What rights does registration in an apartment without ownership rights give?

Registration without the right to living space

Not every person has the opportunity to have their own home, but somewhere to live, work, and 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 registration without the right to living space is a widespread process today.

Its essence is that a person registered in a living space that does not belong to him has no rights to real estate other than the right of residence.

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

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

Registration without the right to living space does not give the tenant any rights to property, but determines the range of obligations to be fulfilled, such as:

housing maintenance
payment of housing and utilities

Registration without property rights occurs:

Temporary
Constant

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

As a rule, the housing in which a person is registered under this system is not a place of permanent residence; he uses this living space only for a certain time.

Temporary registration without ownership rights does not imply ownership of residential premises or a share 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 permanent registration of a citizen of the Russian Federation. After the expiration of the registration period, 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 when controversial issues arise.

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

In this case, the consent of the property owner is not required.

In this article we answered what documents are needed for temporary registration.

Permanent registration involves more complex procedural relationships between the tenant and its owner. Therefore, not everyone is ready to register not only a relative, but especially a complete stranger, in their living space on a permanent basis.

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

Confirmation of permanent registration is a special stamp in the passport.

A person registered on a permanent basis can be discharged from his apartment or house only with his consent to this procedure, otherwise the issue of depriving him of the right to reside at his registration address 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 property 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 ownership rights, 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 the use of property by a registered person and to avoid further disagreements, experts recommend that you first sign a lease agreement for residential premises or free use of them, which establishes the rights and obligations of the tenant and indicates the fact and nature of his registration at this address.

In order for this agreement to have legal force and be accepted as an official document, it is recommended that it be notarized. It is impossible to register or discharge a person from the living space without his presence; this action will be considered unlawful and will violate the rights of the citizen.

But in exceptional cases, when a person is absent for health reasons or other reasons that do not allow him 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 applying for registration in municipal housing.

Can a registered person apply for an apartment?

This article describes in detail whether a registered person can apply for an apartment, and everything you need to know about it. It is possible to live on the territory of the Russian Federation with mandatory registration at the place of residence. But what should those who, for example, come to work in another city for a long time, do?

After all, if he lives here for more than six months, he will receive an appropriate fine. In addition, some employers do not hire people without registration in the region where the enterprise is located. Without registration it is not possible to send a child to school or kindergarten. What should a person who does not have his own home do?

You can register in an apartment with relatives or friends.

Rights of a registered citizen in someone else's property

The owner of the apartment has the right to register any citizen of the Russian Federation. But, in this regard, the question arises as to whether a registered person can apply for an apartment or house.

It can be answered simply. No. He cannot get a share in it, cannot take it away from the owner.

In accordance with the Housing Code of the Russian Federation, a person registered in a foreign territory has the right to:

Accommodation in this apartment, private house, room;
Apply for a job and provide information about your place of registration;
Receive documents such as a tax registration certificate and a pension insurance certificate indicating the place of registration;
Register, with the consent of the owner, other members of your family;
Provide information about the place of registration and place of residence in credit institutions;
Receive various benefits and benefits at the appropriate registration address;
Register the child in a preschool institution or school with the appropriate indication of the parent’s registration address;
Have the opportunity to make decisions about registering other people in a given area;
Register your minor child without the owner's consent.

A person who is registered but is not the owner of an apartment has no other rights. He cannot participate in the sale of an apartment, its donation or inheritance. He does not own part of the apartment or house and cannot claim a share in it.

Other rights are enjoyed by a person who is registered in a state apartment. In addition to the above rights, he can privatize it. This is stipulated in federal law number 1541-1, which was amended in 2020. One of the most important conditions is that the citizen has not previously participated in the privatization of state property.

The owner of an apartment or house has the right to legally deregister a person from his living space, but only if he is not the alimony payer for the person he wants to deregister.

How to register a person

To register a citizen of the Russian Federation, the owner must contact the local government authorities that are responsible for registering residents and provide the relevant documents. These may include:

An application of the appropriate sample, currently drawn up according to Form 6;
Passport of a citizen of the Russian Federation for each person registered in this apartment;
A document that confirms the ownership of the owner of an apartment or house;
A document confirming the arrival of the person who needs to be registered;
Consent of all owners of this apartment, if it is divided into shares.

