In accordance with Article 185 of the Civil Code of the Russian Federation, a general power of attorney for a house is an official legal document, according to which the owner transfers to another person the right to dispose of the property on his own behalf. This type of power of attorney gives the trustee the broadest powers, including not only representing the interests of the property owner, but also making decisions on concluding transactions with alienation or lease.
The first rule for drawing up a power of attorney states that it must be certified by a notary. Without this, the document has no legal force; accordingly, it cannot be recognized as valid, as well as the actions that were performed on it. The second most important aspect is what powers are reflected in the text of the document.
The notary drawing up the power of attorney records each power in a separate paragraph, as clearly, unambiguously, and easily understandable as possible. If you miss the moment with the enumeration of powers, a general power of attorney gives the representative full rights and completely frees his hands. This poses a very big risk for the property owner.
Power of attorney for registration of land plot
A power of attorney to register ownership of a land plot is a written act that gives a citizen the right to act on behalf of the property owner when applying to the state real estate register. The issues of issuing such a permit and the rules for its use are regulated by the Civil Code.
There are three types of powers of attorney:
- one-time – issued for a short period to perform a one-time action;
- special – compiled to perform one or several operations for a long period of time;
- full – used in situations where the owner needs to transfer powers to the representative in full.
The content of the authorization to represent interests does not imply payment. However, the parties can enter into a compensation agreement. It is issued together with a power of attorney.
In order to establish payment, it is necessary to include the corresponding clause in the contents of the document. At the legislative level, there are no limits on the amount of such remuneration.
Powers of attorney for individual entrepreneurs
Notarization is required by a power of attorney from an individual entrepreneur to register/liquidate an individual entrepreneur, make changes to the Unified State Register of Individual Entrepreneurs, participate in transactions for the alienation/purchase of real estate, apply to the tax authorities, conduct business in court, open a bank account and/or manage funds on it. You need to provide the following documents:
- passport of the individual entrepreneur;
- certificate of assignment of TIN;
- extract from the Unified State Register of Individual Entrepreneurs;
- passport details of the authorized person - you can invite the attorney himself with a passport or bring a copy of the document.
For what actions with land can a power of attorney be issued?
The legislation does not limit the types of actions for which a power of attorney can be issued. The owner has the right to provide a third party with the following opportunity:
- register property rights;
- change the type of permitted use of the site;
- obtain permits for communications, reconstruction of a residential building, etc.;
- initiate land surveying;
- request extracts about property from the Unified State Register of Real Estate;
- draw up land purchase and sale transactions;
- rent out land.
The list of permitted manipulations must be recorded in the contents of the document.
How to correctly draw up a power of attorney
A power of attorney for registration of ownership of a plot of land is drawn up in writing in notarial form or in simple written form.
Real estate registration transactions are carried out in notarial form. For this reason, a power of attorney, which is drawn up in simple written form, will not be suitable in this case.
Attention! According to the Civil Code of the Russian Federation, a power of attorney is invalid in the following cases:
- if the date of its compilation is not indicated;
- if the principal is a person who does not have the corresponding right, etc.
The parties to the power of attorney are the principal and the authorized representative. The principal can be either an individual or a legal entity, and only an individual can act as a representative.
The text of the document defines the powers that are transferred to the trustee. If he goes beyond the scope of his powers, then such actions do not entail consequences for the principal.
At the same time, the principal retains the right to accept the results of such actions. The power of attorney is signed by each party and given to the authorized person.
Upon expiration of the power of attorney, the document is returned to the principal. Reassignment is not prohibited by law. This means that the trustee can transfer all or part of the powers to third parties.
The issue of reassignment is resolved at the discretion of the parties. The text of the document should indicate whether the attorney has the appropriate authority or not.
The issue can be resolved as follows:
- transfer of trust is prohibited;
- sub-assignment is permitted with the consent of the principal;
- Submission is permitted without any restrictions.
Attorneys are responsible for the actions of these persons; therefore, the principal has the right to demand compensation for damage and compensation from them.
Important! The power of attorney for registration of ownership of a plot of land must contain the following information:
- name of the document, place and date when it was compiled;
- information about the principal and attorney, including passport data: series, number, place of issue and registration;
- cadastral characteristics of the site and its other parameters. Indication of ownership;
- institutions in which the fiduciary act will be performed - it may be single or consist of a list of authorities and organizations;
- the purpose of transferring a power of attorney is an order performed by an attorney, consisting of a single procedure or a list of several legal actions.
If required, the validity period of the document and the right to subassignment are indicated.
To carry out transactions with land plots on the basis of a power of attorney, its notarization is required.
Rules for drawing up a power of attorney
To obtain permission to represent interests, a citizen must provide:
- passport;
- cadastral passport for the land plot and the objects located on it;
- title document for property.
An identification document is required from the person to whom the authority is transferred.
The content of the granted permit contains the following information:
- personal data of the owner and representative (full name, series and number of passport, registration address and place of residence, for legal entities - name of the organization and address of the head office);
- list of delegated powers;
- validity period;
- date of preparation and certification;
- signatures of the parties.
ATTENTION! If the content of the document does not contain a clause on the validity period, it will be one year.
Before completing the procedure, you should check:
- the reliability of the specified details;
- the presence of a clause on the date of compilation;
- correctness of the full name of the organization and registration form;
- completeness of the list of delegated powers.
The presence of errors or inaccuracies will result in the document having no legal force.
