How to issue a power of attorney for the privatization of an apartment: sample 2021

In what cases is a power of attorney needed?

Privatization of municipal housing involves the participation of interested parties who are indicated in the social tenancy agreement and have rights to registration. Usually there are several such citizens: the employer and his family members. The apartment is transferred into ownership on the basis of shared ownership. The privatization agreement is signed by all parties to the transaction (see “Who has the right to privatize an apartment”).

But what if they don't have time for this or are unable to sign due to physical illness?

That's why it exists

power of attorney - a document issued by the principal in the name of the attorney for the purpose of fulfilling legal obligations

(

clause 1 art. 185 Civil Code of the Russian Federation

). One of the responsibilities is considered to be the privatization of an apartment in the interests of the principal. However, permits can be different: to drive a vehicle, to sign, to receive goods, to register with the traffic police, etc.

When can you issue a power of attorney for the privatization of housing:

If there is a lack of time (for example, due to being busy at work);
Being treated in a hospital (in case of illness);
Stay in another city or abroad (work, study, vacation);
Minor age.

Situations may be different, but the main ones are presented above. A separate power of attorney must be drawn up for each reason.

Example: A woman who is in the last months of pregnancy is participating in privatization. If a woman in labor cannot personally collect documents and sign an agreement with the administration, she can write a power of attorney to a notary, lawyer, spouse or third parties. The reason is staying in the maternity hospital. If a man who is away due to rotational work participates in this privatization, he must draw up his permission - choose a representative and entrust him with conducting the privatization in his favor.

Is it possible to privatize an apartment using a general power of attorney?

Privatization requires applicants to perform several legal operations: collecting documents, drawing up applications, contacting the BTI, administration, Rosreestr, ordering a technical plan and many others. If you can submit a request yourself, but do not want to collect information, it is better to issue a special power of attorney. However, if you need to privatize an apartment, as they say, “from” and “to”, you can draw up a general document.

The main difference between a general power of attorney and a one-time and special power of attorney is the legal powers of the attorney. The representative has the right to perform any actions, sign, and request documents. The duties of the trustee are specified in the general power of attorney. Lawyers advise not to limit yourself to a general formulation like “take action to privatize an apartment”, but to indicate specific responsibilities.

For example, the attorney undertakes.

notify other privatization participants;
prepare applications/notarial waivers;
collect documents for an apartment, housing;
submit an application to the administration;
sign the real estate transfer agreement, etc.

This makes it much easier to control the actions of the attorney, and in case of excess of authority, to immediately stop his activities.

But at the same time, a general power of attorney allows you to privatize an apartment without the participation of the main applicant. For example, someone who is abroad, undergoing treatment, or on vacation.

Is it possible to privatize using a trust document?

Like many other legal procedures, privatization can be carried out by proxy. From the point of view of the law, this is an ordinary transaction that requires state registration.

For registration, you will definitely need to contact a notary. You cannot write a document yourself and not have it certified.

Disadvantages of a general power of attorney

The main problem of working through a general power of attorney is the increased risks. If there is no specific formulation of what the representative should do and in what order, then there is always a small probability that the person will use the acquired rights not in the interests of the principal, but to solve his own problems.

Risk . An unreliable representative, when a general power of attorney is issued to him without clearly indicating specific actions (and this is what is usually done), may try not only to privatize the property, but also to re-register it in his name. This problem will not occur when working with experienced specialists.
Price . A general power of attorney is more expensive than other types.
Term . This type of document is issued for a maximum of 1 year, which is why a person may simply not have time to complete all the actions (of course, provided that he does not do this only purposefully).

In what cases is a power of attorney needed?

According to the law, all interested parties whose names are specified in the social tenancy agreement must participate in the re-registration of municipal housing. That is, the tenant and each family member registered in the apartment and living with him. After completion of registration, the housing will pass to these persons on the basis of shared ownership.

All future owners of the apartment must be present to sign the privatization agreement. But what if not everyone has the opportunity to appear at the city hall on the appointed day, for example, due to a long illness or a business trip? In this case, you have to either postpone the procedure to a more opportune moment, or issue a power of attorney to another person in order for the attorney to perform legal duties at each stage of privatization on behalf of the principal. this is regulated by Art. 185 of the Civil Code of the Russian Federation.

A power of attorney is useful if:

you are stuck at work and don’t have time to go to the authorities;
you are in hospital treatment;
you are staying for work or study in another city or country;
you have not yet reached the age of majority.