In some cases, a marriage certificate and military ID may be required for the person who needs to be registered.

If the owner wishes to register this person for a certain time, then the registered person will be issued a certificate of temporary registration. If the owner registers a person without limiting the time of use of the housing, then a stamp indicating registration at this address is placed in the passport of the person who was registered.

A prerequisite for those who own only a share in an apartment is to obtain the consent of all owners to register this citizen. But if the shareholder himself wants to register, then the consent of everyone else is not required.

How to discharge a person

In order to deregister a person registered in the owner’s living space, he can simply contact the registered citizen and ask him about it. As a rule, questions and problems should not arise. A registered citizen does not have any rights to property in this apartment.

If he refuses to check out on his own, the owner has the right to go to court. In addition, currently an able-bodied person can be discharged simply at the request of the owner.

It should be noted that it is under no circumstances possible to discharge a minor child if there is no information about his future registration. Therefore, the owner needs to find out in advance information about the person he wants to register. Whether he has minor children or not, since he has the right to register them himself in the area where he has registration.

In this article, you found out whether a registered person can apply for an apartment. If you have any questions or problems that require the participation of lawyers, then you can seek help from the specialists of the Sherlock information and legal portal. Just leave a request on our website and our lawyers will call you back.

About terms

Many ordinary people use the word “registration” to determine their permanent place of residence. Legally this is not entirely true. Today the term is “permanent registration.” It is indicated in the passport as “place of residence”. Most citizens are sure that this mark is quite enough, but this is not so.

A person has the right not to live at the address indicated in the passport. However, his permanent registration will not change. But the state obliges a citizen to report his whereabouts if he is absent for more than 90 days. This registration is called temporary. There are no marks in the passport; the address of the place of stay is indicated on a separate insert. It is only valid upon presentation of an ID.

Types of registration

Registration in an apartment can be indefinite or temporary. In the first case, we are talking about long-term (lifelong) use of living space. Permanent registration is recorded in the passport of a citizen of the Russian Federation.

Temporary registration can be issued at the place of residence or at the point of stay. For example, if a person stays with his spouse for a long time, but is registered at a different address, the law requires registration at the new place of residence. It is not indicated in the passport, but requires the issuance of a certificate of temporary registration.

If a person lives at a different address in connection with the performance of official duties for no more than 90 days (for example, he is sent to another city), then this requires registration at the place of stay and the issuance of an appropriate document. In all three cases, registration is carried out by the Directorate for Migration Issues (Ministry of Internal Affairs).

Living in an apartment without registration may result in administrative sanctions for both tenants and the owner.

By law, every person changing their location is required to register at their new place of residence within 7 days from the date of arrival. If temporary residence is intended for no more than three months, then registration must be completed within 90 days. If this is not done, the citizen will face a fine of up to 3,000 rubles.

This is interesting: Payment of utilities: how to force them to pay their share if a person is registered but does not live

Registration: right or obligation

The institution of registration was abolished in the last century. It was replaced by the Institute of Registration. Law 5242-1, issued in 1993, defined the right of citizens to free movement. But this does not mean that one can migrate across the country without control. The resident must notify the state of the location. Registration, permanent or temporary, is an obligation, failure to comply with which is followed by penalties. At the same time, registration acts as a guarantee that a law-abiding citizen fully realizes his rights and receives social benefits.

When moving to the place of permanent residence, a citizen is required to register within a week (Resolution of July 17, 1995 No. 713, paragraph 16). If you do not declare your desire to the FMS during this time, you will have to pay a fine. The date when the citizen left his previous place of residence is indicated on the absentee ballot. The weekly period will be counted from this.

⇒ Temporary and permanent registration, what is the difference - more details.

The procedure for registration in municipal housing

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

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

About

What does registering a person in someone else's apartment give?

