Registration of a power of attorney for the privatization of an apartment

Definition of a power of attorney for privatization

A power of attorney is an agreement concluded between the owner of the apartment and a citizen of the Russian Federation who is the principal. This document gives the right to the authorized person to collect the necessary documents for the privatization of the apartment and submit them to the relevant authorities.

Important!!! A power of attorney makes it possible to delegate the process of preparing documents for privatization to a person more competent in this matter.

A power of attorney is issued in certain cases, such as:

• Illness or injury that prevents movement;
• Employment;
• Temporary absence;
• Minority of the owner.

The procedure for issuing a power of attorney for the privatization of housing

To issue a power of attorney, you must contact the notary office at the location of the residential property. There is no need to fill out a power of attorney form in advance, but before visiting a specialist, you should decide on the scope of rights and powers granted to the representative.

Based on the client’s wishes, the notary selects the most suitable version of the document and brings it in accordance with the requirements. The specialist’s list of tasks includes not only the correct drafting of the document, but also providing explanations regarding the possible consequences.

To issue a power of attorney for the privatization of housing, the following documents will be required:

• principal's passport;
• a package of papers proving the right to participate in privatization;
• data of the authorized person.

To register a power of attorney, the principal must be present in person.

The document contains the following information:

• passport details of the principal and his representative, including full name, date of birth, series and number of the passport, date of issue and address of residence of individuals;
• date of issue of the power of attorney;
• list of delegated powers;
• validity period of the document;
• information about the notary responsible for the execution and registration of the document.

In some cases, the notary may ask to provide a copy of the proxy's passport. This requirement is due to the fact that often when specifying the representative’s identity card data, mistakes are made when copying details from a notepad or reproducing from memory. If such a fact is revealed, it will not be possible to simply correct the mistake, and the power of attorney will need to be reissued.

notarized power of attorney for privatization of an apartment, sample 2019

Types of power of attorney

Important!!! The authorized representative is not only authorized to collect documents, but also to perform actions that are necessary for privatization. If redevelopment of the apartment is planned, the authorized representative also has the right to collect signatures from neighbors.

How to issue a power of attorney for the privatization of an apartment: sample – About the garden and house

Privatization of housing is a lengthy process, but knowing how to issue a power of attorney for the privatization of an apartment , you can entrust this matter to an experienced specialist to save time.
Depending on its type, privatization can be entrusted completely (“turnkey”) or individual stages, for example, the collection of certain documents. The execution of a power of attorney and the actions of proxies are regulated by Art. 185 of the Civil Code of the Russian Federation. On behalf of incapacitated citizens and minors, it is drawn up by their legal representatives (Articles 28 and 29 of the Civil Code).

For the privatization of housing, a power of attorney differs from its other types; it is drawn up and registered by a notary or authorized persons under Art. 185.1 clause 2 of the Civil Code of the Russian Federation by officials.

The person who is trusted must have Russian citizenship, be legally capable and of legal age.

Reasons for transferring housing privatization functions

The reason for the complete or partial transfer of the scope of work on housing privatization may be:

• Lack of time;
• illness of the principal (inpatient treatment), study, vacation or work in another region or in another country;
• minority, incapacity;
• being in military service, in places of detention.

The process of housing privatization consists of performing many necessary actions:

1. collection of certificates and statements;
2. registration and submission of applications;
3. sending appeals to the municipality and the cadastral chamber;
4. ordering a technical plan for an apartment, submitting papers to Rosreestr, etc.

Executing powers of attorney to perform the one-time or special actions specified therein is relatively safe for the principals.

Types of powers of attorney

A power of attorney can be general, special or one-time. This is determined by the volume of instructions for the privatization of housing.

• One-time. According to it, the representative has the right to carry out one specific assignment, for example, submit documents to Rosreestr, receive one extract or certificate. This action is indicated in the power of attorney. Its validity period can be from several hours to one or two days.
• Special. It entrusts the execution of all documents and their submission for registration, but the transaction cannot be completed completely by a trustee. To receive an extract from the Unified State Register, the personal presence of the principal (or principals) is required.
• General. According to it, the trustee has the right to carry out the entire transaction from start to finish independently. The principal only needs to contact the notary once and draw up this document. You can entrust the work to an experienced lawyer, friend or relative.

A general power of attorney gives the representative the broadest powers. Fraudsters can use it to register the principal’s apartment in their name and sell it.

