Registering a person with the owner of the property - how to carry out the procedure

What it is

Registration has been one of the main documents for many years. It was introduced to register citizens of the country and track their movements.

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This was the main document establishing the rights of a citizen at the address of residence. With her help, they got jobs and bought cars.

After the collapse of the Soviet Union, it was abolished in democratic Russia and was replaced by a new term - “registration”. They acquired a new concept because “registration” was associated with a totalitarian regime and reminded free people of the past.

According to the legislation of the Russian Federation, registration is a system for controlling population migration.

There are 2 types:

1. Registration at temporary residence address.
2. Permanent registration.

It is required. Failure to have the appropriate stamp on your passport is subject to a fine.

Documents for registering a child in an apartment

The place of registration of a newborn is the address where his parents are registered.
When they have registration in one place, no problems arise. But it also happens when the mother and father are registered at different addresses. Basically, in such situations, the baby is registered at the mother’s place of residence.

At the same time, at the address of other relatives, if the parents are not registered there, the child’s registration in the apartment or house is impossible.

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So, the following documents are submitted to the registration authority:

• statement;
• if parental addresses are different, a certificate from the authority at the other parent’s residential address is required stating that the child is not registered there;
• evidence;
• identity cards;
• if registration is done at the father’s place of residence, then the mother’s written consent is required, which she does not object to, and if the child is registered with the mother, then she is not required to provide consent from the father, although this is sometimes required by officials.

Data about the child is entered into various documents. And at the end, parents are returned their passports and given a certificate of form No. 8 for the child. It is presented along with the birth document to various authorities.

Why is this necessary?

There are 2 reasons why citizens want to obtain registration:

1. This is mandatory and punishable by law.
2. It has a lot of benefits and opens many doors.

Indeed, there are many situations in which having a certificate of your current residential address is an advantage. A large number of problems cannot be resolved without confirmation of registration.

Main benefits of registration:

1. Helps with registering children for kindergarten at their place of actual residence. Without submitting a certificate, this process will become much more complicated;
2. Delivering the child to school. In this case, the registration requirements are even stronger. The parent or guardian registering the child is required to provide his/her residential address.
3. Increases your chances of getting a good job. The fact is that most employers require the candidate to provide a certificate of residence. The absence of this document is the reason for refusal in many companies.

According to the law of the Russian Federation, companies do not have the right to refuse because of registration, however, as practice shows, they do not call back after the interview.

1. Obtaining a loan from banking organizations. In financial institutions, special attention is paid to registration, because when payments are stopped, banks want to know where the debtor lives. Therefore, if there is no proof of address, the application will not be considered.
2. Qualified medical care, and free of charge! All district and city clinics are required to serve a citizen registered in this area. This only applies to public hospitals. When visiting, you must take your certificate and passport with you.
3. Receiving benefits from the state and social assistance is carried out according to the address indicated on the registration.
4. If your passport is lost or stolen, it is possible to replace it by contacting the local migration center.
5. Some colleges, universities and institutes require a residence permit upon admission.

Documents for registering another person in your living space

In addition to the package of documents of the registered person, the owner will also have to provide a number of papers:

• Certificate that the apartment is owned by a specific person.

Such a document can be:

1. Certificate of ownership, if a person intends to register outside the territory of a privatized living space.
2. A contract or order of employment in the event that the person is registered on the territory of municipal property.

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Copies of one of these documents must be provided to the FMS department, and you must have the original with you so that the department employee can verify the certificates. Some regional institutions may not require you to have such a document.

This will only mean that the service employees have submitted a request to the municipality in advance to obtain a certificate of title number.

• Written consent of persons also registered on the premises.

If the apartment is privatized and owned by one or more persons, and several people are still registered on its territory, then all of them must also come to the office of the Federal Migration Service to write a statement of their consent. In the case when a person is registered in municipal housing, persons registered on its territory will simply have to put their signatures and thus indicate their consent.

In this case, you may also need the consent of the landlord, written by hand and, in some cases, certified by a notary.

• Written statement from the apartment owner.

This statement can be written in the statutory form, according to the sample, or in a free form. This will depend on the established operating procedures of a particular department of the Federal Migration Service. It is mandatory that the application contains the following information:

1. Type of property ownership, its exact address, number of people living.
2. Status of the registered person (owner or hired).
3. Details of the attributed person (personal and contact information).
4. Written consent for registration.

Registration without the presence of the owner in 2020

Registration without the presence of the owner is carried out in three ways:

• using a notarized agreement;
• By the tribunal's decision;
• a person representing the interests of the owner.

More details:

• In the first option, it is necessary to obtain a statement from the owner that he allows a certain person to register in his property. Experts say that certified consent must be presented immediately.
• They obtain registration through a court process if there are many owners. As is known, in such cases, the consent of all property owners is required to register a person. If one refuses, there is an opportunity to sue and win the case.

In this case, all owners provide written consent for registration.

• The third option involves a proxy for the home owner. He must represent the interests of the owner of the premises. He must have a notarized confirmation of the right to be a trustee.

Read what rights registration gives you. What to do if there is no registration? More details here.

child

Children have advantages over adults in this matter. Newborns cannot be prohibited from receiving registration at the address of their mother or father.