What does registration give? This question is asked not only by citizens who register in a home, but also by its owners. Property owners do not have to worry about encroachments on their property rights - almost all rights that registration gives are of a notification nature. Basic rights provided by registration:

register minor children without the consent of the owner;
get officially employed (the law does not provide for restrictions on hiring for persons without registration, but in practice employers are reluctant to enter into employment contracts with such citizens);
register your child in a preschool or enroll in school;
receive subsidies, benefits and benefits;
register as an individual entrepreneur;
get a TIN;
issue SNILS;
live in an apartment/house at the place of registration and use the common property that is in the home;
persons registered in the apartment have a priority right to purchase it if the owner wishes to sell the property.

About

What are the rights of a person living in an apartment: payment of utilities, eviction of roommates

What rights does the owner of a person registered in an apartment have?

The owner cannot remove anyone registered in the apartment.

Rights of a non-owner registered in an apartment

How the rights of registered persons are affected by the status of housing: the rights of those registered in a privatized apartment, municipal living space

What are the responsibilities of citizens registered in an apartment (house)?

Article 3 of the Law “On the Right to Freedom of Movement...” states: “...registration is necessary for the exercise of rights, freedoms and obligations...”. However, accounting does not affect the exercise of most rights. But the legal rights of a person registered in an apartment are defined in detail by law.

What are the rights of the owner of a person registered in an apartment?

According to Article 288 of the Civil Code of the Russian Federation, a citizen who has his own real estate has the right to own, use, and dispose of the premises. The living space is used for personal use and family residence.

The homeowner can:

complete your registration;
register other citizens;
require residents to be discharged;
rent out premises to tenants;
sell an object, donate, exchange.

The rights of the owner, the person registered in the apartment, allow him to dispose of the property independently. The owner has the right to register anyone; he may not have his own registration in the apartment.

The owner has no obligations to the residents. He himself makes the decision on registration; he may demand that registered persons be deregistered or be registered in an apartment without ownership rights. The reasons are different.

Sometimes problems arise with the discharge.

The owner cannot remove anyone registered in the apartment.

The owner freely registers anyone in his living space. Discharge requires the consent of the resident or a compelling reason. Forced deregistration is carried out by the court. Judges often refuse to satisfy a claim for the discharge of close registered relatives (wife, children).

The court will refuse an extract from the living space when the registered subject is a minor child. The law especially protects the rights of a child registered in a privatized apartment and children under 14 years of age are registered with their parents. Registration at a different address of the father or mother will be required. The minor's new home must be similar/better than the previous one.

Some owners do not register other people's children, ignoring the rights of the mother of the registered child. However, any person has the right to register their children at their personal registration address without the consent of the owner. You should inquire about whether the subjects being registered have children or apply for temporary registration.

Rights of a non-owner registered in an apartment

The basic rights of a non-owner living in an apartment are limited to the possibility of residence. Often family members – spouse, children, parents – are registered with the owner without ownership rights. Disabled dependents are considered close relatives.

If family relations with the owner are terminated, permission to use the premises is lost. The owner will be able to demand that the ex-spouse and relatives be discharged. The court will grant the request, although it is free to retain the possibility of short-term residence. The owner has the right to seek forced deregistration of persons registered by the previous owner.

It’s a different matter when the rights of the mother of a registered child and the child itself are considered. Write out the children and the parent with whom he lives after the divorce by mutual agreement.

or providing other accommodation. The procedure is allowed at the place of registration of the parents. Otherwise, the child will legally use the housing until he reaches adulthood.

Going to court will do nothing, even if the owner of the property changes.

On what grounds can a registered tenant not the owner be discharged?

The owner of the living space independently decides who to register in his apartment. But you also cannot simply discharge the tenant, since his consent will be required. The rights of those registered in a privatized apartment allow them to freely use the living space, regardless of the wishes of other persons.

If you do not want to voluntarily deregister, the owner will have to prove the impossibility of living together. The reason may be the tenant’s antisocial behavior, confirmed by evidence, or the unwillingness of the registered subject to fulfill the duties determined by law or by agreement of the parties.

You need to know that the rights of a registered but not resident person are protected on an equal basis with other residents. When the non-owner is absent for a long time, certain evidence will need to be prepared to extract him. It is necessary to prove to the court that this citizen lives at a different address.

Important: A registered non-resident resident due to military service or being in prison is discharged upon confirmation of this fact. Upon return, such a tenant can easily restore his registration.

