The notarial form of the agreement in these cases is not always mandatory - sometimes a simple written form is sufficient. But if you want to be confident in these documents, then contact the notary Yuldasheva T.V. - in her office you can certify the deed of gift before its registration at the cost established by law.

Price for a gift deed certificate

The cost of registering a deed of gift for an apartment with a notary consists of two amounts – the notary fee and the price for legal and technical work.

Notarized donation certificate

According to the Civil Code of the Russian Federation, a deed of gift can be drawn up both in writing and orally. A written document is required when the gift is real estate, the donor is a commercial company, or the value of the gift is above 3,000 rubles. Also when both parties to the transaction insist on writing.

In what cases is it better to notarize a gift agreement? When a gift in a transaction is:

• apartment;
• real estate share;
• a cottage or house in which you can live;
• automobile.

Since these are quite expensive items, there are great risks that the donor’s relatives, if they disagree with their donation, may try to cancel the transaction. Therefore, it is more profitable to have a gift agreement certified by a notary, since it is almost impossible to challenge it. This is due to the fact that the notary not only certifies it, but also checks for “purity”. For this:

1. Thoroughly checks the identities of the donor and the recipient. Examines documents certifying citizens, establishes the legal capacity of persons, etc.
2. Establishes the voluntary expression of a citizen’s will to donate certain property. If they identify any doubts about the correctness of the decision or pressure from outside, the procedure will be refused.
3. Be sure to explain to the parties information about the transaction agreement and the legal consequences of its conclusion.

If necessary, a notary can also help with collecting documents, writing a spouse’s consent, visiting your home, etc. Whether it is necessary to certify a gift agreement when donating other property of lesser value, each citizen decides independently, based on possible risks.

Important! Notarization of the gift agreement is not a mandatory step when concluding a deed of gift. Only the contract of donation of a share of real estate has recently been required to be certified by a notary. Since there are quite a lot of cases of fraud when donating a certain part of real estate.

The parties decide independently whether a notary is needed in each individual case. The main advantage of notarization is the difficulty of challenging it. Therefore, the expenses that will have to be incurred to certify the deed of gift for an apartment by a notary are fully justified.

How to draw up a deed of gift for an apartment

A deed of gift for an apartment can be drawn up both between close relatives and between people who are not related. In the first case, the transaction will not be subject to personal income tax; in the second, you will have to pay 13% of the value of the property.

In the terms of the deed of gift (agreement), the parties should indicate:

• your passport details;
• address of the property, its cadastral number and full description (area, floor, finishing, etc.);
• rights and obligations of the parties;
• responsibility of the parties.

After drawing up the text of the deed of gift, it is recommended to use the services of a notary. He will check the document and, if necessary, make his own corrections or recommendations to eliminate shortcomings. If the terms of the agreement comply with the norms of Russian legislation, and a package of documents for the apartment (cadastral passport, certificate of ownership, etc.) has been collected, then the notary certifies it with his signature, confirming the legality of this transaction.

After the deed of gift has been certified by a notary, you need to submit the deed of gift and other documents to Rosreestr for state registration of the transfer of ownership. A notary can do this for you.

After submitting the contract and other documents for registration, you will be given a certificate of ownership of the donated property, provided that all documents, including the deed of gift, were completed correctly and submitted on time. The duration of registration depends on who submits the documents and how:

• 24 hours if the notary submits documents electronically;
• 3 days if the notary submits in person;
• 10 working days if the parties submit documents themselves.

Step #1 - Choose a notary

When donating, you can contact any local notary at the location of the apartment, but within a subject of the Russian Federation - Art.
56 Basics about notaries. The list of subjects of the Russian Federation is indicated in Art. 65 of the Constitution of the Russian Federation. This means that if the apartment is located in Moscow or St. Petersburg, then you can contact any notary in Moscow or St. Petersburg. If the donor or recipient cannot personally contact the notary (for example, lives in another city/region), then he must draw up a power of attorney with his local notary and send it by mail to his authorized representative. Next, the authorized person, together with the donor or recipient, will contact their notary to draw up and sign the agreement.

The donee cannot issue a power of attorney to the donor himself to sign a gift agreement for him, and vice versa. Because the donor and the donee cannot be the same person (clause 3 of Article 182 of the Civil Code of the Russian Federation). But they have the right to issue a power of attorney for each other, for example, to submit a signed registration agreement and receive it.

