Power of attorney for an apartment without the right to sell (sample)

The use, management or disposal of an apartment is the prerogative of its owner.

If for some reason he wishes to share his exclusive right to own property with another person, it is necessary to issue a power of attorney.

This phenomenon is due to the fact that a considerable number of fraudsters, using fake powers of attorney, carried out illegal fraud.

Now, in order to correctly draw up a trust document for apartment management, the owner must carefully familiarize himself with all the nuances of this procedure, and even better, use the services of a professional lawyer.

The material presented below will help you gain basic knowledge about a power of attorney for the use of an apartment.

Legislative settlement of the issue related to the representation of the interests of the property owner. Photo No. 1

When deciding to issue a power of attorney, each owner must familiarize himself with the legislation that regulates the procedure for carrying out this procedure.

Fortunately for many, the concept of “representation” and everything connected with it is clearly explained in a separate chapter of the Civil Code of the Russian Federation (Civil Code of the Russian Federation).

So, in accordance with Chapter 10 of the current Civil Code of the Russian Federation, the following concepts can be distinguished:

• Representation is a process in which one person, acting under a power of attorney or similar act on behalf of another person, carries out any actions, most often transactions, on behalf of the latter.
• A representative in any transaction must fully reflect the will of the person who entrusted him to act on his behalf. Actions on the part of a representative committed in his own interests in any transaction are unacceptable. It is prohibited to work through a proxy in cases established by the legislation of the Russian Federation.
• The representative must act with the approval of the person who has entrusted him with his representation. In the event that any transaction was completed without such approval, its results can be either approved or challenged by the person whose interests the representative expressed.
• The main document confirming the right of representation is a power of attorney. A power of attorney is a written authority issued from one person to another and authorizing representation.
• The execution of a power of attorney must be carried out in accordance with the provisions of the current legislation and not violate them.

It is worth understanding that for a better understanding of the essence of the topic under consideration, it is important to personally familiarize yourself with Chapter 10 of the Civil Code of the Russian Federation. It covers all the legislative nuances that must be taken into account when drawing up any types of powers of attorney.

Types of powers of attorney for apartment management

What types of powers of attorney for real estate management exist?

When drawing up a power of attorney for an apartment, it is worth distinguishing between such concepts as “management” and “disposition” of property.

In the first case, the trustee is vested with powers that relate to representing the interests of the apartment owner in less significant transactions and other actions carried out in relation to the entrusted property.

A power of attorney to manage an apartment will fully allow the authorized person to carry out such actions as:

• represent the interests of the owner in government agencies, housing and communal services organizations, gas institutions, etc.;
• draw up the documents necessary to connect any communications to the apartment;
• participate in meetings of apartment owners and have full voting rights or signing certain documents;
• rent out an apartment;
• represent the interests of the owner in court.

The above list is not complete, therefore, at his own discretion, the principal has every right to supplement it.

Do not forget that a power of attorney for the right to dispose of an apartment also implies the possibility of selling it, renting it out, pledging it, etc. Photo No. 3

A power of attorney for the disposal of an apartment, in turn, allows the authorized person to carry out significant legal transactions regarding the entrusted property (purchase and sale, rental, donation, etc.).

In addition, in such documents the principal can indicate an additional range of actions permitted to be carried out by the authorized person.

Depending on the general conditions under which the power of attorney is issued, it can be divided into three types:

• A one-time power of attorney is one that is issued to carry out one transaction or other action concerning the entrusted apartment by the authorized person.
• A special power of attorney is one that determines the right of the authorized person to carry out a specific type of transaction or other actions relating to the entrusted apartment for a certain period of time.
• A general power of attorney refers to all trust documents that allow the trustee to carry out a wide range of heterogeneous transactions or actions relating to the entrusted apartment for a certain period of time.

In general, the information presented above expresses the basic principles of drawing up a power of attorney for the management or disposal of an apartment. Therefore, it is important for every potential principal to take it into account.

