Donation agreement for a share of a land plot: features of the conclusion and sample

In accordance with Art. 572 of the Civil Code of the Russian Federation (Civil Code of the Russian Federation), donation is understood as the gratuitous transfer of property into ownership from the donor to the donee. In turn, in this case we are talking not just about property, but about the share of a land plot, i.e. shares in the right of common ownership thereof.

Such deeds of gift are characterized by a simple written form and procedure for state registration of the transfer of ownership. In addition, there are certain features of donating a share of a land plot to relatives, minors, as well as its alienation together with a share of the house.

How to draw up a contract for donating a share of a house

In the process of registering a deed of gift for a certain part of the real estate, the subject of the agreement will be the share of the house, and this must be written down in the document, since otherwise it will be declared invalid. The document itself must be drawn up in standard written form, and this can be done either with the help of qualified lawyers or completely independently.

It is also mandatory to carry out a construction and technical examination, the conclusion of which will confirm the division of real estate in accordance with the shares of the owners, as well as the cost of redevelopment and the general list of actions that are required to carry out this procedure. The document also indicates the total cost of the house, land surveying options and the amount of compensation if dividing the house is not possible.

Cost of services

The price of services for drawing up and registering a deed of gift for a land plot depends on various factors.

The costs for concluding a donation agreement are as follows:

to pay state duty;
to have a document certified by a notary;
additional payments (collected in some cases by the notary).

The cost of certification of a document by a notary depends on the degree of relationship and the price of the land plot.

If the deed of gift is issued to a close relative:

the cost of the plot is less than 10 million rubles - 3 thousand + 0.2% of the value of the property;
more than 10 million rubles - 23 thousand + 0.1% of the price of the plot.

When a deed of gift is issued to a distant relative:

the cost of a land plot is less than 1 million rubles - 3 thousand + 0.4% of the real estate price;
from 1 to 10 million rubles - 7 thousand + 0.2% of the property price;
more than 10 million rubles - 25 thousand + 0.1% of the property price.

The value of a land plot, like other real estate, is assessed by independent experts.

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Agreement on donating shares to children for maternity capital

The distribution of shares to children occurs after state registration of ownership of these shares. Part 3 Art. 574 of the Civil Code of the Russian Federation establishes a rule on mandatory state registration of a real estate donation agreement. This provision directly applies to the donation of shares of real estate acquired using maternity capital.

The notarial obligation to provide housing is drawn up in accordance with the “Rules for the allocation of funds (part of the funds) of maternal (family) capital to improve housing conditions”, approved by Decree of the Government of the Russian Federation of December 12, 2007 No. 862 (hereinafter referred to as the Rules). In this case, the obligation states that the holder of the certificate (or another person who is the owner) undertakes to register the housing as the property of the spouse and children, including those born subsequently.

Agreement on donating shares of house and land to children

Conclusion You can give a share of a land plot to any person, be it a relative, child, acquaintance or friend. A person who donates his property under no circumstances has the right to demand something in return, since this transaction must be completed free of charge. If there is any counter-performance, the contract is not recognized as a donation. In order to make a gift, a person must draw up a gift agreement in writing, indicating all the necessary information in it: details of the parties, the area of the plot, its location on the basis of supporting documents, which are also attached to the deed of gift. The transfer of ownership is registered in Rosreestr at the location of the land plot, and a state duty of 350 rubles is charged (if the plot does not contain a residential building).

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As for the agreement itself, it must be in writing, indicating the necessary details of the parties and the subject of the transaction (clause 3 of Article 574 of the Civil Code of the Russian Federation). Copies of title documents are also attached to the deed of gift, which confirm the existence of ownership rights, as well as technical and cadastral characteristics of the subject of the transaction.

Garden plot as a gift

A garden plot is a type of land plot used for its intended purpose. The main condition is that the donor has ownership rights to the plot. Therefore, if you are interested in how to register a garden plot as a donation, then before the procedure you should take care of registering ownership.

If all the documents are in hand, then the agreement is drawn up in simple written form or certified by a notary. Then the procedure for registering the transaction and re-registering the plot to the new owner is carried out.

