Registration at the place of residence by power of attorney: sample document, and is it possible to register a residence permit in an apartment without the personal presence of the owner, how to do it? Justice

The right to manage, use and dispose of the apartment is granted to the owner indicated in the title documents. At his discretion, he may entrust a number of powers to another capable person. If there is a need to entrust the management of real estate, but without the ability to sell it, a power of attorney for the apartment without the right to sell is issued.

What is

A power of attorney without the right to sell is relevant if the owner is absent for a long time or is unable to perform a number of actions for other reasons (employment, health, etc.). It provides additional guarantees that the property will not be sold without the knowledge of the legal owner. Art. 182 of the Civil Code of the Russian Federation prohibits an attorney from selling an apartment to himself, since he cannot simultaneously act as a seller and a buyer. But this does not exclude similar frauds with the participation of third parties, for example, relatives. In order to protect yourself from the dishonesty of the attorney, an appropriate mark is indicated that excludes the right to sell real estate.

How to issue a power of attorney

A power of attorney is a one-sided transaction that is made in writing and must be certified by a notary. Only the full owner of the property has the right to apply for it. But if the representative’s copy indicates the right of subrogation, he has the right to draw up a new document. Moreover, the validity period of the latter cannot exceed the date indicated in the copy when issued by the owner (according to Article 187 of the Civil Code of the Russian Federation).

Registration does not require complex procedures and is carried out with a minimum set of documents. The procedure will be as follows:

Decide on a trusted person.
Visit a notary's office.
Bring a sample with the finished text (but without a signature) or draw it up with the participation of a notary.
Sign with your own hand.
Pay for notary services.
Wait for verification and pick up the finished copy.

Provided that it is compiled correctly, there are no comments on the text and the documentation presented, the procedure will not take much time. When handling a ready-made version of the text, you can spend 20-30 minutes while the notary certifies the document and enters the relevant information into the notary register. If questions arise, the notary will point out any inaccuracies that need to be corrected.

Required documents

You can issue a power of attorney for an apartment without the right to sell if you have:

passports of the property owner;
passport details of the authorized person;
real estate documents to confirm the applicant’s ownership of housing and its registration in Rosreestr.

In most cases, the specified list will be sufficient for registration, but sometimes the notary may require additional information.

This is important to know: Sample of filling out a lease agreement for non-residential premises

Contents of the power of attorney

There is no single form for this type of documentation. But in order for the compiled version to be completely legal, the following information is entered into it:

Name.
Date and place of compilation.
Passport information of the principal and the authorized representative.
Data of the property (address, area, other characteristics).
List of powers for the trustee (it would be advisable to add the wording “without the right to sell”).
Possibility of reassignment (optional).
Validity period (optional).
The signature of the principal, confirmed by the notary's certification record.

Validity

Russian legislation allows you to establish a specific period of validity in the text itself or not to indicate such information. In the absence of precise instructions from the owner, the end date is determined in accordance with the provisions of Art. 186 Civil Code of the Russian Federation:

1 year from the date of signing – for the territory of the Russian Federation;
until cancellation by the principal - for use abroad, subject to certification by a notary.

Invalidity of power of attorney

You may encounter the impossibility of legitimizing a document in the first stages of registration. In addition, it may be declared invalid even after certification by a notary, if certain violations are discovered regarding the obligations of the owner or cases established by law. So, the following circumstances give grounds to invalidate the power of attorney :

registration by a person under 14 years of age;
violation of legal requirements (submission of false documentation or its complete absence);
recognition of the principal's incapacity;
coercion to sign from third parties;
being in a state of passion at the time of signing;
indication of incorrect information regarding one of the parties or the property.

Registration cost

Costs for preparing trust documents for real estate without the right to sell include:

notary tariff established by the Tax Code of the Russian Federation;
payment for legal and technical services, the limits of which are established by the regional notary chamber.

Accordingly, the cost of registration will differ in different regions of the Russian Federation. On average, you should expect an amount of 1000 rubles.

