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The procedure for registering ownership of an apartment or house is mandatory in Russia. It allows you to confirm the validity and legality of real estate transactions. There are cases when the owner of the property cannot independently be present at the conclusion of the contract; in such cases, a document is drawn up: a power of attorney for real estate registration. Such paper must be notarized, otherwise it simply has no legal force.
General information
The power of attorney form for real estate registration is drawn up in writing. The paper is drawn up in cases where the owner is in another city or country and cannot be present at the conclusion of the transaction, as well as when he is unable to register on his own. In this case, the homeowner entrusts the operation to a more experienced friend or relative.
The authorized person must be legally competent, mentally healthy, and not have an alcohol or drug addiction. Often, a power of attorney form for real estate registration is drawn up between the apartment owner and a professional realtor or notary.
When the homeowner is being treated in a hospital, serving a prison sentence, serving in the army or on a long voyage, there is no need to have a power of attorney for real estate registration certified by a notary. In this case, the signature and seal of the head of the relevant structure (prison service, hospital, unit commander) will suffice.
Please note: if a sample power of attorney for real estate registration will be sent by mail along with other documents, a lawyer must certify all official papers.
Drawing up a power of attorney for cadastral registration of a land plot
Today, the procedure for registering real estate in the cadastral register has become much simpler compared to how it looked before. This is due to a number of amendments adopted at the beginning of 2017, which make this procedure not only simpler and more convenient, but also faster, and information on registration data can be clarified on the Internet. However, for people who do not want to independently engage in actions related to the registration of real estate in the cadastral register, the possibility of registration by a third party, by proxy, remains available.
We will tell you in our article how to draw up a power of attorney to register a house with a land plot. In addition, you will learn about what changes have affected the procedure for registering real estate with administrative authorities.
How to compose correctly
In order for the power of attorney for real estate registration to be correctly drawn up, you must adhere to the basic rules for writing the document:
- The official document must be executed in writing only in the presence of the property owner and a notary.
- The document must contain all information about the principal, authorized person, information about the real estate that is subject to registration.
- The act must clearly state the operations that will be performed by the authorized person (obtaining certificates from government agencies, submitting requests, certifying documents, etc.).
- Information about the place and time of conclusion of the contract, as well as information about the notary (district, registration number). Without this information, the document has no legal force.
- Description of the right to delegate authority to a third party, if necessary.
Agreement: a power of attorney for real estate registration can be issued for three years. If the validity period is not specified in the document, it is considered valid for 12 months.
Other nuances
Notarization is not required if the power of attorney was issued by a local government or state authority using its own letterhead, sealed and signed by the executive. This provision is governed by registration laws and also applies to the issuance of documents.
Things to remember:
- If an application for registration of proprietary rights regarding an apartment, non-residential premises, land plot, or other real estate is submitted by registered mail, it is important that all attached documents, without exception, be certified by a notary;
- If the document does not prohibit transfer of entrustment to a third person in a separate clause, permission is automatically given for this.
When a power of attorney is executed personally by an individual, it is necessary to protect yourself as much as possible from the risks of fraud. An experienced lawyer will help you draft the document correctly. This usually has a ready-made example, both for citizens and for business.
How to fill it out correctly
The power of attorney scheme for real estate registration has a clearly established template. The first part of the document contains information about the owner of the property and the authorized person, and the second part contains the rights and obligations of the attorney. To fill out the official paper you will need to indicate:
- date and city in which the document was drawn up and signed;
- information about the owner of the property (principal);
- information about the authorized person;
- a list of structures in which a trusted person has the right to represent the interests of the homeowner;
- the address where the property is located;
- list of duties of the attorney;
- information about the transfer or prohibition of this action;
- signatures of the parties to the transaction.
Please note: when compiling a list of powers of an attorney, you should carefully write down each action. This way you can protect yourself from unlawful actions of the official executor.
Purpose
The specified document is required so that instead of the owner of the real estate, or another interested party, a representative registers actions or obtains the required documentation. For example:
- If it accompanies a real estate transaction for a buyer or seller (more about the procedure for drawing up a power of attorney for the purchase and sale of real estate can be found here).
- He is an employee of a company that puts in order its documentation related to land property or non-residential premises.
- Provides trust management of real estate.
