What rights does a general power of attorney for an apartment give in 2021: sample, step-by-step instructions for registration, price and risks

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Privatization of a municipal apartment takes a lot of time and effort. Instead of doing everything themselves, many people draw up a notarized power of attorney for privatization. The representative indicated in it assumes responsibility for transferring the housing into private ownership. Legal actions are performed strictly in the interests of the principal, i.e. one who has issued a power of attorney and transferred part of his powers to another person.

The document is drawn up in accordance with the rules: the absence of a signature, details of the parties or a violation of the structure makes the power of attorney void. Therefore, problems may arise with privatization.

How to write a power of attorney for the privatization of an apartment? Does it need to be certified by a notary? What documents are needed for this? We will examine these and other pressing issues in our article.

In what cases is a power of attorney needed?

Privatization of municipal housing involves the participation of interested parties who are indicated in the social tenancy agreement and have rights to registration. Usually there are several such citizens: the employer and his family members. The apartment is transferred into ownership on the basis of shared ownership. The privatization agreement is signed by all parties to the transaction (see “Who has the right to privatize an apartment”).

But what if they don't have time for this or are unable to sign due to physical illness?

This is why a power of attorney exists - a document issued by the principal in the name of the attorney for the purpose of fulfilling legal obligations (Clause 1 of Article 185 of the Civil Code of the Russian Federation). One of the responsibilities is considered to be the privatization of an apartment in the interests of the principal. However, permits can be different: to drive a vehicle, to sign, to receive goods, to register with the traffic police, etc.

When can you issue a power of attorney for the privatization of housing:

If there is a lack of time (for example, due to being busy at work);
Being treated in a hospital (in case of illness);
Stay in another city or abroad (work, study, vacation);
Minor age.

Situations may be different, but the main ones are presented above. A separate power of attorney must be drawn up for each reason.

Example: A woman who is in the last months of pregnancy is participating in privatization. If a woman in labor cannot personally collect documents and sign an agreement with the administration, she can write a power of attorney to a notary, lawyer, spouse or third parties. The reason is staying in the maternity hospital. If a man who is away due to rotational work participates in this privatization, he must draw up his permission - choose a representative and entrust him with conducting the privatization in his favor.

How to issue a power of attorney for the privatization of an apartment: sample 2021

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.

Legal requirements for the document

Is it possible to privatize an apartment by proxy? According to Article 185 , Part 1 of the Civil Code of the Russian Federation, a transaction for the privatization of housing is among the transactions that require a notarial form.

A document certified by a notary gives the right to an authorized person to act on behalf of a citizen in preparing and signing a privatization agreement.

A power of attorney is a two-sided document concluded between the Principal and the Proxy. According to the Law “On Privatization...” No. 1541-1, the principal can only be a citizen of the Russian Federation.

A power of attorney for privatization is a special document that has significant differences from other papers of the same type. For example, if parents have a power of attorney to carry out any actions on behalf of a child over 14 years old, then it will not be suitable for the privatization procedure.

It will be necessary to draw up a special form of paper listing the powers and government agencies to which the parent can apply.

You can learn about whether it is possible to privatize cooperative, service housing and a military serviceman’s apartment, as well as in what cases the privatization procedure may be refused from our articles.

Power of attorney for registration of privatization of an apartment

The power of attorney is drawn up taking into account the requirements of the law. Any inconsistencies will lead to the document being declared invalid (Article 166 of the Civil Code of the Russian Federation), as well as all actions performed by the representative. Including the fact of privatization.

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Parties details	Full name and passport details of the principal and authorized representative.
Dates and deadlines	The date the document was drawn up, the start date of its validity (if they differ) and the validity period.
Authority	Specific powers that the representative receives.
Registrar	Information about the registrar-notary. He provides this information independently.
Signatures	Signatures of the parties, including the notary.

A power of attorney can be drawn up either by a representative or principal, or by a notary on their words. The last option is more convenient because it allows you to avoid many mistakes.

Sample

Despite the fact that privatization itself is free, the services of a notary are not free of charge, so you will need to incur some expenses for issuing a power of attorney. In different notary offices and different notaries, the cost of such services varies in cost and averages approximately 1,500 rubles.