Powers of a Trustee

The potential principal must determine everything that he wants to allow his representative to do on his property. Photo No. 4

The powers of the trustee are all actions the implementation of which was authorized by the principal to his representative regarding the entrusted apartment.

Previously, the basic powers that a trustee has when issuing a power of attorney to manage or dispose of an apartment were indicated. It is worth understanding that depending on the purposes of drawing up a certain power of attorney, the full list of powers of the trustee is determined.

During the process of drawing up a trust document, the potential grantor must determine everything that he wants to allow his representative to do over his property. The powers must be indicated in a complete list in order to clearly define the procedure for the use and performance of their representative duties by the authorized person.

It is important for each trustor to understand that the list of powers defined in the executed trust document determines the actions that the trustee has the full right to carry out over the apartment entrusted to him. That is why, if you are not completely confident in the honesty of a trusted person, you should not trust him with the sale or rental of housing on the terms that he determines himself.

Document validity period

For how long can a power of attorney be drawn up for real estate?

In accordance with the legislation of the Russian Federation, when drawing up a power of attorney, you can indicate its validity period, or you can refrain from such actions. If the validity period of the trust document is precisely regulated, it is worth relying on the date of termination of the power of attorney based on it.

If the principal has not determined the period of time for which he allows his representation to the authorized person, then the provisions of Article 186 of the Civil Code of the Russian Federation are applied to determine the validity period of the power of attorney. More precisely, they read:

• On the territory of the Russian Federation and abroad, the validity period of a power of attorney is exactly one year from the date of its execution only if the validity period is not specified in the trust document.
• Abroad, a power of attorney certified by a notary is valid until its validity is noted by the principal, but only if the trust document does not contain an expiration date.

As judicial practice on trust issues shows, problems often arise with powers of attorney that do not have a validity period.

That is why our resource strongly recommends that all potential principals indicate the validity period of powers of attorney issued on their behalf.

What can cause the invalidity of a power of attorney?

Why can a power of attorney be invalidated?

Invalidity, or rather the impossibility of legitimizing a power of attorney, can be encountered at the very early stages of drawing up a trust document. A similar phenomenon is possible only in the case when the potential principal and authorized representative try to execute a power of attorney with serious violations of the legislation of the Russian Federation, for example:

• discrepancy between the form of the power of attorney and the officially approved one;
• lack of necessary documents for registration;
• use of fake documents during registration.

Having eliminated all the shortcomings, if the law allows it, you can properly formalize the power of attorney and receive it.

It is worth understanding that in a number of situations, termination of a power of attorney can be carried out even after its conclusion. This practice is possible in cases where the principal or proxy has not complied with the conditions established by the trust documents regarding their obligations, or a case of invalidity of the power of attorney has occurred, regulated by law.

The list of the latter is indicated in Article 188 of the Civil Code of the Russian Federation. In accordance with it, the power of attorney is terminated when:

• expiration of the power of attorney;
• cancellation of the power of attorney on the part of the principal;
• refusal to perform his functions on the part of the trustee;
• termination of the existence of a legal entity if it is a principal or trustee;
• death of the principal or proxy, as well as in cases where one of them is declared incompetent, partially capable and missing;
• bankruptcy of the principal or fiduciary in cases where they lose the right to act as principal or fiduciary.

In accordance with Article 188.1 of the Civil Code of the Russian Federation, it is possible to conclude this type of power of attorney, the validity of which will end only with the expiration of its validity period or upon the occurrence of certain conditions. Also, Article 189 regulates the consequences of early termination of a power of attorney.

When drawing up trust documents, these points are very important to consider.

Registration procedure

Having examined in detail all the nuances of issuing powers of attorney to manage an apartment, it would also be useful to familiarize yourself with the procedure for carrying out this legal procedure.

In accordance with the legislation of the Russian Federation, a trust document must be drawn up in a certain written form and notarized. Ignoring these legislative aspects will make the power of attorney invalid, even if an unscrupulous notary certifies it.