- Helps to register inherited real estate for heirs (how to draw up a power of attorney to conduct an inheritance matter?).
Sometimes such activities are not related to property transactions or land audits. A certificate from Rosreestr may also be needed for the bank when drawing up a loan agreement. And also when establishing or removing collateral encumbrances on the part of legal entities, including the Enforcement Proceedings Service.
When transferring a package of documentation for registering real estate transactions, a notarized power of attorney is always required in accordance with the provisions of Article 185.1 of the Civil Code of the Russian Federation, except in cases where the owner applies to the registration authority in person, without a representative. If a representative submitted documentation for registration by power of attorney, then he can receive it without a power of attorney - on a receipt received at a branch of Rosreestr or MFC, issued to bearer.
ATTENTION: Submission of documents to Rosreestr by an improper person without presenting a power of attorney is a precedent for terminating the registration procedure.
However, a power of attorney is not required:
- upon presentation of a court decision on the registration action;
- upon presentation of a court ruling on the collection of evidence;
- for legal representatives of a minor.
A court decision on registration or a determination to obtain the necessary certificate for claim proceedings replaces a power of attorney. The same applies to the presentation of a writ of execution, which is issued on the basis of court decisions.
Legal representatives, which include parents, adoptive parents and guardians, act on the basis of:
- certificates from guardianship authorities;
- birth (adoption) certificates;
- own civil passport.
After 14 years, the owner has the right to participate in the registration of real estate transactions himself, in the presence of a legal representative.
With the participation of a trusted person
Although registration today can be done remotely, land surveying to this day requires the presence of the owner himself or an authorized representative. For such purposes, it is envisaged to draw up a power of attorney in such situations when the owner cannot be personally present at all procedures.
By entrusting a third party with the authority to carry out such a procedure as cadastral registration, the owner saves himself from a lot of hassle associated with both preliminary procedures and the submission of documents. Acting under a power of attorney, a third party can carry out all the necessary actions with minimal involvement of the interested party.
It is not at all difficult to draw up a power of attorney to register a land plot for cadastral registration. It is important to take into account some of the features of this type of document, such as a power of attorney, and indicate in it the most specific information regarding both the real estate itself and the duties of the trustee.
Having completed it correctly, you can safely entrust the registration to a person who is ready to take on all the hassle associated with registering land. The power of attorney is drawn up according to the following structure and with the following information:
in the header of the document:
- Title: “Power of attorney to carry out registration actions with a land plot”;
- Place and date of compilation;
The following is the body of the document , where it will be important to indicate the following information:
- Principal details. Full name, address, year of birth, full passport details of the owner;
- Trustee details. Also the most complete information using passport data;
- It is worth stating what actions the power of attorney covers;
- The property to be entered into the cadastral register is indicated;
- For how long is the power of attorney issued?
- Signature of an authorized person with transcript.
By drawing up this simple paper, you can do without the mandatory presence during land surveying and use the services of an authorized person to submit documents to Rosreestr. It is worth remembering that fraud is widespread in the real estate market today. When entrusting registration rights to third parties, it is worth making sure that they are trustworthy. Only a competent lawyer will be able to quickly and without any hassles register the land with the cadastral register.
Where do they register?
Today, registering in the Unified Register has become much easier and more accessible. A number of changes introduced at the beginning of 2021 make the procedure much more flexible. Let's look at what has changed.
Now you can register real estate in the registry remotely and with simultaneous registration of ownership . That is, if we are talking about a transaction for the purchase and sale of a land plot that was previously part of a larger plot, then by going through the procedure of entering new data into the register, it is possible to simultaneously register ownership. In addition, the owner or authorized representative can submit documents, even while living in another region of the country, and even order delivery of documentation to any convenient place, although for a fee.
The time frame for registering real estate with the cadastral register has also been reduced. If the owner is only interested in this aspect of registration actions, then he can count on a 5-day period for entering data into the register . If there is a one-time registration of ownership, the entire process will take 10 days .
Key changes also affected documents confirming the availability of data in the cadastral register. The cadastral passport of an object, well known to the owners, is a thing of the past, along with a certificate from the cadastral authority, which was sometimes required by the owners. Now, if you need information about real estate, you can order an extract from the ERN, or use an electronic database where all information about the property will be stored.
