Registration at the place of residence does not give the right to apply for housing

Current Russian legislation provides for mandatory registration. It applies to citizens of the country and foreigners visiting it.

Registration can be temporary or permanent. It is issued at the place of actual residence of the person.

This procedure is established by Federal Law No. 5242-I, adopted in 1993.

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What is permanent registration

The fundamental difference between temporary and permanent registration is expressed by the validity period. Temporary registration cannot exceed 5 years; permanent registration has no expiration date . It is indefinite, provides a person with the opportunity to live in residential real estate, but does not provide him with ownership rights to it.

Current legislation does not allow a property owner to evict a person without his or her consent.

Important. The decision to discharge a person from a residential premises can only be made by a court.

A person needs permanent registration to exercise a number of his social rights.

For example, it provides a person with the opportunity to apply for pensions and other social benefits at his place of registration, and to receive a certain list of medical and educational services.

The existing procedure for registering children in kindergartens, nurseries and schools provides for priority provision of places in them to residents of the area in which they are located. Having a permanent residence permit gives citizens the opportunity to contact financial institutions to obtain a loan or apply for a mortgage. It is also required when applying for a job.

Is it possible to register for apartments and lofts? About this and more on our website.

Types of registration

• Temporary - has the advantage that a person does not have to give up the right to have a permanent residence permit. The maximum period is 3 years. After which you will have to update your registration. Suitable for students, shift workers, tourists (who come for a long time).
• Permanent - performed only with the direct consent of the owner of the property. Has no time frame. Cancelled by the owner of the apartment or the person making the application when he decides to move somewhere.

Important: registration, even permanent, does not give a citizen any rights to living space. Even a spouse who is registered in the apartment of the other half after registering the marriage does not receive any rights to it. If the property was purchased earlier, before marriage.

Therefore, the owner can safely register tenants.

By law, any person in the country must be registered. Even a foreigner, if he came for a long time. Otherwise a fine will be imposed.

Without the right to living space

Citizens who do not have their own housing are forced to rent someone else's property. When registering at their place of residence, many of them are faced with the reluctance of the owners to register them in their housing as at their place of residence. Without the right to living space, both temporary and permanent registration are issued. You can apply for it in private, municipal or official housing.

Along with the right of residence, permanent registration imposes a number of responsibilities on a person. The main ones are paying utility bills and bearing the costs of maintaining places of residence in proper condition. Law No. 376, adopted in Russia in 2013, popularly known as “on rubber apartments,” prohibited the registration of citizens in residential premises without permission for the person to actually live in them. Violators of this law may face not only a fine, but also criminal liability.

Find out about registration in a communal apartment and common property on our website.

How long not to register

It is worth paying attention to the fact that for a certain time people may not register in the country. Registration without the right to living space must be issued:

• no later than 90 days for foreigners;
• within 7 days for citizens of the Russian Federation;
• without restrictions, but preferably a month in advance - for newborns.

Is it possible to obtain permanent registration without the right to living space?

The current legislation in the Russian Federation allows you to obtain permanent registration without the right to living space.

This means that a person registered in a residential area cannot dispose of it at his own discretion in the same way as the owner of the property does.

When, who and under what conditions to register in their residential premises, the owners decide independently, if they are their sole owners.

In the case where residential real estate is in shared ownership, someone can be registered in it only with the written consent of all owners.

The interests of minor owners in such agreements are represented by their guardians.

Attention! The consent of the owners is not required when registering minor children at the place of registration of their parents.

Such registration is completed at the territorial branch of the passport office. To carry it out, you must submit an application, originals and copies of documents:

• providing information about the birth of a child;
• parents' identification documents;
• marriage certificates.

Along with these papers, another application is submitted. One of the parents provides it to the passport office. It contains his consent to register the child at the place of registration of the second parent. Along with it, you must provide to the passport office an extract from the house register or personal accounts confirming the fact of residence of the father or mother at the child’s registration address. The processing time for permanent registration ranges from 3 to 8 days.

When registering strangers in their living space, property owners can enter into a lease agreement with them.

