List of documents for permanent registration. Documents for registration in a private house and features of the procedure. How to register in a privatized apartment

One of the duties of every Russian is registration of a residence permit. By law, registration at a new residence address must be completed within seven days after leaving the previous place of residence. If this period is violated, and this obligation is not fulfilled, then administrative liability will be applied to such a citizen and a fine of up to three thousand rubles will be issued. The list of documents for registration completely depends on the type of real estate in which a person will be registered.

For registration, contacting the MFC or the passport office will be insufficient action. To settle in a house, a person must have a reason, that is, the right to live in this real estate - property, rent, hiring and other reasons. After all the documents are submitted, the person will receive a passport, which will have a registration stamp.

The package of documents and the registration procedure depends on the type of housing and on who is registering. Each person needs to know how the registration of owners and non-owners in an apartment takes place, what is included in the package of documents, and whether registration is required after purchasing their own home.

With registration, anyone will be able to solve problems regarding civil rights and legal obligations. In the absence of registration, a citizen will not be able to find a job, enroll children in educational institutions, get medical service and solve various domestic and social problems.

The choice of the type of registration depends on the length of stay and the purpose of residence in a given place:

Permanent registration at the place of residence;
Temporary registration at the place of stay.

When registering a permanent residence permit, a special stamp is put in the passport, and with a temporary residence permit a special document is issued, which will confirm the fact that a person has been at the specified address within a certain time.

But temporary registration has one distinctive feature: the registered person cannot have any rights to the housing in which he temporarily resides. The owner has the right to terminate the registration at any time at his request. To do this, you just need to contact the FMS office and cancel the certificate that was issued earlier.

At the place of stay, any person may not apply for a temporary residence permit for 90 days. During this time, he will need to decide how registration will be drawn up, as well as prepare documents for registration in an apartment, that is:

Full time;
Under the contract of employment;
Temporary registration with relatives or friends who own the living space.

According to the law, temporary registration can be provided for no more than five years, after which it will be necessary to resolve the issue of determining the permanent place of residence.

What documents will the owner of the apartment need to register a new tenant

The list of documents that are submitted for registration depends on the form of ownership under which the registration will be made.

If a person is the owner of an apartment, and he wants to register himself and his family members in it, then he needs to contact the territorial office of the Federal Migration Service, and this must be done to all citizens over 14 years old.

There is one main condition, the consent of the owner himself is required. But if documents are submitted for the registration of a newborn child, then he will be registered in the same territory with his parents.

Before registering a residence permit, you must collect the following documents:

Application from all registered citizens;
The document that establishes the ownership;
Written consent from the home owner;
Civil passports and birth certificates of minor children, if any.

Particular attention should be paid to the fact that it is not necessary to check out from the old address if the new address is in the same city. If the move is carried out to another region, then the statement and registration can go in parallel, or the person will first be discharged, and then they will submit documents for registration.

FMS employees do not have the right to demand prior discharge when accepting documents. They are obliged to independently send a request to the FMS at the person's previous place of registration.

Acceptance of documents occurs with some requirements, which, if not followed, may be refused registration, these include:

Citizens' passports must be valid, without damage, damage and with reliable information;
A certificate of ownership in the original can act as a document confirming the right to real estate;
The application is made according to the model, on behalf of the person registering, in this case a special form is filled in according to form No. 6;
Some FMS offices may require the person to fill out the arrival form on their own;
Consent in writing to carry out registration actions from all owners, as well as their personal presence when submitting documents;
If the registration actions are performed by one owner, then the other owners will need a notarized power of attorney to carry out these actions;
The provision of a departure sheet is made only if the person has previously discharged from the previous place of residence. And the filling out of this form should have been handled by a competent civil service official, not a person being registered.

After all the information in the documents is verified and the documents are accepted, the official bodies will issue registration, and then issue passports, which will have a stamp with the new place of registration.

What documents are needed to register in municipal housing

Registration in a municipal apartment has a different procedure, since the municipality acts as the owner of the property. The rights of citizens registered in it also differ, since there is an opportunity to take part in the privatization of this apartment, or to register for the improvement of housing conditions.

There are several conditions under which registration in a municipal apartment will be possible, these include:

The presence of all registered adult residents;
Consent from the local administration, as well as compliance with the norms of living space per person.

In accordance with the law, the main tenant has the right to register family members, relatives and others in his area. But if registration is required for relatives, then an agreement from the municipality is not required, and when registering unauthorized persons, a preliminary agreement with the landlord will be required.

You will also need to submit the documents required for registration:

Passports of all mercenaries and registered citizens;
If minor children are involved, then their birth certificates;
Apartment lease agreement;
If spouses are registered, then a marriage certificate will be required;
Composition certificate;
The consent of all persons who are registered in this residential area;
Departure sheet, if available.

If minor children are to be registered in the tenant's living space, the consent of the others is not required.

List of documents for registration at the place of residence

Passport;
Registration application;
The document on the basis of which the accommodation will be carried out;
Departure sheet, if the extract from the previous place of residence was carried out in advance;
Birth certificate for persons who have not reached the age of 14;
House book, if registration takes place in a private house.

Now you should consider in detail all the documents for registration in the MFC:

A document that proves the identity of a person. At the time of registration, it must not be out of date, as well as have damage and erroneous data. That is, if an error is found in any stamp, then first you will have to correct the passport, and only then submit documents for registration. Only the original should be presented, since it will be taken away from a person for some time in order to put the necessary mark. Unfortunately, there are situations when a person does not have a passport.
Application from the person who will register. Filling out the application is made on a special form, which can be obtained from the employee involved in receiving documents. Some organizations may provide a form that will need to be completed by both the registrant and homeowners. Some organizations will require filling out an arrival form.
A document that confirms the right to move into housing, this can be a certificate of ownership, a lease agreement and other documents.
The departure sheet must be submitted only if the person has previously discharged from the previous place of residence. An official is required to fill out this sheet.
Birth certificate for children under the age of 14. If the child has reached this age, then you will need to write an application for a passport.

