What consequences await the owner if he registers a person in the apartment?

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Published: 12/05/2017

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Purchasing an apartment almost always means the owners of such premises receive new living space. As a result, the owner can obtain registration at the address where such square meters are located.

• Normative base
• Registration rules
• Registration procedure
• Conclusion

How to register in a house when buying a home with a mortgage?

There is no state duty charged when registering citizens of the Russian Federation in their places of residence.
Foreigners are entitled to a fee of 350 rubles. Processing time (through MFC) – 8 days (working days). Through the passport office and the Gosulugi portal as well.

A person can have one registration; when moving, he needs to go through the procedure of registration, then registration in a new place. Employees of the institution collect the citizen’s passport on the day the application is accepted. And they return it upon completion with a mark of new registration.

How to register in an apartment if the owner has left depends on the status of the person being registered:

1. One parent has the right to register a minor child without obtaining the consent of the other. If they are scheduled and live together. Otherwise, the approval of the former half will be needed (written).
2. The owner's relatives can be his representatives if he has a power of attorney from the latter. Employees sometimes refuse to carry out such transactions, suspecting fraud.
3. The legal spouse, if he is a co-owner, has the right to register people in a common apartment with the consent of the absent half in the city.

Otherwise, residents will have to wait for the owner.

You can change your registration address by writing an application certified by a lawyer. It will confirm the identity of the author, his intentions and knowledge of the situation. Subsequently, the document is transferred to a third party who is present at the place where the citizen plans to register.

The scheme works when the owner of the property is actually absent, but wants to register people with him. He has the right to draw up a power of attorney and transfer it to a third party, who will temporarily act as the owner of the home. Such rules apply in accordance with the provisions of Article 185 of the Civil Code of the Russian Federation.

The two concepts have many similarities, but also differ in many ways. The term “registration” appeared in the 90s, when the Soviet authorities Fr.

Permanent registration is compared with registration

When thinking about how to register in an apartment, a citizen must understand the differences between registering and obtaining a residence permit. And avoid getting caught by scammers who often offer temporary registration to new arrivals.

When buying your own home, many questions often arise, the most common of which relate to registration. We will talk about whether a “newly minted” property owner needs to apply for registration in his apartment, what the procedure is, and we will study the documents that need to be submitted to the Federal Migration Service or any other body that registers citizens at their place of residence.

The property has been purchased, the purchase agreement has been signed and the property documents have been sent to the registrar's office. What should we do next? Is it necessary to register in the purchased property?

The standards for registering citizens at their place of residence are regulated by government decree number 713. Based on this law, citizens who have received residential property by exchange, purchase, gift or inheritance are subject to permanent registration.

The owner can register his family members, including newborns, into the apartment without ownership rights. Read where you can register a newborn baby here. Each registered person has the right to use the area in the manner prescribed by law.

Registered persons entitled to a share of the real estate cannot make any manipulations with it without informing the other owners of the apartment.

The registration procedure is carried out at the regional passport office, and in the absence of one, at the Federal Migration Service.

To register in your own apartment, you must provide the registration authority with the following documents:

• an application drawn up on a prescribed form (issued at the passport office or other registration authority);
• a document that confirms the identity of the person being registered (passport);
• certificate of ownership.

More information about what documents are needed to register in an apartment is here. In this article you will find a more complete overview of the documents required for registration of children and spouses.

The procedure for registering your square meters is no different for the owner. If members of his family are registered along with the owner, then their documents must also be submitted to the registration authority.

• Passports or birth certificates;
• Documents that confirm the relationship between the owner of the property and the applicant.

The owner of a residential premises can register not only relatives at this address.
People who are not family members of the owner also need to present passports and fill out applications. And the owner of the property must confirm his consent to the registration of residents with his application. Everyone must appear at the registration authority together. Passports are handed over to the registration authority employee, and all that remains is to wait for them to be received in your hands. In practice, this procedure does not take more than a week.

To receive passports with a new registration, each family member who has reached the age of majority must come in person, since they will need to leave their signature in the register book.