Termination

The owner of the apartment has the right to revoke the power of attorney at any time, regardless of the grounds for such a decision. To do this, you need to submit an application to any notary at your location (even if the original copy was issued in another city) in order to note the termination in the register of notarial actions (Article 189 of the Civil Code of the Russian Federation). At the same time, he is obliged to notify the representative, as well as all known persons who already had legal relations with him, about the fact of cancellation. Trust documents executed on the basis of sub-delegation rights also lose force.

In addition, the action is terminated in one of the following cases:

expiration of the period specified in the document;
the occurrence of a specified event, conditions;
refusal of the authorized person to perform representative functions;
death of the principal/confidant or recognition of one of them as missing or incapacitated (including limited);
termination of the existence of a legal entity if it acted as a principal/trustee;
bankruptcy of the principal/trustee, if it deprives them of the right to issue a power of attorney/represent interests.

Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

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General power of attorney for real estate: form

The power of attorney form is here.

General power of attorney for an apartment

City __________, __ ________ 20__.

I, the undersigned, _____________________________ __ _______19__, born at the address: ___________ st. _______ d. __ apt. ____ passport of a citizen of the Russian Federation ____________, issued by the Department of Internal Affairs of the district _________ of the city __________ ___ __________ 20__, department code ____________, with this power of attorney I authorize a citizen of the Russian Federation _________________________________ residing at the address: ___________ st. _______ d. __ apt. ____ passport of a citizen of the Russian Federation ____________, issued by the Department of Internal Affairs of the district _________ city __________ ___ __________ 20__, department code ____________,

to be my representative in all institutions and organizations, regardless of the form of ownership, on all issues relating to my interests, to manage and dispose of all my property, whatever it may be and wherever it is located, in accordance with which to enter into transactions permitted by law, in including with apartments and other real estate, in particular: buying, selling, accepting as a gift, exchanging, determining in all cases the amounts, terms and other conditions at its own discretion; make payments on concluded transactions, register the relevant agreements and the transfer of rights under them with the competent authorities, remove me from the state registration register and put me on the state registration register at a new place of residence, accept an inheritance or refuse it, receive property, money, valuables due to me papers, and other documents on all grounds from all persons and organizations, manage accounts in the Central Bank of Russia and its divisions, commercial, savings and other banks with the right to open and close accounts, deposit and receive any amounts of money, receive postal, telegraphic, valuable and all kinds of correspondence and parcels, conduct business on my behalf in all organizations, conduct civil and criminal cases in all judicial institutions with all the rights granted by law to the plaintiff, defendant, third party and victim, including the right to file a statement of claim, termination peace proceedings, recognition or refusal in whole or in part of claims, changing the subject of the claim, appealing a court decision, obtaining a writ of execution, with the right to receive property and money.

The power of attorney was issued without the right of substitution and is valid for three years.

____________________________

Signature

___ ______ 20___, this power of attorney is certified by me ________________., a notary of the city _______, the license is registered in the State Register No. _______ and issued by the Department of Justice of the Administration of ___________ dated __ _________ 20__.

The power of attorney was signed _________________________ in my presence. His identity has been established and his legal capacity has been verified.

Official seal	Registered in the register under No. ____ Notary fee charged ___ rub. according to receipt No. ____ dated ___ ______ 20__.
Notary:		_______________FULL NAME.

Agreement for free use of an apartment

An agreement for the free use of an apartment is an agreement under the terms of which the owner of the property (lender) provides it for the use of a third party (borrower) for a certain period of time free of charge.

This document is necessary so that the user of the premises can register for registration at his place of residence.

the borrower must maintain the apartment in proper condition and ensure its maintenance;
the lender is obliged, within a certain period of time, to provide the borrower with living space, the condition of which corresponds to the agreement of the parties;
the lender is responsible for those defects in the premises that were not specified in the agreement intentionally or through negligence;
the lender guarantees that the apartment has no encumbrances (collateral, arrest), and is also free from claims of third parties for the entire term of the agreement (for example, temporarily discharged residents);
the borrower is responsible for damage caused to the premises and the lender's property located in it.