It may be necessary for a notary to visit the place of residence or location of the principal, in which case the cost of registration will increase slightly.

In general, drawing up and issuing a power of attorney, in particular for the privatization of living space, is an extremely responsible matter.

Incorrect execution or certification/lack of certification threatens the invalidity of the power of attorney.

An inaccurate or incomplete indication of the list of delegated powers in a power of attorney entails the impossibility of performing the entire required range of actions on behalf of the principal.

In shares

It is possible to carry out privatization in Moscow in person or by entrusting privatization activities to a trusted person.

When drawing up a power of attorney for privatization, you need to be aware of some nuances.

What it is

Privatization is the transfer of ownership from the municipality to a private person living on the property under a social tenancy agreement.

A power of attorney for privatization is a document that confirms that one of the privatization participants trusts another person to represent his interests in the re-registration process.

It became possible to re-register real estate after the collapse of the Soviet Union. In 1991, a privatization law was adopted.

The entire process of housing privatization is quite lengthy, because the review of documents itself takes two months, and these documents still need to be collected, which will require a lot of effort, patience and time.

Any citizen of the Russian Federation who is registered in a municipal apartment can privatize real estate.

As a right to use square meters, there is a certain document - a social tenancy agreement.

Minor citizens from 14 to 18 years old can also participate in privatization. Children under 14 years of age participate with their parents or guardians.
Those persons who temporarily reside in another place do not lose their rights to privatization, for example, if a person serves in the army or is in prison.

You can privatize not only apartments, but also other real estate objects, for example, the example of re-registration of a land plot located under your own building, a garden plot, or a garage is quite acceptable.

The privatization process consists of several stages.

Step-by-step instructions for re-registration of real estate under the privatization program look like this:

Coordination of the decision on privatization with all persons registered at the site.
Collection of necessary papers.
Writing an application for privatization and submitting all papers.
Waiting for a decision from the authorities within two months.
Obtaining a privatization agreement and registering property rights in Rosreestr.

During all stages you will need to visit:

Management company.
BTI.
Passport Office.
Lived department under the administration of the municipality.
Registration Chamber.

In 2021, a more simplified example of going through the entire process of apartment privatization is possible with the involvement of multifunctional centers that have become popular in recent years.

Since 1991, the legislation of the Russian Federation has provided citizens with the opportunity to privatize housing free of charge.

However, not every citizen is able to engage in the privatization procedure due to some circumstances - lack of time, skills, knowledge, etc. To solve the problem, the law provides for the transfer of powers from one person to another - a power of attorney.

A power of attorney is a document drawn up by a citizen (principal) and authorizing a second person to perform the actions specified in it on behalf of the principal. Only a citizen of the Russian Federation acts as a principal.

A power of attorney for the privatization of an apartment is a document giving the right to another person to deal with the procedure for obtaining ownership of housing on behalf of its owner.

There are several types of power of attorney: one-time, special and general. If the principal trusts another person to perform one-time actions, then in this case a one-time power of attorney is written. An example is a power of attorney to receive a document from a government agency.

If a citizen requires someone to collect and prepare the necessary papers for him to submit to a government agency, then in this case a special power of attorney is drawn up.

The document requires another person to perform certain actions within a specified period of time.

We suggest you read: Contract for exchanging an apartment for a house

Source: https://tbti.ru/dokumenty/doverennost-na-privatizaciyu-cena.html

In what cases is a power of attorney needed?

But what if they don't have time for this or are unable to sign due to physical illness?

When can you issue a power of attorney for the privatization of housing:

If there is a lack of time (for example, due to being busy at work);
Being treated in a hospital (in case of illness);
Stay in another city or abroad (work, study, vacation);
Minor age.

Situations may be different, but the main ones are presented above. A separate power of attorney must be drawn up for each reason.

Example:

A woman who is in the last months of pregnancy is participating in privatization.

If a woman in labor cannot personally collect documents and sign an agreement with the administration, she can write a power of attorney to a notary, lawyer, spouse or third parties. The reason is staying in the maternity hospital.

If a man who is away due to rotational work participates in this privatization, he must draw up his permission - choose a representative and entrust him with conducting the privatization in his favor.

