Donating a summer cottage to a relative

Many owners of landscaped garden plots, especially the elderly, are interested in how to draw up a deed of gift for a dacha, and without extra costs.

A dacha donation agreement is a legal document establishing the transfer of ownership of a land plot and all buildings on it without any compensation or compensation to one or more persons and organizations. Compiled entirely voluntarily. It is prohibited to make personal demands or make claims.

Terms of preparation

Drawing up a dacha donation agreement requires compliance with the conditions prescribed by law. In case of violation, it is canceled. The deed of gift loses legal force if:

1. the donor has not reached the age of 18 or is declared legally incompetent;
2. when transferring the object of donation to persons who, by the nature of their official activities, provided services to the donor (medical personnel, employees of social services and educational institutions);
3. registered to an employee of a government or other organization;
4. drawn up between commercial entities.

Important! If the recipient has not reached the age of majority, the presence of the child, guardian and donor is required during the donation procedure. To carry out the procedure legally, you must present the child’s birth certificate. Guardians are required to confirm their consent to accept the item of donation in a written statement.

The object of donation, subject to a special clause, can be transferred within a certain period after signing the agreement. If the donor dies during this period, the transaction loses legal force. The transfer of rights to real estate must be documented before the death of the customer.

Deed of gift: concept

A deed of gift is a legal document that confirms the gratuitous transfer of movable or immovable property (worth more than three thousand rubles) from one person (testator) to another person (heir).

If property whose value is less than three thousand rubles is transferred by inheritance, then according to the Law, its transfer does not have to be documented and can be carried out in the usual form.

A distinctive feature of the deed of gift is the condition of the absolute gratuitousness of the transfer of property. What does it mean? By transferring personal property to an heir, the testator no longer has to lay claim to it or dictate how it will be disposed of in the future. If this happens, the transaction will be considered invalid (Part 2 of Article 572-582 of the Civil Code of the Russian Federation).

Read more: Sample contract for finishing work

Read about the cases in which a deed of gift can be revoked here.

The form of the deed of gift does not have a clear established form, so it can be drawn up either in any form or according to an approximate sample, which can be downloaded below.

In order for a completed deed of gift to gain legal force, it must be registered . You can register a deed of gift through a notary.

Design options

The donation agreement for a summer cottage is drawn up in several ways:

1. independently compose in written or oral form;
2. personal registration followed by a trip to a notary organization for approval of the document by a specialist;
3. take full advantage of the qualified assistance of a notary.

According to Article 574 of the Civil Code of the Russian Federation, an oral form of agreement is permitted. Choosing this option does not carry legal guarantees; in case of any disagreement, it will be impossible to prove your right to a dacha in court.

A nuance about the land plot

Based on a gift agreement, the donee can obtain rights to property that is the property of the donor. Despite the fact that the dacha and the plot of land on which it is located are a single object, the donation agreement for the dacha land plot is not drawn up separately, but this fact is stated in the main text of the agreement.

Separating ownership rights to a plot and a dacha is prohibited by paragraph 4 of Article 35 of the Land Code of the Russian Federation. Therefore, both objects must be transferred into the hands of one owner. In this case, the condition is stated in the deed of gift. The person receives both the building and the land on which it is located.

Article 35. Transfer of rights to a land plot upon transfer of ownership of a building or structure

If the donor does not have rights to the plot, it is necessary to register it legally. If this is not done, the donee will rightfully own the dacha and use the land in a limited manner, just like the donor. The recipient can independently register the rights to the plot. But for this it is necessary to register ownership of the dacha itself.

This can be done based on:

• land grant act;
• certificates of ownership;
• extracts from their household ledger.

Act of approval of the boundaries of a land plot

Registration through a notary office

The law does not regulate the mandatory approval of a gift document by notarial authorities; this is determined solely by the desire of the customer. But turning to professionals guarantees the confidence that the operation will be carried out correctly. The notary is obliged to check the legality of the transaction, its authentic execution, and keeps one copy of the agreement in his possession. In case of litigation, if a document is lost by one of the parties, the notary’s copy will play a decisive role. The advisability of visiting a notary, according to legally savvy people, exceeds the material costs of his services.

It is possible to order all documentary operations, as they say, “turnkey” from a special legal organization. It is required to provide a full package of documents; those that are missing are prepared according to the law, fill out a deed of gift form and register it with Rosreestr. They issue fully completed documents to the donor and recipient.

Mandatory package of documents

To go to a notary you need to collect:

1. original and duplicate identity cards of all participants in the process (sheets with photographs and registration are important);
2. legal documents for the dacha: sales and purchase agreements, deeds of gift, inheritance, court decision;
3. a duplicate of the cadastral plan for a land plot with a specific registration number.
4. certificate for registration of a dacha or confirmation of the right to build buildings.
5. technical passport for country houses.
6. a legal entity is required to submit a certificate from the Unified State Register of Legal Entities.

Drawing up a contract and design features

Paperwork is a serious and important process. You need to know exactly a lot of details that matter.