Valid for one year unless otherwise specified. The cost of registration is up to 5 thousand rubles. depending on the scope of powers delegated to the trustee.

The document must be drawn up strictly in accordance with the current rules (Article 166 of the Civil Code of the Russian Federation): details of the parties, date, signature of the principal are indicated. The right to transfer certain stages is also required to be indicated (Article 187 of the Civil Code). The power of attorney is certified by a notary.

Usually the tenant and his family members participate in the privatization of an apartment. In this case, it is advisable to issue one power of attorney from all persons participating in the privatization.

How to apply

To issue a power of attorney for the privatization of housing, the principal, with or without a representative, approaches a notary, having passports and their photocopies in hand. The notary must verify the free will of the principal, his capacity and legal capacity. To issue a power of attorney, you do not need to present documents for the privatized apartment.

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The document is drawn up according to the requirements of the rules given in Art. 166 Civil Code. It must indicate:

1. Date and place of compilation.
2. Full name and passport details of the person who entrusts the representative with the privatization of housing.
3. Full name, passport details of the person entrusted with the performance of duties.
4. Detailed powers that the principal entrusts to the authorized person (in detail).
5. Validity period (required).
6. Information about the notary (his details and passport details).
7. Signatures of the principal, notary, transcript.

In order for the principal to be able to control the activities of the representative, it is necessary to indicate specific actions that he must perform when registering ownership of housing, for example:

• notification and obtaining consent of all persons privatizing the apartment;
• preparation of certified applications for privatization or refusals from it, their certification by a notary;
• collection of all documents for housing (technical plans, cadastral passport, etc.);
• submitting an application to the municipality;
• obtaining signatures on contracts for the transfer of housing ownership;
• submission of a package of prepared documents to Rosreestr;
• obtaining extracts from the Unified State Register for each co-owner, etc.

The principal must independently fill out the power of attorney form in the presence of a notary. At the same time, he should carefully read its full text and find out from the notary if anything is unclear. The document is assigned a unique number in the register, by which it can be found at any time.

Art. 185.1 of the Civil Code gives the right to heads of colonies, commanders of military units, ships, aircraft, head doctors of hospitals, social institutions to certify powers of attorney, including general ones.

What is the price

The cost of transfer of powers consists of the amount of state duty approved by the state under Art. 333.24 clause 1.1 of the Tax Code of the Russian Federation (200 rubles) and notary fees for technical work.

These prices differ in different regions and range from 1–5 thousand rubles.

If the principal is not able to visit the notary on his own, he invites him to his home, paying additionally for travel, accommodation, food, and other expenses associated with leaving.

Conclusion

Privatizing an apartment by proxy is the best option if you don’t have enough time for this. The parties to a general, special or one-time power of attorney are the principal and his representative (attorney).

The document may grant the authorized person the right to delegate the performance of certain actions in the order of delegation to other persons. The power of attorney is certified by a notary or another authorized person.

The cancellation of this document is also carried out through a notary.

Read also: Privatization of an apartment in 2018: latest news, where to start

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Contents of the power of attorney for the privatization of an apartment

According to the legislation of the Russian Federation, a power of attorney for an apartment does not have a strict form and is drawn up in free form, but for legal force, certain points must be indicated in the power of attorney, such as:

• Data of the persons who enter into the contract, namely passport data and information about the place of registration;
• List of transferred rights. It is important to indicate which authorities the principal is authorized to contact;
• Date of document preparation;
• Duration of the power of attorney;
• The power of attorney must include a receipt from the principal that he has been notified of the consequences of the powers delegated to him.

Important!!! The list of rights transferred to the authorized person must be drawn up more precisely, indicating all the rights and bodies to which the authorized person will apply.

The power of attorney is issued by a notary, so it is also necessary to indicate the details of the notary who certified the power of attorney for privatization. The document must be drawn up on special paper, which is available in every notary company, then I register the power of attorney in the registry, and the principal pays for the service provided.

In order to issue a power of attorney to privatize an apartment with a notary, you must provide a certain package of documents:

• passports of the persons who enter into the contract.
• documents for the privatized apartment: BTI certificate establishing the right to living space; an agreement for the purchase of real estate or an agreement of exchange, gift or inheritance.
• data on the redevelopment of living space or lack thereof.
• certificate about the number of people registered in the apartment.
• certificates from utility services about the absence of debt.