Even an insufficient number of meters per person is not an argument. The owner, according to the legislation of the Russian Federation for 2020, will not be able to register the child if there is nowhere else to register him. Therefore, you can safely take your documents to the passport office.

Minor

Minors also fall into the previous category. Children under 18 years of age can be registered in any premises where one of his parents is registered. Even residential property owners cannot prohibit this.

Therefore, landlords do not like to rent apartments to pregnant women and women with children. After all, they cannot be discharged even through the court.

By proxy

To obtain registration without the presence of the owner by proxy, you will need to ask the property owner to draw up an application for permission and secure it with a notary. Such measures are resorted to if the owner is disabled or ill.

If the document is drawn up correctly, the employee will accept it and give a certificate or a stamp.

Applying to passport authorities using a notarized power of attorney

The issuance of a notarized power of attorney makes it possible to carry out legally significant actions through a representative, from the sale of housing to the execution of documents in authorized government bodies. Registration of citizens can also be the subject of a power of attorney, and the following important circumstances must be taken into account:

• a power of attorney for registration can only be issued upon confirmation of ownership of an apartment or house;
• the power of attorney can only be used within the period of its validity;
• To register a residential property in this way, you will need a power of attorney from all owners.

Note! Without the consent of one of the owners for registration, even having a power of attorney from the other owners will not provide the opportunity to register with the authorized bodies.

The power of attorney must be certified by a notary, otherwise it has no legal force. If such a document is received, for registration you need to submit:

• general civil passports of citizens subject to registration, as well as a representative by proxy;
• original power of attorney;
• notarized consent of all citizens for registration;
• title document for real estate (certificate of title or extract from the Unified State Register of Real Estate);
• payment document confirming payment of the state duty.

Registration in this way without the consent of other registered citizens or owners will be impossible; the documents will be returned by the authorized bodies. Such consent must be expressed in the personal presence of these persons or it can be formalized by a notary.

The only option when a citizen is registered at his place of residence without the presence of the homeowners is the case when he owns a share in the property rights. This right is granted to each shareholder; it cannot be limited by the decision of the remaining shareholders.

Kinds

As stated above: there is permanent and temporary registration. A large number of citizens confuse these two concepts. However, if you look at their definitions and differences, everything falls into place.

Temporary registration is a certificate indicating a person’s current residential address. You must acquire it when placing a city located in another region. If a person arrives in a new place and the trip lasts more than 90 days, he needs to register.

Need to know! Staying in another subject of the Russian Federation without registration for 91 days is a violation of the law. This applies to both citizens and guests of the country. Considering that it takes more than one day to process it, you should take care of the issue in advance so as not to miss the deadline.

Permanent registration is a stamp confirming the address where the citizen lives most of the time. In most cases, you receive it in your apartment or parents’ property.

It’s easy to distinguish the two terms: they have different purposes and 3 significant differences. Therefore, you should not worry that people are confused and do not see the difference between them.

For clarity, below are their main differences:

1. Temporary registration is issued for a certain period, which cannot exceed 5 years, permanent registration is issued indefinitely.
2. Temporary is not valid without an identity document. The passport office employees enter the permanent information into the passport when it is changed or reissued.
3. To obtain a temporary one, the consent of the owner of the property where you plan to register is required. When obtaining permanent registration, this is not required, because in most cases people register their property.

It is worth noting that permanent registration is a certificate, and permanent registration is a stamp in the passport.

Need to know! Any citizen who has permanent registration can visit another city in the Russian Federation, and if his stay is longer than three months, he will receive temporary registration at the place of stay.

Thus, it is possible to have both types of registration at once.

What documents are required?

The following documents must be prepared for registration in an apartment:

1. Passport of the citizen who needs to be registered.
2. Application on a standard form.
3. Receipt for payment of state duty.
4. Original certificate of ownership of the property.
5. Written permission from other homeowners (if any).

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

It is also advisable to present to the migration service officer the departure slip that the citizen receives upon discharge from another place of residence. Is it possible to register a person in an apartment without a departure certificate? Of course yes. The FMS specialist makes a request to the territorial body of the service at the citizen’s previous registration address, after which he is automatically deregistered. When registering for registration, you should also take into account that if you deregister at your previous address and register at a new one, you must contact the appropriate services within a week.

Where to contact

There are several places where you can obtain registration. However, when receiving without the owner, it is strongly recommended to contact the passport office. It is there that the employee will receive the most qualified assistance and all questions will be answered.

You can also resolve the issue by contacting the MFC, but the passport office employees are more knowledgeable in issuing registration.

Considering that not many people want to receive without the owner and this raises suspicion, contacting the PS would be the most correct decision.

Registration in an apartment or house by court decision

The court decision will be a legal way of registration without the presence of the owner. In court proceedings, the plaintiff’s right to registration is confirmed, which will be formalized in the form of a judicial act.

Appealing to passport authorities based on a court order has the following features:

• the decision can be executed by passport authorities voluntarily or forcibly through enforcement proceedings;
• to apply in this way, it is necessary that the judicial act enters into legal force;
• the decision may contain an indication only of permanent registration, so only issues of protecting the civil rights of citizens are subject to consideration in court, and temporary registration does not give rise to any rights.

