Power of attorney for registration of ownership of an apartment

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Situations when the legal owner of real estate must register ownership, but for some reason is not able to do this on his own, occur quite often. The best solution in this case would be to issue a power of attorney for the execution of documents and transfer of powers to a trusted person.

Where can I do it?

The power of attorney must be drawn up and certified by a notary according to the established template. However, the legislation of the Russian Federation provides for a number of cases when papers signed by other persons may become an alternative:

• chief physician, if the owner of the apartment is in a medical institution and needs long-term treatment;
• the head of the prison if the owner is in custody;
• the head of a unit or the head of a military educational institution, if the principal is in military service;
• the captain of the ship if the owner of the property is on a long voyage;
• the head of the social security agency, if the owner lives in a state institution.

Important! If the homeowner leaves his attorney the right to delegate the powers delegated to him to third parties, this must also be recorded in the text of the power of attorney.

Termination of power of attorney

Any document has an expiration date. The power of attorney expires at the end of the period specified in the text, or one year after issuance, if the validity period has not been established.

The powers of a representative are terminated early under the following circumstances:

• cancellation (revocation) of delegation;
• death of the principal or trustee;
• recognition of the incapacity of one of the parties to the agreement.

In case of early cancellation at the initiative of the owner, the representative is obliged to return the original document.

Kinds

According to the provisions of Article 185 of the Civil Code of the Russian Federation, the type of power of attorney determines its content. The following types of trust documents are distinguished:

1. General. After signing it, the trustee acquires the right to dispose of the property and conduct any transactions with it.
2. One-time. The principal transfers to a third party the authority to perform a strictly defined action, for example, collecting the papers required for the transaction. After its completion, the powers of the trustee are terminated in full.
3. Special. Provides for the transfer of rights to perform a certain list of actions.

The principal has the right to revoke the power of attorney at any time if he wishes. All actions performed by his representative will then be considered unlawful.

Which documents need to be submitted for approval?

Important! In order to transfer the right to execute documents, it is necessary to draw up a one-time power of attorney.

It must be in writing and notarized. It is possible to issue an electronic version of a document with subsequent certification by an electronic digital signature in the presence of a notary.

The power of attorney must contain:

1. Name.
2. An indication of where it was issued.
3. Date of registration.
4. Personal data of the principal and the authorized representative.
5. Rights assigned to the representative.
6. Signature of the property owner.
7. Validity period of the document.
8. An indication of the right to delegate powers to third parties or a prohibition on this action.

To register ownership

To register property rights in Rosreestr, you will need a general or special power of attorney.

The document must contain:

1. Title of the document.
2. Information about the locality where it was issued.
3. Date of compilation (in words; writing the date in numbers is not allowed).
4. Personal data of the principal and the authorized representative.
5. A detailed list of the rights that are vested in the trustee, a list of actions to which the permission does not apply, as well as whether the trustee is vested with the right of subrogation or not.
6. Notarized signature of the principal.
7. Registration details of the notary who issued the document.

The concept of a power of attorney

Any housing transaction involves the transfer of ownership rights. To recognize the transaction as valid, it is necessary to register the right of the new owner. If the owner cannot be present at the conclusion of the contract, a paper is drawn up to represent his interests in Rosreestr.

A power of attorney is a special document giving the right to one person to act on behalf of another person (Civil Code of the Russian Federation, Article 185). A power of attorney for registering ownership of an apartment is drawn up according to certain rules.

Power of attorney form

The legislation provides for two versions of the document: simple written and notarized.
A regular power of attorney can be computer-printed or handwritten. In most cases, a simple written document is used. Based on the number of powers transferred by the owner, the following types of powers of attorney are distinguished:

1. One-time (performing one action).
2. Special (performing the same type of actions).
3. General (transfer of all rights to dispose of property).

To carry out real estate transactions, it is necessary to present a notarized document (Article 185.1 of the Civil Code of the Russian Federation). In this case, it does not matter what is the basis for applying to Rosreestr - a gift agreement, purchase and sale agreement, privatization agreement or an inheritance certificate.

Certification (certification) of power of attorney

A document to represent the interests of the principal is drawn up at any notary office. In addition, the legislation provides for the possibility of signing a power of attorney by some officials (clause 2 of Article 185.1 of the Civil Code of the Russian Federation).

The following have the right to certify a document:

• chief physician of a military medical institution (for example, hospital);
• commander of a military unit (at the request of a serviceman or his family members);
• head of the correctional colony (at the request of the person serving the sentence);
• head of a social service organization (at the request of a capable citizen who permanently resides in the organization).

The list of officials who have the right to sign a power of attorney is closed.