So, before drawing up a power of attorney, you need to collect the following list of documents:

• a document that identifies the owner of the apartment (principal);
• a document that certifies the identity of the authorized person;
• title papers for the entrusted apartment.

In rare cases, the notary may require you to provide a number of additional documents. The general procedure for issuing a power of attorney is as follows:

1. The potential principal and authorized representative visit the notary.
2. At a notary's office, the potential principal draws up a power of attorney in the form provided by the notary. In the text of the document, it is important to indicate all the conditions under which the trustee must dispose of the apartment, and for what period.
3. After drawing up the power of attorney, the notary will check it for accuracy. If the necessary papers are correctly drawn up and available, he will officially approve its action by certifying the document. If there are any problems that prevent the notary from certifying the power of attorney, he will notify the potential principal and authorized representative of the presence of such problems and ask them to correct them.

As you can see, issuing a power of attorney to manage an apartment and complying with all legal regulations is not so difficult. The main thing in this procedure is to adhere to all points of the material presented above and the provisions of the current legislation of the Russian Federation.

What is a power of attorney for an apartment without the right to sell? Design instructions, sample

• When the phrase “power of attorney for an apartment” is used, it is stereotypically imagined that we are talking about a document giving a third party the right to sell real estate.
• It is not always correct to think this way, because the right to sell may not be present in this document.
• Further in the article you can read about what a power of attorney for an apartment without the right to sell is.

Concept and legal basis

Art. 185 of the Civil Code of the Russian Federation says that a power of attorney should be understood as an authority issued from one person to another in writing - for some actions.

About what rights are transferred under the document for an apartment without the right to sell - a little later. In the meantime, it is necessary to understand that authorization cannot be oral. The principal must be of sound mind, the attorney must be in a similar state.

An entire chapter in the Civil Code of the Russian Federation is devoted to the representative office - Ch. 10. Many of the provisions are relevant to the document under consideration.

You may be interested in the following articles:

Most often, the document is drawn up so that a person who is not the owner of the property can sell the apartment. But this is not our case. A power of attorney without the right to sell may be required:

1. To interact with housing and communal services organizations.
2. To represent the interests of the owner in court on a variety of issues related to apartment ownership.
3. So that you can rent out the property.
4. For the attorney to live comfortably in the apartment - so that he can resolve all current issues.

The most popular type of power of attorney for an apartment is a real estate management document. It lists all the possible powers of the attorney, and separately states that the attorney is not given the right to alienate real estate.

Such paper is relevant, for example, in the case when the owner goes on a long business trip and wants someone else to live in his apartment and look after it.

Who should apply?

This can be done by the rightful owner of the property. If the original document provides for the right of subrogation, then an attorney can issue a new power of attorney. According to Art. 187 of the Civil Code of the Russian Federation, the new paper will be valid for a period not exceeding that specified in the document issued by the owner.

How to apply correctly - step-by-step instructions

You need to go through the following algorithm.

Start

It is necessary to determine who will be given what powers and for how long. It is not recommended to issue a power of attorney in the name of an unreliable person who will not act in the interests of the owner.

Required documents

To issue a power of attorney for an apartment without the right to sell, you need a minimum of papers:

• principal's passport;
• passport details of the attorney;
• information about the apartment: address, area, cadastral number (optional).

No title documents, certificates of registered persons, etc. are needed.

Validity

Art. 186 of the Civil Code of the Russian Federation gives the right to draw up the document in question for any period at the request of the property owner. It could be 2 days or 50 years.

General content requirements

You should focus on form and content. As for the latter, the document states:

1. time and place of its compilation;
2. passport details of the attorney and principal;
3. list of powers;
4. data about the property;
5. validity period of the power of attorney;
6. information about the presence or absence of the right of subrogation.

According to the form, it appears that if the paper does not talk about the right of sale or long-term lease, then it can be prepared in simple written form. This follows from the provisions of Art. 185.1 of the Civil Code of the Russian Federation.