Donating a share of a plot to a relative

In some cases, land is owned by more than one person. Usually these are relatives. And although in fact the donation procedure is no different from a regular deed of gift, some nuances should be taken into account.

Previously, the plot is subject to division into shares. Moreover, their size must correspond to the minimum size of the land plot provided for in the relevant region.

The size of the transferred share, the address of the object, and the presence of buildings must be indicated in the text of the document. A share transferred from a close relative is exempt from income tax.

The law applies to close relatives:

parents;
children;
brothers and sisters;
spouses;
grandfathers, grandmothers.

Nuances of drawing up a gift agreement for a minor child (2021 sample)

“Is it possible to make an agreement on donating shares to children?” - many people ask these questions. In some cases, co-owners of real estate do not give their consent to the transfer of real estate. In such a situation, the donor can transfer his share to the recipient. In this case, the agreement is drawn up in a standard manner, and it is necessary to indicate that part of the apartment, house or land plot that will become the property of the child.

This procedure is standard - a specialist from a notary company checks the deed of gift and related documents and certifies the agreement. In this case, the services of a specialist can be paid either by the person wishing to donate the property or by the trustees of the child receiving the gift.

How to register a gift agreement

Step one is submitting the papers to the registration authority.

Participants in a share donation transaction apply for registration to a branch of Rosreestr or a district MFC (a sample application is available on the government agency’s website). The following must be attached to the application:

passport of each citizen (or birth certificate);
donation agreement (3 copies);
papers for the property involved in the transaction (certificate of ownership, extract from the Unified State Register, etc.);
power of attorney, if the parties act through a representative;

For registration, one of the parties (by agreement) pays a fee of 2000 rubles.

Step two is checking the transaction papers.

Registration takes ten working days. If the application was submitted to the MFC, the documents will be ready later - 14-16 days. During this period, registrars will check the documents for compliance with legal norms, make sure of their authenticity, and conclude that there are no contradictions in changing land rights.

Step three - applicants are given an extract from the unified state register of real estate indicating the change in ownership of the land plot's share.

Features of including a minor citizen in a transaction

The algorithm for concluding a contract for the donation of a share of land with the participation of a minor is standard, but the following nuances are taken into account:

The go-ahead for accepting a share of the land plot is given by the child’s legal representatives (parents, adoptive parents), and not by the child himself.
Representatives of the minor sign the gift agreement.
The recipient under 18 years of age, like adult citizens, pays tax on income from the transaction. If the minor does not have the financial capacity, this “falls on the shoulders” of the legal representative.

Restrictions on donating a share of land

It is prohibited to enter into a donation agreement for a share of a plot if:

The donor is under 14 years of age or is incapacitated (the prohibition also applies to representatives of citizens).
The land is given as a gift to employees of medical institutions, social organizations, educational structures, and the donor is a ward of these organizations.
A share of land is given to a civil servant or government official in connection with his activities.
One commercial firm wants to transfer a share of the plot to another private organization.
A share of land classified as agricultural is transferred if other owners of the site (if there are more than five) do not agree to the alienation.
The share of agricultural land will go under the agreement to a foreign citizen.

Features of donating a land share with another property

Land law operates on the principle of the unity of fate of buildings and the site on which they are located. Based on this, the rules for donating a share in the plot on which the buildings are located are as follows:

You cannot transfer a land share as a gift without registering a share in real estate located on the land (house, garage, barn, etc.).
The contract specifies the characteristics of the property - address, area, cadastral or conditional number.
unregistered real estate on the donated site passes to the new owner.

Specifics of donating a share of agricultural land

A share in a land plot used in agriculture is freely alienable under a gift agreement. An exception is that a plot of agricultural land is in common shared ownership.

The registration of a donation agreement for a share of agricultural land is preceded by its allocation.

Without allocating shares, it is possible to draw up a deed of gift in relation to:

Participant of peasant farming.
Organizations in the field of agriculture.
Another owner of the land plot from which the alienation of the share is planned.

The above entities undertake to use the allotment for its intended purpose.

