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: Extract from the national land cadastre , Certificate of the absence of buildings on the land plot, Land plot title documents, Report of normative monetary evaluation of the land plot
Please note: Deed of Gift of a land plot 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 land plot 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 Ukraine currently has a moratorium on the alienation of agricultural land. 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 there is a house on a land plot which is alienated, 2 contracts are executed simultaneously: Deed of Gift of a house and Deed of Gift of a land plot.
You want to present a land plot you own to your children, grandchildren or other lucky person, but you have no idea what to do? Let’s examine this issue.
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 priori a gratuitous agreement, you may not oblige a donee to fulfil any actions in your favour, material or non-material.
Nowadays, when notarizing a deed of gift of a land plot, 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 land plot, 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 spouses, parents, 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 draw up and conclude a deed of gift. Their attendance in person at the moment of deed is a prerequisite to its notarization.