It states that only those powers of attorney are drawn up in notarial form that are related to the disposal of rights registered in special registers, for transactions that are executed only by a notary, for the registration of rights.

The owner needs to go to the notary with a passport. The document is drawn up, if the office is not overloaded with work, within 20-30 minutes. A notary fee is charged for certifying a power of attorney.

Price

Tariffs for certification of powers of attorney are established in the Tax Code of the Russian Federation.

Additional fees are charged for legal and technical services. Their size is determined by regional notary chambers. Therefore, it is difficult to name a specific price for issuing a power of attorney. On average - around 2 - 2.5 thousand rubles.

What if the property is in another city?

Everything is very simple: the owner needs to contact a notary at his location. You must have your passport, information about the apartment and the passport information of your attorney with you. They can be obtained online or taken dictation over the phone.

The same applies to a power of attorney without the right to sell. The presence of an attorney in the notary's office is not required.

This person does not sign anywhere, does not express consent to become the authorized representative of the apartment owner.

Next, the document is sent to the attorney. It is advisable to use the services of a reliable courier delivery company, or at least send a registered letter with a power of attorney with notification.

When will the document become invalid?

Options:

1. Upon expiration of its validity period.
2. If it is issued on behalf of an incapacitated person.
3. If the owner was forced to sign a power of attorney.
4. In the event that the details of the principal, attorney or property are incorrectly indicated. In this situation, you need to contact the notary again so that he corrects all the errors.

A power of attorney for an apartment without the right to sell is a sought-after document, as practice shows. There are no difficulties in its design. Minimum paperwork, relatively low cost. It is recommended to draw up the document in a notary office to avoid unnecessary problems.

How to issue a power of attorney for an apartment without the right to sell?

A general power of attorney for an apartment allows the person for whom it is issued:

• perform legal actions with real estate;
• sign documents;
• represent the interests of the owner in court, etc.

According to the provisions of the Housing Code of the Russian Federation, a trustee is prohibited from selling an apartment to himself.

Despite legal restrictions, the apartment owner still takes risks. To protect himself, he personally turns to a notary to draw up a power of attorney, which indicates the clause “without the right to sell residential real estate.”

Kinds

There are three types of power of attorney for an apartment:

• One-time. Provided for the implementation of any one legal action - exchange of living space, signing of an agreement, acquisition or sale of residential real estate;
• Special. Provided for the implementation of several similar legal actions. For example, it is issued to the owner’s representative to represent his interests in court;
• General power of attorney for an apartment without the right to sell. Provided for the complete disposal of the principal’s property, conducting transactions, including the sale and provision of real estate as collateral. Such a power of attorney is granted to a person, for example, in the event of a long absence of the owner.

According to the executed power of attorney for an apartment without the right to sell, the list of actions permitted to the authorized person may be different. Starting from collecting the necessary papers and ending with receiving money from the sale of residential real estate. However, a general power of attorney can be issued without the right to sell.

What powers does it provide?

Having a power of attorney to manage an apartment gives the attorney the following powers:

• Resolving property issues in municipal and state bodies;
• Protecting the interests of the owner in litigation;
• Taking part in local meetings of homeowners where voting rights are required.

Registration procedure

A power of attorney to manage an apartment is issued by a notary. The document is drawn up in writing.

List of documents for drawing up a trust deed with a notary:

• Identity card of the apartment owner;
• Passport of the authorized person for whom the document is drawn up;
• Title documents for the property.

In some cases, the notary may require additional documents not included in the list described above. But, as a rule, this is a complete list for issuing a power of attorney for real estate without the right to sell.

The document for the management of residential real estate must necessarily contain the following points:

• Date of document preparation;
• Place of compilation;
• Last name, first name and patronymic, passport details, date of birth and place of residence of the authorized person;
• Postal address of the property;
• Powers that are transferred to the trustee;
• Information about the notary who is involved in the document certification procedure;
• Individual serial number for entering the document into the register;
• The amount payable for the services provided by the notary;
• Seal and signature of the notary.