When buying a living space, a logical question arises: do you need to register in it? Lawmakers offer only two options.

1. Not necessary if you do not intend to live in the purchased property.
2. It is necessary if you are registered in another place, but plan to live in the purchased apartment (in this case, you can register temporarily, not permanently).

When choosing a place of registration, it is worth remembering that registration cannot be obtained at two or more addresses at the same time. That is, each citizen can be registered exclusively at one place of residence or temporary stay. At the same time, everyone can have an unlimited number of apartments and other real estate.

The mortgage lending market is expanding and growing, at least this is what bank brochures report. We will not describe the stages of buying an apartment with a mortgage; we will only touch on the problem of registering in such housing.

A pitfall when buying a home with a mortgage can be an inattentive reading of the contract or a misunderstood meaning of what is written.

One of the puzzles for new owners is the question of the possibility of permanent registration on the premises. The answer to this is far from clear, since Russian laws do not strictly regulate the procedure for registration in a residential area taken on a mortgage. That is why it is worth finding out all the conditions from the credit institution.

If the bank opposes the owner’s registration in the home, and this must be done, then you can arm yourself with articles numbered 346, part 1 (Civil Code) and 29 (federal law “On Mortgage”). The application must be submitted to the court, citing these articles. In most cases, the court obliges the bank to give permission for registration.

If we consider a mortgage from a legal perspective, then the owner of the home (even if purchased on credit) is the citizen in whose name the property is registered. His right to property is confirmed by a certificate. In this case, the banking organization is the mortgagee of the real estate, and therefore an encumbrance on the residential premises is issued.

The registration of third parties who are closely or distantly related to the owner is also quite often regulated by a banking agreement. If the bank prohibits the owner from registering relatives and other citizens in the mortgaged apartment, you can go to court, since these requirements are unlawful.

Registration in an apartment purchased as property is completely optional. But in order not to break the law and not receive a fine, it is necessary to register permanently or temporarily in the apartment where you will live. If the owner plans to officially rent out the apartment, then he may not have a residence permit in it.

When deciding to register in a mortgaged apartment, you should carefully study the agreement concluded with the bank and follow the requirements specified in it - if the bank does not prohibit registration, then you can send the documents to the registration authority.

For additional information on this issue, please refer to the “Registration” section here.

Moscow and Moscow region (toll-free call)

St. Petersburg and Leningrad region

Attention! Due to recent changes in legislation, the legal information in this article may be out of date!

Registration at the place of residence is a mechanism that allows a person to receive many benefits from the state, including the services of educational and medical institutions. Its presence is mandatory for all citizens of the Russian Federation. To enjoy all the benefits of registration at a new place of residence, it is important to know how to register in an apartment after purchasing it in 2020.

New flat

Documents provided by the owner

Interested persons whose presence is strictly necessary to complete the registration are required to bring the following documents:

1. Certificate of ownership of real estate. In order to register in an apartment, you need to present a document proving ownership of it, so that a civil servant can verify whether the owner can dispose of it. This security has different types, depending on the type of right:

• if the living space is privatized, provide a certificate of ownership;
• if the housing is not considered registered as property, i.e., a municipal apartment, a rental agreement and a warrant for occupancy are needed.

All originals of the provided papers must be available solely for the specialist’s review and confirmation that the copies are correct. And copies are submitted for consideration before making a decision, and further storage in the archives.

These documents are not required for registration in an apartment with the parents of a minor child.

1. Consent of interested parties. Such persons are considered to be the owner and people registered in the premises, who must be present in the office and have original passports available.

• if the apartment has been privatized and it has become property, then all owners must come to submit documents to approve the actions. If it is possible for only one owner to be present (when there are several of them), the others must make a power of attorney for him, having it certified by a notary;
• if the apartment belongs to the state, consent is obtained from all residents registered there and from the landlord.

1. Statement from the owner (if the apartment is municipal, then the tenant). At the reception of the civil servant, the owner draws up a free-form document expressing his consent to register the person in the apartment. It is strictly necessary to indicate the following points:

• address and type of housing;
• information about the owner (tenant);
• data of the person being prescribed;
• expressing one's consent to perform the action being performed.

