Execution time: 1.5 – 3 hours
Consultation while executing: free of charge
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, Besides, the documents are required for the land plot where the house is located (documents confirming the title to the land, extract from the national land cadastre. If the land is not privatized, only an extract from the national land cadastre is provided)
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. It should be noted that the cadastral number of a land plot on which the house is located is an essential condition for the Deed of Gift of a house. 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) If the land on which the land plot is located is privatized, 2 contracts are executed simultaneously: Deed of Gift of a house and Deed of Gift of a land plot.
You want to present a house you own to your children, grandchildren or other lucky person, but you have no idea what to do under such circumstances? Let’s have a little insight into the procedure.
Firstly, we must state that donation, or deed, as it is commonly called, is drawn up in the form of a notarized deed of gift. The main discrepancy between a deed of gift and other agreements is its GRATUITOUS nature. When a deed of gift is concluded, your ownership right is ceased, and it arises for a donee; in turn, a donee is not obliged to any actions in your favour.
Whereas a deed of gift is a gratuitous agreement, you may not oblige a donee to fulfil any actions in your favour, material or non-material.
When formalizing a deed of gift of a house, one should not forget about a land plot where a house is located. Our legislation stipulates no instances when a land plot is owned by one person and a house located in it by the other person.
In case a land plot is privatized and belongs to a house owner, the title to the house must be re-registered simultaneously with a title to a land plot. I.e. apart from a deed of gift of a house, you need to formalize a deed of gift of a land plot.
A land plot may be assigned to a house owner for temporary use from communal ownership. In such case a deed of gift of a house includes the description of this land plot, its cadastral number; there is no need to formalize a separate deed of gift of a land plot.
Nowadays, when notarizing a deed of gift of a house, a notary simultaneously registers an ownership right of a new owner in the State Register of Proprietary Rights. I.e. a donee leaves a notarial office as a rightful owner of a house, and there is no need for you to register your ownership right at any other authorities.
In the process of notarization of a deed of gift, a notary carefully examines all documents submitted for conclusion of a deed, availability of any freeze or prohibition of alienation of the respective house, verifies a power of attorney (if an agreement is concluded by a representative).
It should be mentioned that for notarization of a deed of gift where the parties are the immediate family members (according to the legislation, those are parents, spouse, children, including adopted children) an income received as a gift is subject to zero rate taxation. If a deed of gift is in favour of other persons, a tax amount constitutes 5%.
Please note that both a Doner and a Donee must apply to a notary to conclude a deed of gift. Their attendance in person at the moment of deed is a prerequisite to its notarization.
