Notarized power of attorney for registration of property rights. Registration of ownership of an apartment by power of attorney

What is a general power of attorney?

A general power of attorney is a document under which the authorized person has a number of powers. According to Art. 185.1 of the Civil Code of the Russian Federation, this type of documentation is subject to mandatory notarization.

Actions under a general power of attorney always entail changes to state registers. For example, if a trustee is authorized to conclude a purchase and sale transaction, in the future it will be necessary to make adjustments to the Unified Register of Rights to Real Estate.

In essence, by issuing a general power of attorney for property, the owner transfers the right to dispose of it to a third party. It can act within the text of the paper at its discretion.

The only thing that remains inaccessible to the trustee is the execution of a deed of gift or will. It is possible to donate property using this document only if the text of the document directly states not only the right to perform this legal action, but also the data of the donee. In the case of a will, there are no exceptions - only the owner can write it.

Types of document

In accordance with the provisions of the Civil Code of the Russian Federation, it is possible to issue a power of attorney in three different versions:

One-time. Its effect remains for the specified period. It is used to significantly limit the rights of the attorney by providing him with the opportunity to perform only a certain action.
Special. The range of powers of the attorney is limited to the list given in the document. If unforeseen circumstances arise, when an expansion of the range of powers is required, it is necessary to use additional documentation.
General. Grants the trustee a virtually unlimited range of rights to carry out any kind of transactions. In order to protect the interests of the owner of property assets, the law allows the cancellation of a previously drawn up document by the principal at any time and in the absence of compelling reasons.

A special power of attorney is positioned as the most popular and sought-after document, as it limits the range of powers of the trustee and prevents dishonest actions on his part.

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.

Peculiarities

A power of attorney for registration of a land share or plot is a document that is valid in the legal sphere, granting the right to a third party, who is actually a third party, to assume obligations on behalf of the owner as part of registration transactions.

It is important to take into account that responsibility for solving the problems of the financial spectrum rests with the person who is actually the owner .

The rules for drawing up a power of attorney, use, as well as the range of actions of the trustee limited by law are defined and regulated by the norms of Chapter. 10 Civil Code of the Russian Federation.

Within the legal spectrum, the relationship between the parties is effectively considered gratuitous . But the law does not derogate from their right to independently determine the cost of the procedure for delegating property rights.

How to issue a general power of attorney?

To complete the required documentation, you must contact a notary office. In this case, only the owner must be present. The authorized person may not appear.

The only documents required are the passports of the current persons. What is needed is general passports; other identification documents will not be suitable.

The text of the documentation is prepared by a notary. The document must contain clear wording regarding the type of power of attorney and permissible actions of the authorized representative.

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How much does a general power of attorney for real estate cost from a notary?

The cost of a power of attorney at a notary office depends on its type and the scope of the notary’s work. In addition, you will need to pay a state fee of 200 rubles.

A general power of attorney will cost at least 2,000 rubles. A one-time or special one will be cheaper - from 700 to 1500 rubles.

It is also worth considering that you will need to formalize the transaction with the participation of a notary. In this case, you will additionally need to pay about 10,000 rubles for technical work and state fees.

General power of attorney for real estate with the right to sell - nuances

Drawing up a general power of attorney with the right to sell has its advantages, disadvantages and caveats. For example, you should not issue such a document to a realtor. For a specialist hired as a legal assistant and accompaniment of the transaction, a special or one-time power of attorney is sufficient. Both will be enough to collect papers and transfer the advance payment.

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Be extremely careful! There are often scammers among realtors and real estate agents. The deception scheme used is as follows: a person receives a power of attorney with the right to collect and submit the necessary documentation. Then, the title papers are duplicated, the owner's signature is forged, and the property becomes the property of another person. After this, buying and selling takes place.

In order not to take risks, issue a power of attorney with the right to sell only to those people whom you really trust. It is established by law that an authorized citizen will not be able to sell an apartment, house or plot to himself. However, he may well do this in favor of his accomplice.

Buyers are very skeptical of owner trustees. Everyone is afraid of scammers, so it is better if the owner participates in the transaction without intermediaries.

However, sometimes there is no other way out but to involve a trusted person. But even in this case, it is rarely possible to remain completely aloof. Buyers will most likely require at least one meeting with the owner to verify its real existence.