Types of powers of attorney

There are several types of powers of attorney:

One-time - involves performing a single operation in the interests of the principal (for example, submitting a package of documents for privatization to the Housing Services Department of the Ministry of Defense of the Russian Federation);
Special – obliges the attorney to perform homogeneous legally significant acts (for example, request a certificate for transferring an apartment into private ownership);
General (general) – empowers the trustee to carry out any actions related to the privatization of municipal housing.

There are other, less popular powers of attorney - with and without the right of substitution (Article 187 of the Civil Code of the Russian Federation). Example: delegating a number of functions to a lawyer or notary. Information about this is indicated in advance in the original document.

Documents for registration of a power of attorney

The drafting of a document is subject to general rules. The parties must express a desire to issue a power of attorney. Only in case of mutual benefit do they turn to a notary.

What documents will be needed:

original + copy of the principal's passport;
a copy of the authorized person’s passport (sometimes passport data written down on paper is sufficient).

Executing a power of attorney for the privatization of an apartment does not require documents for housing (for example, as when buying and selling). Copies of passports of both parties are sufficient.

Types of powers of attorney

There are several types of powers of attorney:

One-time - involves performing a single operation in the interests of the principal (for example, submitting a package of documents for privatization to the Housing Services Department of the Ministry of Defense of the Russian Federation);
Special – obliges the attorney to perform homogeneous legally significant acts (for example, request a certificate for transferring an apartment into private ownership);
General (general) – empowers the trustee to carry out any actions related to the privatization of municipal housing.

Is it possible to privatize an apartment using a general power of attorney?

Privatization requires applicants to perform several legal operations: collecting documents, drawing up applications, contacting the BTI, administration, Rosreestr, ordering a technical plan and many others. If you can submit a request yourself, but do not want to collect information, it is better to issue a special power of attorney. However, if you need to privatize an apartment, as they say, “from” and “to”, you can draw up a general document.

Expert opinion

Semyon Frolov

Lawyer. 7 years of experience. Specialization: family, inheritance, housing law.

The main difference between a general power of attorney and a one-time and special power of attorney is the legal powers of the attorney. The representative has the right to perform any actions, sign, and request documents. The duties of the trustee are specified in the general power of attorney. Lawyers advise not to limit yourself to a general formulation like “take action to privatize an apartment”, but to indicate specific responsibilities.

For example, an attorney undertakes...

notify other privatization participants;
prepare applications/notarial waivers;
collect documents for an apartment, housing;
submit an application to the administration;
sign the real estate transfer agreement, etc.

This makes it much easier to control the actions of the attorney, and in case of excess of authority, to immediately stop his activities.

A general power of attorney is much more extensive than the others, but there are also disadvantages to using it:

Risks - the powers of a general permit are much broader than those of a regular permit - this is freedom for scammers who can re-register an apartment in their name and then sell it to third parties;
Cost - on average from 3,000 to 5,000 rubles (depending on the region);
The validity period is only 1 year, unless otherwise stated in the document.

But at the same time, a general power of attorney allows you to privatize an apartment without the participation of the main applicant. For example, someone who is abroad, undergoing treatment, or on vacation.

Sample power of attorney for privatization of an apartment

There is no single document template. Nevertheless, the power of attorney for privatization is drawn up in accordance with the rules of document flow. The form can be obtained from notaries. Before doing this, it wouldn’t hurt to familiarize yourself with what a power of attorney looks like and what it consists of?

Below are the latest forms and a sample of filling out the document for 2021:

Please note that the power of attorney for the privatization of housing is filled out personally by the principal. Notaries require that both parties to the transaction be present when the document is drawn up (but this is not required). It is important to determine the free will of the participants - if the notary feels that the power of attorney is being drawn up for selfish purposes (for example, only in the interests of the attorney), he will not certify the document.

The approved power of attorney is entered into the unified register of notarial documents. The agreement is assigned a unique number. Subsequently, the document can be easily found in the notary’s EIS - in case one of the parties starts legal proceedings.

Read in what cases and how can you challenge privatization?

Notarization

As part of this article, our users can download a standard template of a power of attorney for the privatization of an apartment and familiarize themselves with a sample of how to fill it out.