Donation agreement for a share of a residential building and a share of a land plot

5.1. The transfer by the Donor of 1/3 of the share in the right of common shared ownership of a land plot and 1/24 of the share of the right of common shared ownership of a residential building with outbuildings specified in Section 1 of this agreement, and its acceptance by the Donee are carried out on the basis of a transfer deed signed by the parties agreement. After signing the transfer deed, the obligations of the parties under this agreement are considered fully fulfilled.

2.1.1.2. The DONOR has the right to refuse to fulfill this Agreement if, after the conclusion of the Agreement, the property or marital status or state of health of the DONOR has changed so much that the execution of the Agreement under the new conditions will lead to a significant decrease in his standard of living.

Donating a share of a house

Taking into account the above, we will try to determine what is meant by the share of a residential building. According to the provisions of Chapter 16 of the Civil Code of the Russian Federation, the definition of shares relates to the institution of property , in particular Art. 244 of the Civil Code of the Russian Federation identifies the concept of shared ownership , when property is in common ownership of several persons, but with the definition of shares.

The transfer of ownership of a share of a residential building when making a donation is subject to the state registration procedure in accordance with the requirements of Federal Law No. 122-FZ of July 21, 1997 “On state registration of rights to real estate and transactions with it” (Federal Law No. 122). The registering authority is the Office of Rosreestr for the constituent entity of the Russian Federation (Government Decree No. 457 of June 1, 2009 “On the Federal Service for State Registration, Cadastre and Cartography”).

What is a share (part) of a land plot?

When donating a share (part) of land, interested parties need to have an idea of what it is. Art. 6 of the Land Code of the Russian Federation (LLC RF) provides a complete list of objects of land relations, among which it distinguishes land (natural object and resource), land plots and their parts. This article not only does not disclose the concept of share, but also does not relate it to such objects. When referring to the norms of civil legislation of the Russian Federation, in particular to Art. 128 of the Civil Code of the Russian Federation, it can be seen that they also do not belong to the objects of civil rights.

Then a logical question arises about how certain transactions for the alienation of shares of property, including their donation, are carried out? The answer to this can be found by analyzing Chapter 16 of the Civil Code of the Russian Federation (provisions on common property).

In accordance with Art. 244 of the Civil Code of the Russian Federation, shared ownership means the ownership of several persons in relation to one property with the definition of the shares of each of them. It is important that it does not relate to the division of the property itself, but is a share in the right of common ownership of the land. This means that any of the owners of one land plot has the right to use it without dividing it into any parts, to the extent that it is necessary for him (if his part is not allocated - Article 11.5 of the Land Code of the Russian Federation), but he can only dispose of it his.

The determination of such shares is carried out in accordance with the rules specified in Art. 245 of the Civil Code of the Russian Federation, i.e. by agreement of the parties, or in its absence, they are recognized as equal between all co-owners. Exercising the powers specified in Art. 209 of the Civil Code of the Russian Federation, is also carried out by the co-owners of the site by mutual agreement, but there are restrictions on its disposal. In this case, it is necessary to obtain the consent of the remaining owners of the site, and when expropriating it for compensation, the rules on the pre-emptive right to purchase must be observed. This follows from Art. 246, 250 of the Civil Code of the Russian Federation.

Information

Thus, the current legislation of the Russian Federation separates the concepts of share and part of a land plot, however, in practice these concepts replace each other.

Donation agreement for a share of a residential building

A share in private living space may not always correspond to the actual area of the house occupied by the donor. Sometimes this person is a lonely elderly person, who may own half the house (50% of all residential premises in the cottage), but in reality he occupies one bed and lives with his close relatives.

citizens of Russia;
foreigners and stateless persons;
legal entities - the prohibition on donation for them exists only in the case when the donor is also a legal entity;
public legal entities - the law does not prohibit the alienation of a share in a private house free of charge to the municipality and even to the state (then the powers of the donee are represented by the Federal Property Management Agency);

We recommend reading: The Cadastral Chamber and the Rosreestr are one and the same

Donation agreement for a share in a land plot - sample from Rosreestr

In the case of a deed of gift between relatives, property income tax is not levied (Article 217.18.1 of the Tax Code of the Russian Federation). The agreement is drawn up in a standard written form, all information about the land plot (subject of donation) and the persons entering into the agreement is entered. The right of ownership passes from the donor to the donee after registration of the document in Rosreestr. If the donor is married, then the written approval of the husband/wife is required to draw up the agreement (Article 35 of the RF IC).