What does a general power of attorney look like?

This document is an A4 sheet. It has the following structure:

At the top is the name of the document “General Power of Attorney”, place and date of issue. Without a date, the paper has no legal force.
Then the personal data of the parties and information about the transferred object are indicated.
The specific powers that the trustee receives are prescribed.
The validity period of the paper and information about the presence or absence of the right of subrogation are indicated.
The principal's personal signature is affixed, after which the document is certified by a notary.

The notary's signature indicates that the document was drawn up in his presence and he verified the legal capacity of the principal.

The text of the document contains the following information:

date and city of issue;
details of the principal and authorized representative - full name, date of birth, place of permanent registration, passport details;
identification information about the property;
validity period of the document;
personal signature of the owner.

A general power of attorney is always drawn up in writing. The text of the document must contain an exhaustive list of powers of the representative of the property owner. When there are several owners, you must indicate all of them.

Sample

The notary begins to issue a power of attorney after verifying the identity and checking all documents. The document is drawn up on the letterhead of a notary's office, the principal and the authorized representative put their signatures, then the notary certifies the executed power of attorney.

Only after this the document receives legal force. From this moment on, the representative has all the powers specified in the document:

preparation and execution of the necessary documentation on behalf of the owner;
payment for services of third-party companies;
submission of documents to government services for property registration;
obtaining an owner's certificate;
performing other actions specified in the power of attorney.

You can draw up a power of attorney for a house or land plot yourself, before contacting a notary office. A sample power of attorney form is presented above for your reference.

A power of attorney for registration of ownership of a plot of land is a document that is drawn up by one participant in the name of another, so that the latter represents his interests as a trustee before third parties (enterprises, institutions, organizations).

It must be filled out in accordance with the established form. According to the current Russian legislation, a power of attorney can be drawn up in ordinary written form, and in some cases (including by agreement of the parties) certified by a notary.

Various power of attorney templates have been developed, depending on the tasks that need to be performed by the authorized person and the area where the entrusted actions will be performed.

Some power of attorney forms, taking into account the specific application of the document, must be notarized. That is, the document must be drawn up through a notary.

Expert opinion

Makarov Igor Tarasovich

Legal consultant with 8 years of experience. Specialization: criminal law. Extensive experience in document examination.

A power of attorney to carry out certain actions on behalf of a person, on the contrary, does not require notarization, since, according to legislative norms, they have legal force even without their registration in a notary’s office.

If we are talking about a legal procedure such as registration of a plot of land, the power of attorney requires notarization.

In rural settlements, where there is difficulty with the availability of notarial services and, as a result, their cost is set much higher, the heads of local municipalities have the functions of performing notarial actions.

Simply put, you can contact the head of the village council directly, who is authorized to resolve the issue with the power of attorney.

The text of the power of attorney may involve various variations, due to the wide choice of possibilities for indicating available actions and the list of rights of the person who is the power of attorney.

For example, the terms of a power of attorney may only imply the right to transfer certain documents to designated government agencies or private organizations for review, or the right to receive and transfer documents to the relevant structures. Additionally, the right to pay fees and other appropriate payments may be stipulated.

A separate clause in the power of attorney may determine the right of the trustee to represent the interests of the principal in judicial authorities, in matters related to the preparation of documentation on a land plot in the name of the principal.

After the text of the power of attorney, it is imperative to provide a clear space on the same side where the text ends. It is necessary for affixing a certification inscription by a notary or a person replacing him.

The power of attorney must be signed in the direct presence of a notary (the person replacing him, authorized to perform notarial acts).

He marks the document with specific wording, records the data on the executed power of attorney in the current accounting register of powers of attorney, and then puts his personal signature on the document, sealing it with an official seal.

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Duration of the general power of attorney

The validity period is usually specified in the text of the document being drawn up. Rarely can it exceed three years.

If the validity period is not specified, the power of attorney is considered valid for one year from the date of execution. When there is no date of preparation, the document has no legal force and, therefore, is invalid.

In some cases, a durable power of attorney may be issued. However, notaries agree to certify such a document extremely rarely.

The authorized person has the right to transfer his powers to another person, unless otherwise provided by the text of the document. The validity period of the document confirming the sub-authorization cannot be longer than the validity period of the main document.

Sample. Power of attorney for disposal of a residential building