Power of attorney for registration of ownership rights to an apartment: sample, registration process, and what documents must be provided to dispose of housing?

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Situations when the legal owner of real estate must register ownership, but for some reason is not able to do this on his own, occur quite often. The best solution in this case would be to issue a power of attorney for the execution of documents and transfer of powers to a trusted person.

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.

Who can act as a principal and trustee?

The principal in this case is the owner of the property who wants to transfer certain rights to another person. The person with this authority is called a fiduciary or attorney.

There are important requirements for both sides. The principal can be an individual or a legal entity. There are age conditions:

over 18 years old - the citizen must have legal capacity;
from 14 to 18 years - the principal can act exclusively within the framework of the rights to conclude transactions with which he is vested, as well as with the consent of his official representatives;
up to 14 years of age - a power of attorney can only be approved by a legal representative.

A citizen or organization can also become a trustee. An individual must be legally capable, and the company must have full legal capacity - official registration as a legal entity is required.

For example, the representative of the apartment owner may be a realtor , a capable relative or a friend. However, experts advise an extremely responsible approach to choosing a trustee, because he will fulfill all the obligations of the document.

Kinds

According to the provisions of Article 185 of the Civil Code of the Russian Federation, the type of power of attorney determines its content. The following types of trust documents are distinguished:

General. After signing it, the trustee acquires the right to dispose of the property and conduct any transactions with it.
One-time. The principal transfers to a third party the authority to perform a strictly defined action, for example, collecting the papers required for the transaction. After its completion, the powers of the trustee are terminated in full.
Special. Provides for the transfer of rights to perform a certain list of actions.

The principal has the right to revoke the power of attorney at any time if he wishes. All actions performed by his representative will then be considered unlawful.

Which documents need to be submitted for approval?

Important! In order to transfer the right to execute documents, it is necessary to draw up a one-time power of attorney.

It must be in writing and notarized. It is possible to issue an electronic version of a document with subsequent certification by an electronic digital signature in the presence of a notary.

The power of attorney must contain:

Name.
An indication of where it was issued.
Date of registration.
Personal data of the principal and the authorized representative.
Rights assigned to the representative.
Signature of the property owner.
Validity period of the document.
An indication of the right to delegate powers to third parties or a prohibition on this action.

To register ownership

To register property rights in Rosreestr, you will need a general or special power of attorney.

The document must contain:

Title of the document.
Information about the locality where it was issued.
Date of compilation (in words; writing the date in numbers is not allowed).
Personal data of the principal and the authorized representative.
A detailed list of the rights that are vested in the trustee, a list of actions to which the permission does not apply, as well as whether the trustee is vested with the right of subrogation or not.
Notarized signature of the principal.
Registration details of the notary who issued the document.

Rosreestr dated 10/04/2021 N 13/1-00502/21

FEDERAL STATE REGISTRATION SERVICE,

CADASTRE AND CARTOGRAPHY

LETTER

dated October 4, 2021 N 13/1-00502/21

ABOUT CONSIDERATION OF THE APPLICATION

The Department of Legal Regulation in the Fields of Real Estate Registration, Geodesy and Cartography of Rosreestr, having considered the appeal within its competence, reports the following.

In accordance with the Regulations on Rosreestr, approved by Decree of the Government of the Russian Federation dated 01.06.2009 N 457 (hereinafter referred to as Regulation No. 457), Rosreestr is a federal executive body, including the development of state policy and legal regulation in areas within its jurisdiction areas of activity. According to Regulation No. 457, Rosreestr is not vested with the authority to officially clarify the legislation of the Russian Federation, as well as the practice of its application.

At the same time, we believe it is possible to note the following.

The provision of information contained in the Unified State Register of Real Estate (hereinafter referred to as the EGRN) is regulated by the provisions of Articles 62, 63 of the Federal Law of July 13, 2015 N 218-FZ “On State Registration of Real Estate” (hereinafter referred to as the Law N 218-FZ), the Procedure for the provision of information contained in the Unified State Register of Real Estate, approved by order of Rosreestr dated 04/08/2021 N P/0149 (hereinafter referred to as Order N P/0149).