Only the person who owns it has the right to make decisions about who can be registered in their own apartment.

The registration procedure requires the availability of originals and copies of certain documents and the presence of the owner. All documents filled out by specialists are subject to mandatory verification by the applicant for accuracy. Registration at the place of residence or stay is considered a free service; you can only pay for the provision of additional services if the citizen wishes.

What is registration - rights and obligations

Registration is a special mark in a citizen’s passport indicating his place of residence. Sometimes it is not true, because... a person can move while maintaining their previous registration. For example, leaving your parents' house. The number of registered residents is reflected in a number of documents.

Every citizen of the country is required to have a residence permit. This gives him a number of rights and certain obligations. The requirement is not intended to restrict the freedom of movement of people.

Rights and a number of responsibilities of a registered person:

1. If he registered in privatized real estate, then his position will be like that of the owner. If necessary, must comply with the provisions of the agreement concluded upon registration. Use the apartment according to its intended purpose without causing damage.
2. Residents are required to take into account all the features associated with the constant operation of the property. Additional conditions will be indicated in the contents of the agreement.
3. After a divorce, the registered tenant is deprived of the right to use the property. The exception is when valid reasons prevent the purchase of another apartment. Then the length of stay in the old home needs to be discussed with the former half.
4. When registering, the possibility of granting ownership rights to the resident is separately indicated.

The owner has the right to register anyone he wants. The number of people, family ties and the fact of residence are unimportant. There are temporary and permanent registration. The first is readily provided by private individuals to nonresidents for a fee. Getting the second one is more difficult. The status of the property matters. Municipal apartments belong to the state.

Types of registration

They are distinguished by time duration:

1. Temporary registration – issued for a certain period of time. Usually provided to foreigners or students who come to study/earn money. They subsequently plan to return home.
2. Permanent registration - makes it possible to occupy a living space for a long time without the rights to own it. Lawyers advise owners to enter into lease agreements and register without entering information into citizens’ passports. This will make it easier to terminate the agreement.

The type of registration and other nuances are indicated in the text of the agreement and both parties are notified in advance about this.

Where is it done and what documents are needed to register for an apartment?

The registration procedure is reflected in the content of Government Resolution No. 713. Carried out:

• at the MFC branch;
• passport office;
• to the FMS;
• through the Gosuslugi portal.

Having prepared the necessary documents, the citizen visits the appropriate institution. There he submits the application and waits for the result.

The duration of the procedure depends on the location of the person. Does he plan to move to another city or simply changes his address:

1. First you need to check out from your previous place, i.e. issue a departure sheet.
2. Collect all necessary documents:

• passport of the person registering;
• birth certificate (for children 0-14 years old);
• title document (to the owner who registers);
• departure slip;
• military ID (for those liable for military service);
• application requesting registration;
• house book (if a private house).

1. If necessary, make copies of papers. Get a receipt from the employee that he accepted them and wait for the decision.

Information about the new registration will be in the passport - the address, date of completion of the procedure and the stamp of the institution are indicated.

Through MFC

The list of documents remains the same, but you can sign up for the MFC remotely by queuing in advance via the Internet. At the same time, find out what needs to be provided and the work schedule of the nearest institution. The employee who accepted the application will tell you when you can come back to receive the documents.

Documents for child registration:

• statement;
• baby's birth certificate;
• parents' passports;
• marriage certificate (if available);
• documents confirming adoption (if available).

Non-residents can register with the MFC, i.e. operate from other cities. Applications are accepted, the main thing is the approval of the owners of the apartments where the citizen is registered.

“I bought an apartment, what documents are needed for registration?” – this is the question faced by every person who wants to register at a new address. To resolve this issue, he will need the following documents:

• passport of a citizen of the Russian Federation (for minor children - birth certificate);
• if you managed to leave your previous place of residence - a departure certificate;
• title document. This could be a certificate of ownership, an extract from the Unified State Register of Real Estate.