How the rights of registered persons are affected by the status of housing: the rights of those registered in a privatized apartment, municipal living space

Depending on who owns the housing, the rights of the person registered in the house vary. In a privatized apartment, the registration period for residents is important. All registered citizens have the right to privatization. After the transfer of ownership of the apartment, it is redistributed into shares.

The right to privatization is exercised voluntarily. A registered citizen is free to refuse to participate in the procedure. At the same time, he will not be left without the right of residence; he retains the right to indefinite use of the living space even if the owner changes. The discharge of such a tenant without a share in the property right is permitted solely at his own request.

For a municipal apartment, registration permission is given by the administration of the locality. An agreement is concluded with the landlord allowing the use of housing. But you cannot dispose of the apartment. The lessor has the right to register his family members. If the rental agreement is terminated, all registered persons are deprived of registration.

When the municipality owns a communal apartment, the registered person can be discharged upon request from the residents. The reason is non-compliance with the rules of residence, violation of order.

What are the responsibilities of citizens registered in an apartment (house)?

The rights and obligations of a registered citizen are established by Article 31 of the Housing Code of the Russian Federation. Registered persons are obliged to use the premises for their intended purpose and take care of its safety. The responsibilities of the owner are determined by Article 30 of the Housing Code of the Russian Federation - this is the maintenance of premises, common property in an apartment building or communal apartment.

The owner personally bears the burden of paying for utilities, repairs, and other housing maintenance costs.

The owner of the apartment has the right to register anyone in the apartment without ownership rights, with the conclusion of an agreement on the distribution of expenses.

If the agreement stipulates that the temporary resident is required to pay part of the costs, then he can be discharged for failure to comply with the conditions.

The apartment owner and registered citizens can indicate in the signed agreement all the nuances of housing maintenance. The terms determine who will pay for what and how much. This way you can pay for utilities, current and major repairs, and other expenses. the agreement may also include other clauses regarding the specifics of using the living space.

The rights of registered persons depend on the presence/absence of ownership rights. The owner can dispose of the housing. The registered non-owner has the right only to use the living space for living.

Apartment owners should take into account the difficulties of deregistering certain citizens. When permanent residence is not planned for the resident, it is advisable to obtain temporary registration.

Upon completion of temporary registration, the tenant will automatically lose the right to use housing.

Source: https://www.bp-u.ru/yuridicheskiy-likbez/kakie-prava-cheloveka-propisannogo-v-kvartire/

What does temporary registration (registration) provide?

The circumstances under which a citizen does not live at his place of residence vary. The law does not prohibit renting an apartment if you have permanent registration, but it does oblige the fact of moving to be recorded. Let's figure out why this is needed. Temporary registration gives rights equal to other citizens to use social services that are provided on a territorial basis. These include:

social benefits and benefits,
medical care (clinic, hospital),
obtaining the necessary documents (SNILS, TIN),
kindergarten and school for children near the house.

Registration often influences banks' decisions to issue loans. Not every credit institution will issue a loan to a person who is registered in another city.

Registration is necessary so as not to create problems for yourself.

As we have already said, registration in a privatized apartment is possible only with the consent of the owner. But what if the owner categorically refuses? You must apply for registration at this address. On your part, the law will be observed, this will become an argument for the commission, which makes a decision on imposing a fine.

To register at the specified address, you must contact the FMS department and submit documents on the basis of which registration is issued. These include:

an extract from the Unified State Register of Individual Entrepreneurs confirming the ownership of housing;
commercial or social tenancy agreement;
consent of the apartment owner;
office space rental agreement;

About

Registration schemes

In privatized housing

In privatized apartments and houses, owners can register other citizens without much fear; ownership of the apartment cannot be transferred to them on the basis of registration in the real estate.

Registration with ownership rights may arise when conducting any property transaction with real estate:

Donation,
Purchases and sales,
Conclusion of a lifetime annuity agreement.

That is, ownership rights to real estate can be transferred to the person registered in it only on the initiative of the owner, who decides to transfer it in whole or in part to the ownership of the citizen registered in it.

In apartments in a building under construction

In the case of purchasing housing in new buildings, ownership rights arise on the basis of the conclusion of a share participation agreement. But it is possible to receive them only after completion of construction and commissioning of the house. Only after these conditions are met is it possible to obtain a document on the ownership of housing (extract from the Unified State Register of Real Estate) and, on its basis, register there.