This is not a complete list of situations when you cannot do without an attorney. The reason for drawing up the power of attorney must be indicated in the text of the document.

Representatives can be appointed:

one of the close relatives;
lawyer;
another person you trust 100%.

When is a power of attorney needed?

A power of attorney is a special document with the help of which one person can act as a proxy for another, performing all necessary actions in his place. In particular, fulfilling legal duties. This is stated in Article 185 of the Civil Code of the Russian Federation.

Considering the above, a power of attorney should be issued in cases where a person cannot or does not want to deal with the problem on his own:

No time.
Disease.
Out of town.
Incompetent or minor.

Often, a power of attorney is issued by those people who can carry out privatization, but do not understand (and do not want to understand) how exactly they do it. In general, you should work through a power of attorney in any situation where the possible costs of its preparation will be less than the loss of time or money if you deal with the issue yourself.

Example : A tenant works in a prestigious office and receives 10 thousand rubles a day. If he misses one day, he will not receive his money. And with privatization, you need to lose not just one day, but several weeks, or even months. In such a situation, it is much more profitable for him to pay for the power of attorney and the work of another person, so as not to deal with the problem himself.

A power of attorney can be drawn up for each situation separately, but only if it states the reason for its execution. Experts recommend doing just that, since this approach significantly limits the trustee, thereby giving the trustee more control over the situation.

In what cases is a power of attorney for the privatization of housing issued?

The document is issued in cases where a person does not have the opportunity to engage in privatization himself for the following reasons:

illness, injury;
employment (the privatization process will take a lot of time);
temporary absence due to necessity;
the minority of the future owner of the property;

To correctly prepare papers, experience and special knowledge are required. Therefore, it is better to involve a specialist who will collect the necessary conclusions and certificates, stand in queues, etc.

Found documents on the topic “power of attorney for privatization of an apartment sample”

Sample. Power of attorney on privatization apartments
Powers of attorney: sample completion → Sample. Power of attorney for privatization of an apartment
power of attorney (place and date of issue of the power of attorney in words) I, gr. , passport series: , no. , issued for the year, resident…
Sample powers of attorney on privatization apartments (principal and attorney are individuals)
Powers of attorney: samples of completion → Sample power of attorney for privatization of an apartment (the principal and attorney are individuals)
power of attorney is the place where the notarial act is performed (in words). date of the notarial act (in words). I, gr...
Sample. Statement of consent to privatization apartments
Protection of property rights → Sample. Application for consent to privatize an apartment
application for consent to the privatization of an apartment in the city from gr. (full name) address: application (place and date of application in words)…
Power of attorney for registration of inheritance apartment
Powers of attorney: samples of completion → Power of attorney for registration of inheritance for an apartment
power of attorney for registration of inheritance for an apartment in the city “”, city, year of birth, passport series no. , issued...
Contract of sale apartments By powers of attorney
Agreement for the purchase and sale of real estate → Agreement for the purchase and sale of an apartment by proxy
...name, patronymic, address of permanent residence or primary residence of the authorized person) acting on the basis of a power of attorney (indicate the details of the power of attorney - number, date, notary), hereinafter referred to as the “seller”, and, ...
Read also: How many people should be on the counting commission? What is the procedure for electing the counting commission of the general meeting of owners of an apartment building and who can join it? General meeting and its forms
Statement of claim for the obligation to transfer ownership (in the order privatization) departmental apartment
Statements of claim, complaints, petitions, claims → Statement of claim for the obligation to transfer ownership (by privatization) of a departmental apartment
... state: defendant: location of the statement of claim for the obligation to transfer into ownership (by way of privatization ) a departmental apartment I, , live at the address: (full name of the plaintiff). (copies of an extract from the house register, personal account...
Power of attorney for redevelopment apartments
Powers of attorney: samples of filling → Power of attorney for redevelopment of an apartment
power of attorney for redevelopment of an apartment Moscow city, Russian Federation date in full...
Sample. Power of attorney to represent the interests of the shareholder at the general meeting of the joint-stock company (sample)
Powers of attorney: sample completion → Sample. Power of attorney to represent the interests of a shareholder at a general meeting of a joint stock company (sample)
power of attorney I, (last name, first name, patronymic of the shareholder) passport: series number issued by whom and when number of shares owned...
Sample. Revocation Application powers of attorney to represent the interests of the shareholder at the general meeting of the joint-stock company (sample)
Powers of attorney: sample completion → Sample. Application for revocation of a power of attorney to represent the interests of a shareholder at a general meeting of a joint-stock company (sample)
...nomination of a joint stock company) from the shareholder (full name or name of a legal entity), I declare the revocation of my power of attorney for shares - votes issued by me “” 20 in the name of gr. to participate in general meetings of the joint-stock company. start...
Sample. Power of attorney for representation in housing cooperatives
Powers of attorney: sample completion → Sample. Power of attorney for representation in housing cooperatives
for representation in housing power of attorney , Moscow, January 3, one thousand nine hundred and ninety. I, gr. Alexey Sidorovich Markov, resident: Moscow...
Sample. Power of attorney to receive a document
Powers of attorney: sample completion → Sample. Power of attorney to receive a document
power of attorney (place and date of issue of the power of attorney in words) I, gr. , living at the address: , I trust gr. , residing(e...
Sample. Power of attorney to send luggage
Powers of attorney: sample completion → Sample. Power of attorney for sending luggage
power of attorney (place and date of issue of the power of attorney in words) I, gr. , living at the address: , I trust gr. , living (...
Sample. Power of attorney for baggage claim
Powers of attorney: sample completion → Sample. Power of attorney for baggage collection
power of attorney (place and date of issue of the power of attorney in words) I, gr. , living at the address: , I trust gr. , residing(e...
Sample. Power of attorney to buy items from a pawn shop
Powers of attorney: sample completion → Sample. Power of attorney to buy items from a pawnshop
power of attorney (place and date of issue of the power of attorney in words) I, gr. , living at the address: , I trust gr. , living (...
Sample. Power of attorney for exchange of living space
Powers of attorney: sample completion → Sample. Power of attorney for exchange of living space
power of attorney (place and date of issue of the power of attorney in words) I, gr. , living at the address: , I trust gr. , residing(e...