Sample power of attorney

The powers conferred by having a power of attorney for an apartment without the right to sell are as follows:

• Leasing of real estate, conclusion and termination of such agreements;
• Representation and protection of the interests of the owner in housing and communal organizations, municipal institutions, government agencies, management organizations, etc.;
• Registration of certificates for electricity, gas, installation of a water meter in the apartment;
• Taking part in local meetings, voting and signing the minutes;
• Representing the interests of the owner during court hearings.

Sample power of attorney

When is a document declared invalid?

The owner can revoke the deed of trust for the apartment at any time without the right to sell. To do this, you should contact a notary office in any city and provide an application. The grounds for termination of the document do not matter.

The conditions for invalidating a power of attorney for an apartment without the right to sell are as follows:

• The paper was issued by a minor who is under 14 years of age;
• The document was issued by a minor aged 14 to 18 years without parental consent;
• The principal was declared incompetent;
• Outsiders are forced to write out a power of attorney for an apartment without the right to sell;
• At the time of signing, the principal was in a state of passion and was not aware of his own actions;
• The trust deed has expired.

Please note: If the apartment was sold under an invalid general power of attorney, the sale and purchase transaction is considered void.

Power of attorney for an apartment without the right to sell (sample)

The owner of an apartment does not always have the opportunity to dispose of it independently. Long business trips, living in remote locations or even in other countries - there can be a lot of similar situations.

The problem can be solved with the help of a power of attorney. But it must be formalized in such a way that the trustee does not have the opportunity to sell the home and appropriate the proceeds.

This is precisely why powers of attorney for an apartment without the right to sell are used.

Types of powers of attorney

There are three main types of powers of attorney:

• One-time . This type of power of attorney is issued for a one-time transaction. This could be the collection of necessary documents, payment of utilities or anything else. The main feature is that the authorized person can dispose of housing only within the specified powers in such a power of attorney and only 1 time.
• Special . Similar to the previous option, but implies the ability to dispose of housing several times.

Example : Such a power of attorney can be issued so that the authorized person accepts payment for renting an apartment from tenants and sends the money to the owner of the property. No other actions are expected, but there is no time limit.

• General . It involves vesting the trustee with the broadest powers, almost identical to the rights and opportunities of the owners. In fact, the trustee becomes a full-fledged representative of the home owner.

Any of the presented types of powers of attorney may include a clause “without the right to sell”, however, most often it makes sense to clarify this only in a general power of attorney.

This is due to the fact that only this type of document implies very broad powers and, instead of listing what the trustee can do, it is better to indicate what he cannot do.

In this case, he will not be able to sell the apartment without the owner’s permission.

Possible powers in a power of attorney for an apartment without the right to sell

Depending on existing needs, a power of attorney for an apartment without the right to sell may vest the trustee with a certain list of powers:

• Rent out.
• Act as a representative of the homeowner in court, in disputes with utility services, and so on.
• Participate in meetings of apartment owners of the building in which the target housing is located, and so on.

In the case of a general power of attorney, only restrictions are usually indicated, since this is easier than listing everything that such a person can do with real estate.

Registration of a power of attorney without the right to sell

A power of attorney of this type is issued on a general basis. It is not some kind of exclusive or unique document, therefore no global problems should arise during registration.

It is recommended to issue such a power of attorney in advance, in the same locality where the apartment is located. Both the owner and the authorized representative must come to the notary. However, this is not a mandatory rule and, if necessary, such a document can be drawn up anywhere and sent to an authorized person by mail or any other way. It is enough just to know the passport details of the trusted person.

1. Choose a reliable trustee (the degree of reliability is a rather controversial concept, so it is still better to limit the possibility of sale).
2. If required, determine a list of acceptable and unacceptable actions that a trusted person can perform when disposing of an apartment.
3. Choose any notary whose prices suit the principal.
4. Draw up a power of attorney (you can draw it up in advance or simply tell the notary what conditions should be included in the document).
5. Pay for the services of a notary office.
6. Pick up the finished document.

