A document that transfers the powers of one person to another (the person can be either an individual or a legal entity). The document is drawn up in accordance with the requirements put forward by the Civil Code of the Russian Federation. Sometimes it must be certified by a notary office.
It must be filled out in writing, in any form, but some points must be indicated without fail:
- Date (without it, the document is considered void and will not have legal force);
- Place of compilation;
- List of powers that are entrusted to the specified person;
- For an individual – signature of the principal;
- For a legal entity - the signature of the head of the enterprise certified by the production seal.
It is imperative to indicate all information about the principal and the trusted person, in order to avoid misunderstandings that may arise later (exact passport details so that it is not expired; for legal entities - TIN, legal coordinates of the enterprise).
All numbers printed in documents must be written in numbers and in words. The validity period cannot be longer than 3 years. If it is not specified, the temporary validity will last one year.
In what cases is a general power of attorney required for an apartment?
According to the Civil Code of the Russian Federation, all powers of attorney that require changes in the state register are certified by notary offices.
Any transactions with residential premises can only be carried out by a person who has the right to such transactions, i.e. this can be either the owner of the premises or a person who has a general power of attorney.
The owner, due to his employment, can entrust matters relating to certain real estate (in this case, an apartment) to another person for whom he draws up a general power of attorney.
For example, you need to perform a number of these actions:
- Collect the necessary package of documentation to perform certain actions (redevelopment of the premises, sale or exchange of an apartment, moving in or eviction of tenants);
- To transfer housing into ownership;
- To conclude contracts for the alienation of premises or purchase;
- To conclude transactions for various purposes;
- To obtain a loan from a bank, the collateral for which will be an apartment;
- To exercise the right to sign on behalf of the principal;
- Ability to manage and dispose of residential premises;
- To perform other actions.
Registration of a general power of attorney for real estate
Advice from lawyers:
1. To issue a General Power of Attorney for real estate, do you need an original certificate of ownership or is a copy sufficient? Thank you.
1.1. We need the original. Ask the notary if an extract from the Unified State Register is enough for him? The notary himself orders such an extract for a fee.
Did the answer help you?YesNo
1.2. You need the original certificate, where you are indicated as the owner.
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2. There is real estate that is still on Ukrainian documents. What documents are needed to obtain a general power of attorney for further registration of the cadastral number of the Russian Federation.
2.1. Contact a notary to draw up a Dover 6 value; notaries have samples of Powers of Attorney of various kinds, including the one you need.
Did the answer help you?YesNo
3. Can a person who has a general power of attorney for the sale of real estate, who has nothing to do with this real estate, register the house and land in his name, without the participation of the owner in the preparation of documents.
3.1. Hello! If there is a general power of attorney and it involves the disposal of the property of the principal, then it is quite possible.
Did the answer help you?YesNo
4. What documents are required to formalize a general power of attorney for the sale of real estate?
4.1. Good afternoon. You need a passport of the principal, passport details of the authorized person, and it is necessary to determine the scope of powers that the notary will certify in the power of attorney.
Did the answer help you?YesNo
5. Agreement for the exchange of real estate under a general power of attorney. Is it possible to register an apartment in the name of this authorized person or only in the name of the owner?
5.1. Only for the owner (principal)
Did the answer help you?YesNo
6. I have a general power of attorney from a relative, which lists all the transactions that I can perform, including the purchase, sale and registration of real estate. Can I obtain consent from a notary under this power of attorney for the sale of the plot.
6.1. No. you can not. This authority must be specifically specified.
Did the answer help you?YesNo
7. Grandfather is in Rostov, but wants to buy an apartment in Krasnoyarsk. Can I use a general power of attorney to buy an apartment with registration of ownership rights to it? What features will be included in the purchase and sale agreement? Should my name be indicated in the contract as the person authorized to sign? Should the power of attorney specify the rights that are transferred to me from my grandfather to purchase real estate?
7.1. Your name as a trustee must be indicated.
Did the answer help you?YesNo
8. Is it possible for one person to give permission, under a general power of attorney, to another person so that he can register a cadastral number for his real estate and land, and then, on his behalf, deal with the sale of this real estate and land. Thank you.