List of documents for registration at the place of stay

Passport;
Extract from the house book;
Consent of interested citizens;
Owner or tenant statement.

Now, in detail about what documents are needed for temporary registration:

Passport;
Extract from the house book. It is provided depending on whether the apartment is private or municipal, this can be confirmed by a certificate of ownership, a warrant or a rental agreement. As a rule, the employee only needs photocopies of these documents, and he simply verifies the originals with copies. According to the law, these documents may not be presented, but in reality, with these documents, registration will be faster.
Consent of interested citizens. If the housing is in personal ownership, then at the time of submission of the package of documents the owners must be present, taking their passports with them. The owners' consent is confirmed by their signatures in the appropriate column. If there are several owners in the apartment, then they have the right to draw up a power of attorney for one of the owners who will deal with this. The power of attorney is subject to mandatory certification by a notary. If the housing is municipal, then it is necessary to take consent not only from the persons living in the apartment, but also from the authority local government, since it is he who is the landlord of this housing.
Owner or tenant statement. You can write it in any form under the control of an employee of the passport office. It will require you to indicate all information about the housing, the form of ownership, about the person who will be registered and whether there is permission from the owner to register registration. You can apply for a residence permit by personally contacting the passport office, or using the State Services portal.

This procedure can take a long time, and a person's passport will be withdrawn, so he has the right to demand a document that will replace his passport. But this action will be another concern, as well as a waste of time.

Registration is free of charge, there is no state duty... But sometimes employees of the MFC and housing department can offer paid services for the preparation of documents, but this must be reported in advance. The person has the right to refuse these services. Some sources claim that it is necessary to put a military ID in the package of documents, but in fact it is not needed at all. During the move, a person is obliged to independently contact the military registration and enlistment office and change the information regarding the place of registration.

If a person who wishes to register does not have the opportunity to personally visit the necessary institution, he has the right to draw up a notarized power of attorney for the provision of his interests by another person. A person has the right to register in any housing located on the territory of the Russian Federation, but only with the consent of the owner.

There is one more question. How is the registration of a newborn child at the father's place of residence, if the parents live separately? As a rule, the child is registered at the place of registration of the mother, and when registering the child with the father, written consent from the mother is required. We will discuss this in more detail below.

How long can you live in an apartment without a registration

There is a certain time that a person can live without a registration. If he lives in a foreign city, then he has the right to stay in it without a temporary registration for 90 days, but at the end of this period, the person is obliged to collect documents for a temporary registration and register. Then the employees of the FMS will complete the registration within 8 working days, for a temporary residence permit you must apply no later than three months. When this period is over, you will need to issue a permanent registration. Registration of citizens at the place of residence is carried out without deregistration at the place of residence.

If a person changes his permanent place of residence, he must apply for registration within seven days. The stamp of registration is put in the passport at the place of permanent residence, in other words, living in your own apartment, you must affix this stamp within seven days.

If a person lives in temporary housing, the passport is not stamped, but here the passport itself is confiscated by the FMS officers. Instead of a passport, the person will receive a temporary identity card, and the presence of temporary registration will be confirmed by a separate paper document.

There is an opinion that the registration must be done within seven days from the date of discharge from the previous place of residence, but it is erroneous. A person is required to register within seven days from the moment of settling in a new home. There are a number of cases when living without a residence permit is not punished - these are:

If an unregistered person lives with a homeowner who is a close relative. These relatives include children, parents, spouses, grandchildren, grandparents.
If a person is registered at one address, but temporarily resides at a different address in the same city, this rule is also valid in Moscow and St. Petersburg.
Citizens have the right not to re-register if the change of housing is made within the constituent entity of the Russian Federation in which they are already registered. This rule also applies to federal cities. That is, residents of the Moscow region can temporarily reside in Moscow, and residents of the Leningrad region in St. Petersburg.
Also, a good reason is a person getting into a hospital, an unexpected business trip, and so on.

Where can you legally register

A person has the right to choose the place of registration anywhere in the country. Registration can be made in a residential area, such as a house, apartment room and other, where a person lives with the consent of the owners or other residents.

But there are a number of rooms that cannot be registered in - these are:

Non-residential premises such as commercial property or apartments;
Emergency housing, if the house is recognized as emergency and is subject to demolition;
In temporary structures or outbuildings such as sheds, garages, baths, and others;
Buildings on garden and vegetable gardens that can be used as residential, but you cannot register in them, with the exception of houses in summer cottages;
In mortgage housing without the consent of the mortgagee, as a rule, these are mortgage apartments.

Where to submit documents for registration at the place of residence

You can submit documents for registration in the owner's apartment to the following organizations:

Through the portal public services online (gosuslugi.ru);
To the service center "My Documents" of the area in which this housing is located;
The management company of the house, if it is engaged in the provision of passport office services.

If the documents are submitted in person, then you will have to come twice, first to submit the documents, and then to receive them. When submitting documents, you will have to come not only to the person who is registering, but also to those citizens in whose housing the person will be registered. And to obtain documents, you can come only to the one who is registering.