It stipulates the conditions for the use of housing, the form and system of payment, as well as the conditions for checkout from the apartment. To give the contract legal force, it is certified by a notary.

In the event of a controversial situation between the owner of a residential premises and a person registered in it, the document may be presented to the court to consider the issue of discharging the tenant.

Temporary registration of a person in an apartment without ownership rights

Issues of registration (or more precisely, registration) since the times of the Soviet Union have been quite painful for citizens and raise many questions. Some cases related to registration are widespread in everyday life, but, nevertheless, few non-specialists are able to correctly understand all the nuances.

For example, temporary registration, at first glance, is not something difficult for the average person to understand. But if it concerns real estate that is owned, and registration in this apartment is not permanent, then not only misunderstandings are possible, but also certain concerns of its owner.

The main concern is whether the person who received temporary registration will be able to obtain certain rights to this property.

First you need to understand what temporary registration is and when it is used. According to the law of the Russian Federation, any citizen who stays outside his place of permanent residence for more than a certain period of time must register in the place where he is located. For example, a young man, after graduating from school, decided to continue his studies at a university in another city. To do this, he must register for non-permanent registration in the hostel. But it is also possible to register with relatives or even strangers (for a certain fee) in apartments owned by these people.

Naturally, permanent registration is not required in such a situation. The same can be applied to people working in other places, or being away from their place of permanent residence for other reasons.

The main distinguishing feature of temporary registration in a privately owned apartment is that the person being registered only receives the right to live in it and the person’s presence in the given region is legitimized. The registered person does not receive any other rights. This means that by providing temporary registration in his apartment, the owner does not delegate any rights other than the right to reside. Naturally, the person being registered does not receive ownership rights to the property.

Despite the apparent simplicity of the question, there are many nuances that are not known to everyone. If the owner temporarily registers an unauthorized adult, then everything said is fully applicable to the situation.

However, if a minor child is temporarily registered in the apartment, then terminating the registration will be difficult for the owner. Moreover, such difficulties can arise even if the initial temporary registration is received by a person who then registers minor children with him (in such a situation, even the consent of the owner is not required). Complications are also possible when registering relatives, even distant ones.

That is why specialists at the legal portal bukva-zakona.com recommend that when applying for temporary registration, you should always conclude a bilateral agreement in order to prevent any difficulties from arising in the future.

The set of mandatory documents for temporary registration includes:

• a statement from the owner of the apartment containing consent to the temporary registration of a person in his living space; this application must also indicate the period for which temporary registration is required;
• certificate about those living in this property;
• personal documents of the person being registered.

The entire registration procedure is carried out at the offices of the Migration Service. The period required for this, provided that all required documents are in order, does not exceed one week.

As for the agreement between the owner of the apartment and the person registered in this apartment, this document, despite its importance and significance, is not mandatory. Any demand by officials to present it can be considered illegal.

However, it is the contract that can protect both the owner of the apartment and the person being registered from potential problems. The owner of the property receives guarantees that no claims to the right of ownership will arise from the temporarily registered persons. Those registered will receive guarantees that the owner will not suddenly, without any reason or justification, put them out on the street before the end of the registration period.

The contract should reflect the following points:

• the period for which temporary registration is granted;
• the address of the property where the person will be registered;
• an indication of the fact that the person being registered receives a residence permit in this living space, but will not have any property rights to it;
• additional obligations of the parties to the contract (for example, the owner’s obligation to provide the registered person with the right to use the home Internet or any other provisions);
• if an agreement is drawn up between relatives, even distant ones, then the degree of relationship must be reflected so that in the event of a negative development of the situation and the judicial method of eviction, the court does not have grounds to recognize this person as a family member.

If desired, the agreement can be certified by a notary.

Thus, temporary registration does not imply obtaining the rights of personal ownership of the property, but in any case it is better to play it safe and draw up a bilateral agreement between the owner of the apartment and the person registered in it.

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Why is it dangerous for homeowners?