Sample. Power of attorney for privatization of an apartment – ​​Powers of attorney: samples of completion

1. Sample. Power of attorney on privatizationapartments
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   power of attorney is the place where the notarial act is performed (in words). date of the notarial act (in words). I, gr...

3. Sample. Statement of consent to privatizationapartments
   Protection of property rights → Sample. Application for consent to privatize an apartment

   application for consent to the privatization of an apartment in the city from gr. (full name) address: application (place and date of application in words) ...

4. Power of attorney for registration of inheritance apartment
   Powers of attorney: samples of completion → Power of attorney for registration of inheritance for an apartment

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5. Contract of sale apartments By powers of attorney
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   ...name, patronymic, address of permanent residence or primary residence of the authorized person) acting on the basis of a power of attorney (indicate the details of the power of attorney - number, date, notary), hereinafter referred to as the “seller”, and, ...

6. Statement of claim for the obligation to transfer ownership (in the order privatization) departmental apartment
   Statements of claim, complaints, petitions, claims → Statement of claim for the obligation to transfer ownership (by privatization) of a departmental apartment

   ... state: defendant: location of the statement of claim for the obligation to transfer into ownership (by way of privatization ) a departmental apartment I, , live at the address: (full name of the plaintiff). (copies of an extract from the house register, personal account...

7. Power of attorney for redevelopment apartments
   Powers of attorney: samples of filling → Power of attorney for redevelopment of an apartment

   power of attorney for redevelopment of an apartment Moscow city, Russian Federation date in full...

8. Sample. Power of attorney to represent the interests of the shareholder at the general meeting of the joint-stock company (sample)
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9. Sample. Revocation Application powers of attorney to represent the interests of the shareholder at the general meeting of the joint-stock company (sample)
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   ...nomination of a joint stock company) from the shareholder (full name or name of a legal entity), I declare the revocation of my power of attorney for shares - issued by me “” 20 in the name of gr. to participate in general meetings of the joint-stock company. start...

10. Sample. Power of attorney for representation in housing cooperatives
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    for representation in housing power of attorney , Moscow, January 3, one thousand nine hundred and ninety. I, gr. Alexey Sidorovich Markov, resident: Moscow...

11. Sample. Power of attorney to receive a document
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14. Sample. Power of attorney to buy items from a pawn shop
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15. Sample. Power of attorney for exchange of living space
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Sample of writing a power of attorney for the privatization of an apartment

What documents are needed to issue a power of attorney for the privatization of an apartment?

To draw up an act for re-registration of an apartment, you need the following:

• identification documents;
• birth certificate and passport;
• data from the house register;
• certificate from the BTI;
• social rental agreement;
• financial and personal account;
• a warrant for an apartment, or in the absence of one, a permit for re-registration, which is issued by the housing commission;
• power of attorney certified by a notary;
• check for payment of state duty.

There are situations when other documents may be required, such as:

• refusal of one of the family members to privatize;
• documents on changing the last name and first name of a person participating in privatization.

Documents for the privatization of residential space are required in every city of the Russian Federation and without them you will not be able to achieve the desired result.

FAQ

Question No. 1. Determination of a power of attorney for the privatization of an apartment.

Answer: A power of attorney is an agreement concluded between the owner of the apartment and a citizen of the Russian Federation who is the principal. This document gives the right to the authorized person to collect the necessary documents for the privatization of the apartment and submit them to the relevant authorities.

Question No. 2 Main actions during privatization

Answer: In order to formalize privatization correctly and without contradicting the law of the Russian Federation, you must follow the following order:

1. Decide who will conduct the entire privatization process; if several family members have ownership rights, then it would be more prudent to issue a power of attorney for registration for one person, then everyone else needs to write a refusal to formalize the documents and have it certified by a notary.
2. Next, you need to collect a package of documents for the privatized apartment and submit it to government agencies.
3. Signing an agreement on transfer of property with government agencies
4. Payment of state duty
5. Registration of the agreement in the Russian Register
6. Obtaining ownership

Power of attorney for privatization of an apartment: procedure for registration and sample document

Find out on our website how to determine whether an apartment has been privatized, where to start the privatization process, who can privatize the apartment, how to privatize if the order is lost or there are debts on utility bills. And also, what are the terms of free privatization and how much will it cost later.

When is a power of attorney needed?

