Today we have to find out what the power of attorney for the privatization of the apartment looks like. This document is not very common in real life. Nevertheless, it does occur. The presence of such paper greatly simplifies the privatization process. How to draw up a power of attorney? Why is it needed? What should contain? And how, in the end, to carry out privatization? We will have to answer all this below.
In reality, everything is simpler than it seems, but only if you take into account the peculiarities of Russian legislation. Many simply refuse power of attorney and agree to privatize property in person. This alignment is the most common, but sometimes it is impossible to use it.
About power of attorney in general
We begin by defining the term "power of attorney." It is easy to guess that the name of the document comes from "trust". In fact, a citizen transfers the right to perform certain operations to the selected person on his behalf.
A power of attorney is a two-sided paper, which is between a trusted citizen and a principal. Only citizens of the Russian Federation can participate in the process. And in the case of a power of attorney for the privatization of the apartment, these rules apply.
It is worth paying attention to the fact that for minors the studied document is prepared and made by its legal representatives. That is, parents. The same applies to powers of attorney from the legally incompetent.
About Species
In the document, the powers of the proxy are mandatory. Without them, it will not be possible to carry out certain actions on behalf of the principal.
There are several types of powers of attorney (including the privatization of apartments). Among them are:
- special - allow you to collect documents for the process;
- disposable - intended for the delivery of papers to the authorities or to obtain certificates;
- general - provide for the passage of the full procedure (in our case, privatization).
In addition, powers of attorney can be with the right of submission and without it. The latter are most often found in real life.
Goals
A power of attorney for the right to privatize an apartment, as a rule, does not occur. More precisely, a citizen should usually draw up consent to participate in the process himself. And refusals from the operation, too. But with regard to the collection of documents, signing the contract and obtaining certificates of ownership, you can use the power of attorney.
What are the objectives of this document? The power of attorney can be issued by any person participating in the privatization. She, as we have said, allows not to be present personally at privatization.
Typically, such a document is required for those who live far from the place of the transaction. In addition, often a power of attorney for privatizing an apartment is issued when a person cannot prepare the necessary package of documents on his own. This also includes cases when children from 14 to 18 years old participate in the process.
About the content
The content of this document plays a huge role in drawing up a power of attorney for the right to privatize an apartment. About it will be described below.
Mandatory paper should reflect the following data:
- F. I. O. of the parties;
- date of issue;
- the powers that a citizen delegates to a proxy;
- validity period of the document;
- data on the notary public;
- a receipt with information that the principal is aware of the consequences of signing the paper.
In fact, everything is not as difficult as it seems. And any lawyer will be able to help in drawing up a competent power of attorney.In particular, assistance may be required due to the clarification of the powers delegated to the trustee.
About structure
Making a power of attorney for the privatization of an apartment is not the most difficult process. The mentioned reference should have a certain look. Otherwise, there may be problems with its design.
The structure of the document will be exactly the same as any statement. It includes the following components:
- cap;
- title;
- main unit;
- conclusion.
Everything is extremely simple and clear. Guided by the rules of conducting business correspondence, a citizen will be able to draw up a study certificate without any outside help.
Writing features
The general power of attorney for the privatization of the apartment, like any other type of this document, has some features. Not everyone knows about them.
The fact is that the power of attorney is mandatory issued by a notary. Without the participation of this person, the document will not have legal force. You can contact both the public notary and the private.
Also, the power of attorney must be written personally by the principal. At the end of the document is the signature of the citizen. Recently, more and more often citizens print power of attorney on a printer. Doing so is not recommended. You will have to fill out the request by hand. The notary will be able to confirm the power of attorney for privatizing the apartment with his statement.
Of course, great attention will have to be paid to the powers of the representative. If you forget about something, then privatization can drag on for a long time.
Step by step about registration
A power of attorney for the privatization and sale of an apartment is executed, as we have already found out, at a notary public. The algorithm of actions in this case is extremely simple. Especially if the principal has already decided on the representative’s powers.
The registration procedure is carried out as follows:
- Take your passport with you. Request ID from a trusted person.
- Write and fill in the power of attorney text.
- Contact a trusted notary public.
- Present passports.
- In the presence of an authorized person, sign an agreement and fill out a receipt indicating that the parties are aware of all the consequences of the acts.
That's all. Now you can pick up the power of attorney to privatize the apartment. Usually this document is issued in 3 copies. One for each side of the process.
How much is?
It is important to understand that the operation under study takes some time. And for the services of a notary public you have to pay. But how much?
It all depends on the type of paper, as well as on the region where the parties live. On average, a power of attorney costs 500 rubles. The document is usually paid by the principal.
About privatization
Now it’s clear how to draw up and issue a power of attorney for the privatization of the apartment. A sample of this paper will be presented to your attention below.
It's time to talk about privatization in more detail. This describes the process of re-registration of state property in private. In Russia, citizens have the right to a free operation, but only once in a lifetime.
For privatization, you will have to prepare some documents, and then contact the city administration with a written request. After checking the securities, a privatization agreement is concluded with the subsequent registration of property rights in Rosreestr.
Who can participate?
Not everyone has the right to participate in privatization. There are a number of restrictions on the population.
The fact is that only persons registered in a particular housing can be participants in the process. The general power of attorney for the privatization of the apartment does not give the authorized person the right to participate. He simply represents one or another tenant of the apartment.
In the process, children under 14 are required to participate. In order to remove minors from privatization, it is necessary to enlist the support of guardianship authorities.Children after 14 years old can draw up a power of attorney for any person in order to represent their interests during the operation.
If there are failures
It is important to understand that the privatization of an apartment requires the consent of all tenants to participate in the operation. If someone does not want to translate the idea into reality, he must draw up a notarial refusal of privatization. In this case, the right to reside in the apartment is not lost, but the applicant will not receive a share in the housing.
And if there is no desire to personally prepare documents, conclude an agreement and issue a certificate of ownership, a citizen will be helped by a power of attorney to privatize the apartment. With its help, it will be possible to get a share in public housing almost without leaving home.
Sample and documents
Below is a sample of the studied paper. The power of attorney usually has this form.
The following papers are useful for participating in privatization:
- passports of the parties;
- powers of attorney (if any);
- certificates of marriage, birth;
- refusals to participate in privatization;
- social contract of employment;
- certificate form No. 9;
- extract from the house book;
- an apartment warrant (if any);
- cadastral and technical passport;
- statement;
- certificates of non-participation in privatization;
- documents of ownership of all housing that the applicants only have.
In reality, everything is not as difficult as it seems. On average, a request is considered for about a month. After this, as we have already said, you can conclude a privatization agreement and formalize property rights in the State Register.