Almost 600 shareholders entrusted the registration of rights to apartments to developers

Power of attorney for the purchase of an apartment: sample, buyer’s risks

When purchasing a home in a new building where construction is still ongoing, you need to take a number of nuances into account.
Since, from the point of view of legal norms, this object does not exist, it is not the living space itself that is acquired, but only the property rights to purchase it by concluding an agreement with a construction company. When drawing up a power of attorney under the DDU, it is required to mention the authority to sign the transfer deed, the right to receive real estate for operation, as well as to conclude an agreement. It is advisable to indicate in the power of attorney that the representative has the right to resolve controversial situations that arise with the construction company. When drawing up a power of attorney, the approximate cost ranges from one to two thousand rubles. This directly depends on the city where they are going to register it, and the degree of relationship between the trustee and the principal. A power of attorney issued to a wife or husband has a lower cost. In addition, the existence of the right of subrogation is taken into account; if it exists, the cost will be increased. Special and one-time powers of attorney, which are drawn up independently and require only certification of the signature, cost about a thousand rubles.

What is the procedure for registering ownership of a participant in shared construction?

To register ownership of such real estate, you must contact either the nearest MFC or directly to the Federal Registration Service with an application.

What documents must be attached to the application for registration?

Documents on the basis of which the identity of future owners can be verified (passports, birth certificates - in the case of minor owners).
The shared construction agreement itself with all its annexes.
A properly executed acceptance and transfer act for the property.
Technical plan of the apartment.
Cadastral passport of the property.
If the apartment will be registered as the property of one of the spouses, then a notarized consent to this from the other spouse is required.
If funds for participation in shared construction are received from the bank under a mortgage agreement, then it is necessary to submit both the loan agreement itself and the mortgage documents for the real estate.
When registering real estate for a minor, consent from the guardianship and trusteeship authorities will also be required. It also requires certification by a notary.
In some cases, it may be necessary to provide permission to put a high-rise building into operation. But most often it is provided by the developer.
If the shareholder himself cannot submit the documents himself, then he can authorize a third party to do so. To do this, you will need a power of attorney, which lists the actions that the attorney is authorized to perform. Also certified by a notary.
Receipt for payment of state duty. The amount of this fee is 2000 rubles for 2021. You can pay it at a bank branch, using an ATM, through online banking, or directly to the cash desk of the MFC or Rosreestr.

IMPORTANT !!! All documents are provided in originals. An employee of the registration authority will draw up an inventory of the submitted documents and issue a receipt for their receipt. Identity documents will not be taken away under any circumstances. Subsequently, these documents will be returned to the owner.

The processing time is about 14-18 days, but it can be increased or shortened. After this period, the shareholder receives a certificate of ownership. To do this, you just need to submit a passport and an employee’s receipt to the MFC or Rosreestr about the transfer of a package of documents by the shareholder. After this, the shareholder is recognized as the full owner and receives all rights of ownership, use and disposal of the apartment.

Features of buying an apartment by proxy

Search for apartment options.
Inspection of objects and selection of one of them.
Negotiations with the seller.
Transfer of advance payment and conclusion of advance agreement.
Drawing up a purchase agreement and signing it.
Registration of the agreement.
Handing over the keys to the new owner of the apartment.

commander of military units for employees in military units, members of their families, etc.;
director of a medical institution for military personnel;
representative of the diplomatic service for citizens abroad;
If there is no notary in the municipality, then the head of the administration can certify the document.

Which notary should I contact?

In order for the acceptance of an apartment in a finished house and the signing of the corresponding act to be recognized as valid, it is necessary to have a legal, competently drawn up and certified power of attorney. The certification should be provided to an experienced and reliable notary so that the representative can represent the rights of the shareholder and carry out all the necessary actions for him.

A notary must be licensed and operate within the law. An experienced and sought-after specialist has his own office or office, but some notaries also travel to the site (that is, directly to the client).

Before certifying a power of attorney, the notary must carefully check it, study it and determine that the document is drawn up correctly. Only when properly drafted does a specialist make a note that the document is valid. The notary also puts his stamp and signs the power of attorney.

The cost of notary services varies in different cities. The price for preparing a notarized power of attorney (including the right to inspect the apartment and sign the transfer and acceptance certificate) averages from 1,500 rubles to 2,500 rubles. The amount of payment depends on the cost of legal and technical work, as well as on the notary fee, which is established by the Tax Code and changes periodically.

