You will need
- - passport;
- - cadastral extract;
- - extract from the house register and a personal account;
- - notarized authorization from all owners;
- - the donation contract;
- - the statement in FPRZ;
- receipt of payment for registration.
If you want to give all privatized apartment, get a notarized permission from all owners. In the certificate of ownership provided all persons participating in privatization. On the basis of this housing is in the General share property (article 244 of the civil code). If you privatized the apartment alone, the consent to donation is not required.
Get the extract from the cadastral documents in the BTI. Contact the housing Department and get a statement from the house register and a personal account.
The contract of donation you can make in simple written or notarial form.
Contact PPRC. Complete the application form, present your passport, passport of the donee, the certificate of ownership, deed of gift, the receipt of payment for registration, notarized authorization of all owners. After one month of ownership rights registered by the receiver.
If you plan to donate just share the apartment, it is necessary to register a separate title to his share on the basis of voluntary notarial consent of all the owners or by court order. The apartment can be divided as to the share in kind and shares in percentage. The percentage cannot be formalized in a separate property, but that does not prevent to send it in a gift.
Next, the procedure of donation is the same. The only difference is that you have ownership share is not required to take permission from other owners. If the shares are divided into a percentage, then you can give their share, but to issue her a separate right of ownership and to sell is impossible. You can only get it for the cost of voluntary or compulsory. So right on the donated share in a percentage significantly limited.
Advice 2: The contract of donation: how to register
After hearing the news that the gift you presented apartment, don't consider yourself its owner. So the gift took effect, it is necessary to conclude the contractthat shall be signed by both parties of the transaction of gift and register it in form.
You will need
- – Technical passport of the BTI;
- – the donation contract in 3 copies;
- – documents of title to the apartment;
- – passports of Contracting parties;
- – receipt of payment of state duty for registration.
Write a contract of donation. Can make it yourself and can seek help from a lawyer. Specify in the contracte both parties, i.e. the donor and the donee. Enter passport information and residential address of parties. Pay special attention to the fact that the document does not have discrepancies with the data specified in the documents for the apartment. Specify the size of the apartment, number of rooms, number of floors in the house and the floor on which the apartment is located. Do not forget to specify the address, the inventory number of the subject contractand title documents, evidence of actual possession of the property by the donor.
If you have no enough time to do design, and you have decided to entrust this process to someone else, then make a notary a power of attorney. Be sure to enter the receiver and the subject of donation. In the absence of these data the power of attorney will not be valid.
If we give the property is in joint ownership, then co-owner you will need consent to donation in writing. Make such a notary. Please note that donation, unlike a will, provides that real property of recipients will receive up to the death of the donor. Gift is a gratuitous transaction.
After drawing up and signing the contractand register it with the state registration of rights to real estate and transactions with it. State registration is required for the contractand donation, without it drafted the contract, even with the signatures, plain paper.
To the contract of donation, the previous state registration and certificate of ownership, the receiver will be able not later than one month after submission to the Registrar all the necessary documents. Only now he became a real owner of your gift.
In that case, if the acquisition by the donor of the apartment we had for the period to 31 January 1998, you need the right to own property to register. Do this when you register the contract of donation. The donee must pay the tax on the property, the rate is 13%. However, if both parties are in close relationship, the donee is exempt from tax.