The text of the contract must include the following information:

• name of the land plot;
• its area;
• category;
• location;
• cadastral number;
• property rights to the site.

If a contract lacks these mandatory terms, it will not be considered valid.

Also, the gift agreement may sometimes include additional conditions, such as the rights of the recipient to the dacha or the period of the gift. They are not mandatory and are included only at the request of the parties.

Since a dacha implies the presence of a house on a plot of land, it is worth noting that a donation of land and a building located on it occurs simultaneously. Moreover, they, naturally, must be owned by the same person - the donor, and he must have the appropriate documents that confirm this

. It is impossible to separate the plot and the house located on it; this is indicated in the Land Code of the Russian Federation.

Accordingly, refusal of registration is possible both because of problems with the land and because of problems with the house. Donation can also be made to third parties, but most often it occurs between relatives

. But donations between commercial organizations are prohibited.

In addition, children under 14 years of age or incapacitated persons cannot draw up a deed of gift. Social workers and government workers cannot be recipients if their ward wants to make the gift.

. To carry out a transaction, it is necessary that both parties personally participate, or, if this is not possible, their representatives with notarized powers of attorney.

What documents are needed?

Specifically, there are two parties involved in a gift agreement: the donor is the one who owns the property, and the donee is the one to whom the object of the donation is transferred. Suppose you want to issue a deed of gift for a garden plot or dacha for your close relative

. To do this, first of all you need to collect the necessary papers.

The main package of documents includes:

1. Technical passport of a garden plot or cottage.
2. Cadastral plan of the site.
3. Passports of both parties.
4. A title document confirming the donor's ownership of the dacha.
5. Certificate of state registration of rights.
6. Receipt for payment of state duty.
7. Donation agreement.

After all the papers are collected and submitted, they undergo a legal examination, which lasts 10 days. Based on its results, registration of the right is either carried out or suspended.

If registration is suspended, then applicants are given a month to correct all shortcomings, provide missing documents, etc. If the problems have not been resolved within a month, then the applicants will most likely be denied a deed of gift.

Material compensation

Payment for a qualified specialist includes a constant amount for a given type of operation in a given company and a percentage premium on the actual cost of the object. Additional documents are required with the cadastral value of a plot of land with all buildings. To calculate the amount of payment - a percentage of the cost of the dacha: cadastral passport, extract from the house register, technical plan of the BTI.

Next, the notary specialist draws up the deed of gift according to the wishes of the donor and observes it until it comes into force.

Donation agreement

Important! Information is entered into the donation agreement, according to the norms of the Civil Code of the Russian Federation, in full, in accordance with the approved procedure according to identification documents. Otherwise, registration will not take place.

donation agreement for a land plot with buildings

The deed of gift for a summer cottage strictly contains:

1. FULL NAME. donor, passport number or other identification document, date and place of birth, actual residential address;
2. city ​​of the transaction and date;
3. specific real estate data (place of registration, material for constructing country houses, their sizes, number of rooms, communications, information about the land plot);
4. a document certifying the acquisition of an object of donation for individual use (purchase and sale, inheritance, privatization sheet);
5. data on the absence or presence of various onerous agreements on the donated property. For example, there is no debt, arrest, or collateral, the lease has been issued to strangers;
6. a certificate from medical institutions confirming the legal capacity of all participants in the case;
7. original details and handwritten signatures of the parties confirming them.
8. at the request of the designer, the commercial price of the dacha is indicated and unacceptable actions when using the dacha are entered.

The required number of copies is determined by the number of participants in the process and an additional copy for registration.
When drawing up a document for several persons, a deed of gift is drawn up in a standard form indicating the shares of the recipients (of equal value or others at the discretion of the customer). It is necessary to determine the size of the shares for each person included in the agreement, having previously established the appropriate boundaries of the new plots in the boundary plan.

Important! In the case of donating a dacha to several persons, do not forget to determine the form of future ownership: joint or shared ownership.

How to register a donation of a dacha

Any real estate transactions require appropriate registration. Giving a dacha is no exception.

A dacha is a plot of land with beds, trees and, of course, a country house built on the plot. The two named objects relate to real estate. This is confirmed by paragraph 1 of Article 130 of the Civil Code (hereinafter referred to as the Civil Code), from which it follows that plots of land and everything that is firmly connected with it - buildings, structures, including country houses, are immovable things.

Consequently, all the same requirements and rules apply to the execution of a dacha donation agreement as to the donation of any real estate. The main condition for this remains that the donor has documents confirming and establishing his ownership rights to the object of donation.

Registration procedure

As we have already noted, a deed of gift for a dacha is drawn up in writing. And although the provisions that previously required notarization of real estate donation transactions have been removed from the Civil Code, very often this becomes a necessity if the parties have even the slightest doubt about its consequences

And not everyone manages to draw up a document correctly, without errors, without missing some important factor in its content

Additionally, since the gift agreement regulates the procedure and conditions for the transfer of a summer cottage, its validity and the completion of the transaction as a whole depend on whether it is drawn up correctly. All points of the agreement must be clear, specific and unambiguous.