In the case of a privatized apartment, the following documents are required for permanent registration:

• military ID;
• registration application;
• a document that can confirm your rights to the living space (for example, a purchase and sale agreement or a registration certificate);
• consent to such a procedure from other apartment owners (if any);
• a sheet of departure from the place of previous registration;
• passport.

The typical processing time for an application is 3 days. After making a decision, your passport may be taken away for 1-2 days for a new stamp.

In the case of a municipal apartment, the general list of official papers may be slightly different. It looks like this:

• application (form No. 6);
• social rental agreement;
• consent to such a procedure from all registered residents;
• 2 passports: the tenant of social housing and the registered one;
• military ID;
• departure sheet.

For temporary registration, the list of documents is practically no different. The whole difference is that there is no deletion from the previous place of registration. Well, you don’t need a stamp in your passport here. If you are relocating within one subject of the Russian Federation, then there is no need to obtain a temporary registration.

For those liable for military service, the procedure is somewhat more complicated. After filling out the registration card, you need to register with the new military registration and enlistment office, having first settled all the issues with the old one. Sometimes passport offices require this procedure to be completed before the registration procedure begins. Such demands are illegal. You should already come to the military registration and enlistment office with a registration card (form No. 9) and an application (form No. 6).

To register a child you will need the following documents:

1. registration application;
2. parents' passport/passports;
3. marriage certificate (if it exists);
4. birth certificate;
5. documents that confirm the registration of the parent(s) at the specified address.

For newborns (children less than 1 month old) there is a simplified registration procedure. The consent of either parent is sufficient here. The only documents required are the parent's passport, as well as a document confirming the birth of the child.

Is it necessary to register in new housing?

Is it possible to buy an apartment and not register in it? Russian legislation allows this. Moreover, it does not in any way infringe on the rights of the owner after purchasing real estate and refusing to register in it - he can also sell, rent out housing and, if desired, register other people in it.

Is it possible not to register in the purchased apartment and live in it? Yes, in this regard, the law also does not impose any restrictions on the owner.

Do you need to register in an apartment you recently bought if you are happy with the old place of registration? It should be remembered: in Russia, registration is carried out only at one address. If the owner decides to register in a new home, he will be automatically evicted from his previous place of registration. At the same time, he does not lose ownership of that object.

If a person has only one property, registration must be carried out after purchasing the apartment.

Do I need to register in an apartment purchased with a mortgage? No, this can be done at the request of the owner. Separately, it is worth considering the following cases of registration in new real estate:

• Is it necessary to register in an apartment purchased with a military mortgage? No, this is a voluntary decision;
• Do I need to register in the purchased apartment using maternity capital? This is not necessary, but it is mandatory to allocate a share in the property to all children;
• Is it possible to buy an apartment in a building that is being demolished and live in it? Yes. In return, they will be given housing with a similar area.

It should also be noted that a person’s registration does not automatically appear in any subject of the Russian Federation. Therefore, to the question: “If you buy an apartment in Moscow, will they give you a registration?” – you can answer as follows: registration will not be denied, but you will need to submit documentation for it to the passport office.

• study the mortgage agreement, determine which family members can be registered at the new address;
• collect the necessary documents for the standard registration procedure;
• submit documents to the passport office.

It should be taken into account that many banks do not allow relatives to be registered in mortgaged housing. This issue should be clarified before concluding an agreement and, if possible, refuse to cooperate with such organizations. If you follow all the above rules, the one who bought the apartment, the question of how to register in it, should now be resolved.

Is it possible to buy a dacha with maternity capital in Russia in 2020

• You can receive MK only once for one family;
• when changing the amount of capital, a replacement certificate is not required;
• You can submit an application to the Pension Fund for receiving MK at any time after the birth of the child;
• You can manage money within the established limits after three years from the date of birth of the child;
• family capital is not taxed;
• the subsidy is provided to the parents, not the child;
• the validity of the certificate is confirmed by an identification document.

We recommend reading: Limit on deductions per child for personal income tax 2020

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to find out how to solve your particular problem , contact a consultant:

When and how to register in the purchased apartment

Despite the fact that over the past year or two the number of transactions for the purchase and sale of real estate has decreased significantly, they still have not disappeared completely. Every day someone sells or buys an apartment or house. You can buy real estate under a purchase and sale agreement or under a mortgage agreement.