If the documents were submitted online, then within three days after submission, a notification will be sent in the personal account indicating the date and time of the visit to the FMS to affix a seal of registration or to obtain a certificate of temporary registration. To submit documents, you must have the following papers:

A document that proves the identity of a person;
A document that confirms the right to own the given housing;
A document that confirms the basis for living at this address.

If the registration will be carried out in municipal or public housing, and the person is not the tenant, then it will be necessary to conclude a lease agreement. If the person is the spouse, child or parent of the employer, then an additional agreement can be obtained after a mark in the passport is affixed.

But if the registered person is not a relative, then registration will begin after the City Property Department does not begin the registration procedure additional agreement, and also does not put a seal in the application according to Form No. 6, which will allow permanent registration at the desired address. The stamped application will need to be submitted to the registration authority, to which the other documents were submitted.

In what time frame will a new registration be issued

When registering a person at a new address and the standard procedure, the registration period will be 6 days. An increase in this period is allowed, even if the person has not yet been discharged from the previous place of residence. Deregistration must be carried out by officials of the migration service along with the registration. That is why the term of the statement will coincide with the term of registration.

If a person does not submit documents for housing and on the right to move in, then the registration period will be from 8 to 10 days. In this case, the FMS will have to independently request this information from the relevant authorities.

If, however, a person knows what documents are needed for registration in an apartment and registration will be carried out online through the State Service portal, then the determination of the period is as follows. After the documents are sent, the person will receive a notification within three days that he can come to the FMS with a passport. And on the day the citizen applies, registration will take place. That is, the registration period in this case is 1-2 days.

Registration will result in:

For adult citizens and persons over 14 years old, stamp in the passport indicating the date and address of registration;
For children under the age of 14, a residence registration certificate is issued, this is a separate document.

All information about registration is entered into the FMS database, and the documents that were submitted for registration are also stored in this institution.

The nuances of registration in a privatized apartment

In a privatized apartment, you can carry out two types of registration:

If not the owner is registered, then the consent of all the owners of the apartment is required, but the consent of not the owners, but simply the registered persons, is not needed in this case;
If the owner is registered, then no consent is required, even if the apartment is in shared ownership.

It is worth knowing that when registering in a privatized apartment, no standards for accounting for living space are applied, any number of people can register. But there is criminal and administrative responsibility for a fictitious registration. That is why, if a large number of people are registered in the apartment, then it is quite possible that a check will be carried out, which will entail negative consequences.

At the time of registration in a privatized apartment, all apartment owners must be present, except for citizens who have not reached the age of 18. If the owner cannot appear for the registration procedure for a good reason, then he can do the following:

This citizen has the right to transfer consent to another owner by a notarized power of attorney;
To independently certify a notarized power of attorney, then the registered person will be able to submit all the documents on their own, and the given consent together with them.

Sometimes citizens have a question whether it is necessary to register in a purchased apartment, and what documents are needed to register a child in this case. This registration is optional and is made at the request of the owner.

The nuances of registration in a municipal apartment

If registration is carried out in a municipal apartment, then the personal presence of all registered citizens with the exception of persons under the age of 18 will be required. They also have the right to transfer these powers to one of those prescribed by a notarial power of attorney. Or not at all, but then the statement and consent will have to be notarized, as when registering in a privatized housing.

The landlord will need to obtain consent on the administration form with the signature and stamp of the person in charge.

When registering a relative, the norms for accounting for living space per person are not taken into account, as in a privatized apartment. It is possible to register a non-relative in the following cases:

With the consent of all registered;
With consent municipal authority, that is, the local administration. This is expressed in the form of a document to move in or simply in the form of written consent;
Subject to the size of the permissible standards for accounting for living space per person.

The size of these norms is different, depending on the region, this information is publicly available, and you can find out about it from the housing inspectorate or from the local administration. If during registration it is revealed that the permissible rate is less, then the registration will be legally refused. The size includes the total area of \u200b\u200bthe apartment and the number of residents who are registered in it, regardless of where they live.

When a person knows what documents are needed to register a newborn child and children under 14 years old, he does not need the consent of other residents, since, by law, the child can be registered at the place of residence of his parents. This rule also applies to registration in privatized housing.

How to register a child

Registration of a child under the age of 14 takes place only:

With one of the parents or both, if they live together, if they live separately, then the issue of registration should be resolved by mutual agreement.
With a guardian or adoptive parent;
It is almost impossible to register a child with other relatives or strangers.

When registering a child in a privatized or municipal apartment, the following factors do not matter:

The accounting norm of the living space cannot limit the child's right to a residence permit;
The consent of other residents is not required.

As a result, the rights of the child who is registered in this apartment are equated to the rights of other registered citizens.

Required documents for registration of a child or newborn

There are a number of situations that determine which documents will be needed in the MFC for registration if a child is prescribed:

Parents are married and live together;
Parents are married, but registered in different places, then the child is registered with the father or mother;
Parents are divorced and registered in different places, then registration is made either to the father or to the mother.

When registering a child aged one month, the registration procedure is simpler, in which the consent of the father is not required. The following must be brought to the passport office:

Application from the mother to register the child;
Birth certificate of the child;
Mother's passport.

An application form for registering a child at the place of residence in form No. 6 can be obtained from a specialist at the passport office at the time of filing documents for registration. It is filled in according to the sample that hangs on the stands of this organization. Either the mother or the father can fill out this application, depending on who the child will be registered with.

Passports and birth certificates are provided only in originals and photocopies; it will also be necessary to provide a marriage or divorce certificate, and a certificate of paternity.

An extract from the house book can be obtained at the place of residence of one of the parents, with whom the child will be registered. It contains information about who is registered at this address. You can get this statement to any registered person at the MFC, if the child is registered in a private house, then a house book must be provided.