As you can see, the changes are numerous. Among other things, cadastral registration can now be carried out not only in Rosreestr, but also in numerous MFCs, where the owner, using , will be able to register real estate in the cadastral register.
Sample Power of Attorney for registration of ownership of an apartment.
to be my representative in all state, municipal, commercial and non-profit institutions, organizations and enterprises of the city of Moscow and the Moscow region, including the Regional Administration, District Administration, Local authorities and authorities, Federal State Unitary Enterprise "Rostekhinventarizatsiya - Federal BTI", State Unitary Enterprise Moscow Region " MOBTI", FGBU "FKP Rosreestr" for Moscow, FGBU "FKP Rosreestr" for the Moscow region, Housing maintenance organizations, Homeowners' Association, Housing and Construction Cooperative, Passport Office, Department of the Federal Migration Service, Unified Information and Settlement Center, Organizations that received in accordance with the established procedure, a license for real estate assessment, the Inspectorate of the Federal Tax Service, Notary offices, the Municipality, the Department of Housing Policy and Housing Fund of the City of Moscow, the Office of the Federal Service for State Registration, Cadastre and Cartography for Moscow, the Office of the Federal Service for State Registration, Cadastre and Cartography for the Moscow Region , for questions:
— obtaining certificates, documents, extracts, duplicates and copies of certificates and documents necessary for registration of ownership and registration with the state cadastral register of an apartment located at the address : _! Example! Lobnya, Svobodny proezd, 9, 9th floor, number on site 2 (apartment 59);
— registration of the above-mentioned apartment with the state cadastral register;
– submission of the necessary package of documents for registration of ownership of the above apartment,
for which I grant the right to conduct cadastral registration and draw up cadastral affairs, to submit applications on my behalf, including applications for registration of a property with the state cadastral register, for state registration, for suspension of state registration, for renewal of state registration, for refusal of state registration , any other applications related to making changes to the Unified State Register, the State Property Committee, correcting technical errors, additional admission, submitting and receiving certificates, documents, extracts, duplicates and copies of certificates and documents, including receiving a cadastral plan, cadastral passport, submitting the necessary registration of a package of documents with the Office of the Federal Service for State Registration, Cadastre and Cartography for Moscow, the Office of the Federal Service for State Registration, Cadastre and Cartography for the Moscow Region, submit additional documents, receive documents to correct technical errors, obtain registered title documents and a Certificate of State Registration of Rights , in case of suspension or refusal of state registration, receive the documents submitted for registration, pay tariffs, duties and fees, sign for me and perform all other actions necessary to fulfill these instructions.
The power of attorney was issued for a period of
one year, with the right to delegate powers under this power of attorney to other persons
.
Why and how is registration carried out?
Registration of real estate in the cadastral register is today required for the correct conduct of a number of real estate transactions related to the transfer of ownership. Speaking about a plot of land with a house, as part of cadastral registration, the owner provides the administration with a number of data that allow the object to be most accurately identified.
When starting registration, the owner or other person with the authority to carry out such actions must go through several stages, without which it will simply be impossible to complete such a procedure:
- Carrying out boundary work on the site and obtaining technical documentation for buildings;
- Collection of documentation;
- Submitting an application for registration;
Not long ago, legislative bodies came to the conclusion that the creation of a Unified State Register of Real Estate would be correct. This was a logical step in centralizing data and getting rid of a number of bureaucratic delays associated with the creation of documents that are losing relevance today. The changes affected the registration process itself, but not the preparation for it, so carrying out boundary work and collecting a number of documents remained mandatory.
Registration of a power of attorney at a notary office
The issuance of a power of attorney to obtain an extract from the Unified State Register is carried out by public or private notary offices. Citizens, their legal representatives and representatives of organizations (according to their constituent documentation) have the right to apply for the issuance of a document.
The power of attorney is issued in a general form and contains a clear list of delegated powers. The duties of the notary include explaining the legal consequences of its registration to both parties - the principal and the authorized person. The issue of the possibility of recertifying the document (if the need arises) is being resolved.
Power of attorney form:
- Written. Issued on paper in a single copy, handed over to an authorized person.
- Electronic. Certified with an enhanced electronic digital signature of the principal.
Information about the document being drawn up is entered into a unified system (UIS). Thanks to this, Rosreestr employees can always verify the authenticity of the power of attorney.
