Transfer of property from one owner to another may be different. For example, by will or gift. The second scenario in real life is considered the most acceptable. Therefore, today we will understand how the design of the gift certificate for an apartment occurs. The cost of this service at a notary public, the size of state fees and the list of necessary papers for implementing the idea will be presented to your attention. With proper preparation, giving an apartment will be easier than it actually seems.
Definition
What is called a gift?
A gift agreement is a form of transfer of ownership from one owner to another during the life of the donor. A gift is issued free of charge and completely voluntarily.
Accordingly, a gift is a means of re-registering property for another person. Property obtained in this way will not be shared between spouses. She is recognized as the personal property of the donee.
Notary - desire or necessity?
What is the cost of registration of a gift for an apartment with a notary? Do I always need to contact an authorized person for help?
The current legislation of the Russian Federation emphasizes that it is not necessary to go to a notary for registration of gifts. In any case, when it comes to movable property. The transaction can be conducted and registered independently.
But if you plan to donate real estate, you will have to contact the notary office for help. In addition, the notary will help in any circumstances confirm the legitimacy of the transaction. So, a visit to him will not be superfluous.
The death of the donor
Registration of a gift for an apartment with a notary after the death of the donor is impossible. However, as well as the realization of ideas on their own. The thing is that the gift is compiled and signed during the life of the donor. And no other way.
If a person dies, then an inheritance arises. It can be transmitted by will or by law, but no more. Gifts in this situation do not take place. The heirs after receiving property from the testator can draw up a gift agreement for the person chosen by them. Prior to obtaining property rights, the implementation of an idea is impossible.
Action plan
The cost of issuing a gift certificate for an apartment with a notary will be disclosed later. First you need to remember how a gift contract for real estate is concluded.
Citizens will have to:
- Prepare documents legally requested for registering a transaction.
- Write a gift. It is important to leave a detailed description of the object of donation and the conditions for termination of the contract.
- Pay the fee in the prescribed amount.
- If necessary, additionally pay a notary for transaction support.
- Conclude a deed of gift in the presence of an authorized person.
- Carry out the procedure for re-registering ownership of the new owner.
It would seem that the process should not cause any problems. But in practice, things are not as easy as they seem. Especially in terms of preparing documents. Sometimes this process causes certain difficulties and entails additional expenses.
List of documents
What does the notary public donate for an apartment? Documents for such an operation are needed exactly the same as when solving the issue on their own. The difference is only in the number of copies of the gift. If citizens apply to the notary's office, then they need to prepare not 2, but 3 donation agreements.
The rest of the list of documents is no different from the design of donations without a notary. Parties are required to bring:
- an agreement that describes all the nuances of the operation;
- passports (or other identity documents);
- Help with registration (preferably);
- certificate of ownership of housing;
- the spouse's consent to the transaction (if they give an apartment purchased in a marriage);
- an agreement from all apartment owners for the operation (if any);
- permission from the guardianship authorities and the parents of the minor (when they give housing belonging to children or incompetent persons);
- receipt of state duty paid;
- cadastral and technical passport of real estate;
- extract from the Unified State Register;
- any documents confirming the kinship of the parties (when donating to relatives).
That's all. To facilitate the process, it is also recommended to evaluate the housing and attach a certificate with the value of the property to the donation. It will not be superfluous.
Waiting times
Now it’s clear how the registration of a gift from a notary is carried out. The cost of these services is usually different. But no one has canceled the state duty for the operation. It is one in all regions. More about this later.
First you need to understand how long to wait for a gift certificate. Typically, the waiting period does not exceed 10 days. Rosreestr needs so much in order to issue a new certificate of ownership.
The process of registration of a gift certificate for an apartment with a notary public (the cost of the service varies depending on the region of residence of the citizen) is several minutes. Ideally, up to 1 hour. During this time, the authorized person will check the deed of gift, the documents presented to the attention and certify the operation. Usually, property rights to the property pass to the donee immediately after the conclusion of the transaction.
Notary Services
The cost of registration of a gift for an apartment with a notary, as mentioned earlier, can not be called unequivocally. It will vary depending on the region where the parties live. Some notaries do not charge an additional fee for the certification of donations, someone requires payment for the work of a notary.
For example, private offices ask for their services from 500 rubles to several thousand. And the state notaries can do without paying state fees. All this must be taken into account when concluding a deed of gift.
About Duty
The cost of obtaining a gift certificate from an notary directly depends on how much the property costs. The duty is calculated taking into account the cadastral value of housing. That is why experts recommend a preliminary assessment of the property.
How much will a notary public donate an apartment? The cost of the duty is 0.5% of the price tag for housing. At the same time, the maximum payment amount cannot exceed 20,000 rubles.
Additional expenses
Now the cost of registration of a gift certificate for an apartment with a notary is clear. By proxy or not - this is not so important. The main thing is that the transaction fee will directly depend on the valuation of the property.
As an additional cost, they often allocate expenses for the technical assessment of real estate. Its cost ranges from 2,000 to 10,000 rubles. If citizens decide to act by proxy, then it is additionally necessary to pay for the execution of this document.