A certificate of a personal account, it contains information about payments for housing services and house management, as well as information about the characteristics of housing. This certificate may be required in ERITs or in the housing and communal services. According to the rules this document should not be provided, but it is often required under the old law, but if they are not provided in registration, they cannot refuse.

Second parent's consent. If registration is made in an apartment where the parents live together, then this consent is not required. In other words, the father can draw up documents, and register the child without the mother's consent, and vice versa. But if the parents are registered in different places, then the consent of the parent with whom the child is registered will be required. Consent is drawn up in any form in the presence of a passport office specialist. Some institutions provide uniform forms for this consent, as well as samples to fill out.

If one parent cannot be present at the registration of the child, then he can provide notarial consent. If there is no such consent, then registration will be carried out on the basis of a court decision, which establishes with whom the child will live.

It is worth knowing that when submitting documents for registration, some documents, such as an extract from a house register or a personal accountant, may not be required by a specialist, since this information is available in their database. But in order not to come to the FMS again, it is better to prepare a complete set of documents.

Often, citizens of the Russian Federation apply to the registration authority in order to obtain a residence permit in a private house.
To be able to obtain registration, you need to know not only the legislation of the Russian Federation, but also other important nuances.

General information

Dear Readers! The article talks about typical ways of solving legal issues, but each case is individual. If you want to know how to solve exactly your problem - contact a consultant:

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and WITHOUT DAYS.

It is fast and IS FREE!

The legislation of the Russian Federation provides for the need to issue one of several registrations, namely:

temporal;
constant.

- displays the need to obtain any kind of registration (temporary or permanent);
- displays the standard mechanism for obtaining registration;
- provides for the possibility of bringing to administrative responsibility in the absence of registration;
art. 322.23 of the Criminal Code of the Russian Federation - provides criminal liability in case of detection of a fictitious registration.

Registration in a private house

Depending on what kind of registration we are talking about, and who exactly needs to register in the house, it is necessary to pay attention to various nuances.

Constant

Registration in a private house carries with it the obligation to apply to the passport office with an appropriate application, which is approved by the Order of the FMS.

The application must be accompanied by:

documents confirming the ownership of a private house;
written permission from the owner or a court order regarding the move - if registration is not necessary for the owner;
passport + copies of all its completed pages or the original birth certificate of a minor child - depends on who exactly needs a permanent residence permit.

Of the additional documentation that may be needed during the registration process is the house book.

It is important to remember: when receiving registration, the applicant should not have a permanent residence permit. Moreover, citizens liable for military service must re-register at a new address of residence.

Temporary

Temporary registration may be required in the event that the period of stay in another locality exceeds 3 months.

There is no need to re-register if both addresses are within the boundaries of the same settlement or one subject of the Russian Federation.

In the process of moving to another region, citizens must definitely register in order to exercise their rights provided for by the Constitution of the Russian Federation.

From you must provide:

russian internal passport or birth certificate;
documentary confirmation from the owner of residential real estate - drawn up in writing.

For example, if we talk about a rented private house, then you must additionally provide a lease agreement.

Without ownership

This option of registration is very common, even though registered citizens who are not owners have very limited rights in relation to a private someone else's house.

For example, registered citizens do not have rights in the process of dividing a house or during implementation.

And yet, what rights does such a residence permit in a private house give? All that the registered person has the right to count on is the actual residence on the territory of the house and the possibility of using the property that is in it in order to ensure personal life.

Registration in a private house is allowed only with the permission of the owner, who at any time has the right to deregister the registered person, either with his knowledge or without.

In the latter situation, deregistration is carried out exclusively through judicial authority.

The owner's permission is not needed if it is registered, since, according to the law, it can be registered together with its legal representatives.

When you deregister a guest with a minor child, difficulties also arise, since it is necessary to additionally involve the guardianship and guardianship authorities.

In unfinished

There are often situations when citizens are forced to live in unfinished houses.

An unfinished house implies documentary evidence of its commissioning.
Some houses exist in fact, they have communications, and therefore citizens have the right to be in them.

However, according to the legislation of the Russian Federation, if a house is considered as such that has not been commissioned, then it means that it is considered as such that has not been commissioned. It is strictly forbidden to live in it, then there are no rights to obtain registration in it.

The legislation of the Russian Federation allows only the possibility of its implementation. For this reason, we can only talk about implementation if the unfinished house has not been commissioned.

Minor child

Registration of registration of underage children is carried out exclusively by its legal representatives. Up to 14 years old, children must be registered with a parent or guardian.
In the process of obtaining a residence permit, there is no need to obtain documentary permission.

If it is necessary to discharge the child from home in the future, it is mandatory to obtain prior consent from the territorial representatives of the guardianship authorities.

Often, the owners of a private home are forced to go to the court. In court, it will be necessary to document the place where the child will be registered after being deregistered.

If there is no evidence base, the judge has every reason to refuse to deregister. As for the mechanism for obtaining a residence permit from children, it is not much different from that provided for adults.

A distinctive feature is that you do not need to go to the housing office, but you need to go to the passport office, taking with you in addition to the main package of documents and the house book.

Shared ownership

If a citizen owns a private house on the basis of fractional ownership, then it is possible to register only on his own part of the building. In this case, not the whole house will be displayed in the registration, but only a part of it.

If part of a residential building is isolated from the rest, it has its own entrance / exit, load-bearing walls and so on, then you can register without the prior consent of other owners, otherwise you cannot do without it.

However, this rule does not apply to minor children whose parents register them at home.

Registration procedure

Depending on how the decision was made to obtain registration, the mechanism of action may differ in 2020.

