What documents are required for admission to the university. When to apply to the university

Attention The costs associated with the certificate of donation for the apartment and the procedure for registering the transfer of ownership of it, as a rule, lie with the donee, since it is he who is the beneficiary under the contract. However, at the discretion of the parties, these costs may be shared between the parties. Notarized consent for donation According to Art. 35 of the Family Code of the Russian Federation (SK RF) alienation of property that is in the joint joint ownership of the spouses, i.e. acquired during marriage, requires the consent of this spouse to carry out such a transaction. Giving is no exception. At the same time, the current legislation in the field of family and civil law provides that the disposal of property by one spouse already implies the consent of the other, i.e. the presumption of consent of the spouses is established.

Notary deed of donation

The cost of registration of a donation for an apartment at a notary When contacting a notary office for drawing up a donation, the parties will have to bear the following additional costs:

notarial fee for certifying a gift agreement;
the cost of technical work on drawing up a contract, if the donor and the donee have decided to use the services of a notary office.

The size of the notarial rate may vary depending on the region of the transaction and consists of a fixed amount and a certain percentage of the cadastral value of the property. Bearing these costs is an inevitable payment for the opportunity to receive additional guarantees of security and absence of risks.

Do I need to notarize the donation agreement

The law regulates that the notarized consent of the second spouse must be drawn up with:

transactions for the disposal of real estate (house, share of an apartment, dacha, apartment, land plot);
transactions requiring notarization and (or) state registration.

When one spouse wants to donate property to another person, he must take into account the conditions set forth by the other spouse, fixed in writing. When obtaining consent, the notary is obliged to establish the identity of the spouse giving it, his legal capacity and draw up a document in accordance with Art.

45, 46, 54 Fundamentals of legislation on notaries. The state duty is paid for obtaining the consent. How a deed of gift from a notary is drawn up (contract form) First, you need to consult a notary about drawing up a donation form, you can come with your own sample document.

Do I need a notary when donating a share of an apartment

The Tax Code stipulates how much the transaction verification services cost. An additional list of services is provided for a fee.

Attention

Additional services can be:

Copying documents,
Execution of the text of the agreement and printing on forms,
Additional legal advice.
Departure at home.

The cost of each type of notary's services is spelled out in the law "Fundamentals of Legislation on Notaries" art. 22.1. The total value of the gift consists of:

Notary services - on average up to ten thousand rubles,
State duty - two thousand rubles,
Payment of tax in case of donation by unrelated persons.

The procedure for registration of a donation for real estate The conclusion of a notarial donation agreement is the preferred form when receiving real estate objects as a gift.

Do I need to notarize the donation agreement or not?

if provided by law;
at the request of the parties involved in the transaction.

a vehicle, construction and self-propelled equipment, an apartment, a share in an apartment;
by an individual - expensive movable property (the contract is not subject to state registration, without the participation of a notary, the donee does not have any other significant documents confirming the transaction in his hands);
the possibility of appealing the gift;
the donor is an elderly person who abuses alcohol (drug addict) or has mental disabilities.

Certificate of dedication - confirmation of its legitimacy.

The procedure and cost of registration of a donation for an apartment at a notary

Important

Registration of a deed of gift for an apartment at a notary in some cases is a mandatory requirement of the law. Even if such a condition is absent in the law, the parties can independently choose this option for processing documents for the transaction, which will provide additional guarantees for the legality of the actions of counterparties.

Features of drawing up a deed of gift through a notary's office The procedure and conditions for making transactions with real estate, which include donation, are regulated by the Civil Code of the Russian Federation. Each agreement under which the emergence or transfer of ownership of an apartment occurs is subject to state registration with the Rosreestr authorities with the entry of information into the USRN.
The participation of a notary in the execution of documents for transactions is by no means always a prerequisite.

