Registration of the apartment donation agreement

Execution time: from 2 hours

Documents for an individual: Passports and TINs of the parties, Consent of a property owner’s spouse, in case the owner was married when purchasing the property, as well as passport, TIN, marriage certificate or a notarized permit application, executed before

Documents for a legal entity representative: Legal entity documents (articles of association, extract), Director’s (company authorized representative’s) passport and TIN and documents confirming the director’s authority (order of the director’s appointment, minutes of election of the director), notarized power of attorney, if the authorized person is acting., Seal, Legal entity’s decision to conclude a tenancy agreement (minutes of general meeting)

Required real estate documents: Real estate title documents , Technical certificate for real estate , Real estate expert assessment report, Certificate of registered persons, if the property is not in the city of Kyiv (if the property is in the city of Kyiv, before consultation it is necessary to check whether your apartment is included in the register of registered persons. If not, then you should additionally contact the Administrative Services Centre for entering the data), If minors are registered in the apartment, then it is necessary to obtain permission from the guardianship authorities to conclude an agreement, If the title of ownership arose before 2013, you should obtain from the Technical Inventory Bureau a fact sheet stating that as of 01.01.2013 the property belonged to the seller

Please note:

Deed of Gift of an apartment is certified by a notary at the location of the property or at the place of registration of one of the parties.

That is, a notary of the city of Kyiv can certify the agreement if the property is located within the city of Kyiv or one of the parties to the agreement is registered in the city of Kyiv.

If the donor and the donee are relatives of the first or second degree of kinship (parents, husband / wife, children, including adopted children, siblings, grandparents, grandchildren), for exemption from taxes, it is necessary to provide documents confirming kinship (birth certificate, marriage certificate)

What is Deed of Gift for an apartment?

According to the law, you can give even big property, including square meters. Statistically, Ukrainians mostly draw up Deed of Gift for an apartment. This action provides for the complete transfer of property rights from one person to another.

According to Ukrainian law, if you give away your apartment a Deed of Gift is drawn up. According to the document, residential square meters are transferred to another person on a pro-bono basis. The donor is not entitled to demand anything in return. This is one of the main differences between donating property and the sale and purchase procedure.

Under a gift agreement, you can also transfer only a part of an apartment. If the total living space has been acquired during the marriage, the consent of the second spouse to perform a notarial procedure is necessary for drawing up and signing an agreement.

What documents are necessary for Deed of Gift for an apartment execution?

For the purity of the procedure and validation of an agreement, the document is drawn up by a notary. The notary checks the availability and compliance of all documents with established standards. Upon signing, the authenticity of signatures is also established on the submitted papers.

At the notary’s office, you can also draw up a power of attorney. The document shall indicate the validity of the power of attorney in order to avoid ambiguous interpretation. A notary in Kyiv will provide legal services in accordance with the law. This will allow you to dispose of the property in the interests of the principal.

Deed of Gift for an apartment in Ukraine is executed against presentation of the above documents.

After the deed of gift, the notary public enters the new owner into the State Register of Proprietary Rights to Immovable Property. It is not necessary to register the title for the donee.

The choice of a notary depends on the place of registration of one of the parties to an agreement or the location of an apartment. For example, if an apartment is in Kyiv, and one of the parties lives in Irpin, and the other in Brovary, you have to turn to any notary from one of the 3 cities.

Deed of Gift for an apartment: peculiarities

One of the main issues that arise during the Deed of Gift execution is the degree of kinship. The 1st and 2nd degree relatives are exempt from the donor’s tax. These include children, parents, siblings, and grandparents. If you make gifts to other people with whom you have no blood ties, a tax will be relevant. Its amount is paid by the donee.

We should keep in mind that there are additional duties and taxes if one of the parties to an agreement is a non-resident of Ukraine.

Deed of Gift for an apartment: additional conditions

One can transfer an apartment as an outright gift with a certain condition. We remind you that the procedure implies donation, in which the donee does not pay money to the donor in exchange for square meters.

The document may indicate that the registered relative will live in the apartment. In this case, you cannot evict or remove a person from the registry. The deed may also come into effect from a certain date or time. For example, parents can transfer property to their child after his/her marriage. You can also specify a certain date: in 2 years.

In this case, it must be borne in mind that the deed will be cancelled in the event of one of the parties’ death before the document is brought into force. It is worth weighing the pros and cons of making such conditions.

Is it possible to dispute the deed?

The law provides for opportunities at which, after registration of the Deed of Gift for an apartment, the contract can be disputed. The donor may terminate the gift in court if:

An agreement was signed under threat or duress;
A donee has committed a crime towards a donor or his/her relatives;
The fact of gift turned out to be a deal; money for an apartment was received;
The donor was tricked;
The first homeowner was admitted to having a mental illness, which made him/her incapable during signing the document.

You can sue within a year after the parties have signed the agreement. You can also terminate the deed by mutual agreement of the two parties.

It is worth remembering that the notary checks the availability and statutory compliance of all papers, as well as the authenticity of signatures during the gift of property execution. For all the rest, only the signatory parties are responsible.

Question-answer::

What documents are required to execute the Deed of Gift?

To execute the Deed of Gift, you should prepare: passport, TIN, documents confirming the parties’ relationship, real estate ownership documents. If the property has been purchased during marriage, the spouse’s consent for donation is also provided.

How can I execute the Deed of Gift for an apartment?

According to the law, the Deed of Gift shall be drawn up by a notary. The document must be notarized. When it is being executed, the presence of both the donor and the donee is required. A notary is selected according to the place of registration of one of the parties to the agreement or the location of the property.

Where can I execute the Deed of Gift for an apartment?

The Deed of Gift is executed before a notary at the place of registration of the donor or the donee. You can also turn to a notary at the location of the apartment.

Deed of gift of an apartment