Through the MFC

Registration in a private house is practically no different from other options.

The algorithm is as follows:

Collecting what you need.
Contact the nearest MFC representative.
Submission of documents.
Waiting for verification of the authenticity of the received documentation by authorized persons.

On the basis of the submitted documentation, the authorized persons make a decision on the provision of registration at a specific address.

Additionally, it is necessary to pay attention to the fact that the MFC is only an intermediary between the applicant and the registering authority, and this has any effect on the time of registration.

other methods

It is customary to refer to other methods of obtaining a residence permit:

appeal to;
appeal to the housing department;
formation of a request through the official.

After a request is generated on the website, you will need to appear at the appointed time at the registering authority and submit the original documents. After checking them, registration will be provided.

What documents are needed?

The main package of documents includes:

a statement that must be drawn up according to the established rules;
title documents for a private house;
the applicant's internal passport or birth certificate - depending on who needs registration;
permission from the property owners to obtain a residence permit - if necessary;
house book - provided as additional documentation at the request of authorized persons.

In the event that there is a need for temporary registration, then additionally you need to prepare a document-basis, for example, a lease agreement.

Sample application

Drafting is considered one of the key steps in the registration process.

It must contain such information as:

full name of the registering authority;
information about the applicant;
information regarding the place of registration;
passport information.

Timing

The registration period does not depend on how the required package of documents will be transferred.

The legislation of the Russian Federation does not establish a strict time frame, however, according to generally accepted rules, the period does not exceed 3 days, provided that reliable information is provided.

If the applicant has not provided a complete package of documents, then the period may be increased to 10 days.

Reasons for refusal

The main reasons for refusal are as follows:

errors in the submitted application;
provided inaccurate information;
not a complete package of documents has been submitted.

According to the law Russian Federation № 5242-I "On the right of citizens of the Russian Federation to freedom of movement, choice of place of stay and residence within the Russian Federation", mandatory registration of citizens at the place of stay and place of residence was introduced on the territory of the Russian Federation.

This concept can be replaced by the term "registration" used in the legislation before the entry into force of the above-mentioned normative document.

This law regulates the rules for the registration and deregistration of citizens of the Russian Federation, as well as the fulfillment by officials of the relevant state institutions of the requirements of registration legislation.

Thus, every citizen of the Russian Federation is obliged to “designate” his place of stay by registering within 90 days. For violation of this requirement, administrative liability is provided under Art. 19.15.1 of the Code administrative offenses RF.

In addition, the presence of registration gives a person the opportunity to contact state institutions and institutions as well as bodies executive power to exercise their rights and freedoms on the "territorial" principle.

Earlier we answered a similar question -.

Is there a residence permit without the right to a living space?

Not every person has the opportunity to have their own home, but somewhere to live, work, study is simply necessary. Therefore, many people need registration.

Registration is mandatory not only for citizens of the Russian Federation, but also for persons staying in our country for more than a specified period. Registration of a residence permit without the right to a living space is a widespread process today.

Its essence is that, apart from the right of residence, a person registered on a living space that does not belong to him has no rights to real estate.

In the practice of registration legislation, cases of registration with relatives and family members are most common. But quite often the residence permit is granted to absolutely strangers, for example, foreigners working in Russia.

Registration without the right to a living space

In accordance with the law, registration gives a person the right to reside at a registered address.

Registration without the right to a living space does not endow the tenant with any rights to property, but defines the range of duties to be performed, such as:

housing maintenance
payment for housing and utilities

Registration without ownership is:

Temporary
Constant

Temporary registration without ownership

Temporary registration on the territory of the Russian Federation for a period from 3 months to 5 years.

As a rule, the housing in which a person is registered according to this system is not a place of permanent residence, he uses this living space only for a while.

Temporary registration without the right of ownership does not imply the ownership of residential premises or shares in it, and also does not give the right to dispose of property, but provides a legal right to reside.

Registration of temporary registration does not cancel the presence of permanent registration of a citizen of the Russian Federation. After the end of the term of registration, the person is deprived of this right.

Temporary registration is confirmed by a special document-certificate of registration at the place of stay. To date, temporary registration does not imply any serious problems for the homeowner in case of controversial issues.

However, a temporarily registered citizen can legally register his minor children on this living space for a period for which he is registered himself.

In this case, the consent of the homeowner is not required.

Permanent registration without ownership

Permanent registration involves a more complex procedural relationship between the tenant and the owner. Therefore, not everyone is ready to register on their living space on a permanent basis, not only a relative, but even more so an absolutely stranger.

The effect of a permanent residence permit is terminated from the moment the citizen is discharged on his own initiative or comes into force judgment on forced termination of registration. Permanent registration is usually formalized at the place of residence of a person, however, its presence at a specific address does not oblige a person to live there.

Permanent registration is confirmed by a special stamp in the passport.

A person registered on a permanent basis can only be discharged from his apartment or house with his consent to this procedureotherwise, the question of deprivation of his right to live at the address of registration will be decided by the court.

The law of the Russian Federation gives the right to a citizen permanently registered in someone else's living space to register his minor children there without the permission of the owner of the home and other persons registered there, since, in accordance with the law, minor children are registered only at the place of residence or registration of one of the parents.

Registration even without the right of ownership gives a person certain rights to use the property located in the occupied living space and free access to all premises ..

To regulate the procedure for using the property by a registered person and in order to avoid further disagreements, experts recommend pre-signing a rental agreement for residential premises or free use them, in which to consolidate the rights and obligations of the tenant and indicate the fact and nature of his registration at this address.