When receiving a court ruling, passport authorities are required to strictly follow the requirements set out in the operative part of the decision. If the content of a judicial act is unclear or cannot be executed without additional instructions, you must contact the same judicial body that made the decision.

A typical case of going to court on such an issue is when one of the former spouses wants to register a relative in their part of the living space. For example, if the property is jointly owned and a man plans to register his brother in a privatized apartment, however, he was unable to obtain the consent of his ex-wife to register in the apartment.

For the court, it is necessary to collect evidence confirming that the plaintiff has the right to real estate, which gives him the opportunity to register persons at his own discretion. After a judicial act is issued, the consent of the remaining owners will not be required; the decision can be immediately presented to the authorized bodies.

How to register in an apartment with the owner: documents

To register at a new address, you need to collect and submit a certain package of papers to the passport office. The citizen registering must submit the following three documents: an application of the established form, a passport and a departure certificate.

The identity document must be valid:

• The exchange period made upon reaching 20 and 45 years has not been missed;
• There is no damage;
• It should not contain errors or unnecessary entries.

Registration is carried out only according to the original document. It remains in the passport office until processing is completed. An entry will be made in it containing the new registration address and registration date.

Persons under fourteen years of age must attach a birth certificate. The law does not allow registration on the basis of other identification documents (foreign passport, temporary ID, etc.).

Statement

The application is written on a ready-made standardized form according to Form 6. It must be obtained from the passport office employee who accepts documents. A sample of filling out the form should be posted on information boards.

In individual multifunctional centers and other institutions that accept documents for registration, there may be uniform forms for registrants and premises owners. Each department has its own rules, so you may need to fill out an arrival form.

Departure sheet

This paper, among others, is submitted only when the citizen has already been deregistered at the old residence address. Remember that departure, arrival, and apartment cards are filled out by passport office employees.

The owner of the residential premises, the tenant and persons registered at this address must provide to the passport office: title documents for the residential premises, their consent and a statement from the owner.

Statement from the owner or tenant of the apartment

Consent to the provision of residential premises for the registration of the specified person is written in the application form in the presence of an employee of the passport office.

It must contain information:

• About the residential premises (type, postal address);
• About the person who provided the apartment or house;
• About the registered citizen;
• About consent to his registration.

Consent of interested citizens

Apartment owners and residents must have their passports with them. There are two situations:

• The housing is privately owned. All owners must be present when the documents are handed over to the official at the passport office. They will have to sign in the appropriate box under the application in Form 6. If the apartment has more than 1 owner, and only one of them will visit the government agency, then it is necessary to issue a notarized power of attorney from each of the owners who are not going to go to the passport office;
• The housing belongs to the municipality. In this case, consent to register the next tenant will be required from all registered persons. It is also impossible to do without coordination with local self-government bodies.

Title papers for an apartment or house

For residential space that is privately owned, a certificate confirming this fact is required. You can register in a social rental apartment if you have an agreement with the municipality and a warrant.

The passport office employee accepts photocopies of the listed papers, and he needs the originals only for verification and review.

The current legislation contains provisions that allow citizens not to present the specified papers to obtain registration. If necessary, employees of a government agency have the opportunity to independently request them from the owner, Rosreestr, administration, etc.

Taking into account the accumulated practical experience, we can say that the absence of photocopies of title documents for residential premises can increase the registration period to 8 days. If the Federal Migration Service does not receive these papers for various reasons, then the applicant’s registration will be denied.

After this, the passport office specialist will check all the papers with copies and make sure that all homeowners are present according to the submitted applications. An identification document will be taken from the registering citizen and the date of its receipt will be given with a note about registration. This procedure takes no more than a week.

Having accepted the entire package of papers, the employee issues a receipt for their receipt. Documents for registration in a house or apartment can be submitted both during a personal visit and through the State Services portal.

Due to the fact that registration of registration requires a certain time, the applicant may have circumstances that require a passport. In this case, the citizen has the right to demand the issuance of a temporary identity card. But applying for this paper is a waste of time and effort.

Advice to those applying for registration: in order to avoid problems with registration in the future and to avoid delays associated with correcting typos and inaccuracies, ask the passport office employee to show the completed forms to check the information contained in them for accuracy and the absence of errors.

The registration procedure at the place of residence or stay is free. Citizens are not charged any duties or other government fees. But when filling out papers through the MFC or housing department, their employees have the right to offer paid services for filling out forms. They are obliged to inform the client about this in advance, who may not agree to their provision.

Some sources indicate that the package of papers for registration in an apartment must contain a military ID or registration certificate. This is not true.

Citizens liable for military service, when moving to another locality, are required to personally come to the local military commissariat to register or deregister. For this reason, there is no need to show your military ID to a specialist from a government agency.

Can the person registering not be present during registration?

If it is impossible to visit the passport office, he can issue a notarized power of attorney to carry out registration on his own behalf. It is not necessary to draw up a general power of attorney; a one-time or special paper is sufficient.