Is it obligatory to certify the donation agreement with a notary

Payment of expenses for registering a transaction: services for drafting and certifying an agreement, state duty, notary tariff and transaction tax; by law lies with the donee, but you can pay them personally or mutually, if there is an agreement. The cost of notary services for the execution of the transaction ranges from 2 to 15 thousand rubles, and depends on the region of residence. Find out about the cost of registration of a donation agreement for an apartment between close relatives, as well as an apartment owned for less than 3 years. Stages of the procedure How to draw up a donation agreement with a notary? There are no particular difficulties in the procedure for issuing a donation through a notary. Let's take a closer look at it so that you do not waste extra time collecting unnecessary documents, and can enter a deal as soon as possible.

Do I need to certify a deed of gift for an apartment by a notary

This case just concerns the registration of real estate as a gift, as well as the performance of a legal entity as a donor. In the event that the parties themselves wish to formalize the donation agreement by a notary, the process becomes mandatory for both parties to the transaction.

This is indicated in Article 163 of the Civil Code and Article 53 of the Law "On Notaries". Read also How to correctly issue a deed of gift for an apartment When deciding on the method of registration of a deed of gift, citizens should, first of all, be guided by common sense and the calculation of the need for legal protection in the future.

The fact is that the fact of the legality of the transaction can be challenged by any other relative of the parties, and the usual self-signing of the donation document may be incomplete or legally incorrectly drawn up.

Do I need to certify a deed of gift for an apartment at a notary

Benefits of notarization Individuals prefer to use the services of a notary for a number of reasons:

The actions of a notary are always performed on behalf of the state, which means that they guarantee the absence of encroachments on the property of the clients who applied to him.
The notary acts as an independent person providing services on a professional basis.
All steps and intentions of a notary are strictly regulated by applicable laws.
The purity of the transaction is checked through the identification of the parties (verification of the presence of goodwill, legal capacity, legal clarification of the consequences of this transaction).

Despite the fact that such services are quite expensive, such costs are justified. Donation for an apartment through a notary You can donate not only an entire apartment, but also a part of it.
Usually, the registration period does not exceed 10-30 days. In rare cases, the registration of the contract may be refused. This happens when there is an encumbrance on the apartment, the spouses do not agree to the deal - and in general, only if the package of documents is insufficient, or when certain certificates expire. This problem is solved by replacing the necessary papers, except for the situation with the occurrence of encumbrance. In the latter case, until it is removed, the donee will not be able to obtain documents for the property, although the donation agreement will already enter into force. Since 2013, it is considered legally valid not from the moment of its registration, but from the moment of signing by the parties. You can find out whether it is possible to donate an apartment with a mortgage or with debts and registered people on our website. As you can see, there is nothing complicated in the process of registering a deed of gift through a notary.

Donation of property is a gratuitous transfer of an object or documents, but how to issue a deed of gift without a notary? The donation agreement is concluded both in writing and orally. The donation is issued only at the request of the parties, with the exception of those cases that are prescribed in the Tax Code of Russia. There are also circumstances in which donation is subject to mandatory registration through a notary.

Whether it is necessary to certify donation agreements with a notary will be covered in this article. The nuances of drawing up an agreement and what is required for registration of a deed will also be considered.

To services of readers and visitors of the portal - free legal aid. The consultations are carried out by lawyers within the framework of the state program.

In article 574 of the Civil Code, a deed of gift can be drawn up in two forms - in writing, orally. But the laws also prescribe situations in which a written format is a prerequisite. This applies to those cases when the object of donation is real estate and if the donor is a commercial organization, and the price of the gift is higher than 3,000 rubles.

Notarization of the donation agreement becomes a requirement when the parties to the transaction wish to do so. This is indicated by Articles No. 163 of the Civil Code of the Russian Federation and No. 53 of the Law on Notaries.

However, a notary can help with the transaction. For example, deciding to donate a house, car or garage, the donating party should consider visiting a notary. This is due to the fact that third parties with interest or relatives have the right to try to cancel the agreement. In the event that the papers and the transaction itself took place under the approval of a notary, it is almost impossible to cancel the gift. In view of this, only the written drawing up of the contract cannot give a 100% guarantee for the protection of the rights of the gifted.

