Power of attorney to manage an apartment - types and validity period, procedure for drawing up the document, powers of the authorized representative

What is a power of attorney for an apartment with the right to dispose?

A power of attorney for the right to use an apartment is issued by the principal (owner) to the attorney. In the future, he can use the property at his own discretion, but taking into account the opinion of the owner and the provisions of the power of attorney: it will indicate which actions can be taken and which cannot.

To issue a power of attorney without the right of alienation, several conditions are important:

Age of majority of the principal and attorney, legal capacity. If one of the parties is between 14 and 18 years old, the document is drawn up with parental consent. Representatives may act independently on behalf of minor children under 14 years of age.
The right of ownership of real estate, for the disposal of which a power of attorney is issued.

Important! According to Art. 185.1 of the Civil Code of the Russian Federation, any power of attorney for an apartment without the right to sell is subject to notarization. Instead of a notary, the unit commander can certify the document if it is drawn up by a serviceman; the head of the place of deprivation of liberty - for a person convicted of a crime; the head of a military treatment institution - for a serviceman undergoing treatment; the head of the social protection body - for an adult capable person who is supported there.

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Where to start writing?

If the document is drawn up independently, then its name should be entered at the top of the sheet: “Power of attorney for an apartment without the right to sell.” In the line below, in the middle of the sheet, indicate your locality. And on the next line - write the date. These details are required. After them comes the “body” of the document, consisting of several parts.

Introductory part

Begins with “I am (last name, first name, patronymic) born (date and year of birth) passport (passport details) living at the address (place of residence or registration).” Next comes the wording “I authorize with this power of attorney,” indicating information about the attorney, identical to the information about the principal indicated in the genitive case.”

basic information

It begins without punctuation with the wording “to be my representative for the trust management of the apartment,” indicating:

addresses of its location;
technical and cadastral characteristics;
indications of the type of property.

Further, also without punctuation, after the preposition “in” an exhaustive list of organizations, institutions and authorities is given where the representative can freely carry out trust management, acting within the limits of the powers delegated to him.

The following lists all the actions that are transferred to the representative. After listing them, it is advisable to add the wording “except for the sale of an apartment.” If the sale is permissible, it is necessary to indicate the permission or prohibition to receive money and the conditions for their transfer.

ATTENTION: If the power of attorney does not directly indicate a sale with the right to receive money, the representative does not have the right to receive payment for the transaction and issue a receipt for their receipt.

Final provisions

The necessary nuances are introduced into them at the discretion of the principal. And also be sure to:

validity;
admissibility of reassignment.

The permission to reassign depends on the decision made by the principal. In case of disagreement with the substitution of an attorney, he indicates: “without the right of substitution.”

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Types of powers of attorney

The principal can issue any power of attorney depending on what he needs:

One-time. Allows you to perform only one action. Immediately after this it is canceled.
General. Gives the attorney complete freedom of action to dispose of the property; it is enough to indicate in it “without the right of alienation.”
Special. It is drawn up when you need to make a list of similar actions. Valid until obligations are fulfilled or expiration.

Legal advice: if you need another person to “look after” the apartment legally, it is better to immediately issue a general power of attorney, making a note on it that it has no right of alienation (sale, exchange, gift).

Elena Plokhuta

Lawyer, website author (Civil law, 7 years of experience)

Duration of the power of attorney

If the power of attorney does not indicate a validity period, it is valid for one year from the date of signing (Article 186 of the Civil Code of the Russian Federation). The principal has the right to determine the term independently, as well as cancel it at any time.

Agreement for the sale and purchase of an apartment with the right of residence

Additional agreement to the purchase and sale agreement

Powers of a Trustee

Who can be given a power of attorney to use an apartment?

The powers of the trustee are all actions the implementation of which was authorized by the trustee to his representative regarding a specific apartment.

Previously, the basic powers that a trustee has when drawing up papers for him to manage or dispose of an apartment were indicated.

It is worth understanding that, depending on the purposes of the drafting, the full list of powers of the trustee is determined.

In the process of drawing up this document, the potential principal must determine everything that he wants to allow his representative to do on his property.

When is a power of attorney issued without the right of alienation?

A power of attorney for real estate management may be needed in several cases:

If you need to resolve issues about an apartment with municipal or state authorities.
To resolve issues with housing and communal services authorities.
To participate in homeowner meetings where signatures are required.
For carrying out engineering communications, concluding contracts with service organizations.
To carry out repairs in a house or apartment, if a contractor is hired under a contract. He will not enter into an agreement with a stranger without a power of attorney.

Note: the list of actions with real estate can be anything, the main thing is to reflect it in the power of attorney with the most precise wording. It is important that they cannot be interpreted in two ways.

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How to issue a power of attorney for the right to dispose of an apartment?

The procedure for registering a power of attorney without the right of alienation consists of several stages:

Choosing an attorney. It is important that this is a reliable person. Otherwise, the owner may have problems due to his actions.
Visit to a notary. It's better to come by appointment. The presence of an attorney is not necessary: his passport data is sufficient.
Signing a power of attorney and paying fees and notary services.

Finally, the notary will check and issue a certified power of attorney. It can be transferred to the attorney in any way: personally, by registered mail with a list of attachments and notification of delivery, through another person.