8.1. Yes, you can issue such a power of attorney from a notary.
Did the answer help you?YesNo
8.2. Hello! Yes, it is possible if the power of attorney specifies the possibility of reassignment.
Did the answer help you?YesNo
9. How much does it cost to issue a general power of attorney for real estate in Blagoveshchenko (Altai Territory)?
9.1. Please contact the notary offices of Blagoveshchensk with this question.
Did the answer help you?YesNo
10. Is a birth certificate required when registering a general power of attorney to receive a pension and real estate transactions?
10.1. If you are drawing up a power of attorney for a close relative, then you need a lower notary fee.
Did the answer help you?YesNo
11. I would like to ask two questions at once. For what maximum period can a power of attorney be issued for real estate transactions? Does the concept of a general power of attorney exist today? What rights does a spouse have to real estate if it was acquired before marriage and was registered during marriage? Can I claim my share in case of divorce? Thank you in advance.
11.1. Hello. There are no time limits.
Did the answer help you?YesNo
11.2. The spouse, when property rights arise during the marriage (except for the contract of gift and inheritance), is subject to division between the spouses. As for the power of attorney, a special power of attorney is required for the sale of real estate.
Did the answer help you?YesNo
12. What type of power of attorney must be drawn up so that the authorized person can receive a lease agreement from the MFC on the basis of a power of attorney and register the transaction with the Federal Reserve System. Will the general one be suitable? Will it be accepted when concluding a real estate transaction?
12.1. Hello! A power of attorney is required to be notarized. Go to the notary - tell him what you want to entrust to the representative - the notary will correctly draw up the text of the power of attorney for you.
Did the answer help you?YesNo
13. Social worker security, I have issued a general power of attorney for a period of 1 year to register equity participation in real estate. How can I revoke this power of attorney?
13.1. In writing. Contact the notary who certified the power of attorney.
Did the answer help you?YesNo
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14. The general power of attorney is indicated... permission of legal transactions, including with an apartment and other real estate... The question is why the notary requires an address. EU apartments and documents for a garage, which makes it difficult (with a garage) to issue a general power of attorney.
14.1. The notary requires everything legally. A power of attorney is issued for a specific property.
Did the answer help you?YesNo
14.2. There is only an option - to make a power of attorney regardless of specific real estate. Simply the right to register real estate transactions from such and such a person. Then there will be no need to show real estate documents to the notary.
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15. What documents need translation to issue a general power of attorney for real estate if I have real estate documents in Ukrainian?
15.1. It is these documents that need translation.
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16. I have a question - My brother is a citizen of Ukraine, but also has a residence permit in Latvia. He currently lives in Spain. He wants to buy property in Greece. An apartment has already been selected, but since he cannot come to Greece to register it, he wants to make a general power of attorney for me (I live in Greece and have a residence permit). Where and how best to make a power of attorney, and what needs to be indicated in it. Thank you in advance.
16.1. At the place of residence, be sure to translate into Greek and indicate all the powers that are necessary for the trustee to purchase real estate. Explain to the notary why, everything will be formalized.
Did the answer help you?YesNo
17. My grandfather has incomplete documents on land ownership. plot and house. He wants my mother (his daughter) to do this, with the subsequent registration of this property in her name. Tell me, will it be enough to issue a general power of attorney for my mother so that only she can manage the property, because... does she have a brother who unfairly wants to own this plot of land with a house and a 2-room apartment, which remains for him in any case? Thank you in advance.
17.1. Hello. A power of attorney will be sufficient.
Did the answer help you?YesNo
18. What is the procedure for registering the purchase of real estate (a country house with a plot of land) does the seller have a Ukrainian State Certificate for the land and a BTI document for the building? In addition, I ask you to explain the possibility of registering the specified object under a general power of attorney.
18.1. A DCT is drawn up and the transaction is registered in the ROSS REGISTER. All this can be done by proxy.
Did the answer help you?YesNo
19. I wrote a general power of attorney to my son in 2012 for the right to manage and dispose of all my property. A month ago, I revoked my power of attorney and made a request to Rosreestr. The Rosreestr did not find any information on registration of property. Can the son register real estate under this power of attorney for himself or does he need a third party?
19.1. If the power of attorney is revoked, then any transaction under this power of attorney is void. Sincerely.
Did the answer help you?YesNo
20. Can a general power of attorney be the basis for issuing a certificate of title for real estate?
20.1. If the power of attorney indicates the appropriate authority, then you can make a transaction using it and receive a certificate of ownership.