The fact is that the notary's duties include checking the "cleanliness" of the documents, and the agreement itself. Mandatory actions of notaries include:

Identify the individuals involved in the contract. Passport verification is not the only thing a notary does. It also checks the legal capacity of the parties, belonging to the restrictions, etc.
Revealed free expression of will for the transaction. This is required by Article 54 of the Law on Notary Services.
Also, the notary explains the content, legal consequences and essence of donation.

Naturally, it is possible to draw up a transaction without a notary, because you will have to pay for his services, but such expenses justify themselves and instill confidence not only in the legality of the event, but also in minimizing the risks of challenging the donation. Therefore, when asked whether it is possible to draw up a donation agreement without a notary, everyone must decide for himself, based on the information received.

Papers and conditions for certification of donation by a notary

Having partly sorted out the question of whether it is necessary to notarize the donation agreement, you can provide information on how to draw up a gift certificate and what documents are needed for this.

In addition to registering a donation and collecting papers, the parties will need to visit the registering authority and re-register property rights in the manner prescribed by law. This mainly applies to real estate transactions.

Registration of a donation agreement with a notary for a living space takes place only at the address of the location of the object. When contacting a notary, you must provide:

Passports of the donor and the recipient of the gift.
A certificate from Rosreestr on the rights to a dwelling, or a document of title.
Certificate of ownership.

You may also need a certificate from the house book about the persons registered in the apartment or house.

In addition, you should know:

Immovable property acquired in marriage and being on the joint list requires consent from the other party, which is also endorsed by a notary.
If the recipients of the gift are children under the age of 18, then the consent, certified by a notary, from the parents and guardianship authorities is presented.

Having provided the necessary information and papers, the notary conducts a legal check, explains to the parties the terms of donation and begins the procedure for registering the donation.

Registration of a donation agreement with a notary ends with the submission of documents to the registering authority. Actions are carried out independently. The parties need to visit the notary twice - in order to start processing and pick up the documents after registration.

Please note that the price of the gift must be notarized, which is taken by agreement of the parties, or from the cadastral passport. The main thing is to observe the measure so that the cost is not extremely underestimated (no more than 70% of the cadastral value).

Then, an agreement is signed, the parties pay the state fee and the services of a notary officer. Participants can then proceed in two ways:

Get a package of documentation in your hands and independently apply to the Rossreestr or the MFC to re-register property rights. When visiting the institution, documentation is presented and a statement is written, which will be signed by the parties to the transaction at the registrar. A duty of 2.000 rubles is also paid.
Leave the documentation at the notary organization and wait for the completion of the procedure. The participants in the transaction are handed a receipt on receipt of documents to the notaries, where the date of the next visit is stamped. Accordingly, the fee and notary fees are paid at the current tariff.

By the way, you can get documentation and a certificate for state registration in the name of a new owner as an independent order when you visit the relevant institution or from a notary.

Notarial donation agreement

On the basis of article 35 of the SK of Russia, the alienation of jointly owned property, i.e. acquired by spouses in marriage, requires obtaining consent from the husband or wife to conduct such a transaction.

At the same time, the current laws of family law and the Civil Code of Russia prescribe that the use of joint property of spouses automatically gives consent. In other words, the agreement can be omitted, since no mandatory power of attorney is required. And this is true, because family relationships are based on trust.

But, if, for example, the spouse becomes aware of the fact of donation or other disposition of the common property by the husband and she does not like it, then there is an opportunity to file an application with the court and challenge the transaction. And in 90% of cases, the court will defend her rights, but if this does not apply to the situations prescribed in Articles No. 253 of the Civil Code (paragraph 2) and No. 35 of the SK.

At the same time, Russian Legislation establishes that the contract is subject to notarization in such cases as:

Agreement on the disposal of the property. Starting from the donation of a living room, ending with a donation to the ground.
A transaction that is formalized with the help of a notary and requires state registration. This also includes a donation for a car.

Simply put, you need to contact a notary when it comes to valuables.