Duration of power of attorney

The law does not limit the duration of a power of attorney. Practice shows that most often the owner transfers powers to another person for a period of three to five years. The countdown starts from the date of issue. If a specific period is not indicated in the text of the document, it is considered valid for one year (Civil Code of the Russian Federation, Art. 186).

Required details

A power of attorney for registration of ownership of an apartment must contain the necessary information. If the required details are missing, the document will be considered invalid.

The power of attorney specifies:

• date of issue;
• personal data of the owner and authorized representative (last name, first name, patronymic, passport details, residential address);
• powers of the representative;
• validity.

The principal personally certifies the document with his signature. The law clarifies that a power of attorney that does not reflect the date of issue does not give third parties the right to act in the interests of the owner (Article 186 of the Civil Code of the Russian Federation).

A power of attorney for registration of ownership of an apartment (sample) is available.

List of powers for registration of property rights. Retrust

Any power of attorney must contain a list of specific actions that the representative has the right to perform. If the goal is to register the right of a homeowner in Rosreestr, be sure to clearly describe all stages of registration (step-by-step instructions from the authorized representative).

The list of necessary actions includes:

• requesting certificates and extracts;
• submitting an application to Rosreestr;
• payment of duty;
• the right to sign on behalf of the property owner.

A power of attorney drawn up with the help of a notary is necessary not only for registering a right, but also for registering an object in the cadastral register (Federal Law No. 218-FZ of July 13, 2015, Article 15).

A share participation agreement also requires mandatory registration. After purchasing an apartment in a new building, the buyer transfers registration authority to the developer. The power of attorney for the DDU should not include the right to sign on behalf of the owner.

The legislation provides for the transfer of powers to third parties (Article 187 of the Civil Code of the Russian Federation). A reassignment is issued if the representative is unable to fulfill the assignment. Rights are transferred by drawing up a new document. At the end of the procedure, the original representative notifies the owner of the replacement.

Cost of notary services

The price of notarial acts consists of the state fee and the cost of technical work. The amount of the state duty is regulated by the Tax Code (Article 333.24) and is 200 rubles. The cost of technical services depends on the region and the specific notary office (1,200 rubles and above).

Sample power of attorney

The legislation establishes a number of requirements for the sample document for apartment registration:

• executed in the presence of the property owner;
• Abbreviations when writing personal data are not allowed (for example, initials instead of full name and patronymic);
• a list of acceptable actions of the representative is displayed;
• the date and place of compilation are indicated.

Authorization is issued on a form containing a registration number.

General information

Any power of attorney agreement for registration of real estate must be notarized. Otherwise, the paper will not have legal force. Information regarding this issue is indicated in Articles 185-189 of the Civil Code of the Russian Federation. The right to carry out actions can be transferred to any citizen of the Russian Federation who has reached the age of majority. Most often these are relatives and close friends. If the transaction is related to real estate, some of the tasks are assigned to specialized specialists. Regardless of this, the power of attorney scheme for real estate registration remains unchanged.

There is no need to indicate the reasons why a person personally does not want or cannot resolve this issue. We are talking about any real estate - an apartment, a house, a plot of land. Each type must be registered and issued. When drawing up a deed of power of attorney for registration of real estate, you should indicate what kind of object you are talking about.

You are allowed to fill out the document by hand on a piece of paper or in printed form. Citizens often turn to a notary for help, who has letterhead for every case. If you entrust the complete preparation of the document to a specialist, the cost will differ significantly. For this reason, people try to draw up a power of attorney document for real estate registration on their own. The main thing is to know the structure of the contract and the rules of admission.

There are three types:

• one-time – allows you to perform one action in a short time;
• special – gives the holder specified powers for a certain time;
• general – complete transfer of rights.

A standard power of attorney for real estate registration is most often executed in a special format. Until 2021, the maximum document validity period should not exceed three years; now this restriction has been lifted. If the agreement is drawn up by a legal entity, then the seal of the organization and the signature of the responsible employee authorized to carry out such operations must be affixed.

How to compose correctly

Before moving on to drafting, it is worth studying an example of a power of attorney for registration of real estate. Follow the instructions and enter the required information. Any structural or spelling error is unacceptable and you will have to do it all over again. The contract must contain:

• name of the document (for legal entities the number must be indicated);
• place of occurrence;
• date of commission;
• personal data of the principal (full name, date of birth, gender, passport series, number, registration address, etc.);
• information about the authorized representative, similar to the previous paragraph;
• name of registration district;
• object for decoration;
• property address;
• list of rights and delegated powers;
• validity period of the document;
• signature.

This is what the power of attorney form for registration of real estate looks like. After writing, you must have the paper notarized. It is not necessary to indicate the expiration date; in this case, the form will be considered valid for a year. You can revoke a power of attorney at any time; to do this, you will need to notify third parties that the document no longer has legal force.