Rosreestr explained the procedure for donating an apartment Detailed information about the procedure was posted on the service website. For the successful completion of the transaction, it is necessary to correctly draw up an agreement between the previous and new owners.
All the details of the donation procedure are spelled out in chapter 32 of the Civil Code. A Russian can donate a house or apartment independently or through a representative, for whom a power of attorney must be drawn up. Russian citizens have the right to transfer both real estate and property rights as a gift, for example, the right to claim under an agreement for participation in shared construction.
The service explained that a verbal promise to donate an apartment or house has no legal force. The donee receives ownership of housing only after both parties have signed an agreement, and the transfer of ownership is registered in Rosreestr.
Russians do not need to certify the donation transaction with a notary. This procedure is required only in some cases – for example, when a share of real estate is presented as a gift. An application for state registration of rights under an agreement can be submitted independently through the MFC, the offices of the Cadastral Chamber, as well as on the electronic service of the Rosreestr website.
In some cases, the recipient of the gift must pay a tax of 13 percent of the property's cadastral value. Such a duty falls on the donee if he is not a close relative of the former owner – only spouse, parents and children (including adoptive parents and adopted children), grandfather, grandmother, grandchildren, brothers and sisters are exempt from tax.
When donating, you must also pay a state fee. The amount depends on the type of real estate and the method of filing documents. For example, if the recipient submits documents for registration in paper form, the state fee will be 2 thousand rubles, and if in electronic form – 1.4 thousand rubles.
Under some circumstances, the law prohibits Russians from donating real estate. For example, legal representatives of children under 14 years of age and incapacitated citizens cannot transfer the property of their wards as a gift. In addition, employees of organizations providing educational, medical or social services do not have the right to receive a gift of housing from those who are being treated, supported or raised in these institutions, as well as from their relatives. The ban on donating real estate also applies to state and municipal employees and employees of the central bank if the gift is related to the performance of their official duties.
In October, Pen & Paper's lawyer Alexandra Kharina warned Russians about the most common frauds of relatives with real estate. Most often, loved ones deceive by forging documents and using powers of attorney. Kharina urged citizens to be careful, as the victim may find out about the theft after a few months or years, when it will be very difficult to return the property.