To this agreement had legal force and could be accepted as an official document, it is recommended to notarize it. It is impossible to register or discharge a person from the living space without his presence, this action will be considered illegal and violate the rights of a citizen.

But in exceptional cases, when a person is absent for health reasons or for other reasons that do not allow to be present at the procedure, it is possible to represent the interests of this citizen by another person on the basis of a notarized power of attorney.

Any citizen who has his own home has the right to register any person on his meters, regardless of whether he is a relative or a stranger. The question is somewhat different when registering in municipal housing.

The procedure for registration in privatized housing

As mentioned above, every citizen has the legal right to register anyone on his living space, but this is in the event that he is the sole owner.

In the case of shared ownership, the consent of the other owners of the apartment or house is required for the registration of another person.

The only exception is registration of minor children.

In order to register a new tenant on a temporary or permanent basis on your living space, you need to submit an application to the passport office, the MFC or the FMS at the place of residence, attach the necessary documents and wait 3 days.

If it is necessary to obtain supporting information, an official of the registering authority has the right extend registration to 8 days.

These terms are regulated Federal law No. 5242-I "On the right of citizens of the Russian Federation to freedom of movement, choice of place of stay and residence within the Russian Federation" and Order of the Federal Migration Service of the Russian Federation No. 288.

The procedure for registration of registration in privatized housing:

The citizen you want to register in your living space on a permanent basis, you must check out from your old place of residence.
You, as the sole owner, as well as other homeowners, where the new tenant will register, if any, write their consent to this.
Who wants to get a residence permit, in turn, fills out an application for its provision at your address. If the citizen has not received an extract from the old place of residence in advance, he indicates in the application the addresses of "departure" and "arrival".
All applications are accompanied by the following documents:

passports of all owners and registered
certificate of registration of ownership
agreement confirming the transfer of housing into ownership
power of attorney on behalf of other owners in their absence (if necessary)

The person who prescribes provides:

an extract from the previous place of registration
military card or registration sheet (for those liable for military service).

If the citizen has not previously made an extract from the old address, the registration period for registration may last up to 30 days.

The procedure for registration in municipal housing

If you are a public tenant and want to register a person other than your immediate family member, you must obtain permission from your local government.

At the same time, the number of people registered in municipal housing is strictly limited by its footage.

The amount of living space for each registered and resident person is regulated by Art. 50 of the Housing Code of the Russian Federation - it gives the right to determine this norm to local governments. On average in Russia, it is 10 square meters. m. for one person. ?

For temporary or permanent registration for a residential space in municipal ownership, you must provide:

To a citizen who prescribes:

passport
departure sheet
application for registration

Public housing tenant and other residents:

passport
employment contract, warrant
consent for registration of all tenants
permission of the lessor (local government)

To obtain permission from the owner of the living space - the administration or the Property Management Committee, a written application from all tenants of municipal housing is required. The above documents are sent by territoriality to the passport office, the MFC or the TP of the FMS.

Registration agreement without ownership

When granting the right to live on your living space to third parties through registration, you must reinsure yourself against possible unpleasant moments.

A guarantee of compliance with your requirements, legislation, as well as confirmation of mutually agreed decisions between you and those who wish to register, can be a registration agreement without ownership. Often, this is lease agreement or free use of residential premises, indicating the right of registration.

The contract must indicate:

type of registration (temporary, permanent)
terms of registration (if it is temporary)
number of new tenants
rights and obligations of new tenants
degree of kinship (if relatives are registered)
an indication of the lack of any rights to the ownership of the living space or part of it, as well as the disposal of the property located there.

It is best to notarize such an agreement, which will give it more weight in the eyes of the law.

Registration of a child without the right of ownership

As already mentioned in our article, you can register a minor child only at the place of stay or registration of one of the parents. If they are registered on someone else's living space, they have the right to register a child without the consent of the owner or owners of real estate.

In this case, the children also lack any property rights to this living space and they cannot claim it or part of it.

In accordance with the law, a month is given for the registration of a minor child, however, the law also stipulates that a citizen cannot stay without registration in the territory of the Russian Federation for more than 90 days.

The essence of such a contradiction is that after the expiration of a month, if the parents have not registered the minor at the place of stay, they receive a warning.

If the child is not issued a residence permit within 90 days, the parents face a fine from 2,000 to 3,000 thousand rubles.

Registration of minor children is carried out at the passport office at the place of residence with the provision of the following documents:

original and copy of the child's birth certificate
original and copies of parents' passports
original marriage certificate
an application from one of the parents to register a child at the address where he lives or is registered
extract from the house book and personal accounts (if you need an extract from the house book about those registered in a private house, you must take it from the owner of the house, the apartment books are already in the passport office). We have already told you earlier.
statement from one of the parents about his consent to register the child with the second parent.

After completing the procedure, a special certificate of registration at the place of residence is issued, which guarantees his rights.

The difference between registration and registration

Many of the terms "registration" and registration "are used interchangeably, but from the point of view legal aspect these concepts and the processes that they characterize are somewhat different from each other. The term "registration" was used in the Soviet Union, and it meant a lot for our grandmothers, grandfathers, fathers and mothers.

But after 1995. registration (or in a new manner - registration), issued on someone else's living space, became only a confirmation of the right to live on it.

The differences between prescription and registration are as follows:

registration in the context of our Soviet past was of a controlling nature, that is, in this way the state controlled the movement of citizens around the country.

Registration, in turn, forms the relationship between citizens and the state in the notification plane. By registering, a citizen notifies the state, represented by the registration authorities, about the place of his present place of residence.

registration gives the right to stay, but not the right to own or dispose of the occupied living space, while registration was a confirmation of ownership.