From our point of view, it would be preferable to entrust the drafting to a notary. Firstly, each notary has his own standard sample, and secondly, during the conversation with the principal, the notary will find out what exactly he wants to include in the terms of reference and will clearly discuss this in the text of the power of attorney.

In order for a notary to certify a power of attorney, you will need to provide him with the following documents:

a copy of the principal's passport and the original to certify the copy;
a copy of the authorized person’s passport (sometimes notaries simply write down information about the authorized person from his words or from the words of the principal).

A lease agreement for municipal housing will most likely not be required, but it is advisable to check this with a notary.

Documents for registration of a power of attorney

The drafting of a document is subject to general rules. The parties must express a desire to issue a power of attorney. Only in case of mutual benefit do they turn to a notary.

What documents will be needed:

original + copy of the principal's passport;
a copy of the authorized person’s passport (sometimes passport data written down on paper is sufficient).

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:

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.
Next, you need to collect a package of documents for the privatized apartment and submit it to government agencies.
Signing an agreement on transfer of property with government agencies
Payment of state duty
Registration of the agreement in the Russian Register
Obtaining ownership

Price

The price for issuing a power of attorney depends on the region of residence. Prices are set by notary offices - in accordance with Art. 333.24 Tax Code of the Russian Federation. Now the cost of certification of a power of attorney is 200 rubles . However, notaries perform technical work, so the price can reach up to 1,500 rubles - for ordinary notaries; about 4,000 rubles – for general employees.

There are cases when the principal cannot visit the notary's office in person. All that remains is to call a notary to come to you - on-site certification of agreements is much more expensive. The client will have to pay for travel, accommodation, expenses and other actions.

In order not to incur additional costs, the law provides for the following: according to Art. 185.1 of the Civil Code of the Russian Federation, the certificate can be entrusted to chief doctors, doctors on duty at military units, commanders, heads of colonies, commanders of ships and aircraft. They have the same functions as notaries.

You can also find out: “How much does it cost to privatize an apartment?” or “How much does it cost to privatize land?”

Privatizing an apartment by proxy is the best way to register ownership of a home if you are short of time. The parties are the principal and the attorney. They can draw up a one-time, special or general power of attorney - and also indicate the delegation of the functions of a representative. The document is certified by a notary or a person replacing him.

Questions may arise during registration.
For example, is it possible to privatize an apartment for one tenant with a power of attorney from all? Can a fiduciary act on behalf of the principal? How to limit the powers of a representative? What to consider when transferring? Answers to these and other questions can be obtained from the lawyers of our website. They will help with the power of attorney, point out the risks, tell you how to avoid them and what documents are needed. Contact us, consultations are free! Attention!

Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

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Author of the article

Maxim Privalov

Lawyer. 2 years of experience. I specialize in civil disputes in the field of housing and family law.

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Power of attorney for privatization of an apartment: form and content

In accordance with Part 1 of Article 185.1 of the Civil Code of the Russian Federation, a power of attorney for transactions requiring a notarial form, as well as actions entailing changes to state registers or rights related to the disposal, information about which is contained in such registers, must be notarized certified. Thus, the power of attorney for the privatization of an apartment must be certified by a notary.

To draw up a power of attorney, the owner of the residential premises must contact a notary office with a passport, as well as documents confirming the right to the occupied living space, and passport data or a copy of the passport of the authorized person. The notary will have to explain to you the consequences of issuing a power of attorney, as well as clarify the powers that you plan to transfer to your representative.

It should be said that to draw up a power of attorney in notarized form, you do not need to write the document yourself - notarial contracts have ready-made forms that are simply adjusted to each specific situation and certified by a notary.

You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.

You should also know about notarized powers of attorney that they are always drawn up on special paper and registered in the register of powers of attorney. For issuing a power of attorney, the notary collects funds from the principal at the established rate.

The contents of the power of attorney must include information:

about the principal and the authorized person (last name, first name, patronymic, date of birth, series, number, date of issue of the passport, as well as information about the authority that issued it and the place of residence of these persons);
date of issue (mandatory condition for the validity of the power of attorney);
an order that the representative must execute on behalf of the principal;
validity period of the power of attorney;
the notary who certified this document.

For clarity, we will give below a simplified example of a notarized power of attorney for the privatization of an apartment .