In this case, the package of documents for registration will include

Owner's passport
Extract from the Unified State Register of Property Rights on housing,
Application for registration in the prescribed form,
Passports and/or birth certificates of other family members who need to be registered
Written consent of the owners to register other persons in the living space,
Applications in the prescribed form for each family member registering, signed by him and the owner of the property.

As we can see, registration in itself does not give ownership rights to housing, but in some situations it can act as conditions for the emergence of grounds for obtaining them. Therefore, if you need to register someone in your apartment, you should carefully weigh all the consequences of such a decision, and it is better to get advice from a lawyer in the housing sector to make sure there are risks or not in your individual situation.

Registration agreement without ownership rights

When granting the right to reside in your living space to third parties by registering, you must insure yourself against possible unpleasant moments.

A registration agreement without ownership rights can be a guarantee of compliance with your requirements, legislation, as well as confirmation of mutually agreed decisions between you and the person wishing to register. Often, this is an agreement for the rental or gratuitous use of residential premises, indicating the right of registration.

The contract must indicate:

type of registration (temporary, permanent)
registration deadlines (if it is temporary)
number of new residents
rights and responsibilities of new residents
degree of relationship (if relatives are registered)
an indication that those registering do not have any rights to own the living space or part of it, as well as the disposal of the property located there.

It is best to have such an agreement notarized, which will give it greater weight in the eyes of the law.

The legislative framework

The legal basis for privatization is Law No. 1541-1. The normative act defines the meaning of privatization and approves the list of objects that can be obtained as free property.

The specifics of concluding a social tenancy agreement are established in the Housing Code of the Russian Federation - Ch. 10. The norms of the Civil Code of the Russian Federation apply to the privatization agreement transaction.

General concepts

Privatization means the transfer of property from state and municipal ownership to citizens and organizations. For all types of property, it involves payment, which is established after a competition or direct sale of the property.

In housing law, privatization is considered as the act of free transfer of an apartment or other real estate into the ownership of citizens.

The concept of social hiring is significant for privatization. It involves the transfer by the state or municipality of the right to use residential premises for a certain period or without it.

Conditions

Citizens of Russia who have moved in and are living in an apartment legally have the right to participate in privatization. Children also participate in the purchase of housing free of charge.

For children under 14 years of age, the application and subsequent contract are signed by the parents.

Minors over 14 years of age participate in the transaction themselves, but their action must be approved by a legal representative.

If only minors live in the apartment, then their guardians and trustees are responsible for privatization.

Guardianship authorities and trustees help orphans privatize housing.

The deal is available if citizens have not previously used their right to privatization. The exception is minors.

They can participate in the free purchase of housing after reaching 18 years of age.

Who is eligible?

The tenant under a social tenancy agreement and his family members have the right to privatization without registration.

Permanent registration is not considered a basis for transferring housing into free ownership, but it confirms the fact of permanent residence of people in the residential premises.

Residents in service apartments have the right to purchase housing through privatization, but only if they are transferred, with the consent of the owner enterprise, to the balance of the state or municipality.

A person who was discharged illegally has the right to privatization without permanent registration, especially during a period of long absence.

Children who were discharged from an apartment no later than six months after the start of privatization and who did not receive other housing also have the right to participate in the privatization of their apartment.

How are registration and ownership related?

Registration in an apartment does not give ownership rights to it. But depending on who owns the living space, along with registration in it, there is a chance to participate in privatization. If the housing is municipal, obtained under a warrant, all residents registered on a permanent basis can register joint ownership.

Now about what rights does registration in an apartment that is considered official give? Here everything is a little more complicated, since the owner of the property is an enterprise or organization, that is, a legal entity. However, some employers stipulate the possibility of transferring ownership of housing if certain conditions are met. They must be recorded in the employment contract.

Another common situation: a minor has the right to register at the place of residence of one of the parents. It is being implemented without additional permission from the residents living on it. When carrying out the privatization procedure, the child is provided with a mandatory share of property (Article 2 of Law No. 1541).