According to Part 17 of Article 62 of Law No. 218-FZ, at the request of the copyright holder, he is provided with information about persons who have received information about the object of real estate, the rights to which are registered with him (except for cases of receipt of such information by bodies carrying out operational investigative activities in accordance with the procedure established by federal law). activities on the grounds established by Article 7 of the Federal Law of August 12, 1995 N 144-FZ “On Operational Investigative Activities”), in the ways and in the manner established by the regulatory body. Such information is provided to the copyright holder within no more than three business days from the date of request for such information.

The above information is restricted information.

In accordance with Order No. P/0149:

a request for limited access information submitted by the applicant (his representative) is certified by the signature of an individual or a person who has received a power of attorney from the copyright holder - an individual (if the copyright holder is an individual) (subclause 3 of clause 42);

if a request for restricted access information is submitted by post, the authenticity of the signature of the persons specified in paragraph 42 of Procedure N P/0149 must be certified in the manner established by the Fundamentals of the Legislation of the Russian Federation on Notaries of February 11, 1993 N 4462-1 (paragraph ten of paragraph 42);

if a request for restricted access information is submitted in electronic form, it must be certified by an enhanced qualified electronic signature of the persons specified in paragraph 42 of Procedure No. P/0149 (except for cases where Procedure No. P/0149 provides for the possibility of using a simple electronic signature (paragraph eleven paragraph 42);

a request from an individual to provide restricted access information, generated in the form of an electronic document using the individual’s personal account on the official website of the rights registration authority or on a unified portal, is certified by a simple electronic signature, subject to verification of the applicant’s credentials using the federal state information system “Unified System” identification and authentication in the infrastructure that ensures information and technological interaction of information systems used to provide state and municipal services in electronic form” (paragraph thirteen of paragraph 42);

if the applicant is a person who has received a power of attorney from the copyright holder, his legal representative, then the original power of attorney (or a copy thereof) issued by the copyright holder or his legal representative, as well as the one specified in paragraph 49 of Procedure No. P /0149 a copy of the document confirming the powers of the legal representative of the copyright holder who issued the power of attorney. In this case, copies of these documents must be notarized (subparagraph 4, paragraph twentieth of paragraph 49).

According to paragraph 1 of Article 185 of the Civil Code of the Russian Federation, a power of attorney is a written authority issued by one person to another person or other persons for representation before third parties.

Taking into account the above, information about the persons who received information about the property may be issued to the representative of the copyright holder upon submission (sending) to him, along with a request for the issuance of relevant information from the Unified State Register of Real Estate, of a duly executed power of attorney, which provides for the receipt of such information on behalf of the copyright holder, or other document provided for by the legislation of the Russian Federation confirming his powers.

Additionally, we inform you that the letters of the Office do not contain legal norms or general rules specifying regulatory requirements, are not regulatory legal acts, are of an informational nature and do not interfere with being directly guided by legal norms.

Head of Department

legal regulation

in the areas of real estate registration,

geodesy and cartography

E.U.GALISHIN

Types of power of attorney and powers of representative

The individual characteristics of the current situation require appropriate actions and rights transferred to the responsible person. Depending on the “front” of work, there are several types of unified document:

A one-time power of attorney is concluded to perform a one-time operation, upon completion of which the legal relationship between the parties is terminated.
Special - a one-sided transaction has a long duration, which is associated with the need to perform monotonous actions over a long period of time.
General – transfers maximum powers to the trusted party. It is used to comprehensively solve a problem, assigning rights and responsibilities to the selected representative.

It is important to know! If legal actions do not involve making changes to state registers, contacting a notary is advisory in nature. Otherwise, you cannot do without assurance.

The completeness of the transferred rights is described in the text of the power of attorney, and their number depends on the specifics of the current situation. So, there are several types of powers:

general – require standard wording when listing the rights and obligations of the responsible person. Used to describe the capabilities of a trusted party that do not have an increased degree of danger;
special - require literal consolidation and clear formulation of transferred powers. The absence of one of the clauses in the agreement deprives the representative of the right to use the tools in question.