In my experience, the most important thing when choosing a notary is the quality of service. Notary prices for all services are almost the same. Therefore, read the reviews - is the notary polite with clients, are his employees fast, are they ready to advise, etc. I advise you to focus on this, because since 2016, about 90% of real estate transactions go through notaries.

We have created a separate page for searching for notaries “near me” on Yandex.Map. It’s convenient to search on Yandex.Map - you can find a notary near you, read reviews about him, look at his ratings, find out his phone number, address, opening hours, etc.

Registration of a deed of gift for a share in an apartment

If you need to issue a deed of gift not for the entire property, but for part of it, you must go through the procedure for allocating a share in the apartment, if it has not been completed previously. This is a mandatory condition, since the transfer of an unspecified part of property as a gift, for which no boundaries have been established, is impossible. The procedure can be carried out either by agreement of all property owners or through the court. The contract specifies the size of the portion being donated. Notarization of a donation agreement for a share in an apartment is carried out in the same way as when registering a deed of gift for the entire real estate property. The specialist checks the document, gives his recommendations and makes corrections, and then certifies it with his signature. The cost of the service is calculated in the same way - you can find out the exact price by phone. In the notary office of T.V. Yuldasheva, you can not only have the gift agreement certified by a notary, but also formalize the determination of shares by mutual consent.

Is it necessary to have a gift agreement certified by a notary, the rights of the parties to the transaction?

A gift is a specific transaction involving the transfer of material assets completely free of charge. This fact is usually confirmed by the concluded agreement - it is on its basis that the further alienation of property and its subsequent re-registration to the new owner takes place.

Not everyone knows whether it is now necessary to have a completed gift agreement certified directly by a notary. We will talk about this in more detail below.

Do I need to certify?

In 2020, changes were made to Federal Law 122, which regulates the procedure for real estate transactions and the rules for their registration. The amendments came into force at the beginning of 2017. In accordance with this document, only the alienation of individual shares of living space in the interests of one or all co-owners requires notarization.

In other cases, the prepared deed of gift may not be certified by a notary. In the housing situation, the simplified procedure applies to all complete objects:

• apartments;
• dacha;
• mansions;
• land plots.

Prohibition of donation

Not every donor is allowed to accept property. Also, donations are prohibited to certain categories of persons. Such restrictions make it possible, on the one hand, to protect citizens from the risk of losing property, and on the other hand, to block the workarounds for corrupt officials.

So, for example, the following cannot act as a donor:

• minor, that is, a child under 14 years of age;
• incompetent.

At the same time, Article 26 of the Civil Code allows minors, without asking permission from their parents, to spend their earnings on gifts to other people.

Children under 14 years of age (and adult incapacitated citizens) delegate the right to dispose of property to guardians (management of medical institutions) to their parents. At the same time, the law allows gifts of no more than 3 thousand to be made at their expense, but these actions must be pre-coordinated with the guardianship authorities.

At the same time, the regulatory framework prohibits donating items worth more than 3,000:

• employees of state and municipal institutions;
• deputies and other elected officials;
• employees of the Bank of Russia.

As noted above, it is not at all necessary to draw up a deed of gift in the office, unless we are talking about the transfer of part of the housing. However, if the subject of the transaction is an expensive item or object, it is still recommended to use the services of a specialist. Only in this case will the recipient be sure that the value will not be taken back from him (except through the court).

The contract itself is drawn up in free form. It is mandatory to provide certain details. This is about:

• title – “Donation Agreement”;
• Full name of the participants in the gratuitous transaction;
• indicating the subject of the agreement and its main identifying attributes (if we are talking about an apartment, then this is the address, number of rooms, total area, cadastral number, etc.);
• title documents (technical passport, vehicle registration certificate, extract from the Unified State Register of Real Estate);
• date and place of compilation.

An important point is that donating a property requires indicating its value.

The document comes into force from the moment it is signed by both parties to the transaction.

Involving a specialist will ensure strict compliance with all requirements for the deed of gift and fulfillment of obligations arising after its signing. The notary is legally responsible for all transactions carried out with his help personally. If any serious violation is discovered, he will most likely be prohibited from conducting professional activities in the future.