After purchasing a new apartment, a person is faced with several pressing problems - legal registration of ownership, payment for the transaction, carrying out full or partial repairs, transporting things to a new location and registration of registration in the apartment.

If a purchase or sale transaction most often requires contacting a real estate office, since buying real estate on your own is difficult, then everyone can register in their apartment themselves. Registration after purchasing an apartment is not difficult, but it requires some care and collection of documents. This article is devoted to the registration procedure for purchased housing.

Number of registered: how many people can be registered in one apartment, room or share

For example, if there are meters for water and gas, then payment will be in accordance with their readings (if the housing is empty, then at zero), but major and current repairs, electricity for common household use, payment for using the elevator, garbage removal, heating, etc. d. will be paid for one person .

For example, if the owner has a large family and many distant relatives or close friends who actually live in the living space, then there is nothing to impose liability for. However, if the living space is “dimensionless”, in which persons who do not live there are registered, then the owner faces criminal liability . According to Article 322.2 of the Criminal Code of the Russian Federation, for fictitious registration, the owner faces one of several types of punishment, the most severe of which is a criminal term of up to 3 years.

Registration procedure

However, real estate purchase and sale transactions are also carried out on the secondary market. When purchasing an apartment that was already owned by someone, the new owner has the right to register in it immediately.

To obtain permanent registration, first of all, you need to check out of your old apartment. To confirm the fact of discharge, a departure address sheet is issued. To register at a new place of residence, you must, in addition to the specified sheet, personally submit an application to the territorial office of the Federal Migration Service, and have a passport of a citizen of the Russian Federation with you.

In any case, when registering for registration in your new apartment, you must have a completed certificate of ownership. Only then, based on the results of consideration of the application, a stamp is placed in the passport with information about the registration address in the “place of residence” section.

The rules described above also apply to an apartment purchased under a mortgage agreement, since under the specified agreement there are no restrictions on the ability of the apartment owner to register. However, if the owner wants to register his relatives or friends in the mortgaged apartment, the consent of the mortgagee bank will be required.

It is important to understand that the demands of FMS employees to submit other documents or perform other actions are not legal. For example, employees of the Federal Migration Service do not have the right to demand the provision of a document on deregistration at the military registration and enlistment office at the previous place of residence and registration at a new one. In any case, upon receipt of a refusal to perform registration actions, a citizen of the Russian Federation has the right to file a complaint with a higher authority. Since such a complaint is satisfied in almost 100% of cases, FMS employees are afraid to issue official refusals.

Thus, registration after purchasing an apartment should not take much time, especially in cities of federal significance, since the work of government bodies in them is streamlined up to the time allotted for each applicant.

Is it possible to register a minor child - expert opinions

Is it possible to register a minor child alone in an apartment without parents? – Of course not, as was said above, he must be registered where his parents are registered. And here it no longer matters whether he himself is the owner of this apartment or not. It will not be possible to register him alone there until he becomes an adult.

Every Russian must have a residence permit in their passport. Even a child must be registered in a residential area. The state must know in which territory the small citizen lives. Parents face a lot of difficulties when they register their young children because they need to know the intricacies of the registration process.

12 Jan 2020 uristland 228

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General registration algorithm

In general, the entire registration process can be completed in 6 simple steps:

1. Filling out an application for deregistration. Anyone wishing to register must undergo this operation. Taking into account possible errors, this procedure may take several hours.
2. De-registration. The end result is obtaining the necessary documents for further steps.
3. Filling out an application for a new registration. It is important to take this step after points 1-2. Otherwise, people often confuse documents and forms and create additional problems for themselves.
4. Persons liable for military service must register with the new military registration and enlistment office.
5. Registration and related submission of documents. The set of documents varies depending on the type of housing where they want to register. More details about each case are given below.
6. Documents receiving. Everything is simple here - on a pre-agreed day, come and pick up your documents.