Execution time: from 2 hours
Notarized copy: by prior arrangement
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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)

You can not only sell real estate in Ukraine, but also donate it. Any property can be donated: an apartment, a house, a land plot, a vehicle. In order for the fact to be officially certified, so that the title passes from one person to another, a donation agreement or notarial Deed of Gift for an apartment shall be executed. Below we will tell you how to correctly draw up documents if you want to donate the housing to a relative and another person.


What is a Deed of Gift for an apartment?

According to the Civil Code of Ukraine, a Deed of Gift means the transfer of title from one person to another without compensation. The procedure is not a purchase and sale transaction, the apartment is provided free of charge. A donee receives all property rights, becomes the sole owner, unless otherwise specified in the agreement.

In this situation, a donor does not expect anything from the second person in return. It is impossible under a Deed of Gift to oblige a person to perform any actions in your favour. Donation does not imply property or non-property obligations on the part of a donee.

In conformity with the law, only property that belongs to a citizen can be donated. You can’t donate real estate that you have rented. Donation of property is to be accompanied by an agreement. A Deed of Gift for an apartment in Kyiv shall only be drawn up by a notary.

Statistically, donating an apartment and other property is a common procedure that Ukrainians use. For official registration, the citizens apply to both public and private notary offices.


How to execute a Deed of Gift for an apartment in Kyiv?

First, let’s see what’s the difference between donation and the purchase and sale of an apartment:

  • Property is donated for free. If the real estate is purchased and sold, a buyer acquires an object at a set price, so this scheme is impossible in the case of donation.
  • A donor can annul an agreement. The law permits such a procedure if a donee has deceived, blackmailed, committed a crime against a donor or his/her relatives. In the case of a sale and purchase agreement, there are fewer grounds for cancelling a transaction.
  • A donor may apply to the court to terminate an agreement within 1 year. If the property has been sold, this period is extended to 3 years.
  • If an apartment has been donated to one of the spouses during the marriage, such property is not considered common in the event of a divorce. If an apartment has been purchased, the housing will be considered joint property of the spouses.
  • A person can donate his/her apartment lot without notifying other owners. However, it is impossible to sell property without written notice.
  • You cannot donate an apartment belonging to a minor, but you can sell it.

Execution of a Deed of Gift for an apartment in Kyiv happens at the notary’s office. An office is selected at the place of registration of a donor or a donee; it is also acceptable to choose a notary public at the location of the property. This means that it is impossible to draw up an agreement in another city if the apartment is not located there or one of the parties is not registered there.


 

If an agreement is executed in favor of relatives of the first degree of kinship, the gift is not subject to taxation. For other persons, it is necessary to pay the tax, which is important to remember when making a transaction.

During the transaction execution, the notary checks the transparency of the documents for an apartment, the conformity of IDs and other papers. Prerequisite for the procedure is presence of two parties to an agreement at the notary’s office.


Deed of Gift for an apartment (Kyiv) completely transfers ownership from one person to another. After certifying an agreement, a notary shall enter a new owner into the State Register of Proprietary Rights to Immovable Property. After leaving an office with a signed document, a donee becomes the lawful owner. You do not have to additionally register your ownership.

Question-answer::

How can I draw up an Apartment Donation Agreement?

The Apartment Donation Agreement is drawn up before a notary. The property must be owned by the donor. You can apply both to a notary at the place of registration of one of the parties, and at the real estate location. You must have a passport, TIN and the apartment ownership documents with you.

What documents are required for drawing up the Apartment Donation Agreement?

For drawing up the Apartment Donation Agreement, the following documents should be submitted: passport, TIN, the real estate ownership documents. You will also need the consent of the spouse and documents confirming the relationship of the donor and the donee.

How long is the Apartment donation agreement valid?

From the moment of the conclusion, the donation agreement is considered open-term. The agreement has an unlimited validity. The agreement can only be terminated in court.

How long does it take to execute the Apartment Donation Agreement?

The timing of the Donation Agreement depends on the specific situation. It often takes about 1.5-2 hours. You must have all the documents required for the Apartment Donation Agreement, including proof of relationship.

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