Not only private individuals can be owners of residential premises. Municipalities and industry departments can act as their owners. A person's registration in municipal housing gives him the right to participate in privatization if he has not previously taken part in this program.

So, what are the consequences of permanent registration for the owner? For homeowners, it can create great difficulties when selling real estate or obtaining collateral to obtain a loan.

It is not so easy for the owner to discharge a person from an apartment, even through the court. This is especially difficult to do if the person registered in the apartment is a close relative of the owner. Difficulties also arise when inheriting residential premises.

Pros and cons of this registration

Advantages of permanent residence:

• the opportunity to apply for participation in privatization and become a co-owner in case of registration in a municipal apartment
• impossibility of eviction of a citizen without his consent before the expiration of the contract. Controversial cases will have to be resolved through court, proving to the owner the negligent behavior of the guest.

The advantages of temporary registration are the inability to influence any transactions with the apartment, as well as the amount of utility bills. The disadvantages of registration most concern homeowners.

Indeed, if permanent registration is carried out and a person does not have his own home, it will be problematic to discharge him onto the street. Even the court will not agree to this.

Citizens often turn to lawyers regarding the eviction of negligent guests. On the other hand, a postscript is simply necessary. After all, a newborn child without registration will be denied medical care, and an adult will be denied employment.

Important! Long-term absence of registration entails fines. Still, you need to negotiate with the homeowners, and of course, behave appropriately when moving into someone else’s territory.

If any disputes or nuances arise, lawyers are always ready to help. In fact, it is better to negotiate with homeowners and resolve conflicts peacefully and within the framework of the law.

Didn't find the answer to your question? Find out how to solve exactly your problem - call right now: +7 (Moscow) +7 (812) 309-53-42 (St. Petersburg) It's fast and free!

How to register in an apartment if you have completed electronic registration of ownership

In case of electronic registration, you must provide an extract from the Unified State Register as a document confirming ownership of the apartment.
It arrives by email along with registered documents after registering the transaction with Rosreestr. According to Federal Law 218, ownership of real estate is now certified by an extract from the Unified State Register of Real Estate. Rosreestr no longer issues paper certificates, so they have no right to demand them. If you are refused to accept documents, refer to the law and demand an official refusal indicating the full name and position of the employee. Send the scanned refusal to Specialists of the Electronic Registration service will help you resolve this situation.

Registration: without property rights

Registration of both types is regulated by law:

• Law of the Russian Federation No. 5242-1-FZ of 1993.
• RF PP No. 173 of 1995.

In particular, laws explain what any procedure is. Registration means that government authorities have recorded in writing information about where the citizen is located. You can also find out from the relevant institutions how to register a person without rights to living space.

The citizen himself must notify the authorities about the registered ones by sending an application filled out in a special form. This is also required when it is necessary to discharge someone.

The owner of the property puts his signature on the document, thereby expressing his consent to accommodate another person in his space. It doesn’t matter what the term of the contract is.

The standard rule states that the registration procedure itself does not entail the emergence of rights to living space. A sample of documents confirms this.

Organizations serving the population are often assigned to districts. This is how schools and kindergartens and clinics work.

What does registration without property rights give? Access to the following services:

• Designing work that will be preserved permanently.
• Receiving pension payments and benefits, subsidies.
• Mortgage agreements and loans.
• Obtaining documents for sending children to schools and kindergartens.
• Possibility to go to a medical facility. Often people register relatives for this purpose.

Any failure to comply with the requirements of the laws mentioned above is considered a serious violation. If the deadlines for registering are not met, there is a high probability of administrative liability. Is it possible to register in an apartment without ownership rights? The answer will be yes.

Registration - procedure and required documents

The owner of the property always decides who will live and who to register with him. Tenants can register if the owner agrees, but this will only confirm their actual residence, nothing more. Then they will not be able to lay claim to the property.

When the housing property is municipal, you can register with the consent of the responsible tenant. This is a person who lives and is registered there and is responsible for the condition and use of municipal property.

Procedure for the registration procedure: First, anyone wishing to register must visit the passport office so that specialists will issue him a departure slip (if he is going to receive a permanent registration, this is not necessary for a temporary one).