Therefore, when one participant in a marriage relationship wishes to donate property to a third party, he must take into account that if he does not obtain consent from his wife or husband, then in the future such a transaction may be canceled.

So, notarization of the consent of the spouse (s) is an expression of will about the ongoing transaction, officially fixed on the document.

Notary fees

For the reason that a donation agreement without a notary and with him can be legally carried out, the choice remains with the parties to the transaction. It should also be remembered that in addition to the state fee, when contacting a notary, you need to be ready to pay for services.

However, at the same time, for the parties to the transaction there is no difference at what rate the notary works, since his services are equal to the amount of state duty. This is indicated by Article 22 of the Russian Legislation on Notaries.

Prices for notarization of a donation agreement may vary depending on the degree of kinship of the parties to the transaction. When registering a deed of immovable property:

Between close relatives (spouse, child, grandson, grandmother, parent) - you will need to pay 3.000 rubles. + 0.2% of the cost of residential property, but the total cannot exceed 50,000 rubles.
Other persons, incl. to distant relatives, notary services are calculated from the price of the property.

If the gift is a movable object:

So for the closest relatives, the services of a notary representative will cost 0.3% of the price of the gift, but not less than two hundred rubles.
For the rest of the face, the price will be 1%, but not less than three hundred rubles.

The donor participant, as a rule, the recipient, can choose the documents where the value of the property is registered. In this case, it does not matter inventory, market, cadastral or nominal. If several such papers are presented, then the notary officer has the right to choose the one where the lowest price is indicated, but not less than the value in the cadastral passport. Such a requirement is made by the Tax Code of Russia in Article 333.25.

It should be noted that the notary can perform all actions for the parties to the transaction, incl. go through the state registration procedure. However, for such actions, you will have to pay about 1,000 rubles.

By the way, one more thing, if you call the notary at home, then the payment rate will be based on the state duty multiplied by 1.5 times + transport costs.

Valery Isaev

Valery Isaev graduated from the Moscow State law institute... Over the years of work in the legal field, he has conducted many successful civil and criminal cases in courts of various jurisdictions. Extensive experience in legal assistance to citizens in various fields.

The next thing you need to do is decide whether you need to notarize the application for registration on the P11001 form or not.

When P11001 can be not certified by a notary

An application in the P11001 form can be not certified by a notary in the event that you independently submit documents to the registration authority (tax). Then you will sign on the last page with the inspector.

Important: if several founders create an LLC, then all applicants must be present at the tax office. Don't forget to bring your passports with you!

Also in this case, all together and need to receive documents. One of you will simply not be given documents.

When P11001 needs to be notarized

In the event that you personally do not want to visit the tax office to submit documents for registration of an LLC, or only one of the founders will go, you need to certify the P11001 form with a notary.

To certify the form, the notary will need the documents prepared by you and the passports of the founders.

You can entrust the submission of documents not only to one of the founders, but to a third party, for example a courier. And in the first and second cases, the applicant will need a power of attorney from other founders to submit and receive documents. The power of attorney can be one from all founders. The notaries know what text should be written in the power of attorney, so do not bother searching for the text.

Payment of state duty for registration of LLC (details)

For the state service of registering a legal entity, it is necessary to pay a state fee to the budget. The amount of state duty for registration of an LLC is 4,000 rubles.

In Moscow, the state duty can be paid through the payment terminals located in the halls of the MIFNS No. 46. All the necessary details have already been entered there. You only need to enter the name and registration of the applicant.

By the way, the fee must be paid on behalf of the applicant (this is for cases when documents are submitted by an authorized person).

We cannot know whether there are payment terminals in your tax office. Better to check by phone.

Do I need to notarize a deed of gift for an apartment? The main advantage of registering a deed of gift for housing in a notary office is its one hundred percent legality and legal literacy... By contacting the notary, you can be sure that the agreement will respect the rights of both parties.

The notary is responsible for the transactions made with his property and the right to further practice, therefore, he guarantees one hundred percent legality of the transactions concluded through him.