Rules for issuing a power of attorney
The validity period of the power of attorney is limited to three years, unless a shorter period of time is indicated in the text. If the period is not specified, the power of attorney is considered valid for one year.
The principal may provide for the possibility of transferring powers to another person. This should be noted in the text as a right of subrogation. A delegated power of attorney cannot be valid longer than the main one. Any power of attorney must contain the date of its issue, without which the document is considered invalid.
What does our notary office offer?
In the notary office of Boris Sergeevich Ivanov, you can quickly, at a time convenient for you, issue a power of attorney to register ownership/transfer of ownership. Our office is located within walking distance from the Krasnoselskaya and Baumanskaya metro stations. We accept from Monday to Friday from 10:00 to 18:30, on Saturdays from 10:00 to 15:30.
For your convenience, our website provides the ability to fill out an application electronically - our employees will call you back at a time convenient for you and answer all your questions.
| Notarial action | Tariff according to NK | PTH services | ||
| 36 | Powers of attorney and orders for their cancellation: Note: When certifying a power of attorney for several representatives, the cost of the UPTC increases by 200 rubles. for each representative starting from the 3rd, subject to the maximum cost restrictions indicated below. | |||
| for certification of powers of attorney for the right to use and (or) dispose of vehicles: | ||||
| a) on behalf of individuals | children, spouse, parents, full brothers and sisters (upon confirmation of relationship) | 250 rub. | 1,500 rub. The fee for UPTH increases by 200 rubles. for each representative, starting from the third, but in general cannot exceed., more than 2,100 rubles. | |
| other persons | 400 rub. | 1,500 rubles, but not more than 2,100 rubles. | ||
| b) from representatives of legal entities | 400 rub. | 2,500 rubles, but not more than 3,100 rubles. | ||
| for certification of powers of attorney for the right to use and (or) dispose of property, with the exception of vehicles: | ||||
| a) from citizens | children, spouse, parents, full brothers and sisters (upon confirmation of relationship) | 100 rub. | 1,500 rubles, but not more than 2,100 rubles. | |
| other persons | 500 rub. | 1,500 rubles, but not more than 2,100 rubles. | ||
| b) from representatives of legal entities | 500 rub. | 2,500 rubles, but not more than 3,100 rubles. | ||
| for certification of a power of attorney in the order of substitution (except for pensions, benefits and social payments) | on behalf of individuals | 200 rub. | 2200 rubles, the fee for UPTH increases by 200 rubles. for each representative, starting from the third but not more than 3,000 rubles. | |
| on behalf of legal entities | 200 rub. | 2,700 rubles, UPTH increases by 200 rubles. for each representative, starting from the third but not more than 3,100 rubles. | ||
| for certifying a power of attorney to receive pensions and social benefits | Osv. from paying the notary fee | 1,000 rub. | ||
| for certifying an order to revoke a power of attorney | 500 rub. | 500 rub. | ||
Have questions? We are ready to advise you
Documents for registering property rights
To obtain ownership of a property, its state registration in the Unified State Register of Real Estate is required. For this reason, the power of attorney must indicate the appropriate authority.
The principal submits to the authorized person the following documents for registration:
- your passport;
- land surveying;
- technical certificate;
- necessary certificates;
- social tenancy agreement, if required;
- other documents.
After entering information about ownership into the Unified State Register of Real Estate, the principal becomes the full owner.
Documents for notarization
Remember! To certify a power of attorney from a notary, you will need to submit the following documents:
- applicant's passport;
- SNILS;
- a document that confirms ownership of a plot of land;
- cadastral passport for the property.
The list of documents for privatization of a plot of land should be clarified with the local administration.
Who can be a principal and attorney
A principal is a person who transfers to another person certain powers to perform certain actions.
The principal can be a legally capable individual or organization, as well as an individual entrepreneur. On behalf of incapacitated or minor citizens, powers of attorney are issued by their legal representatives.
A proxy is a person who, by virtue of a power of attorney, receives the authority to perform certain actions. Only a person who has legal capacity and has reached the age of majority can act as a trustee. The representative has no right to make transactions on behalf of the principal for personal purposes.
Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues. Find out more here.
What documents are needed for land surveying?
The approximate composition of documents required for land surveying will vary depending on who the customer will be: a citizen or an organization.
There is a list of papers that will be common to both individuals and legal entities:
- certificate of ownership of the plot;
- cadastral passport;
- cadastral plan of the territory, where adjacent plots will be indicated;
- technical passport for all buildings on the site, if any;
- application for work.
For an individual, the following documents must be provided to the surveying company:
- the applicant's passport and its copy;
- papers confirming the existence of the land plot by the owner. These include documents such as a purchase agreement, an inheritance document, a gift agreement, and a resolution of the local administration on the provision of land.
For a legal entity, the documents required to establish boundaries will be slightly different:
- document on registration of a legal entity;
- extract from the Unified State Register of Legal Entities;
- certificate of registration with the tax office;
- TIN certificate.
It should be remembered that only owners have the right to order the land surveying procedure. If this site is listed as leased by an organization, then it cannot set boundaries.
In addition to this documentation, it is required to provide signed notifications to the owners of neighboring plots that they have been informed about the time of the survey. If it was not possible to find the owners, then the procedure for establishing boundaries will be delayed.
It is required to place an advertisement in the local media about holding a meeting on the issue of land surveying. The meeting must be held no earlier than a month after the announcement is submitted. If neighbors do not show up, land surveying will be carried out with their consent by default.
