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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.

Agreement for free use of an apartment

An agreement for the free use of an apartment is an agreement under the terms of which the owner of the property (lender) provides it for the use of a third party (borrower) for a certain period of time free of charge.

This document is necessary so that the user of the premises can register for registration at his place of residence.

the borrower must maintain the apartment in proper condition and ensure its maintenance;
the lender is obliged, within a certain period of time, to provide the borrower with living space, the condition of which corresponds to the agreement of the parties;
the lender is responsible for those defects in the premises that were not specified in the agreement intentionally or through negligence;
the lender guarantees that the apartment has no encumbrances (collateral, arrest), and is also free from claims of third parties for the entire term of the agreement (for example, temporarily discharged residents);
the borrower is responsible for damage caused to the premises and the lender's property located in it.

The parties have the right to provide for other clauses.

A young man, a graduate of an orphanage, stands in line for the right to receive housing, and after some time ends up in prison, where he remains until the end of 2020. Is it possible for him to draw up a power of attorney for the right to use the apartment, without the right to sell for the period that he is in prison, so that they can temporarily live there and pay utility bills.

Thank you Good afternoon! Isn’t it easier for you to conclude a rental agreement for residential premises under the terms of which the tenants will pay the rent?

Features of drawing up a power of attorney for the right to rent out an apartment: contents and sample form

What is and why do you need a power of attorney for the right to rent out an apartment? Sometimes, due to various circumstances, the owner of the apartment is not able to come personally to its location to rent it out.

This is important to know: Certificate of acceptance of transfer of apartment upon eviction of the tenant: sample

According to Article 182 of the Civil Code, a transaction concluded by one person (representative) in favor of the represented (another person) in accordance with the powers specified in the power of attorney, the obligations and rights of the latter are created or changed immediately after completion.

>How to correctly draw up a power of attorney for an apartment without the right to sell?

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.

How to issue a power of attorney

A power of attorney is a one-sided transaction that is made in writing and must be certified by a notary. Only the full owner of the property has the right to apply for it. But if the representative’s copy indicates the right of subrogation, he has the right to draw up a new document. Moreover, the validity period of the latter cannot exceed the date indicated in the copy when issued by the owner (according to Article 187 of the Civil Code of the Russian Federation).

Registration does not require complex procedures and is carried out with a minimum set of documents. The procedure will be as follows:

Decide on a trusted person.
Visit a notary's office.
Bring a sample with the finished text (but without a signature) or draw it up with the participation of a notary.
Sign with your own hand.
Pay for notary services.
Wait for verification and pick up the finished copy.

Provided that it is compiled correctly, there are no comments on the text and the documentation presented, the procedure will not take much time. When handling a ready-made version of the text, you can spend 20-30 minutes while the notary certifies the document and enters the relevant information into the notary register. If questions arise, the notary will point out any inaccuracies that need to be corrected.

Required documents

You can issue a power of attorney for an apartment without the right to sell if you have:

passports of the property owner;
passport details of the authorized person;
real estate documents to confirm the applicant’s ownership of housing and its registration in Rosreestr.

In most cases, the specified list will be sufficient for registration, but sometimes the notary may require additional information.

This is important to know: Power of attorney for privatization of an apartment: sample 2020

Contents of the power of attorney

There is no single form for this type of documentation. But in order for the compiled version to be completely legal, the following information is entered into it:

Name.
Date and place of compilation.
Passport information of the principal and the authorized representative.
Data of the property (address, area, other characteristics).
List of powers for the trustee (it would be advisable to add the wording “without the right to sell”).
Possibility of reassignment (optional).
Validity period (optional).
The signature of the principal, confirmed by the notary's certification record.

Validity

Russian legislation allows you to establish a specific period of validity in the text itself or not to indicate such information. In the absence of precise instructions from the owner, the end date is determined in accordance with the provisions of Art. 186 Civil Code of the Russian Federation:

1 year from the date of signing – for the territory of the Russian Federation;
until cancellation by the principal - for use abroad, subject to certification by a notary.

Invalidity of power of attorney

You may encounter the impossibility of legitimizing a document in the first stages of registration. In addition, it may be declared invalid even after certification by a notary, if certain violations are discovered regarding the obligations of the owner or cases established by law. So, the following circumstances give grounds to invalidate the power of attorney :

registration by a person under 14 years of age;
violation of legal requirements (submission of false documentation or its complete absence);
recognition of the principal's incapacity;
coercion to sign from third parties;
being in a state of passion at the time of signing;
indication of incorrect information regarding one of the parties or the property.

Registration cost

Costs for preparing trust documents for real estate without the right to sell include:

notary tariff established by the Tax Code of the Russian Federation;
payment for legal and technical services, the limits of which are established by the regional notary chamber.

Accordingly, the cost of registration will differ in different regions of the Russian Federation. On average, you should expect an amount of 1000 rubles.

What does a general power of attorney give for an apartment, house or land?

A general power of attorney provides the owner’s representative with very extensive powers:

carry out actions to prepare all necessary documents relating to the property;
participate in organizing transactions;
sign documentation on behalf of the owner;
participate in financial transactions;
manage the legal fate of the entrusted property;
other powers provided for in the documentation.

The authorized person has the right to sell the entrusted property, lease, exchange, pledge and perform other actions if they are provided for within the document.

In addition to general powers of attorney, there are two more types of powers of attorney:

one-time – intended to perform a specific action once;
special – issued for a specific period for specific actions.

As a rule, both types of documents are used to prepare papers for transactions. For example, the owner can entrust this action to a realtor or a lawyer hired for these purposes.

It is impossible to conduct a transaction and transfer property rights to another person using a one-time or special power of attorney. This can only be done with a general document certified by a notary. Moreover, the text of the document must specify the specific property and the type of the planned transaction.

Sale of real estate by general power of attorney: pros and cons

In order to understand whether it is necessary and whether it is possible to sell real estate by proxy, it is worthwhile to analyze the pros and cons of this procedure.

The disadvantages include:

the owner risks being deceived by the person for whom the power of attorney was issued;
any transaction that will be carried out by a trusted person may be declared invalid.

The main advantages of this document include:

the owner can sell the property remotely;
the owner will save time and effort on the process of selling an apartment.