Recommendations

Finally, we will give recommendations to shareholders who have chosen the method of accepting an apartment in an apartment building by proxy:

If the house is ready, you have a notification about the readiness of the apartment, and the development company calls you to sign the deed and receive the keys to the apartment (apartment, parking space), then if it is impossible to be personally present at the acceptance, you should take care of a power of attorney for your representative.
If your representative planning to accept the apartment is not an expert, then tell him how the acceptance takes place, what the possible defects are, and what to look for. And, preferably, find and prepare a similar power of attorney for your lawyer-representative, who can really competently accept the shared construction project, without losing sight of the important aspects of the issue, including legal ones.
You can search for a notary in different ways, but be sure to ask to see the license and make sure it is valid. It would also be wise to study reviews of the notary in advance.
If a developer requires a power of attorney for accompanying persons to accept an apartment, subject to your personal presence, this is illegal. You are not obligated to provide anything to the developer, so make the developer aware of your legal rights and requirements and do not hesitate to assert your rights. To do this, contact Legal Mil for advice. Leave further actions to us.
When a power of attorney has been received, before using it, you can additionally check its authenticity using a special service. If the document is genuine, it must be included in the general register.
A power of attorney to receive keys to the apartment is also necessary, and it can be one-time, since this action will not be repeated.
If you do not know how to draw up a power of attorney to accept an apartment from the developer, the notary will provide a sample. As a rule, the text of the power of attorney is standard, although it differs depending on the specific notary or notary office.

If you are about to accept an apartment purchased under a shared participation agreement in construction, and you cannot participate in inspecting the property and signing the act, delegate your rights to a representative. We hope that the information presented in the article helped you understand how to proceed and problems will not arise. All that remains is to use the information and do everything correctly. FOR consultations, please contact us - UK Legal Mil.

Source

Procedure for issuing a power of attorney for the purchase of an apartment: sample 2021 and notary fees

Powers of attorney are usually issued for a period of 3 years. If the document does not specify an expiration date, the expiration date is limited to one year. A strictly designated date does not limit the future owner of the home from the ability to terminate the document at any convenient time.

A document created in a notary’s office can be urgently sent by a lawyer via email to another city. An electronic power of attorney certified by a notary has the same force as a regular one. The document is sent to the organization where the purchase and sale transaction takes place.

Sample power of attorney from an individual to Rosreestr

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.

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.

Power of attorney for state registration of a child-care facility: possible risks and design features

statements from both parties (developer and shareholder);
identification documents of the parties;
if housing is purchased with a mortgage, it is necessary to provide an agreement from a credit institution to pledge the rights of claim;
consent of the spouse to formalize a real estate transaction in writing, certified by a notary;
documentation on the construction project with a detailed description;
permission to build a house;
constituent documents;
permission to construct an object on this site (Certificate);
power of attorney from the shareholder;
the shared construction agreement itself;
receipts confirming payments.

it specifies permission to register a preschool educational institution and conduct negotiations with authorities on your behalf;
including permission to submit and receive certificates on your behalf;
make sure that the power of attorney does not contain in its context the right to sign documents on your behalf, i.e. the right to sign cannot be transferred under any circumstances, especially to the developer;
the power of attorney should not transfer the rights to receive funds;
the developer does not have the right to enter into an agreement to encumber an apartment on your behalf and terminate the encumbrance - the mortgage;
Property rights to housing cannot be transferred.

Design features

the power of attorney is valid only at the time of registration of the agreement; the text of the power of attorney must clearly state why the document is being issued;
these are standard documents for all developers, they help speed up the registration process;
if the buyer does not trust the developer, he can revoke the power of attorney.

If the State Register refuses to register a power of attorney agreement, the shareholder will have to do this independently.

What kind of power of attorney should there be for registering an equity participation agreement and is there a single sample?

An equity participation agreement (hereinafter referred to as the EPP) is a written agreement between the shareholder and the developer, which describes who invests money in the construction of residential buildings and in what shares. As a result of the transaction, the shareholder receives an apartment in the building in accordance with the delivery deadlines. To save yourself from unexpected costs and unnecessary trips to a lawyer or notary, you should fully analyze the power of attorney for registration of an equity participation agreement for the presence of pitfalls.

The above auxiliary points will help to avoid problems with calculating the violation of the term of the rental agreement and will significantly save money if the developer provides an apartment with a smaller square footage and you have to pay extra for additional meters. If the case goes to court, then during legal proceedings you will have to travel to court hearings taking place in another district or city.