When the donor of an apartment or other type of housing is a citizen who is officially married, then in any case he will have to contact a notary, because the transaction cannot be completed without the consent of the spouse, and the latter is drawn up only with the named specialist.

Another point is that the transfer of real estate is accompanied by its mandatory registration in the Unified State Register of Real Estate. There, a transaction is legitimized only if there is a correctly drawn up contract. It is a notary who can prepare a document that meets the rules as much as possible, and for quite reasonable money.

There is another important point - the notary keeps all contracts he has ever concluded. That is, if you lose your copy, it will issue a duplicate of it.

Assistance in drawing up a gift agreement is provided by a specialist on a reimbursable basis. So, you will have to pay for:

• consultations;
• checking the purity of the planned transaction;
• preparation of the agreement itself;
• stamp form;
• assurance.

According to the law, all expenses, in the case of a deed of gift, are borne by the beneficiary. However, it is not prohibited to indicate another option in the contract (for example, dividing expenses in half between the parties, etc.).

It is not easy to name specific amounts, since different regions have their own tariffs. So, the minimum cost for notary services is 2,500, and the maximum you will have to pay is up to 15,000.

In some situations, an additional fee is charged. This happens if:

• you need to copy certain documents;
• the text of the contract is drawn up from scratch;
• consultations are provided beyond what is necessary;
• a lawyer is invited to your home.

When the entire transaction from beginning to end is formalized in the office, then:

• the notary will charge about 10,000 for all his services;
• You will also have to pay a state fee.

If the gift is transferred to non-relatives, then you will also need to pay income tax.

It is highly advisable to notarize the transfer of real estate or other valuable assets as a gift. This option reduces the risks arising from the alienation of expensive objects. This is also due to the need to register rights to an apartment in the Unified State Register of Real Estate.

Even in the case of a free real estate transaction, its participants will have to collect a certain package of documents. In particular, the following documents are needed:

• evidence of ownership;
• drawn up during the last transfer of the object (DCT, certificate of inheritance, deed of gift, etc.);
• technical passport (and also cadastral);
• a certificate confirming payment of property tax (provided by the Federal Tax Service);
• an extract from the Unified State Register of Real Estate about the absence of encumbrances on this living space;
• apartment valuation (cadastral, inventory or market valuation will do);
• consent of the spouse (guardian or co-owner) to transfer property.

If we are talking about the gratuitous transfer of one share, then this action must be approved by all other owners.

The attractiveness of the gift transaction is the simplicity of registration and the absence of taxation, if the participants in the transaction are close relatives

We invite you to familiarize yourself with: Settlement under loan agreements sample

After concluding a gift transaction, the donee does not bear any financial obligations to the donor, even if they are complete strangers.

There is a gratuitous transfer from one party to the other party of a gift (thing or property) with the obligatory manifestation of the will and consent of both parties to the transaction, both for the transfer of the object of the gift and for the acceptance of the gift.

• A written form of a gift agreement, according to the Civil Code, is mandatory in cases of donation of real estate and donation of valuable property from a legal entity.
• The gift transaction is popular and reliable among the population for the following reasons:

• simple design;
• absence of tax burden after signing a deed of gift with the participation of close relatives;
• lack of special conditions for the parties to the gift transaction; the contract is valid immediately after the transfer of ownership rights to the object of donation;
• It is not necessary to have the deed of gift certified by a notary.

The participants in the transaction themselves determine whether the gift agreement needs to be certified by a notary. Legislatively, it is impossible to force or interfere with the wishes of the parties and the decision made.

1. Notarization of a transaction is reliable protection against possible attacks by other persons interested in receiving the property donated as a gift.
2. You can avoid additional expenses for the services of a public or private notary by independently concluding an agreement with mandatory compliance with the rules for drawing up a deed of gift.
3. Such an agreement has equal legal force with a notarized document.

Let's find out what is cheaper: a deed of gift or a will? Advantages and disadvantages of legal forms of inheritance registration.

• In practice, many citizens, despite the optionality of certification, turn to legal specialists.
• The parties to the transaction are aware that only knowledge of the criteria and requirements for the deed of gift will protect the parties from subsequently recognizing the contract as invalid, and the risk of challenging the fact of the gift in court will be minimized.
• The advantages of notarization of a transaction are not only savings in effort and guarantees of legal purity, but also protection from possible attacks by other applicants for real estate.