The owner of the apartment and the other citizens registered there all draw up a written consent allowing a new person to register.

The citizen takes the documents and again goes to the registration authorities (passport office). If he initially did not receive a departure slip, then he immediately indicates both addresses in the application. A specialist will show you the required example sample on site.

Required documents:

• passports of the owner and all registered residents, plus the passport of the citizen wishing to register;
• a document (can be an extract) proving the owner’s rights to the property specified in the application;
• leaflet – departure;
• military ID (men only);
• statement.

If the housing is municipal, then in addition you need a permit issued to the responsible tenant by the municipal authority. To receive it, all residents must write a corresponding application.

Important: if a citizen intends to register not in an apartment, but in a private house, then to the listed documents he adds a reference issued by specialists. He evaluates how reliable the specified house is and whether it is possible to live there at all.

By the way, when a new tenant is going to register in municipal housing, he can then lay claim to some part of the apartment (house), especially if the tenants decide to privatize the property.

The procedure for registering a person without the right to property

Persons who are not its owners can be registered in a residential premises in the following manner.

In privatized housing

In private housing, registration of residents is carried out at the request of its owner. To complete it, you will need to submit an application to the registration authorities, as well as the consent of the owner of the living space to move in the tenant.

The application itself can be submitted in person, sent by mail, or submitted through the public services portal or the MFC.

In public housing

Residents in housing leased from the municipality can be registered subject to the following conditions.

To move in close relatives (spouse, children, parents), you will need to obtain consent from all members of the family living with him. Other persons can be accommodated with the approval of the tenants by the tenant's family and the landlord.

Read more about how you can register in a municipal apartment in the corresponding article. ⇐

In dorm

You can also obtain permanent registration at the hostel . It is drawn up with the consent of the owners (proprietors) of the hostel. It is also possible to carry out temporary registration in the hostel.

Registration of a child without ownership rights

Registering children in an apartment does not automatically give them the right to this living space. They get the opportunity to live in the apartment, but do not become its owners. .

List of documents

To obtain registration, you will need to write an application using the appropriate form. In addition to this, you will need to provide:

• your passport (for children - a certificate);
• grounds for moving in (tenancy agreements, etc.);
• consent from the owner to move in.

You can find out more about what documents are needed for registration in any city of the Russian Federation in the corresponding article.

Price

Registration in Russia is completely free. Therefore, you do not need to pay any fees to apply for registration.

What does the owner risk?

Registering an adult has virtually no consequences. In accordance with the legislation of the Russian Federation, the right of ownership of residential premises does not accrue to a registered citizen. All the myths that report about the re-registration of an apartment have their origins in the USSR. But it is worth remembering: similar cases occurred in another state, in which there was no concept of private property at all. All citizens entered into social tenancy agreements and, on its basis, lived in the house. Accordingly, anyone registered could claim to receive their share.

USEFUL INFORMATION: Child rights protection bodies: where to contact in case of violation

But certain consequences of registering a citizen on private property still exist:

1. Increase in utility bills. There are two options: if meters are installed in the apartment, then costs will increase to a minimum, especially if the new tenant does not plan to move into the apartment. Payments will increase only for those services that are calculated separately for each resident, for example, with the introduction of “garbage reform”, for solid waste disposal
2. if payment is made according to the social norm, the costs will become significant, since the amount of payment directly depends on the number of registered

It should also be remembered that a citizen can register other people at his place of registration without the consent of the direct owner of the living space. This applies to minor children who, in accordance with Article 20 of the RF Housing Code, are registered at the residence address of one of the parents. So, registering strangers, especially pregnant women who will later register the baby, can be really dangerous. And if the parents do not have their own home, it is almost impossible to discharge the child even through the court, although there is no legal prohibition on such actions.

But there are also positive aspects to registering a minor. If the housing is mortgaged to the bank and for some reason, for example, due to non-payment, the financial institution decided to sell the apartment, with such a burden as children, it will be very difficult to sell the property.

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