Did the answer help you?YesNo
I gave my ex-wife a general power of attorney for all types of real estate owned by me, including sale.
I entered into an agreement to draw up documents for the ownership of a private store and the plot underneath it.
When entering into an inheritance, can I write a general power of attorney to my mother to register real estate in her name? I have already entered into the inheritance.
Correct preparation of a general power of attorney from me to my mother regarding the purchase,
I have a question for you: is it possible via the Internet or online to issue a general power of attorney for the purchase of real estate (garage)
I would like to ask you a question about a general power of attorney for the purchase of real estate (garage).
Please tell me, I want to buy a non-furnished apartment with a small plot of land,
I want to sell the store. There is no time to complete documents, the property is located in another city.
We live with our aunt in the same household. We have equal shares of ownership under the purchase and sale agreement.
Who and where should I contact to issue a general power of attorney for a person,
My brother made a general power of attorney for me to register his real estate.
Sample
A general power of attorney is drawn up in any form; there are no strict rules for its execution. The only thing that must be included is the date (without it the document will be considered invalid), signatures of both parties, certification and seal of a notary.
You can view a sample general power of attorney at the following link: sample
It should be remembered that there are several varieties:
- One-time – issued to perform one type of action;
- Special - permission to a certain person for a certain period of time to perform actions of one nature (for example, to receive payments from tenants for renting premises);
- General (general ) - provision to perform many different actions related to the management of the apartment, ending with the ability to dispose of it.
Where to apply for registration
In order to issue any power of attorney that concerns real estate, you must come to a notary office to have it certified.
You should take with you identification documents, be sure to be in full, you must enter all the detailed data of the authorized person (passport series, date of birth, residence and registration address - in general, everything that will not cause confusion later, for example, similarities in documents with another person).
Personal presence at the signing of the proxy is not required.
How to apply
In order to draw up a trust document, you need not only to fill it out according to the proposed sample, but also to do the following:
- Have it certified by a notary office;
- Collect witness confirmation for him;
- Determine the validity period; clearly and in detail describe all actions that are entrusted to a third party.
Any adult capable citizen or legal entity can act as a trustee. You also need to decide what type of power of attorney is needed.
The form can be written by hand, printed on a computer: in any case, it is drawn up in writing, a prerequisite is that it must be signed in person and be sure to indicate the date of preparation.
What is a power of attorney, its types
A power of attorney is a document that grants its owner to exercise a certain set of powers on behalf of the principal. To perform many actions, it is possible to draw up such a document in a simple written form (for example, for the right to drive a vehicle). Transactions with real estate through a representative can only be made with a notarized form.
Types of power of attorney depend on the scope of powers that will be granted to the representative:
- general power of attorney for an apartment - a complete list of powers to dispose of real estate and complete all related formalities;
- limited power of attorney - allows you to exercise only a strictly defined list of powers at certain stages of a housing transaction (for example, only collecting documents from authorized bodies).
Regardless of the scope of the powers granted, the execution of a power of attorney for the disposal of real estate will be carried out according to uniform rules. To do this, the principal and representative must contact any notary office and present their civil passports.
Only an adult capable citizen can act as a representative in real estate transactions. Only a legally capable person can issue a power of attorney - this fact will be verified by a notary when drawing up the document.
It is possible to draw up a document without the participation of a notary - such cases are expressly specified in the law (for example, an official of a local government body or the head of a correctional institution where the principal is serving his sentence).
To dispose of real estate, a general power of attorney is issued, which allows you to exercise a full range of powers on behalf of the owner of the apartment. In this case, the owner of the document receives the right not only to sign documents on behalf of the owner, but also to independently determine the terms of the transaction.
Step-by-step instruction
- To issue a general power of attorney, you must contact a notary. For this purpose, the principal and the authorized representative are required to have a passport of a Russian citizen;
- Discuss in advance and decide what exactly is entrusted to the trustee: complete disposal of the apartment or the performance of certain actions;
- In case of registration, you need to know that the principal can dispose of the entire property and sign for three years (unless otherwise provided by the contract);
- If you trust to perform certain actions with the apartment, it is better to issue a one-time power of attorney. In this case, the trust relationship will terminate immediately upon completion of the specified and agreed upon work;
- The power of attorney can be revoked at any time. If cancellation does not occur, then it will be valid for 3 years. This applies only to a general power of attorney.