The use of such legally distinct and yet somewhat identical terms would be rashly considered error or ignorance. The realization of the right of every citizen to reside, where it is convenient for him, will depend not on the term used, but on the legislative and legal norms in force in the state.

Each of us faces the need for registration at least once in our life. The concept of "registration" appeared in the 90s. However, now the term "registration" is used more. What are the main benefits of registering? How can a person be registered in an apartment? What nuances need to be considered?

What does registration give?

A citizen of the Russian Federation, when living in a room that belongs to the housing stock, must be registered there. If a person is registered in an apartment, he can use the living space on an equal basis with the owner within the framework of the agreement established between them, of course. Additional rights of a person registered in an apartment are as follows:

the opportunity to receive free qualified medical care,
obtaining a compulsory medical insurance policy,
prospects of admission of a minor to school, kindergarten,
execution of credit agreements.

If the housing has not been privatized, the citizen can become a claimant to obtain ownership of this property. It is also important to remember that for living in a residential building without registration, a fine of up to 2500 rubles is provided.

Types of registration

Russian legislation has established two types of registration - permanent and temporary registration. Permanent is indefinite. But the temporary one is valid from 3 months to 3 years, while the procedure at the place of permanent registration is not performed. Temporary registration is also issued to those Russians who are in hotels, sanatoriums and other legalized places of stay. The administration of these institutions is responsible for registering residents.

Permanent registration is a mark in the passport, which indicates the date and address of registration. If minors are prescribed, a corresponding certificate of registration is issued on paper. Temporary registration is made only on paper.

How many people can be registered in the apartment?

The following factors affect the maximum number of people that can be registered in a dwelling:

living space parameters,
legislative acts of a specific constituent entity of the Federation,
type of property.

If consent was received from all its owners for registration, an unlimited number of people can be registered. If the apartment is a departmental one, you must obtain permission from the organization that provided it. When the property is in municipal ownership, registration is made after obtaining consent from the organization that provided it for residence. How many people can be registered in a municipal or departmental apartment? This issue is within the competence of organizations that provide housing for living.

What documents are required?

The documents for registration in an apartment must be prepared as follows:

Passport of the citizen you want to register.
Application on the standard form.
Receipt for payment of the state fee.
Original certificate of ownership of real estate.
Written permission from other homeowners (if any).

In addition, it is necessary to fill out a registration permit form in the presence of an FMS specialist. If there are several apartment owners, they all need to fill out a permit. When the owner of a dwelling, for personal reasons, cannot personally participate in the registration procedure, he has the right to transfer such powers to his authorized representative. To do this, you need to issue a notarized power of attorney.

It is also advisable to show the migration service employee the departure sheet received by the citizen upon discharge from another place of residence. Is it possible to register a person in an apartment without a departure sheet? Of course yes. The FMS specialist makes a request to the territorial office of the service for the former address of the citizen's registration, after which he is automatically removed from the register. When registering a registration, you should also take into account that when you deregister at the same address and re-register, you must contact the relevant services within a week.

Where to go?

According to the legislative norms of the Russian Federation, every Russian can independently choose a place of registration in any corner of our country. Where to go to register a person in the apartment? The following organizations are involved in registration issues:

housing maintenance department management company (in other words, the passport office),
multifunctional centers (MFC),
territorial branches of the FMS.

The responsibility for the registration of citizens of the Russian Federation at the place of residence is assumed by the FMS. Passport offices and the MFC are only engaged in accepting documents, and then sending them to the FMS, after which they receive and return. These organizations are designed to relieve the FMS's employment and simplify the registration process.

Processing period

You can register a person in an apartment pretty quickly. In the department of the migration service, the procedure takes no more than 3 days. However, when contacting the MFC or the passport office, the period can be increased to a maximum of a week. The process of withdrawal and registration is carried out at a time. Therefore, the day of discharge, as a rule, coincides with the date of registration at the new place of stay. All information about registered persons is entered into a single database of the Federal Migration Service, which exists both in paper and electronic form. Documents submitted for registration are also stored in the department of the migration service.

If the apartment is privatized

If the housing is privatized, registration in the owner's apartment can be carried out in two ways:

If third parties are registered, permission must be obtained from the owners. You do not need to obtain permission from non-owner residents.
If the owner himself is registered, no additional permissions are required.

Registration in the apartment of a third-party owner assumes that all property owners will visit the FMS or another authorized service. Minor owners are not required. The documents can be transferred either by the person who registers the person, or by another owner with his consent or by his authorized representative. In such a situation, the registered person independently submits documents for registration.

Registering parents in the apartment, as well as other relatives, will not be difficult. It is important to remember that the norms of living space in this case are not taken into account.

If the apartment is municipal

If housing is municipal, then a person? The registration process is no different from the above scheme. Registration will require the attendance of registered persons with the exception of minors. However, attendance is not required if such powers are delegated by proxy.

How to register a relative in a municipal apartment? It should be noted here that the norms for registering living space do not apply to relatives. Therefore, it is not difficult to register a wife, husband, parents, children and other close relatives.

But the registration process for non-relatives will be more complicated. To do this, you must obtain permission from the municipal authority and all persons registered in the apartment. In addition, housing accounting standards must be observed. The value of this norm is set individually in each region of the Russian Federation. The necessary information can be obtained from the administration of the settlement. It is important to remember that registration will be refused if the norm is not respected. When calculating it, the total area of \u200b\u200bthe apartment and the number of actually registered persons are taken into account.

How to register a minor in an apartment?

