Power of attorney for apartment management: procedure for registration

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How to draw up a power of attorney correctly

A power of attorney intended for the management of real estate is drawn up by a notary. The document is created in writing.

A document that is intended to provide the right to manage a property must include the following items:

creation date;
place of registration;
Full name, passport information, date of birth and place of residence of the authorized person;
exact address of the real estate;
list of powers transferred to the authorized person;
information about the notary performing the power of attorney;
individual serial number in the register;
the amount that must be paid for the actions performed by the notary;
seal and signature of the notary.

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Content

The power of attorney for apartment registration includes the following mandatory details:

Place of signing.
Date of signing.
Name of the principal, date of birth, gender, series and number of passport, authority and date of issue, registration.
Name of the authorized representative, date of birth, gender, series and number of passport, authority and date of issue, registration.
A list of organizations in which the owner’s representative has the right to perform actions, including the territorial division of the Federal Registration Service.
Apartment address.
List of actions entrusted to a trusted person.
Information about the possibility of transfer of trust or its prohibition.
Signatures of the parties.

Legislative basis

Before registering a power of attorney, each property owner should familiarize himself with the legal framework regulating the mechanism for carrying out this procedure.

The good news for the above-mentioned citizens is the fact that almost all information about the representative office and everything connected with it is in a separate chapter of the Civil Code of the Russian Federation.

According to Chapter 10 of the Civil Code:

representation is a special event when one person, acting under a power of attorney on behalf of another person, takes some steps on behalf of the principal;
a representative in any agreement must fully reflect the will of the person who granted him authority. Actions of a representative taken in his own interests under any agreement are unacceptable. Acting through a proxy is prohibited in situations clearly established by law;
the attorney must act with the approval of the apartment owner. In situations where an agreement was concluded without such approval, the outcome of the transaction may be either approved or contested by the persons whose interests the representative was supposed to represent;
The main document that confirms the granting of authority is a power of attorney. A power of attorney in fact is a documentary authority granted by one person to another and gives the right to represent his interests;
the document must be drawn up in strict accordance with the current rules of law and not violate them.

Remember! For a clearer understanding of the essence of the concept of “representation”, it is better to independently familiarize yourself with the chapter of the Civil Code dedicated to this topic. It covers all the legal details that need to be taken into account when creating any type of power of attorney.

Power of attorney for registration of ownership of a land plot.

How to issue a power of attorney for the right to sign, read here.

Is it possible to register a person under a power of attorney from the owner, read the link:

What are the risks of transactions with a power of attorney?

A power of attorney to formalize any procedures related to a private home, as well as to conclude transactions with it, carries certain risks, both for the owner of the property and for buyers and tenants. It’s easy to find an example of unpleasant situations for a buyer:

Concluding a transaction under a power of attorney that has been revoked (Article 188 of the Civil Code of the Russian Federation);
The death of the principal selling the house, which the representative may remain silent about (you will have to deal with heirs and court proceedings);
Recognition of the owner as incompetent or partially incompetent (the same Article 188 in the Civil Code);
Recognition of the owner as missing (accordingly, he is not considered to have not received the funds from the transaction, which means the transaction is canceled, regardless of its notarization and the written form of all agreements).

For the owner, that is, the seller, not everything is so rosy either. Even if the representative has firm confidence and there is no trick on this side, finding a buyer can be very difficult. Quite often it is necessary to significantly reduce the cost before the power of attorney expires, especially when it is not possible to issue a new one soon. In any case, what to do in such cases depends entirely on the owner, his capabilities and personal wishes.

Types of powers of attorney for apartment management

Depending on what the document is drawn up for, it is divided into three types:

one-time power of attorney. Issued for the conclusion of one agreement or the performance of one action relating to specific real estate by a trustee;
special power of attorney. Grants the right to the authorized person to enter into a specific type of agreement or take other actions that relate to a specific apartment. The power of attorney is issued for a certain period of time;
general power of attorney. It is a special type that allows the attorney to enter into a wide range of different agreements or carry out a number of actions that relate to the principal’s real estate. This type of power of attorney is issued for a certain period.

The information considered reflects the basic principles of creating powers of attorney for the management of real estate. Therefore, every possible principal needs to take it into account.

Where can I do it?

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

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

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

Required documents

A power of attorney for the management of any real estate, in particular an apartment, must be executed in writing and notarized.

Before going to the notary's office, you need to prepare the following package of documents:

a document that identifies the owner;
passport information of the representative for whom the power of attorney should be issued;
title documents for real estate.

If necessary, the notary has the right to request additional information, but most often the mentioned documents are sufficient.