It is better to prevent possible concerns about challenging the transaction in court by taking competent actions and observing the necessary formalities.

The notary who certified the gift agreement is the guarantor of:

• absence of coercion between the parties to the transaction;
• the sanity of the participants in signing the deed of gift;
• the reliability of the information reflected in the signed document;
• legality of the act of donation.

The notary, in addition to certifying the deed of gift, provides support in the procedure for registering the right to the object of the gift. The decision to accept the services of a notary is made by the parties to the gift transaction.

A deed of gift for a share in the common ownership of real estate requires special attention. Previously, the law did not define the requirement for notarization of a transaction.

Amendments to Federal Law No. 122 “On state registration of rights to real estate and transactions with it” dated June 2, 2016. prescribe the mandatory notarization of the alienation of shares of property, including by all participants.

What is the activity?

The requirements for notary employees bear the imprint of strictness. This is, first of all, Russian citizenship and obtaining the title of lawyer. Next – a one-year internship, an exam to confirm qualifications, and obtain a license.

After this, the notary begins to certify transactions, draw up various documentation, make copies and extracts. He explains to clients the importance of strictly following transaction rules.

The notary has the right to demand that he be provided with the necessary information and documents, identify the person, and verify legal capacity.

Procedure for registering a deed of gift

It is highly advisable to notarize the transfer of real estate or other valuable assets as a gift. This option reduces the risks arising from the alienation of expensive objects. This is also due to the need to register rights to an apartment in the Unified State Register of Real Estate.

Even in the case of a free real estate transaction, its participants will have to collect a certain package of documents. In particular, the following documents are needed:

• evidence of ownership;
• drawn up during the last transfer of the object (DCT, certificate of inheritance, deed of gift, etc.);
• technical passport (and also cadastral);
• a certificate confirming payment of property tax (provided by the Federal Tax Service);
• an extract from the Unified State Register of Real Estate about the absence of encumbrances on this living space;
• apartment valuation (cadastral, inventory or market valuation will do);
• consent of the spouse (guardian or co-owner) to transfer property.

If we are talking about the gratuitous transfer of one share, then this action must be approved by all other owners.

How much is pleasure?

All transaction costs can be divided into three categories:

• payment for notary services;
• payment of state duty;
• apartment tax.

The total cost of a lawyer’s work will be 3,400 rubles – 2,000 for drawing up an agreement and 1,400 for registering it with Rosreestr.

The amount of state duty and tax will depend on the cost of the apartment specified in the contract. Moreover, the legislation does not clearly indicate how to determine the price of real estate.

The existing letter from the Ministry of Finance advises relying on market value, but the document is only advisory in nature. In practice, the contract most often indicates the inventory value , which is listed in the extract from the Unified State Register.

Providing documents for the procedure

In 2020, before certifying a gift agreement with a notary, you need to carefully collect documents. This will allow you to quickly certify it and avoid having to come to the notary’s office several times. Among the required papers to certify the donation of real estate:

• passports of applicants;
• technical papers for the property;
• paper proving payment of the duty established by the state;
• deed of ownership of a potential gift.

The registration authority may require additional documents, some of which must be notarized. Among them:

• approval of the minor’s legal representatives that they agree to their child’s participation in the transaction;
• power of attorney, when a transaction requires the participation of a trusted person;
• written consent from the donor's second spouse, if necessary.

When a transaction with shares is executed, the notarized form of the gift agreement is mandatory and requires the written consent of other persons who are co-owners of the property. The donation of a share of an apartment can occur either between the owners of the apartment, or the share can be donated to a stranger when the owners of shared real estate enter into an agreement. If one of the above papers is missing, no one will draw up and register it.

The procedure for certifying a contract with a notary

To draw up a deed of gift for an apartment, you need to contact the notary office at the address of the real estate location for certification. Before contacting a specialist, the parties need to understand:

• according to the legislation of the Russian Federation, a notary is obliged to report the transaction to the tax service of the region where it was concluded;
• the amount of the cost of notarization is established in accordance with the Fundamentals of legislation on notaries;
• The donor and the recipient must appear before the notary.

The work of notary offices is not uncontrolled; executive authorities check the performance of the duties of such specialists. Citizens can also appeal the work of a notary by going to court at their place of residence.