Payment of state duty is a mandatory procedure when registering a deed of gift. Each change in the registry is paid separately. For example, for changing information in the register of land plots without a gift, a fee is paid for individuals. 200 persons, for legal entities - 600 rubles. To confirm land ownership rights, they pay 350 rubles for individuals and enterprises

Prohibition on deed of gift

The transaction is canceled on the basis of a court decision. However, in some cases, the conclusion of a deed of gift is unacceptable:

on behalf of minors and incompetents;
on behalf of minors (from 14 to 18 years old) and persons with limited legal capacity without the consent of the guardianship and trusteeship authorities to the transaction;
receipt of land as a gift by employees of social services, educational and medical institutions from citizens studying, being treated and under the care of them. The ban also applies to spouses and relatives of such citizens.

You cannot accept real estate as a gift to state and municipal employees in connection with the performance of their official duties.

Another prohibition on concluding a deed of gift is the condition of receiving the gift after the death of the donor. In such a situation, the rules of inheritance law prevail.

Donation agreement for a share of a house and land

For contracts of donation of real estate, including its shares, the law establishes a complex written form. This is an innovation in Russian legislation. A complex written form, that is, a written agreement concluded with the participation of a notary, was introduced on August 3, 2021, simultaneously with the introduction of changes to the Fundamentals of Notarial Activities.

This means that all family members who jointly own a residential building can use all the premises of the house, regardless of the size of their share. Any restrictions on use are established only with the consent of all owners. If one of the owners sells his share, then the right to purchase is first given to the other shareholders. This does not apply to donations.

A step-by-step example of drawing up a donation agreement for a share of a house and a share of a land plot

Accordingly, if desired, you can draw up a deed of gift not only in relation to the house, but also part of it, in fact, as well as part of the land plot on which it is located. Let's consider the laws, distinctive features and a sample agreement for the donation of a share of a land plot and a share of a residential building. yes

transfer of property after the death of the donor;
the order of the transaction has been violated (for example, the transfer of property has not been registered);
the donor did not have the right to make such transactions (for example, to give on behalf of a minor or incapacitated citizen);
the transaction is imaginary, i.e. fictitious;
the transaction was not concluded voluntarily by the donor, under threat or coercion;
The donor's spouse does not agree to the transaction.

Cases of cancellation of a deed of gift for a land plot

Situations often arise when some persons want to cancel the gift agreement. This can only be done in court. According to the law, the donor can file a claim in court in the following cases:

the recipient of the gift has committed a criminal offense against the donor or his close relatives;
improper handling of a gift that has intangible value for the donor, threatening irretrievable loss.

Other persons may also request cancellation of the donation:

creditors of an individual entrepreneur in the event of his insolvency, if the deed of gift was issued within six months before the bankruptcy procedure;
representatives of the guardianship and trusteeship authority in the event of a violation of the rights of a minor or an incapacitated or partially capable person, if the rights were violated as a result of the execution of a transaction.

As a result of the cancellation, the land and all buildings located on it become the property of the previous owner. Re-registration is also noted in Rosreestr.

Sometimes the contract specifies the transfer of the site in the future. In this case, the donor may cancel the agreement on the above grounds. And also in a situation where his standard of living as a result of the donation will significantly deteriorate.

How to draw up an agreement to donate a share to children using maternity capital

Through a notary office, where you will need to conclude and approve the final point of transfer. It is worth preparing a certificate about the amount of housing in advance.
Draw up a contract yourself. By dividing all property in equal parts among all children. Submit the document to Rosreestor.

Fill out the deed of donation completely, without errors or omissions.
Indicate correctly the object of the donation and all its data.
Collect a complete package of documents.
Documentarily confirm that the parents are the owners of the property.
Provide maternity capital data.

Donating a plot of land to a relative through the MFC