The second advantage is correct contract, which will definitely be accepted for registration by Rosreestre. It is worth remembering that in a number of transactions for the registration of the transfer of housing as a gift, notarial consent of the spouses is required.

Registration of a transaction with a notary will allow you to avoid unnecessary running around in instances, and prepare all the necessary papers in one place.

The donor can also to get a consultation about the content of the contract with a notary, and if necessary, remove or add to it some points that he himself would not pay attention to.

And one more weighty argument - for those who are afraid later either the donor's relatives or meeting with them in court.

When concluding a contract in a notary's office, the notary acts as a third party confirming that the transaction took place with the consent of both parties, without coercion, and was made by the donor in his right mind.

it important momentif the parties are afraid to face the attempt later.

About in what cases and who can rent an apartment, as well as under what conditions an agreement on the donation of an apartment can be found on our website.

Risks

Is the notarization of donation required? What to expect if the contract not notarized?

The main risks of compiling and registering a deed of gift are the possibility of challenging it in the future.

The inability to take into account all the legal subtleties and nuances of such types of agreements can also lead to the fact that the rights of one of the parties to the transaction will not be properly respected.

Let's give an example:

You are a donor and are planning to donate to your second cousin a room that is your only place of residence (read about). In the agreement, you want to include a clause stating that the right to dispose of this area, the right to sell and reside on it.

It is called deferred gift agreement... It is not easy to formulate this condition on your own in an agreement. In the absence of notarization, the donee can go to court and challenge your right, or simply fail to comply with it. As a result, you will lose your only place of residence.

Hence the conclusion follows - you should apply for notary services if you have additional conditionsthat are required.

Or if available risksits subsequent termination by one of the parties or representatives of the parties.

Also, the notary keeps a copy of the agreement, which can later be restored if the original by one of the parties is lost.

You can learn how to conclude a deed of gift for an apartment with the right of life-long residence of the donor.

What is included in the list of services?

Notary services included in donations are standard:

drawing up a contract and preparing it for printing on a stamped blank;
preliminary legal consultation of the parties;
verification of documents for the transaction;
certification of the spouses' consent to the transaction - for an additional fee;
certification of the contract with a seal and signature, giving it legal force;
if necessary - home visit to conclude an agreement.

After completing the transaction, you will receive a ready-made and formed set of documents for state registration of the transfer of ownership. One copy of the deed will remain with you with the donee, one will keep the notary.

Payment of expenses for registering a transaction: services for drafting and certifying an agreement, state duty, notary tariff and transaction tax; under the law lies with the donee, but you can pay them personally or mutually, if there is an agreement.

The cost of notarial services for the execution of the transaction ranges from 2 to 15 thousand rubles, and depends on the region of residence.

Procedure steps

How to draw up a donation agreement with a notary? There are no particular difficulties in the procedure for registering a donation through a notary office. Let's take a closer look at it so that you do not waste extra time collecting unnecessary documents, and you can enter a deal as soon as possible.

What should be done first? What documents are required for registration of a deed of gift for an apartment at a notary?

check in

A package of documents formed by a notary for registering a transaction must be submitted by the parties to Rosreestr. The donee will have to pay the state fee for the provision of registration services.

After the documents have been accepted and verified by the registration office employee, a receipton receipt of a completed certificate of ownership on the specified date. Usually, the registration period does not exceed 10-30 days.

In rare cases, the registration of the contract may be refused. This happens when the spouses do not agree to a deal, or when they do not have enough documents, or when certain certificates expire.

This problem is solved by replacing the necessary papers, except for the situation with the occurrence of encumbrance. In the latter case, until its removal, the donee will not be able to obtain documents for the property, although the donation agreement will already enter into force.

Since 2013, it is considered legally valid not from the moment of its registration, but from the moment of signing by the parties.

You can find out if it is possible to donate an apartment or with on our website.

As you can see, there is nothing complicated in the process of registering a deed of gift through a notary.

Only drawback this kind of transaction is a fairly high fee for notary services.

If you find an error, please select a piece of text and press Ctrl + Enter.