Design rules

If you don’t know how to issue a power of attorney to accept an apartment from a developer, we will help you figure it out. The document must contain:

Date of compilation. It is indicated either in numbers or in words
Information about the principal (shareholder) and the representative - a third party who will be present at the acceptance of the apartment purchased under a share participation agreement in construction. Usually the surnames, first names and patronymics of individuals, date and place of birth, as well as full passport data are indicated.
The powers vested in the representative. This may be the authority to sign the acceptance certificate, conduct an inspection, reconcile settlements with the developer and account numbers (if provided), receive documents for the apartment and keys, conclude an agreement for the maintenance of the completed residential building, as well as other actions requiring direct participation or signatures.
Signature of the shareholder-trustor. If you do not sign the document, it will not have legal force.
Other additional information, for example, validity period, place of document preparation, and so on.

What does a power of attorney for signing an apartment acceptance certificate look like and how is it drawn up? It may be in written or printed form. In the first case, the power of attorney is written manually according to standard rules or according to a sample. In the second case, the document is compiled on a computer and printed. The notary can also provide a form that must be filled out by hand.

Important! To draw up a power of attorney, the principal and the person representing him must provide civil passports.

Power of attorney for the purchase of an apartment according to the DDA sample

We need a sample power of attorney to purchase an apartment from a developer under the DDU and further actions - signing additional documents. agreements, acceptance certificate, registration of property, joining a HOA, etc., the apartment is purchased with a mortgage - is it possible to register in the same power of attorney - to conclude a loan agreement, a mortgage and everything regarding operations with a mortgage. If possible, please send a sample power of attorney.

the developer, in the manner and on the terms established by Law N 214-FZ, before the state registration of the agreement concluded with the first participant in shared construction, at his own expense carries out civil liability insurance for failure to fulfill or improper fulfillment of his obligations to transfer residential premises under the agreement;

Where are these pitfalls?

A power of attorney for registration of a DDU is meant as the authorization of one person (Builder/Developer) to represent and/or act in accordance with the interests of another person (Shareholder/Beneficiary), for example, to register with Rosreestr in certain legal relations.

The source of the problems is a poorly checked power of attorney for registering a DDU for the presence of clauses that can completely turn against the signing party.

If the agreement has already been signed, and the shareholder came to his senses with a delay, then he has the right to go to court to have the agreement or its individual clauses declared invalid, but this can be avoided by familiarizing yourself in advance with the Federal Law of December 30, 2004 N 214-FZ and the terms/clauses of the agreement .

Power of attorney for the purchase of an apartment

Now you can issue a power of attorney for 10 years. I recommend issuing a power of attorney for a period of at least 6 months, or even more. Now the suspension of registration in Rosreestr has been extended to 6 months.

The power of attorney can be revoked at any time by contacting the notary who certified it. This information will be immediately entered into the Register of Revoked Powers of Attorney (this rule comes into force on January 1, 2017; before this date, the Principal must independently notify everyone of the revocation of the power of attorney)

Therefore, always look for a backup option and expand the powers of the Trustee, unless, of course, you completely trust him

We recommend reading: Renting non-residential premises

If you are purchasing a property under construction , your transaction will not be a sale and purchase, so bring the notary copies of existing real estate documents.

Standard form of power of attorney and algorithm for its execution

The power of attorney does not have a unified form approved by the legislation of the Russian Federation. This document is drawn up in any form in compliance with the rules of office work. In addition, it must be notarized.

The power of attorney must contain text expressing the voluntary will of the principal to transfer his powers to another person. It must also indicate the specific validity period of the power of attorney.

This document also notes that the successor is allowed to:

Conduct negotiations and submit applications to Rosreestr authorities;
Request certificates of agreement registration;
Make amendments to the Unified State Register of Real Estate;
Pay mandatory fees and government duties;
Perform other actions related to this assignment.

Purchase of an apartment by proxy from the Buyer

In complex alternative real estate transactions, when, for example, a communal apartment is being resettled and a chain of several apartments linked into one transaction is being built, one of those being resettled can only look at the apartment offered to him and agree to it. Then the realtor acts independently and registers the specified apartment in the name of the Buyer under the notarized power of attorney issued to him.

At the same time, a power of attorney for a spouse to purchase an apartment (from a husband to his wife, for example) is used extremely rarely. Why? Yes, because according to the law (Article 34, RF IC), in the absence of a marriage contract, an apartment purchased during marriage will belong to both of them, regardless of which of them the purchase agreement is drawn up (see in the Glossary - “Common property of spouses on apartment"). If there is a marriage contract, then the property will be distributed between the spouses according to its terms.