Is the sample document useful?

If the document “Sample.
Power of attorney for privatization of an apartment” was useful for you, we ask you to leave a review

about him.

Remember just 2 words:

Contract-Lawyer

You rated the answer positively

You can also leave a written review of the lawyer

How to compose correctly

There are plenty of examples of this document on the web. The law does not establish a rigid form for them. At the notary's office, each client draws up its own document based on the wishes expressed by the principal. But samples from the web can be used to study and choose what he wants the final document to look like.

City_________________ date_________________

I, a citizen of the Russian Federation _______________________ date of birth___________, passport_________________________________ (series, number, place of issue and department code) residing at the address _____________________________________________ I trust ______________________ (full name)_____________________ date of birth, passport _____________________________________________________ (series, number, place of issue and department code ) represent my interests in all organizations and institutions of the city ______ in connection with the privatization of an apartment located at _______________________________

For this I trust him:

the right to submit, receive and sign all documentation necessary for the proper execution of this order.

The consequences of issuing this power of attorney and the provisions of Art. 185 – 189 of the Civil Code of the Russian Federation were explained and understandable to me.

Personal signature of the principal_________________________________

This power of attorney is certified by me, a notary of the city _____________________ license No. ___________. I confirm that the power of attorney was signed personally by _______________________ in my presence. I have established his identity and verified his legal capacity.

Personal signature of the notary___________________________

What is a power of attorney

A power of attorney is a legal document that allows you to delegate certain powers to another person. Their list is determined in advance and prescribed in the power of attorney.

According to the criterion of the scope of powers, the following types are distinguished: powers of attorney:

General - has a wide range of permitting actions, practically unlimited;
Special – characterized by a narrow focus and involves a limited list of permitted actions;
One-time - associated with a certain specific action, after which the document ceases to be valid.

A power of attorney always presupposes the presence of two parties in the form of a principal and a proxy. The document is drawn up in writing on a special form and must be certified by a notary and assigned a unique number in the register.

Sample design

It is worth noting that today the legislation does not provide for any universal model of this document, since each type has its own unique features and, accordingly, must obey a specific template.

Notaries who certify such documents must provide special samples for preparation, and therefore, if necessary, you can always contact them for advice.