What is a general power of attorney for an apartment?
A general power of attorney for real estate can be drawn up to provide another citizen with the rights to dispose of the principal’s property. It is usually done when the property owner is away for an extended period of time. Moreover, the trustee has the right to even mortgage or sell the property, and the transaction will be considered legal, as if it had been carried out by the owner himself.
The maximum validity period of this type of power of attorney is three years.
Please pay attention to the following nuances:
- A legal entity, for example, a real estate agency, can act as a trustee.
- If the principal really trusts his attorney, then he can grant him the right to conduct transactions on his behalf. Then he will be able to dispose of the property, just like the owner himself.
- The only exception may be the receipt of financial resources. It is advisable that this item be separately included in the power of attorney. Then no questions will arise during transactions.
Notaries are always suspicious of such transactions. A logical question arises: why the owner of the apartment does not sell it himself. Therefore, when drawing up a document, it is advisable to describe in as much detail as possible all the powers of the trustee. Typically, powers of attorney, under which the trustee has the right to receive funds for an apartment, are rarely drawn up. This happens when real estate needs to be sold, but the owner is not in the country.
It is important that the principal understands all the likely consequences of granting such a power of attorney. After all, he transfers all rights to his property to a third party and he will be able to dispose of it at his own discretion. There are only two restrictions:
- The apartment cannot be given as a gift. In order for the trustee to have the right to donate real estate, this point must be described in detail in the power of attorney document itself.
- The apartment cannot be bequeathed. By law, the owner of the property does not change. Accordingly, it is his heirs who will have rights to this property.
To avoid the risk of running into scammers, it is better to contact professional lawyers. You can consult with lawyers online on our website.
What rights does it give?
A general power of attorney gives the authorized person the right to:
- Dispose of and manage entrusted real estate.
- Carry out various operations and transactions with her.
- Leave it as collateral.
- Register a business at the address of this apartment.
- Represent the interests of the principal regarding this property in court.
- Sign various agreements and contracts.
- Carry out any other actions on behalf of the co-owner of the apartment.
Transactions concluded by proxy are always a big risk for the buyer, since there is a high probability of running into a fraudster.
In simple terms, the trustee receives the same rights that the owner of the property has. Although such transactions can later be declared illegal, by that time the attackers may have time to escape with all the financial assets.
Risks
According to experts, buyers are very wary of purchasing residential premises from people who work by proxy. It is in such situations that deceptive transactions associated with fraud occur. Forms of documents are very often forged and a forged signature is placed on them.
For the seller of a residential property, it is considered a big risk that the buyer, after signing all the documents, may not pay the money in full, and a trusted person must be responsible for all the nuances.
An apartment owner may risk finding a legally illiterate realtor. In this case, the apartment will quickly fall into the hands of scammers, and it will be very difficult to return it.
In what cases is a power of attorney invalid?
There are cases in which a power of attorney may be invalidated:
- It may be recognized as such by a court decision:
- The person to whom the document is issued is declared legally incompetent;
- The design contains abbreviations of words, corrections, and there is no date;
- If the transaction is concluded with a minor;
- If the trust document is made only for appearance, in reality a different transaction was made.
When making transactions under a power of attorney, various troubles and nuances may occur, but if it is drawn up correctly with a detailed indication of fiduciary actions , while maintaining control over what is happening, then everything will go smoothly and without unforeseen troubles.
Existing risks
The transfer of powers to dispose of property, especially under a general power of attorney, is always accompanied by certain risks for the principal.
In fact, a general power of attorney gives the attorney fairly broad powers to dispose of property. For example, he has the right to conclude almost any real estate transaction on behalf of the principal.
Moreover, such transactions are often made on absolutely unfavorable terms for the principal. For example, an apartment can be sold at a price much lower than its owner originally expected.
⚠️In order to minimize all risks, it is best to clearly specify in the text of the power of attorney the actions that the representative must perform.
It should be taken into account that if the power of attorney has been revoked, then the authorized person does not have the right to make any transactions in relation to the property under it. If, nevertheless, the transaction was completed, it may be declared invalid if it subsequently turns out that the power of attorney was revoked at the time of its conclusion. Therefore, the buyer of real estate (tenant, etc.) should find out whether the document is valid or not before concluding an agreement under a power of attorney.