The power of attorney is usually issued in at least two copies. One remains with the principal, the second is transferred to the authorized person. Also, very often the notary makes himself another copy so that he has his own copy if, for example, the case goes to court or it is necessary to restore a lost document.

Required documents

To issue a power of attorney for an apartment of this type, you need to prepare and provide the following documents to the notary:

• Passports of the principal and the authorized representative.
• Documents for the apartment (so that the notary understands that the principal can actually transfer the rights to dispose of it to another person).

Depending on the situation, additional documents may be required. You should clarify this point directly with a notary.

The main expense item will be payment for notary services.

Depending on what the principal needs, and also depending on where exactly the document is drawn up, such a power of attorney can cost from 1 thousand rubles and more. The registration time is a few minutes.

In the worst case – 1-2 hours. Of course, such deadlines can only be met if the principal and the authorized representative have provided all the necessary documents.

Sample power of attorney for an apartment without the right to sell

Recognition of a power of attorney for an apartment without the right to sell as invalid

Under certain conditions, a power of attorney may be invalidated by a court. This is possible if:

• The power of attorney was issued by a minor without parental consent.
• At the time of execution of the power of attorney, the principal was partially or completely incapacitated. This also includes situations in which the principal was in a state of passion.
• The power of attorney was issued under pressure from third parties (threats, coercion, blackmail, and so on).

The power of attorney has a certain validity period. If it is released, the document loses its validity. All subsequent actions of the authorized person with the apartment are considered illegal.

An incorrectly executed power of attorney can pose serious risks for the apartment owner. Often, scammers take advantage of loopholes in the law and inaccurate wording in power of attorney to achieve their goals. Experienced lawyers will point out the most common problems during a free consultation. They are ready to accompany the entire procedure of document execution, which, in practice, allows us to reduce all possible risks to zero.

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

At first glance, such a document may seem unusual, but its preparation is quite widespread in the real estate market.

The article will acquaint the reader with the intricacies of its preparation and situations in which it can be useful. Such a power of attorney is considered an official document and allows for trust management of the apartment, but without the possibility of selling it.

What is this document?

This is a type of power of attorney for an apartment, the official name of which allows such wording, subject to the transfer of the apartment to the attorney for trust management: for a specific purpose, without the right to sell.

Only an adult owner can be a trustee. If he is over 14 years old, he can draw up a power of attorney with the consent of his parents.

According to the norms of the Civil and Housing Code, an attorney who has received a general power of attorney from the owner of the property, in any case, cannot sell the apartment to himself, since he acts as a representative of the seller and cannot act on the part of the buyer.

But this does not provide a complete guarantee of avoiding risks, because an unscrupulous attorney has the right to sell the property to third parties, including his relatives (what are the risks when selling an apartment by proxy?).

Therefore, the title of the document contains the wording “without the right to sell.”

In what cases is it used?

Primarily, such paper is used for trust rights to manage and use an apartment, instead of transferring the right to lease, if a representative, under a power of attorney from the owner, participates in the business, renting out an apartment daily or for a short period (how to draw up a power of attorney for renting?). And:

1. When the realtor prepares documentation for the transaction and is busy searching for a buyer and other legal procedures necessary until the deed of sale is concluded.
2. When reconstructing the premises, collecting the necessary permits from the authorities and drawing up a service agreement for the reconstruction.
3. For other actions requiring the conclusion of a service agreement for repairs or collection of documentation. For example, when carrying out electricity, gas or water supply.
4. When representing the interests of the owner in the administration and other authorized authorities and institutions.

The range of such situations can be quite wide. The only action that is excluded from this list by the name of the document is the alienation of property to third parties.

What is the writing form?

The above wording is primarily used for general powers of attorney. Since from its content it should follow that the representative of the owner’s interests receives broad powers allowing actions with the apartment within the maximum range of the legal field.