Power of attorney for the purchase of an apartment - how to draw it up correctly

In this regard, I transfer the rights of my signature to carry out a transaction for the purchase of an apartment in simple written form or certified by a notary firm, I instruct you to draw up and sign an act of transfer of real estate, pay for the transaction itself and register ownership with the authorized bodies that are engaged in registering transactions relating to real estate issues, cadastral state bodies (I provide the right to submit various applications, taking into account applications for registration of rights, draw up additional packages of documents, suspend and resume state registration, obtain a certificate of state registration). I grant the right to sign for me and perform any actions necessary to complete the purchase and sale transaction.”

The legal paperwork for purchasing an apartment can be issued for legal or personal reasons. A striking example of the need to prepare such a document is the purchase of an apartment in another region or city, when the buyer has previously submitted documents for registration at the place of previous residence. In this case, to purchase a property, the buyer issues a power of attorney to a loved one or realtor, authorizing him to act on his own behalf. In this case, the principal may be present when the transaction is executed, but the authorized person has the right to sign. Personal reasons include poor health, the buyer’s inability to transport, family circumstances or lack of desire to attend the transaction.

Registration of preschool education in Rosreestr

The purchase of an apartment in a new building in Russia is regulated by Federal Law No. 214 “On shared participation in the construction of apartment buildings...”. Article No. 4 of this Federal Law clearly states that the agreement is concluded in writing and is subject to registration with government agencies.

We conclude an agreement with the developer in his office, check all the information and sign.
We choose where registration will take place.
We submit the documents.
We receive a receipt confirming the acceptance of documents.
We are waiting for time to check.
We receive an extract about the property.

How to issue a power of attorney to purchase an apartment

Own serious illness and temporary incapacity;

Death or poor health of someone close to you;

Long business trip in Russia or outside the country;

Forced absence from the territory of the Russian Federation for personal reasons.

Buyer's power of attorney is a document that conveys to the authorized person permission to affix a personal signature to the purchase and sale agreement and the deposit of money;
A deed of trust with the right of subrogation is provided to employees of a real estate company for unlimited work with the principal’s documentation.

Procedure for revoking a power of attorney

The principal has the right to revoke the power of attorney at any stage of its issuance. In this case, several conditions must be met - more on them later.

Important! The cancellation procedure depends on the procedure for granting it.

If a participant wants to cancel a power of attorney, which was drawn up in simple written form, then it is necessary first of all to notify his authorized representative in writing, by sending him a notification by registered mail. When delivering the notice to the recipient personally into the hands of the shareholder, it is worth taking from him a receipt confirming receipt of this notice. Also, the cancellation of a power of attorney presupposes its return to the principal, therefore, in the case of personal provision of notification, it is necessary for the shareholder to request the power of attorney back from the attorney. It is also necessary to notify all your friends about the termination of the power of attorney.

The revocation of a power of attorney certified by a notary is not much different from the revocation of a simple power of attorney. In this case, the share participant must contact the notary who issued the power of attorney and inform him of the intention to revoke the document. At his request, the notary will send a notice of termination of the power of attorney to the construction organization and demand the return of this paper. In this case, the power of attorney can be returned either personally to the principal or to the notary.

Power of attorney for a construction company

He will not be able to re-register and sell unless he falsifies the documents. In addition, the power of attorney does not have the authority to receive money, so it is not realistic to resell the apartment. As my colleagues correctly said, there is no particular reason for alarm. This is a common practice when registering apartments according to DDU. You are not the first to register an apartment by proxy, and you are not the last. The developer arranges the apartment himself because it’s faster and more convenient. There is no need to coordinate with you the time of transfer of documents to Rosreestr; if something needs to be conveyed, everything can be done promptly.

However, according to property. In accordance with paragraph 3 of Art. 16 of the Law “On participation in shared construction of apartment buildings and other real estate and on amendments to certain legislative acts of the Russian Federation”, the developer transfers permission to put into operation an apartment building and (or) other real estate or a notarized copy of this permission to the authorities , carrying out state registration of rights to real estate and transactions with it, for state registration of ownership rights of participants in shared construction for shared construction objects no later than ten working days after receiving such permission.

Video about the dangers of equity participation

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.

That's why FREE expert consultants work for you around the clock!

via the form (below), or via online chat
Call the hotline:

APPLICATIONS AND CALLS ARE ACCEPTED ROUND THE CLOCK AND WITHOUT WEEKENDS.