However, the deed of gift must contain as much of the following information as possible:

• information about the parties to the transaction, their passport details and addresses of residence;
• the donor’s intention to give and the recipient’s consent to accept the gift;
• detailed description of the object of donation (dacha) - address of the location, information about the land plot on which the country house is built, the area of ​​each property separately, their cadastral numbers, technical characteristics of the building (what material it is made of, number of rooms and utility rooms, condition and so on.);
• an indication of title documents confirming ownership rights to real estate;
• information about the absence of an encumbrance on it or other restrictions on its use;
• an indication of the legal capacity of the parties to the transaction;
• information about other owners of the dacha (if available);
• determination of the rights and obligations of the donor and the donee, their responsibilities;
• indication of the period for transfer of ownership of the dacha;
• grounds for termination of the gift agreement;
• signatures of its parties.

The next stage of concluding a gift transaction after execution of the document itself is state registration of the transfer of ownership rights to the objects of donation from the donor to the donee. For this purpose, both parties are sent to the registration service, where each of them draws up a separate application. Together with the collected package of documents, signed applications are submitted to the registrar, receiving a receipt in return.

Information After conducting an appropriate examination of the submitted documents and checking the legality of the transaction, for which the law provides for 10 days, at the time appointed by the registrar, the donor and donee are given their copies of the gift agreement with a registration mark, and the donee is given a certificate of ownership of the real estate.

Required documents

Currently, if the title documents on the donor's ownership of real estate are properly registered, then many documents that were previously submitted for registration without fail are no longer necessary. But since the registration service has the right to request any of them in each specific case, it is better to have with you all the papers relating to the gift transaction and the subject of the agreement.

The package of necessary and additional documents includes:

• a receipt or check for payment of state duty (this is the first thing required);
• passports of the donor and recipient to verify their identities;
• three copies of the gift agreement (or four if the deed of gift was certified by a notary);
• title and title documents for property;
• cadastral passport for real estate;
• power of attorney confirming the authority of the representative of the party to the transaction;
• notarized consent to donate the joint property to the participant;
• permission from the guardianship and trusteeship authorities for the transaction if the property belongs to a minor under 14 years of age and the consent of parents or guardians if he is between 14 and 18 years old;
• and others.

State registration

10 days from the date of the transaction are given to submit the deed of gift to Rosreestr. The registering organization will additionally require a tax payment receipt, and may request other necessary documents. The complete transfer of ownership of the dacha is recognized after all participants in the process of signing the transfer act containing a detailed description of the property. The registration period takes from 10 days to 1 month. In connection with new amendments to the law, an extract is issued confirming the right to the specifically donated property.

Positive aspects of gifting between close relatives

Registering a dacha with a plot of land in the name of close relatives through emphasis makes it possible to get rid of certain problems:

• the former owner of the dacha does not have to pay taxes to the budget, since he has no income;
• the relative who received the gift is also freed from the need to pay taxes, since the Tax Code of the Russian Federation contains provisions according to which the agreement for the donation of a dacha drawn up between close relatives is not subject to taxation;
• a dacha received as a gift will be the sole property of the donee and the second spouse will not be able to claim its division during a divorce.

The recipient should be aware that the deed of gift can be challenged. The donor can cancel the transaction and demand the return of the dacha. Civil legislation provides for this possibility in a number of cases, for example, if a relative who received a gift attempted to kill the donor or mishandled the gift, which could subsequently lead to its loss.

Peculiarities of registration of deed of gift among close relatives

A deed of gift for a dacha between close relatives is drawn up according to the standard scheme, but with an additional clause recording the close family relationship of the parties (attach a marriage or birth certificate). Close relatives are considered to be brothers (sisters) of one or both parents, natural and adopted children, grandchildren and, accordingly, their parents and grandparents.

The main advantage of signing a gift agreement between relatives is that there is no income tax to pay on the dacha.

List of documents for registration of deed of gift

When submitting a deed of gift for registration to the relevant authority, you need to prepare the following list of documents:

• Passports of the donor and recipient. It is also necessary to make photocopies of the 1st page and the page where registration information is located);
• A document confirming that the dacha belongs to the donor;
• A receipt confirming payment of tax;
• A completed deed of gift (at least three copies);
• Application for transfer of ownership;
• Cadastral passport (if available);
• Home Book;

about the author

Vladislav Ermikhin

Graduated with honors from the Faculty of Law. Since 2006, she has specialized in controversial issues related to inheritance and donation.

Many people encounter the issue of registering a deed of gift at some point in their lives. Quite often, pensioners transfer their acquired property to the younger generation. As a rule, the transaction is concluded between parents and children, or between other close relatives

.
The donation procedure allows you to transfer real estate from one party to another free of charge
. It will be useful for those who are interested in this process to learn how to draw up a deed of gift for a dacha in 2020.