If a simple power of attorney is drawn up, it may look like:

But in simple forms such formulations will be legally inappropriate, since they are drawn up for a specific action. Accordingly, if the specified specific action is not the sale of an apartment, then it is not the authority of the attorney. And in principle he will not be able to use such a document for purchase and sale purposes.

When transferring a general power of attorney for an apartment to third parties, you need to be extremely careful, choosing an attorney from among people who can really be trusted, in order to avoid the risk of fraud on his part.

The power of attorney is drawn up and executed in accordance with the provisions of Articles 185 and 186 of the Civil Code of the Russian Federation. It must contain the following details:

1. Title of the document;
2. place and date of compilation;
3. information about the attorney and principal;
4. characteristics of the apartment, its location address;
5. validity;
6. permission of transfer of trust;
7. signature of the principal with the notary's certifying record.

If the power of attorney does not indicate the period of its validity, it remains valid for a year from the date of its execution. A power of attorney that does not indicate the date of its execution is void.

A power of attorney certified by a notary, intended for performing actions abroad and not containing an indication of its validity period, remains valid until it is canceled by the person who issued the power of attorney.

The information included in the main part may vary and depend on the type of assignment that is transferred to the attorney.

Without the right to sell

Here this condition is written in the title of the document. Further, according to the text, after entering the data of the principal and the attorney, the authorities are listed in which the power of attorney will be valid and all actions that the representative has the right to perform, with the exception of:

• home sales;
• carrying out the registration procedure for alienation.

All actions are listed accurately so that this information does not create a precedent for an ambivalent interpretation of the owner’s position at the time of alienation of housing without his sanctions.

No right to receive money

If the right to sell is delegated, then entering the required details depends on the type of power of attorney. If it is special, then it lists specific actions. Therefore, its name can remain simple “Power of Attorney”. And the text should indicate the order: “the right to sell the apartment without the right to receive money.”

It is also allowed to include the wording “with the right to sell, but without the right to receive money” in the name of the document if the form of the document is general.

In the main part of the text, in this case, a list of actions of the representative should be given, indicating the conditions for settlement with the seller.

For example: “with the transfer of money to the owner of the apartment,” or: “with the transfer of money for a transaction through a bank.”

Who should compose?

Since the right to use the service of a representative belongs to the owner of the apartment, according to the provisions of Article 182 of the Civil Code of the Russian Federation, the initiative to prepare the document must come from him. In the document, this interested party acts as the principal. He can draw up the document himself, or by contacting:

• to a notary;
• lawyer;
• realtor.

When applying, he must present his civil passport, cadastral passport of the apartment or an extract from the Unified State Register of Real Estate and a copy of the attorney’s passport.

IMPORTANT: For apartments registered as property before 2016, instead of an extract from the Unified State Register of Real Estate, certificates of ownership are presented.

The presence of an attorney when drawing up the document is not required.

According to legal norms, powers of attorney for real estate transactions are executed by notarization, which is stated in clause 1 of Article 185.1 of the Civil Code of the Russian Federation.

1. For certification, you need to contact a notary with a prepared copy, without affixing a signature.
2. In the presence of a notary, the signature is affixed by the owner of the apartment, about which the notary makes a certification record. A state fee is charged for the certificate, the amount of which is entered in the document.
3. The notary puts his signature and seal. Enters information about the certificate into the notary register, in which the principal puts his signature.
4. Persons located in places where there is no access to notary offices have the document certified by the head of the institution where they are staying, or by the commander of the military unit.

The list of such situations and persons authorized to provide identification is given in clauses 2 and 3 of Article 185.1 of the Civil Code of the Russian Federation.

Where to start writing?

If the document is drawn up independently, then its name should be entered at the top of the sheet: “Power of attorney for an apartment without the right to sell.” In the line below, in the middle of the sheet, indicate your locality. And on the next line - write the date. These details are required. After them comes the “body” of the document, consisting of several parts.