It is important to know! According to current legislation, the trusted party has the right to refuse the transferred rights and obligations. The principal has the right to liquidate the document unilaterally (with mandatory notification of the representative).

Duration and cost

The validity period of the power of attorney depends on the agreement of the parties. However, there are several features of calculating the actual date of loss of legal force:

the law provides for a maximum duration of validity of three calendar years;
the power of attorney must indicate the date of entry into force and termination of legal relations between the parties;
if one is not specified, the document loses legal force after the expiration of the calendar year;
By agreement of the parties, the validity period may be adjusted.

Sample power of attorney for registration of ownership of a house and land.

The cost of the proposed services varies depending on the presence/absence of the following factors:

classification of legal relations and list of transferred rights;
State duty is a fixed amount of 200 rubles.

Taking into account the average indicators presented above, the following expense item is formed:

Registration of a one-time power of attorney will cost 600 rubles.
A special agreement will require up to 1,500 rubles.
The transfer of maximum powers is accompanied by a loss of at least 2,000 rubles.

It is important to know! The above figures do not take into account the costs that lie in wait for privatization at the stage of inheritance. For a better assessment of material expenses, contact the MFC.

Notary services when drawing up a power of attorney to receive an extract from the Unified State Register of Real Estate

Currently, the law does not provide for the mandatory execution of a power of attorney to obtain information from the Unified State Register of Real Estate from a notary. But lawyers still advise having the document certified by a specialist in order to protect yourself from unpleasant situations. This way, all the nuances will be taken into account and the requirements for the power of attorney will be met.

For registration, you can contact a private organization or a notary organization at your place of residence.

Why can't a simple power of attorney be used?

A simple written power of attorney is certified only by the signature of the principal (seal of the organization).

The possibility of issuing a simple written power of attorney is provided for by the norms of the Civil Code of the Russian Federation, but why cannot it be used when receiving an extract? This is due to the fact that registration of a document in the Unified State Register of Real Estate is a legally significant action.

Not only Rosreestr, but also other government agencies, work exclusively with notarized powers of attorney. These restrictions are not justified from the legislative side, but are applied in practice (the so-called “custom”).

In order not to waste your own time and effort, we recommend that you immediately issue a notarized power of attorney - attempts to obtain an extract from the register using a simple written document will not succeed!

Obtaining an extract from the Unified State Register of Real Estate by proxy

In order to order an extract from the Unified State Register of Real Estate online, you do not need a power of attorney. It will only be needed if you need to transfer certain responsibilities for managing the apartment to another person.

The extract will contain complete information about the object: characteristics (cadastral number, area, etc.), current owner and ownership history, cadastral value, presence of restrictions or encumbrances. This important information will be needed both for selling an apartment (buyers will be confident in the purity of the transaction) and for purchasing (you will be able to check the seller and the desired apartment). An extract may also be needed when contacting the MFC, for example, to register a person in an apartment.

obtain an extract from the USRN on the USRN.Reestr website. Using the service is very convenient - you just need to enter the address of the property or cadastral number in the search bar.

The document will be sent by email within 30 minutes. The information will be accurate and reliable, which will help protect yourself when concluding any transactions.

Text: Alina Volkova

Briefly about the main thing

A power of attorney for registration of a land plot is a unified document granting declared powers to a third party. An individual or legal entity undertakes to act in the interests of the principal and not to overstep the boundaries of existing rights.

A land plot is a territory outlined on a map, the owner of which may be state or municipal institutions or private individuals. Each object of legal relations has distinctive features, the list of which is fixed at the level of government initiatives.

What documents are needed for the purchase and sale of land you will learn in this video:

Current legislation identifies several unique characteristics of a plot of land:

area or length of the land plot;
terrain features, geographic location;
cadastral number – a unique sequence to identify an object in the general register;
categories of persons who can become the owner of the site;
cadastral value – assessment of the value of land, its conversion into monetary value.

This is not a complete list, but it also makes it clear the uniqueness of such an object of law as a land plot.

It is important to know! Government initiatives have established the procedure for transferring land ownership. Actions that contradict the established provisions are classified as illegal.