Watch the video. All about issuing a power of attorney:

Sample

and sample

Power of attorney for registration of ownership of an apartment: sample Power of attorney for registration of ownership of an apartment: form Power of attorney for registration of ownership of real estate

Notarization

Having collected the necessary package of documents, the principal must appear in person at the notary’s office. It is enough to provide all the necessary data for specialists to start drawing up the document. In this case, a form from a notary office is used. Of course, you can enter the information yourself and bring a ready-made document for certification. But in this case there is no guarantee that the principal drew up the power of attorney correctly. It is better to entrust this procedure to specialists who will take into account all the nuances.

Authorities are recorded from the words of the principal. You need to understand that the more detailed they are, the fewer questions the representatives of the registration authority will have. Having issued a power of attorney, the notary makes a corresponding note in a special journal. After the specialist puts his signature here and the seal of the office, the power of attorney is considered correctly executed.

How long does it last?

Typically, the principal himself determines how long the representative will be able to use the power of attorney. You can roughly calculate how long this procedure will take. The principal also has the right to indicate a specific action, after which the document ceases to be valid.

If the validity period is not specified, it is automatically equal to one year from the date of registration. If necessary, the principal has the right to cancel the document early, even if the attorney has not yet fulfilled his obligations. To do this, you must not only inform the representative about your decision, but also contact the notary office through which the power of attorney was issued. The notary will make an appropriate note in the journal, which will confirm the invalidity of the trust document.

Price

You need to understand that issuing a notarized power of attorney involves paying a state fee. However, this is not all the costs that the applicant bears. You will also have to pay for the services of a notary office. For example, letterhead, printouts, and other technical work cost money. Taking into account these two components, the total cost of registration will be 2000-5000 rubles. The pricing policy of a particular company plays a big role here. The cost of services may fluctuate depending on the level of development of the region, the object of the transaction, and other factors.

Registration procedure

It is worth learning more about the mechanism for implementing such a legal procedure.

According to the current legislation of the Russian Federation, a power of attorney must be created in writing and be notarized. Failure to comply with such legal requirements will result in the power of attorney being invalidated.

The mechanism for creating a power of attorney consists of the following steps:

the future principal visits the notary;
The notary creates a power of attorney according to the form he has. The contents of the document must record the conditions on the basis of which the attorney will be able to dispose of the property, as well as the time frame for its action;
After drawing up the power of attorney, the notary is obliged to check it for correctness. If the required documents are correctly drawn up and present, he will officially record its effect by certification. If there are inconsistencies that prevent the notary from carrying out this action, he will notify the principal and the attorney and invite them to correct the problems.

Important! Creating a power of attorney to manage an apartment and comply with all legal requirements is not that difficult. The main thing in such an action is to adhere to the above rules and provisions of regulatory legal acts of the Russian Federation.

For what period is it issued?

For what period of time can a power of attorney be issued for residential property? Current legislation states that when creating a power of attorney, you can fix the duration of its validity, or you can not do this.

If you specify the exact period of its validity, you should further focus on the expiration date of the power of attorney.

If the principal has not recorded the time period for which the power of attorney is granted, then the provisions of Article 186 of the Civil Code are used to determine it.

This rule of law establishes the following guidelines:

on the territory of Russia and abroad, the validity period of a power of attorney is one year from the date of its preparation in a situation where it is not recorded in the power of attorney;
Abroad, a power of attorney issued by a notary continues to be valid until it is canceled by the principal, but only in a situation where there is no expiration date.

Purchase and sale by proxy

In this case, the process of completing a transaction from the technical side is not much different from a regular purchase and sale without a power of attorney. The standard package of documents is supplemented directly by this paper and documents confirming the identity of the owner’s representative. An important nuance is that the power of attorney must clearly state the powers of the representative. This will be needed later when registering the transaction in the state register. It is also necessary to provide, among other things, a general power of attorney.

Concluding transactions on the basis of a general power of attorney is a common practice. This is primarily convenient for the owner, since he does not have to waste time on meetings with a realtor, lawyers, etc. Sometimes health does not allow the principal to take part in such events. In any case, a document of this kind can become a simple, and most importantly, legal option for resolving the situation.

Termination of power of attorney

The list of grounds is contained in Article 188 of the Civil Code.

According to this rule of law, a power of attorney is terminated in the event of:

expiration;
cancellation of the action by the principal;
refusal to perform his duties as an attorney;
liquidation of an organization if it acts as a principal or trustee;
the death of the principal or attorney, as well as in situations where one of them is declared incompetent, partially capable or missing;
declaring a principal or attorney bankrupt in situations where they are deprived of the right to act as a principal or attorney.

Please note! The owner of the apartment has the right to revoke the power of attorney for the property at any time. To do this, you need to visit a notary office in any locality and write an application. The reasons for its termination are irrelevant.

After the power of attorney terminates, the principal must inform the attorney.

General information

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

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

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

There are three types:

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

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