When spouses divorce, if the wife or husband does not have their own home, they can claim ½ of the share of their half. If at the time of privatization of the apartment a relative was registered there, but refused a share in the property, the matter becomes more complicated. According to Art. 2 of the Federal Law “On Privatization”, he is assigned the right of lifelong residence. In relation to a woman with a child, the court will most likely oblige her to purchase housing.

Let us briefly summarize the above: it is obvious that registration is not directly related to ownership. But it is one of the conditions for its implementation.

Regulatory and legal framework

Based on Article 27 of the Constitution of the Russian Federation, every citizen has the right to move freely throughout the territory of Russia and the right to choose a place for permanent or temporary residence.

The concept of place of residence is defined in another document - the Civil Code of the Russian Federation (Civil Code of the Russian Federation), as the place where a citizen lives on a permanent (place of residence) or temporary (place of stay) basis. Article 2 of the Civil Code of the Russian Federation defines the place of residence of a citizen as a residential premises (house, apartment, service housing, special-purpose houses), where he can live on the basis of ownership, on the basis of a concluded contract, on the basis of a lease agreement or other grounds provided for by Russian laws.

The place of stay is considered to be residential premises that are suitable only for temporary stay, such as hotels, hospitals, holiday homes, as well as housing where a citizen lives for a limited period of time. Temporary registration may be required in connection with searching for a job in a new region, moving to study in another city, the need for long-term treatment not at the place of permanent residence,

IMPORTANT A citizen cannot simply register at any chosen address. To carry out the registration procedure at the place of residence or stay, documents are required each time - the grounds for the emergence of such a right, which will be listed below.

At the same time, a citizen can have both permanent registration at the place of residence and temporary registration at the place of stay.
The very concept of “propiska” has lost its legal meaning since 1993, it was replaced by the concept of “registration”, but in colloquial speech “propiska” is still used today; in fact, this term today refers to the registration of a citizen at the place of stay or residence.

The institute of registration in Russia is of a notification nature, that is, the citizen notifies the authorities at what address he can currently be found. Since the beginning of 2011, it is possible to submit a notification through the State Services website. In addition, you can submit information about your location through the MFC or the passport office. Despite the notification nature of the registration procedure, it is actually voluntarily compulsory, since citizens may receive an administrative fine for failure to timely transmit data about their location.

Even the presence of a permanent place of registration does not exempt citizens from registration at the place of temporary residence if he stays there for more than 90 days. Upon moving or changing their place of permanent residence, citizens are required to submit information to the passport office within 7 days. The registration procedure itself takes three days. Registration at the place of residence or stay is not subject to state duty.

Having a permanent or temporary residence permit expands the range of a person’s social opportunities, which are often provided on a territorial basis :

The opportunity to place a child in the kindergarten closest to home, which is almost impossible to do without registration,
The ability to choose a school for a child also on a territorial basis,
The opportunity to apply for and receive benefits and benefits at the place of residence,
The opportunity to receive medical care at the nearest clinic free of charge,
Possibility to file claims in the courts at the place of registration,
Possibility of obtaining a pension,
A real opportunity to confirm your place of residence when applying for a job or to register with the employment center as an unemployed person,
Opportunity to obtain a number of documents – driver’s license, medical insurance policy.

It is quite difficult to live without registration and feel like a full-fledged citizen of the Russian Federation; the lack of registration significantly limits the opportunities for a full life.

When registering temporary registration for residents in their apartment, many owners have a question about whether citizens who were registered in this housing may have property rights. The legislation tells us that registered persons receive rights only to reside and use the apartment or house in which they are registered; they cannot carry out other actions with housing.

The Civil Code of the Russian Federation separately identifies the grounds for the emergence of property rights:

State registration of a newly built property,
Implementation of the court decision,
Entry into force of a gift or will agreement,
Concluding a purchase and sale agreement for housing,
Full payment for participation in a cooperative for the construction and purchase of housing,
Privatization of municipal property.