The parties have the right to provide for other clauses.

A young man, a graduate of an orphanage, stands in line for the right to receive housing, and after some time ends up in prison, where he will remain until the end of 2021. Is it possible for him to draw up a power of attorney for the right to use the apartment, without the right to sell for the period that he is in prison, so that they can temporarily live there and pay utility bills.

Thank you Good afternoon! Isn’t it easier for you to conclude a rental agreement for residential premises under the terms of which the tenants will pay the rent?

Features of drawing up a power of attorney for the right to rent out an apartment: contents and sample form

What is and why do you need a power of attorney for the right to rent out an apartment? Sometimes, due to various circumstances, the owner of the apartment is not able to come personally to its location to rent it out.

This is important to know: Refusal to purchase a share in an apartment: sample

According to Article 182 of the Civil Code, a transaction concluded by one person (representative) in favor of the represented (another person) in accordance with the powers specified in the power of attorney, the obligations and rights of the latter are created or changed immediately after completion.

>How to correctly draw up a power of attorney for an apartment without the right to sell?

Sample power of attorney for residence in an apartment

Tatyana, strictly speaking, it is impossible to correctly write “power of attorney to live in an apartment.” A power of attorney is a document that allows you to represent the interests of the principal before third parties. Art. Therefore, it is more correct to talk about a rental agreement for residential premises or an agreement for the gratuitous use of residential premises. If you need the development of such a document, write to igumnoff mail. For what maximum period can a power of attorney be issued for a child to live with his mother abroad without his father?

Skip to content. You have JavaScript disabled. Some functions may not work. Please enable JavaScript to access all features. Sent 07 November — Sent 09 November — Why, he says, it is possible to drive a car on the basis of a general power of attorney, and for a traffic police officer presenting it is enough, but it is impossible to issue a power of attorney to live in an apartment.

According to the rules, a citizen is required to have a residence permit.

Remember me Forgot your password? HR new. All projects.

In what cases is it used?

Advantageously, such paper is used for trust rights to manage and use an apartment, instead of transferring the right to lease, if a representative, by proxy from the owner, participates in the business, renting out an apartment daily or for a short period. And:

When the realtor prepares documentation for the transaction and is busy searching for a buyer and other legal procedures necessary until the deed of sale is concluded.
When reconstructing the premises, collecting the necessary permits from the authorities and drawing up a service agreement for the reconstruction.
For other actions requiring the conclusion of a service agreement for repairs or collection of documentation. For example, when carrying out electricity, gas or water supply.
When representing the interests of the owner in the administration and other authorized authorities and institutions.

The range of such situations can be quite wide. The only action that is excluded from this list by the name of the document is the alienation of property to third parties.

Required details

The power of attorney is drawn up and executed in accordance with the provisions of Articles 185 and 186 of the Civil Code of the Russian Federation. It must contain the following details:

Title of the document;
place and date of compilation;
information about the attorney and principal;
characteristics of the apartment, its location address;
validity;
permission of transfer of trust;
signature of the principal with the notary's certifying record.

The information included in the main part may vary and depend on the type of assignment that is transferred to the attorney.

Without the right to sell

Here this condition is written in the title of the document. Further, according to the text, after entering the data of the principal and the attorney, the authorities are listed in which the power of attorney will be valid and all actions that the representative has the right to perform, with the exception of:

home sales;
carrying out the registration procedure for alienation.

All actions are listed accurately so that this information does not create a precedent for an ambivalent interpretation of the owner’s position at the time of alienation of housing without his sanctions.

No right to receive money

If the right to sell is delegated, then entering the required details depends on the type of power of attorney. If it is special, then it lists specific actions. Therefore, its name can remain simple “Power of Attorney”. And the text should indicate the order: “the right to sell the apartment without the right to receive money.”