In any case, the power of attorney must include the following information:

Full name and passport details of the applicant and the person for whom the power of attorney is issued;
date of execution of the power of attorney;
a list of powers that the specified person receives in accordance with this document, including the full name of the authorities to which he can apply on behalf of the applicant;
the period for which the document will be valid;
information about the notary who is involved in the preparation of this paper;
signature of the principal stating that he understands the consequences of issuing such a power of attorney.

The principal must fill out the entire document personally by hand, after which the notary will need to certify it and enter the relevant information into the register, assigning the paper its own registration number.

Special attention should be paid to the list of powers that the authorized person will receive in accordance with the document provided to him, and if some point is missed, then the power of attorney may take quite a long time to be drawn up or a new one will have to be drawn up altogether.

Types of powers of attorney

There are several types of powers of attorney:

One-time - involves performing a single operation in the interests of the principal (for example, submitting a package of documents for privatization to the Housing Services Department of the Ministry of Defense of the Russian Federation);
Special – obliges the attorney to perform homogeneous legally significant acts (for example, request a certificate for transferring an apartment into private ownership);
General (general) – empowers the trustee to carry out any actions related to the privatization of municipal housing.

There are other, less popular powers of attorney - with and without the right of substitution (Article 187 of the Civil Code of the Russian Federation). Example: delegating a number of functions to a lawyer or notary. Information about this is indicated in advance in the original document.

Requirements for a power of attorney

The first thing that needs to be taken into account when deciding to transfer the privatization process to another person is that the power of attorney must be in writing and notarized.
There are no errors allowed in the document. For example, if one letter in the surname or a number in the passport is incorrectly indicated, the power of attorney may be considered invalid.
The power of attorney must specify in detail and precisely all the actions entrusted to the authorized person.

Type of power of attorney

Based on the scope of powers, powers of attorney are divided into several types:

a one-time agreement is intended to obtain a specific document or to transfer the collected package to government agencies;
a special power of attorney stipulates the right to collect the necessary documents for the procedure. That is, to carry out actions of one type in a certain period of time;
In order to transfer the right to the entire process from collecting all the necessary documents to receiving the certificate, a general power of attorney . The authorized representative not only collects documents, but also performs other actions that are necessary for privatization. For example, in the event of an upcoming redevelopment of an apartment, it will be necessary to collect the signatures of neighbors.

What documents are needed to privatize a municipal apartment?

Privatization is the procedure for transferring municipal and state housing into private ownership. Free privatization began in Russia after 1992 and the deadline for its completion was moved several times due to certain political and economic factors in the life of the country.
The power of attorney is drawn up on a special form, which is offered at the notary's office, and is registered in the register of powers of attorney . It regulates the legal relationship between the principal (the one who is trusted to carry out any actions) and the trustee (the one who is trusted to carry out any actions).

Contents of the document

The power of attorney for the privatization of housing does not have a strict template, but must comply with a certain template and contain the required points:

Data of the persons concluding the agreement - the Principal and the Trustee: passport numbers and registration information.
List of transferred rights. The authorities to which the authorized person is authorized to apply must be specified.
Date of drawing up the power of attorney.
Validity period of the document.
Information about the notary.
The power of attorney must include a receipt from the principal that he has been notified of the consequences of the powers delegated to him.

Required documents

In order to issue a power of attorney from a notary, you will need:

passports of persons concluding the contract.
documents for privatized real estate: BTI certificate establishing the right to living space; an agreement for the purchase of real estate or an agreement of exchange, gift or inheritance.
data on the redevelopment of living space or lack thereof.
certificate about the number of people registered in the apartment.

When drawing up a power of attorney from a notary, there is no need to draw up the document yourself, since the notary office has ready-made forms. They are adjusted to a specific situation. The document is provided on special paper. The issued power of attorney is registered in the register. Certain funds are collected from the principal, according to the tariff. The price for issuing a power of attorney varies depending on the specific case and the prices set by the notary office. The average price is from 500 rubles.

Sample power of attorney for privatization of an apartment

There is no single document template. Nevertheless, the power of attorney for privatization is drawn up in accordance with the rules of document flow. The form can be obtained from notaries. Before doing this, it wouldn’t hurt to familiarize yourself with what a power of attorney looks like and what it consists of?

Below are the latest forms and a sample of filling out the document for 2021:

Please note that the power of attorney for the privatization of housing is filled out personally by the principal. Notaries require that both parties to the transaction be present when the document is drawn up (but this is not required). It is important to determine the free will of the participants - if the notary feels that the power of attorney is being drawn up for selfish purposes (for example, only in the interests of the attorney), he will not certify the document.

