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Power of attorney

A power of attorney may be granted to another person to act on your behalf. The power of attorney must be clear about what actions it applies to and, in many instances, also needs to be signed in the presence of two witnesses.

What the power of attorney pertains to

The Norwegian Mapping Authority sets strict requirements for form and content when a power of attorney is used in connection with registration. The power of attorney must clearly state:
• the property or housing cooperative unit it applies to,
• who is granting power of attorney,
• who has been granted power of attorney,
• what actions the person who has been granted power of attorney may carry out.

See the checklist below.

If the power of attorney includes the right to sign a deed, transfer a housing cooperative unit, mortgage document or declaration of land transfer, the power of attorney must also be certified. The Norwegian Mapping Authority also requires that the person who grants power of attorney writes a declaration regarding his/her civil status.

Submission for registration

When the representative signs a document that is to be registered, he/she should write “by authority” in the same field as the signature.

The sender must always enclose the power of attorney with the documents sent to the Norwegian Mapping Authority. The power of attorney is a necessary supporting document which documents that the title holder has granted his/her consent, cf. Section 13 of the Norwegian Land Registration Act.

The general rule is that the sender must enclose the original power of attorney with the document that is to be registered. However, you can still send a copy. If so, this must be a certified copy. The copy must also include a declaration that the power of attorney still applies. The declaration must be dated. We call this declaration a validation of a power of attorney. The validation of power of attorney may be made by the same persons who can be the sole witness to a document that is to be registered, for example, lawyers and real estate agents, cf. Section 7, paragraph two of the Land Registration Act, cf. Section 3.

Power of attorneys are personal

A power of attorney is essentially personal. The representative cannot transfer the power of attorney to another person. However, there is an exception to this rule. If it expressly states in the power of attorney that the representative has the right to transfer power of attorney, the Norwegian Mapping Authority may approve this transfer in connection with registration.

A representative cannot use the power of attorney to transfer a property or right to him/herself, unless this is explicitly stipulated in the power of attorney. This is known as self-contracting.

Checklist when using power of attorney

You can use this checklist to ensure that the power of attorney satisfies the registration authority’s requirements for clarity and form. The requirements are stipulated in the land registration regulations and principles for power of attorney in contract law.

  1. The principal must be identified

    The name and national identity number (11 digits) of the person who grants power of attorney must be included. This is stipulated in Section 4a of the Norwegian Land Registration Regulations.

  2. The representative must be identified

    The name and date of birth of the person who is granted power of attorney must be included. This is a requirement set by the Norwegian Mapping Authority.

  3. The property or housing cooperative unit must be identified

    The power of attorney must clearly identify the property or housing cooperative unit that it applies to. Use the following numbering for identification:

    a. Real estate: municipality number, land number, title number and any leasehold number and/or section number.

    b. Housing cooperative unit: the housing cooperative’s organisation number and unit number. Please note: The housing cooperative’s property (land number and title number) is not the correct identification for a housing cooperative unit.

  4. Check whether the principal requires witnesses

    The power of attorney must be signed by two witnesses if it applies to one of the following types of documents:
    a. deed
    b. transfer of title of housing cooperative unit
    c. mortgage document
    d. declaration of land transfer

    Two witnesses of legal age must confirm the principal’s signature. This is stipulated in Section 17 of the Norwegian Land Registration Act, cf. Section 13. Section 3 of the Norwegian Land Registration Regulations contains more information regarding the requirements for certification. Among other things, this section states that lawyers, real estate agents etc. can witness a signature alone. Close family of the representative cannot be witnesses on the power of attorney.

  5. Check whether the power of attorney requires spousal consent

    Some documents require that the spouse of the person who signs the document consents to the registration. This concerns documents that are registered for the married couple’s joint home, but only applies when the spouse is not registered as having joint title. These requirements also apply for a power of attorney, which must contain a declaration of civil status from the principal. The declaration must confirm:

    • Whether the principal is married.
    • Whether the power of attorney concerns a property that is a joint residence with the spouse.
    • Whether the spouse holds joint title to the property.

    The requirements apply if the power of attorney includes the following types of documents:

    • Deed
    • Transfer of title of housing cooperative unit
    • Mortgage document
    • Lease

    The spouse’s signature must be confirmed by two witnesses.

  6. It must be clear as to what the power of attorney authorises

    The power of attorney must state what the representative is granted the right to register on the property. It is preferable that a list is provided of the registration documents that the representative is permitted to sign. For example, power of attorney granting the right to sign a deed or mortgage document cannot be used to sign an agreement for right of way through the property.

  7. Languages other than Norwegian

    A power of attorney in a foreign language does not require translation if the contents are simple and understandable. This applies to a power of attorney in English and other foreign languages. We need to specifically assess foreign documents when the case is sent for registration. We may require a translation if we have any doubts about the contents.

  8. Use a copy of the power of attorney

    The general rule is that the sender must enclose the original power of attorney with the document that is to be registered. However, you can still send a copy. If so, this must be a certified copy. The copy must also include a declaration that the power of attorney still applies. The declaration must be dated. We call this declaration a validation of a power of attorney. The validation of power of attorney may be made by the same persons who can be the sole witness to a document that is to be registered, for example, lawyers and real estate agents, cf. Section 7, paragraph two of the Land Registration Act, cf. Section 3.

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