It is also allowed to include the wording “with the right to sell, but without the right to receive money” in the name of the document if the form of the document is general. In the main part of the text, in this case, a list of actions of the representative should be given, indicating the conditions for settlement with the seller. For example: “with the transfer of money to the owner of the apartment,” or: “with the transfer of money for a transaction through a bank.”

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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General power of attorney for real estate: sample

A sample power of attorney is here.

General power of attorney for an apartment

Krasnoyarsk city

nineteenth November two thousand sixteen

I, the undersigned, Dobronravov Ilya Alexandrovich, born on March 11, 1971, living at the address: Krasnoyarsk, st. Dekabrskaya, 37 kv.91 passport of a citizen of the Russian Federation 48 59 No. 343937, issued by the Department of Internal Affairs of the Ordzhonikidze district of the city of Krasnoyarsk, August 16, 2001, department code 474-384, with this power of attorney I authorize a citizen of the Russian Federation Mikhail Viktorovich Suvorov, residing at the address: Krasnoyarsk , st. Lenina, 48 kv.19, passport of the citizen of the Russian Federation 48 74 No. 484392, issued by the Department of Internal Affairs of the Kirovsky district of the city of Krasnoyarsk, “September 14”, 2008, department code 473-272,

General power of attorney from a legal entity.

Read how to draw up a general power of attorney for the right to sell an apartment here.

How to draw up a power of attorney for property management, read the link:

The power of attorney was issued without the right of substitution and is valid for three years.

____________________________I.A. Dobronravov

On November 19, 2021, this power of attorney was certified by me by Semenov M.N., a notary of the city of Krasnoyarsk, the license was registered in the State Register No. 34338-31 and issued by the Department of Justice of the Administration of the city of Krasnoyarsk on September 11, 2001.

The power of attorney was signed by Ilya Alexandrovich Dobronravov in my presence. His identity has been established and his legal capacity has been verified.

Official seal	Registered in the register under No. 4347 A notary fee of 400 (four hundred) rubles was collected. according to receipt No. 4734/44 dated November 19, 2021.
Notary:		____________M.N. Semenov Full name

Types of powers of attorney

There are three main types of powers of attorney:

One-time . This type of power of attorney is issued for a one-time transaction. This could be the collection of necessary documents, payment of utilities or anything else. The main feature is that the authorized person can dispose of housing only within the specified powers in such a power of attorney and only 1 time.
Special . Similar to the previous option, but implies the ability to dispose of housing several times.

General . It involves vesting the trustee with the broadest powers, almost identical to the rights and opportunities of the owners. In fact, the trustee becomes a full-fledged representative of the home owner.

Any of the presented types of powers of attorney may include a clause “without the right to sell”, however, most often it makes sense to clarify this only in a general power of attorney. This is due to the fact that only this type of document implies very broad powers and, instead of listing what the trustee can do, it is better to indicate what he cannot do. In this case, he will not be able to sell the apartment without the owner’s permission.

How to properly draw up a power of attorney from the owner for registration

The belief that registration under a general power of attorney will not raise any questions is erroneous and is likely to lead to a number of misunderstandings and refusals. Even if the notary includes in the specified document such expanded powers to dispose of the apartment, such as the ability to register citizens in it, there is no guarantee that FMS employees will accept your documents for registration. It is still better to have the homeowner personally present so that he can confirm the fact of his approval and fill out the consent form for registration.

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Possible powers in a power of attorney for an apartment without the right to sell

Depending on existing needs, a power of attorney for an apartment without the right to sell may vest the trustee with a certain list of powers:

Rent out.
Act as a representative of the homeowner in court, in disputes with utility services, and so on.
Participate in meetings of apartment owners of the building in which the target housing is located, and so on.

In the case of a general power of attorney, only restrictions are usually indicated, since this is easier than listing everything that such a person can do with real estate.

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.