The approved power of attorney is entered into the unified register of notarial documents. The agreement is assigned a unique number. Subsequently, the document can be easily found in the notary’s EIS - in case one of the parties starts legal proceedings.

Risks of transferring privatization

The power of attorney transfers the right to represent the interests of the principal to the person specified in it. When signing such documents you need to be extremely careful. It is worth following simple rules:

Choose your own notary.
Trust only trusted agencies. It is advisable not only to read reviews online, but also to listen to the personal opinions of familiar clients.
Study the power of attorney samples and carefully select exactly those points of authority that need to be entrusted to the representative.
Do not use “general” powers of attorney, under which a third party can dispose of the apartment up to the sale and receipt of money for the apartment.

Common types of fraud include:

Sale of an apartment by a representative followed by a long and persistent search for him with the police. There were cases when the apartment was even sold several times and all the victims of the scammers were left without money and housing.
Delaying the case with extorting money under a variety of pretexts: either the passport has expired, or there are not enough documents. For each “service” certain, relatively small amounts of money were extorted. Then, when the “revenue” from several clients turned out to be quite large, and there was nowhere to go further, the agency simply disappeared. However, this does not mean that privatization cannot be entrusted; you just need to be extremely careful.

Procedure for registration, sample and price of a power of attorney for the privatization of an apartment

If a person decides to carry out privatization instead of someone else, then for this he will need to issue a power of attorney. Moreover, it must be notarized, since without this it will not be considered valid.

Its authenticity is carefully checked, since the transfer of an apartment to private ownership is a serious change that will be recorded in state registers.

All functionality can be specified down to the smallest detail. However, you can simply limit yourself to the standard wording, which will allow you to collect documents and submit them to the required authorities. Also in the main part it must be indicated that the person has received from the notary the necessary explanations regarding civil law and consequences.

Tips for an office employee:

How to combine office work and a healthy lifestyle It is no secret that office work negatively affects both the physical and mental state of the employee. There are quite a lot of facts confirming both.
How to understand that the team does not respect you Every person spends a significant part of his life at work, so it is very important not only what he does, but also with whom he has to communicate.
Office chronicles or how to resist gossip Gossip in a work team is a completely common occurrence, and not only among women, as is commonly believed.
How to talk to your boss: anti-tips We invite you to familiarize yourself with anti-tips that will tell you how not to talk to your boss as an office worker.

Price

The price for issuing a power of attorney depends on the region of residence. Prices are set by notary offices - in accordance with Art. 333.24 Tax Code of the Russian Federation. Now the cost of certification of a power of attorney is 200 rubles . However, notaries perform technical work, so the price can reach up to 1,500 rubles - for ordinary notaries; about 4,000 rubles – for general employees.

There are cases when the principal cannot visit the notary's office in person. All that remains is to call a notary to come to you - on-site certification of agreements is much more expensive. The client will have to pay for travel, accommodation, expenses and other actions.

In order not to incur additional costs, the law provides for the following: according to Art. 185.1 of the Civil Code of the Russian Federation, the certificate can be entrusted to chief doctors, doctors on duty at military units, commanders, heads of colonies, commanders of ships and aircraft. They have the same functions as notaries.

You can also find out: “How much does it cost to privatize an apartment?” or “How much does it cost to privatize land?”

Privatizing an apartment by proxy is the best way to register ownership of a home if you are short of time. The parties are the principal and the attorney. They can draw up a one-time, special or general power of attorney - and also indicate the delegation of the functions of a representative. The document is certified by a notary or a person replacing him.

Questions may arise during registration. For example, is it possible to privatize an apartment for one tenant with a power of attorney from all? Can a fiduciary act on behalf of the principal? How to limit the powers of a representative? What to consider when transferring? Answers to these and other questions can be obtained from the lawyers of our website. They will help with the power of attorney, point out the risks, tell you how to avoid them and what documents are needed. Contact us, consultations are free!

What is the price

In accordance with the Tax Code, the state fee for notarization of powers of attorney has a different amount depending on who exactly this document is issued for.

If the power of attorney is issued for children and other close relatives, then you need to pay a fee in the amount of 100 rubles , while when attracting other individuals, the payment increases to 500 rubles .

Also, the notary himself can make his own markup, and the average cost of services of such specialists today ranges from 700 to 1000 rubles for each sheet of document