To register a child under the age of 18 in an apartment, you need to take into account several nuances. When registering a minor, you do not need to obtain the appropriate written permission from the property owners. Each child can be registered in an apartment where his parents or legal representatives or one of them are registered.

In addition, additional documents will be required for the registration procedure:

birth certificate of a child,
written consent from the second parent or legal representative for registration,
certificate of registration from the second parent, if they are registered with the first in different places.

Is it possible to register a person without his presence?

By russian laws, it is not allowed to register and deregister people without their personal presence. However, in practice, this is possible when, due to certain circumstances, a citizen cannot be present during the registration procedure.

The procedure in this situation will proceed as follows:

The registered person draws up on his own behalf a notarized power of attorney. The trustee must be legally capable, of age and fluent in Russian. The owner of the apartment fills out all the necessary forms at the notary. His authorized representative signs the application. All adult property owners must be present when signing the power of attorney.
In the department of the FMS or other authorized service, a statement of form No. 6 is written. All papers are signed and filled in by an authorized person. The power of attorney is provided to the service specialist. The documents for registration in the apartment are the same as in the general case.

After submitting the documents for registration, the registrar will inform the terms of the readiness of the registration. A trusted person can also pick up the passport.

How to get a temporary residence permit?

The process of obtaining a temporary registration as a whole does not differ from the algorithm described above. Temporary registration is most often made when renting an apartment. To obtain it, the registered citizen and the owner of the apartment apply to the passport office together. The residence permit will be valid for the period specified in it, while there is no need to deregister the citizen after the expiration of the validity. An employment contract is required as an additional document. For temporary registration, each owner completes an application of a special form.

Thus, the process of registering a person in an apartment is quite simple and straightforward. To do this, you need to collect the necessary documents and submit them to the FMS, the passport office or the MFC. In order not to have problems with the execution of the document, you must carefully fill out all the forms and follow the recommendations of the specialist of the relevant service. The terms for registration of registration are usually no more than a week.

To dispose of the apartment, the owner does not need a residence permit; ownership is enough.

Registration conditions on a permanent basis

The procedure for permanent registration in a purchased, inherited or donated apartment practically does not differ... The only difference will be only the foundation agreement.

The conditions for registering in an apartment on a permanent basis are as follows:

When registering a residence permit, you should remember that a citizen cannot be registered at two addresses... In this case, the simultaneous presence, but not two registrations of the same type at the same time, is possible.

The presence or absence of permanent registration does not limit the owner in his rights to dispose of the apartment.

Where should you go?

In order to register on a permanent basis in your own apartment, you need to contact the passport office at the place of residence. If there is none, for registration it will be possible through territorial branch of the migration service (FMS) or in the nearest multifunctional center (MFC).

The extract is carried out at the passport office at the place of previous residence with the obligatory receipt of a departure sheet.

However, for registration it is not enough, you also need to have a registered ownership right.

If there is none, then first you will need to contact the Rosreestr management for.

To obtain the necessary certificate, you must submit a corresponding application, with the attachment of a passport, a receipt for payment of state duty and a document confirming the transfer of the apartment.

Having received a ready-made certificate and having collected the necessary documents, you can contact the FMS (passport office) or the nearest MFC.

You can apply for permanent registration via the Internet. This requires go to the website of public services and fill out a special application form.

The application form can be downloaded in advance, printed and used to apply in the usual way.

When filling out an application in the absence of an extract from the previous place of residence it is enough to fill out a special tear-off coupon attached to the registration application.

The completed electronic application will be sent to the registering authorities and a few days later a registration stamp will be put in the passport.

What documents are required?

To register in your own apartment you will need:

It is advisable to show the original documents to the employee of the registering authority and attach copies of them to the application.

Deadline for registration

Citizens of the Russian Federation are obliged to register at the place of residence no later than seven days from the date of arrival at the new address stay after being discharged from the previous place of stay.

This obligation is enshrined in clause 16 of the "Rules for registration and removal of citizens of the Russian Federation from registration at the place of stay and place of residence within the Russian Federation", which are approved by Government Decree No. 713 of 17.07.1995.

Delay in registration is fraught from 2 to 5 thousand rubles.

It should be noted that the seven-day period is calculated from the moment of arrival at the address, and not from the moment of deregistration. It is possible to confirm the arrival date, for example, by presenting a pass, although this is not considered mandatory.

If the extract at the previous address has not been made, then the owner has the right to issue a permanent registration at the new address at any time, regardless of the period.

However, you need to remember that living in a region other than the place of permanent registration, more than 90 days requires registration, permanent or.

Terms and cost of registration

When applying for registration, an employee of the registering authority will check the correctness of filling out the application and the presence of all required documents... After that, the passport is handed over for affixing the registration mark and the date of its receipt is set.

If the statement was issued in advance, then registration can be carried out on the same day. In the absence of a statement the procedure will take from 7 to 14 days.

On the appointed day, you must appear and pick up your passport already with a stamp of registration. You can only get a passport in person, since the recipient is required to put a signature in the register book.

If family members are registered with the owner, they will be required to provide documents confirming their identity, and from the owner - consent to registration.

Some firms offer assistance with registration for a certain amount of money. But registration held free... Therefore, if everything is in order with the documents, then there are no difficulties with registration and there is no need to pay for it.

The need to pay in the form arises only when the period of registration prescribed by law is delayed.

Video: Step-by-step instructions on how to register in an apartment

In the video, the lawyer talks about the procedure for registering citizens of the Russian Federation at the place of residence and at the place of their temporary stay.

Instructions are given on how to proceed in order to quickly and easily register in the apartment, what documents will be required for this procedure and what difficulties may be encountered in this case.