Contents and sample of the power of attorney

The power of attorney states:

Full name, passport details, registration addresses, dates of birth of the principal and attorney.
Apartment address.
List of permissible actions of an attorney: renting out housing, obtaining documents from government agencies, etc.
The wording “without the right of alienation”. It is not worth writing “without the right to sell”; this can be interpreted in two ways: in addition to sale, alienation of real estate is possible under an agreement of gift, exchange or rent.
Is transference possible?
Validity.
Date of signing of the power of attorney.
Signature of the principal.
Signature and seal of a notary.

Consultation on document preparation

Documentation

The principal needs to provide the notary with a passport and an extract from the Unified State Register of Real Estate to confirm ownership. You will also need the attorney's passport details.

Expenses

According to paragraphs. 15 clause 1 art. 333.24 of the Tax Code of the Russian Federation, the amount of the state fee for a notary depends on the person for whom the power of attorney is issued. If for an adult son or daughter, spouse, parent, sibling, 100 rubles are charged. For a person who is not a close relative – 500 rubles.

How to cancel a power of attorney for the right to use an apartment?

Cancellation of a power of attorney is carried out in the same form as registration. The review must be certified by a notary. The principal can contact any notary office, and not just the one in which it was registered. The notary will still check the document through the register of powers of attorney and then certify the revocation. The attorney must be notified of this in advance.

Also, a power of attorney without the right to sell an apartment is canceled for other reasons:

Expiration date.
Death of the principal or attorney.
Refusal of the attorney's obligations under the power of attorney.
Compliance with the terms of the power of attorney.

Important! Cancellation is also possible if the attorney is declared bankrupt, if this deprives him of the right to represent the interests of other persons.

Registration procedure

How to issue a power of attorney?

Having examined in detail all the nuances of completing the described papers for apartment management, it would also be useful to familiarize yourself with the procedure for carrying out this legal procedure.

In accordance with the legislation of the Russian Federation, a trust document must be drawn up in a certain written form and notarized.

Ignoring these legislative aspects will make the power of attorney invalid, even if an unscrupulous notary certifies it.

So, before drawing up this document, you need to collect the following list of documents:

a document that identifies the owner of the apartment (principal);
a document that certifies the identity of the authorized person;
title papers for the entrusted apartment.

In rare cases, the notary may require you to provide a number of additional documents. The general registration procedure is as follows:

The potential principal and the chosen person visit the notary.
At the notary's office, the potential principal draws up documents according to the form provided. In the text of the document, it is important to indicate all the conditions under which the trustee must dispose of the apartment, and for what period.
After drawing up the paper, the notary will check it for accuracy. If the necessary papers are correctly drawn up and available, he will officially approve its action by certifying the document. If there are any problems that prevent the notary from certifying the papers, he will notify the potential principal and trustee of the presence of such problems and ask them to correct them.

As you can see, issuing a power of attorney to manage an apartment and complying with all legal regulations is not so difficult. The main thing in this procedure is to adhere to all points of the material presented above and the provisions of the current legislation of the Russian Federation.

You can find out what issues related to issuing a power of attorney should not be overlooked by watching the video:

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Discussion: 2 comments

Ivan says:
01/19/2019 at 13:41
It is not entirely clear what responsibility the trustee bears to the principal for the condition of the apartment that he manages. How is the damage caused by him assessed if there is no detailed information about the condition of the apartment before the power of attorney comes into force?
Answer
Mikhail says:
12/12/2020 at 00:44
Almost none. The fact is that it is very difficult to prove damage unless the condition of the apartment has been previously documented. But I've never heard of them doing that.
Answer
Read also: Regulations on the board of homeowners associations

A lawyer’s answers to frequently asked questions about a power of attorney for an apartment without the right to sell

When can a power of attorney be invalidated?

Cancellation of a power of attorney and invalidity are different concepts. It can be declared invalid through the court if actions have already been taken on it by a minor attorney. Invalidity occurs if it is signed by an incapacitated principal, a child 14-18 years old, without parental consent, or under the influence of threats.

In practice, this is extremely rare.

I want to register my spouse in an apartment for which a power of attorney has been issued for management. Is the owner's consent required?

It all depends on the content of the power of attorney. If there is a clause about registering other people, registration is possible.

I have ½ share in the ownership. Can I issue a power of attorney for a friend so that she pays utility bills and generally looks after the apartment? Do I need the consent of the second owner?

Yes, with shared ownership, it is possible to issue a power of attorney without the right to sell. The consent of the owner of the other share is not required.

The bailiffs imposed a ban on registration actions. I'm in another city. Can I issue a power of attorney for a relative so that he can resolve issues with the FSSP?

Yes. It must be pointed out that the power of attorney gives the right to represent interests in the FSSP and the courts, as well as the right to dispose of real estate without selling.

I have been renting out apartments to people for a long time. There are problems with the HOA due to receipts. Do I have to issue a power of attorney so that the tenant can handle all issues? Or will she be accepted on the basis of a rental agreement?

Responsibility to housing and communal services enterprises lies with those for whom contracts are drawn up with them. Most often this is the owner. They will not accept people into the HOA on the basis of a rental agreement; a power of attorney is required.