Introductory part

Begins with “I am (last name, first name, patronymic) born (date and year of birth) passport (passport details) living at the address (place of residence or registration).” Next comes the wording “I authorize with this power of attorney,” indicating information about the attorney, identical to the information about the principal indicated in the genitive case.”

basic information

It begins without punctuation with the wording “to be my representative for the trust management of the apartment,” indicating:

• addresses of its location;
• technical and cadastral characteristics;
• indications of the type of property.

Further, also without punctuation, after the preposition “in” an exhaustive list of organizations, institutions and authorities is given where a representative can freely carry out trust management, for example, in the MFC, acting within the limits of the powers delegated to him.

The following lists all the actions that are transferred to the representative. After listing them, it is advisable to add the wording “except for the sale of an apartment.” If the sale is permissible, it is necessary to indicate the permission or prohibition to receive money and the conditions for their transfer.

ATTENTION: If the power of attorney does not directly indicate a sale with the right to receive money, the representative does not have the right to receive payment for the transaction and issue a receipt for their receipt.

The necessary nuances are introduced into them at the discretion of the principal. And also be sure to:

1. validity;
2. admissibility of reassignment.

The permission to reassign depends on the decision made by the principal. In case of disagreement with the substitution of an attorney, he indicates: “without the right of substitution.”

Validity periods

The transferred powers, in accordance with the provisions of Article 186 of the Civil Code of the Russian Federation, retain legal force for the period specified in the final provision. The validity period starts from the moment indicated in the date of its preparation.

Exceptions are the following cases:

1. revocation of the power of attorney or refusal of the attorney to execute the order;
2. death of the principal or attorney;
3. completion of the tasks specified in the list.

Basically, such documentation is drawn up for a period of one to three years.

Conclusion

When trusting an apartment, you can add the wording “without the right to sell” to the power of attorney. This will give additional guarantees to the homeowner that the apartment will not be sold without his knowledge by an unscrupulous representative. Such papers are mainly drawn up in general format and certified by a notary.

Power of attorney for an apartment without the right to sell sample form

Recently, people have less and less time for household chores. Due to crazy schedules, many of us don't even have time to pay our bills.

However, the most mundane routine tasks also require attention. Housing and communal services issues, for example, take up not only time, but also energy.

It's no secret that busy people have to resort to outside help. For example, you need to rent out housing during a long absence. Or just install a meter.

In order not to disrupt your plans because of such trifles, you only need to sign a power of attorney to manage the apartment without the right to sell.

Below we will look at how to do this and how a power of attorney for an apartment without the right to sell will differ from other types of power of attorney. And our lawyers will certainly answer all your questions.

What are the types of powers of attorney for an apartment?

A power of attorney, depending on the extent of legal powers, can be:

• general
• one-time,
• special.

A general power of attorney gives the person to whom it is issued the right to formalize legal transactions, sign documents, represent the interests of the owner, and so on.

Of course, a trusted person cannot sell an apartment to himself. This is unacceptable according to the law. But in this case, the owner still has a lot of risks. After all, a general power of attorney allows the authorized person to do almost everything with the property, including sale and pledge.

But the validity of a one-time power of attorney is terminated as soon as a number of certain operations are completed. For example, you need to collect the necessary documents, exchange an apartment, and so on. All this is stated in the contract.

A special one is usually issued if some specific work needs to be done. It differs from the previous one mainly in the volume of actions. The document will lose its force as soon as the trustee fulfills his obligations.

What can you trust

A power of attorney in the case of an apartment is divided into two types:

• power of attorney for apartment management;
• power of attorney to dispose of the apartment.

It is the second one that is issued most often when you need to sell your home. In our case, we will need the first one.

A power of attorney for an apartment without the right to sell gives the rights to:

• rent out an apartment, enter into and terminate contracts;
• represent the interests of the owner in housing and communal services organizations, government agencies, municipal institutions, management companies, etc.;
• draw up documents for gas supply, electricity connection, installation of meters, etc.;
• take part in meetings of homeowners, vote and sign minutes;
• represent interests in courts.