There is not a single mention in the law of registration in an apartment as a basis for the emergence of ownership rights to it. Registration in itself is not the basis for the emergence of property rights to housing, but it can be one of the conditions for the emergence of such a right in a number of situations:

A child registered in his parents’ apartment, when it is sold, receives a share in the new home, otherwise it will simply be impossible to discharge him from his previous place of residence.
Permanent registration in municipal housing on the basis of a rental agreement makes it possible to privatize it, that is, obtain ownership rights.
When spouses divorce, if the apartment belongs to one of them, and the second is only registered as at the place of permanent registration, and does not have other housing. If a woman and a child are forced to leave the apartment, it is possible to oblige the ex-husband not only to pay alimony, but to find new housing for the ex-wife and child. This could be the purchase of new real estate in her name, renting an apartment, selling or exchanging a shared apartment, paying monthly rent payments, and so on.

What is “registration with ownership rights”?

Today, such a concept no longer exists in the legislation of the Russian Federation. Previously, the status of “registration with ownership” implied registration at a specific address with the right to receive a share in the ownership of this housing. This concerned, first of all, municipal housing, which could subsequently be privatized on a free basis.

In this case, in order to obtain ownership rights to housing, it was necessary to comply with the following conditions (the relevance of which remains for the privatization of municipal housing to this day).

Participation in privatization for the first time in their life , except for citizens who became participants in the first privatization as a minor (they have the opportunity to privatize housing twice in their life),
The municipal apartment into which the new tenant plans to privatize must not have been previously privatized by other persons.

Today, in a number of cases, the term “registration with ownership” means registration in official housing, which belongs to a legal entity. The possibility of transferring ownership of housing in which a citizen is registered, as in an official one, is recorded separately in the text of the employment contract.

Registration of a child without ownership rights

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

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

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

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

If the child does not receive registration within 90 days, the parents face a fine of 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 the child at the address where he lives or is registered
extract from the house register and personal accounts (if you need an extract from the house register about those registered in a private house, you must take it from the owner of the property; apartment books are already in the passport office). We have already told you where to get an extract from the house register.
a 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, guaranteeing his rights.

What exactly does registration in an apartment provide, what rights?

If a person registers in his own housing, which belongs to him as property, he has the right to independently make decisions about how to dispose of it, namely:

register in it;
register other persons in it;
demand that the residents of his apartment be deregistered;
rent premises, sell, donate or exchange them at your own discretion.

You don’t have to pay a fine for late registration if you present good reasons for what happened; it’s better if it is documented.

How to apply for temporary registration and what documents you will need for this, read here.

It is worth noting that, if there are grounds, the owner has the right to forcibly remove guests from the apartment, if there are good reasons for this, and today there are quite a lot of them. It is often possible to challenge forced eviction only if there are minor children living with their parents or one of them in rented housing.

If we talk about what rights registration at the place of residence gives, it is worth noting the following:

he does not receive ownership rights to this housing or a lifelong right to use this premises;
he receives the right to register his minor children at the specified address, but registration of other family members can only be carried out with the consent of the owner;
if he invites any citizen who is not a close relative to stay, the owner can discharge him at any time;
The rights of the owner are provided with maximum protection by the law, therefore he can be forced out of his home without the need to provide any other housing.

The homeowner has no obligations in relation to those persons who are registered in the housing he owns, unless we are talking about his close relatives.

Procedure for obtaining registration

To acquire the status of a citizen of the Russian Federation, it is necessary to fulfill a number of conditions prescribed by law. Admission is carried out on a general basis or according to a simplified procedure.

The general admission procedure requires compliance with the following requirements:

residence in the Russian Federation for more than 5 years,
compliance with the laws of the Russian Federation,
having a permanent legal income.

The applicant must meet the following conditions:

knowledge of Russian language,
age from 18 years,
confirmed legal capacity.

Foreigners who have close relatives of Russians have the right to obtain citizenship under a simplified scheme: spouses, if the marriage lasts longer than 3 years, disabled parents, disabled people or pensioners.

The list of requirements does not include permanent residence. Purchasing residential property in the Russian Federation will also not speed up the process. But temporary registration is necessary to confirm your stay in Russia.

In conclusion, I would like to remind you that the lack of registration limits the rights of a citizen and creates a lot of inconvenience. Even if you live in another area of your hometown, you will be forced to contact your place of residence for medical care, obtaining certificates and documents. It is much easier to arrange everything properly.