Based on the work of a notary to certify gift transactions, several steps can be distinguished:

1. Drawing up and collecting documents. The legislation establishes a certain package of papers that is required when making a donation of property. It may differ depending on the subject of the transaction, as well as the participants. When preparing them, it is necessary to take into account that some of them also require notarization, for example, the consent of the second owner of the apartment being donated.
2. Transfer of a package of documents. One of the main stages of the transaction, when the notary checks all the papers provided, and also establishes the legal capacity of the parties and makes sure that the property can be transferred to the new owner. If there is any possible doubt about the possibility of concluding a contract, he refuses to provide the service. For example, identifying a lack of approval on the part of the second owner of the property or establishing the incapacity of the donor.
3. Notarization. The certification of the document itself begins with the notary explaining to the parties to the transaction the essence of the agreement, their rights and obligations after its conclusion. He reads out loud the drawn up contract, and it is signed by the donor and the donee. Next, each party receives its own copy of the paper signed by a notary.

After completing all of the above actions, the papers can be sent for registration to Rosreestr. The main task of certifying a contract by a specialist at a notary office is to examine the moment of its conclusion.

List of required documents

The success of the upcoming transaction depends on the collected documents.

Applicants must appear at the MFC with:

• passports (originals);
• a completed donation agreement form (not signed!);
• a document providing the basis for the emergence of ownership rights to an apartment or share - a privatization agreement, sale and purchase agreement, exchange agreement, etc.;
• certificate or extract from the Unified State Register of Rights on registration of rights;
• extract from the apartment card - about the residents (registered) persons;
• agreement of shareholders - if the housing is in shared ownership;
• notarized consent of the second spouse;
• registration certificate for the apartment;
• personal account statement – ​​issued at the housing department;
• cadastral passport - has now been replaced by an extract from Rosreestr;
• permission from the guardianship authority (if necessary).

The notary requests the same list of documents, which will have to be supplemented with an appraisal act - to calculate the state fee for notarization of the deed of gift. Valuation can be cadastral, inventory and market.

The essence of the notary service

The current law requires mandatory registration of the gift transaction in Rosreestr

Among the standard forms of a gift agreement, a notary office or a notary chooses the appropriate option, taking into account the characteristics of the parties to the transaction and the object.

The donation of various property has its own peculiarities. Thus, a deed of gift for a house necessarily entails state registration of rights to real estate in Rosreestr and the preparation of a corresponding entry.

Drawing up a contract in writing reflects the reliability of intentions.

The document must include the following information from the parties:

• passport details of the donor and recipient;
• subject of the contract;
• characteristics of the object of donation;
• an indication of documents confirming ownership of movable or immovable property as an object of donation.

Characteristics of a gift agreement without a notary

The gratuitous transfer of property is carried out between persons according to an agreement. It can be expressed verbally and in writing.

Many documents are certified by a notary office. But the law does not provide for contacting an organization when concluding a gift transaction.

However, the Tax Code introduces the concept of mandatory notarization. It is necessary not for the fact of the transaction itself, but for the further registration of property rights. To answer the question of whether it is possible to draw up a donation agreement without a notary, it is necessary to find out the specifics of the donation procedure.

The gratuitous transfer of property and rights to it is formalized in writing.

The procedure uses a simple written form. The law states that a gift agreement can be drawn up without the involvement of a notary.

To donate any property, you must have a deed of gift in hand. It is submitted to state registration authorities.

If this happens, then the donee acquires ownership rights only after entering information about the new owner into. There is no need to certify the transaction with a notary, since he only confirms the fact of the agreement with his signature and seal. The duties of a notary when drawing up a gift agreement include only the examination of the parties and their signatures.

However, he does not delve into the essence of the document. Therefore, the correctness of the drafting and provisions of the contract must be monitored by its drafters. A gift agreement without a notary can be concluded with.

In this case, a written form is required when:

1. car cost over 3,000 rubles;
2. consensuality of the agreement.
3. participation of a legal entity as a donor;

In all other situations, the donation is made orally. The notary does not have to confirm the transfer of the gift.

The abolition of mandatory notarization of contracts involving the transfer of real estate occurred in 1996, when the Civil Code of the Russian Federation came into force.

This condition also applies to a gift agreement.

To officially confirm the transaction, you must pay at least 0.3% of the value of the property.