A power of attorney is a special document with the help of which one person can act as a proxy for another, performing all necessary actions in his place. In particular, fulfilling legal duties. This is stated in Article 185 of the Civil Code of the Russian Federation.

Considering the above, a power of attorney should be issued in cases where a person cannot or does not want to deal with the problem on his own:

• No time.
• Disease.
• Out of town.
• Incompetent or minor.

Often, a power of attorney is issued by those people who can carry out privatization, but do not understand (and do not want to understand) how exactly they do it. In general, you should work through a power of attorney in any situation where the possible costs of its preparation will be less than the loss of time or money if you deal with the issue yourself.

Example : A tenant works in a prestigious office and receives 10 thousand rubles a day. If he misses one day, he will not receive his money. And with privatization, you need to lose not just one day, but several weeks, or even months. In such a situation, it is much more profitable for him to pay for the power of attorney and the work of another person, so as not to deal with the problem himself.

A power of attorney can be drawn up for each situation separately, but only if it states the reason for its execution. Experts recommend doing just that, since this approach significantly limits the trustee, thereby giving the trustee more control over the situation.

FAQ

Question No. 1. Determination of a power of attorney for the privatization of an apartment.

Answer: A power of attorney is an agreement concluded between the owner of the apartment and a citizen of the Russian Federation who is the principal. This document gives the right to the authorized person to collect the necessary documents for the privatization of the apartment and submit them to the relevant authorities.

Question No. 2 Main actions during privatization

Answer: In order to formalize privatization correctly and without contradicting the law of the Russian Federation, you must follow the following order:

1. Decide who will conduct the entire privatization process; if several family members have ownership rights, then it would be more prudent to issue a power of attorney for registration for one person, then everyone else needs to write a refusal to formalize the documents and have it certified by a notary.
2. Next, you need to collect a package of documents for the privatized apartment and submit it to government agencies.
3. Signing an agreement on transfer of property with government agencies
4. Payment of state duty
5. Registration of the agreement in the Russian Register
6. Obtaining ownership

St. Petersburg, Leningrad region call: +7 (812) 467-36-24

From other regions of the Russian Federation call: +7 (800) 333-49-12

Several residents

In the case of the privatization of an apartment or other housing, a situation often arises in which there may be several users of premises who have the right to live here on the basis of a concluded social tenancy agreement or other similar documents. In such a situation, they all must agree to draw up a power of attorney, otherwise the representative simply will not be able to perform all the necessary actions.

Example: According to general rules, all residents must be present when signing a privatization agreement. As a result, if at least one of them did not participate in the execution of the power of attorney, the representative will not be able to move further.

A prisoner

People serving sentences also participate in privatization, but in the vast majority of cases they do not have the opportunity to deal with the problem personally or find a notary in their immediate environment (at least one who has the right to practice). In such a situation, they can contact the head of the colony. There is only one alternative option: go to the place of detention with a notary, arrange a meeting and draw up a power of attorney directly during the meeting.

Serviceman

In the case of military personnel, the situation is in many ways similar to the prison option.

The only difference is that the notary can be certified by the immediate commander of the unit (who is usually easier to reach than the head of the colony).

In addition, military service implies at least occasional dismissal, in which a power of attorney can be issued. Well, the option of personally visiting a person liable for military service has not been canceled.

Decor

In order to draw up and certify a power of attorney, you need to contact the selected notary. The procedure requires the participation of both parties to the contract being concluded. Everyone must present their civil passport.

If a citizen executing a power of attorney cannot visit a notary’s office, a specialist is called to his home or the place where he is located due to circumstances. This may be necessary, for example, if one of the participants is being treated in a hospital.

It is not allowed to have the document certified by the housing department or the settlement administration - it will not have any legal force .

Disadvantages of a general power of attorney

The problem with working through a general power of attorney is increased risks. If there is no specific formulation of what the representative should do and in what order, then there is always a small probability that the person will use the acquired rights not in the interests of the principal, but to solve his own problems.

• Risk . An unreliable representative, when a general power of attorney is issued to him without clearly indicating specific actions (and this is what is usually done), may try not only to privatize the property, but also to re-register it in his name. This problem will not occur when working with experienced specialists.
• Price . A general power of attorney is more expensive than other types.
• Term . This type of document is issued for a maximum of 1 year, which is why a person may simply not have time to complete all the actions (of course, provided that he does not do this only purposefully).