In accordance with established rules, every citizen must have a residence permit. However, it is not always possible to personally come to the FMS office to formalize it.
In this regard, there is an option to transfer part of the responsibilities to another person by proxy, which will greatly facilitate the registration process.
Is it possible to register in an apartment without the personal presence of the owner? How to properly issue a power of attorney, do I need to indicate the registration address? To understand this procedure, it is necessary to study certain nuances that accompany it.
What is
In a situation where the owner of the living space is not at his place of registration or there are other difficulties in visiting the registration authority, but there is a need to register a person, you can instruct him to register in person.
To do this, it is necessary to draw up and notarize a document that will confirm the citizen’s right to apply to the appropriate authorities on behalf of the property owner - a power of attorney.
Depending on the scope of delegated powers, the following forms of power of attorney are distinguished:
- one-time – issued to solve an existing, specifically specified task;
- special – used to perform several actions that are similar or identical in content;
- general – does not limit the list of powers and actions that an attorney can perform.
- urgent – issued for a certain period of time;
- permanent (irrevocable) – such a power of attorney can be revoked only in special situations.
According to the deadlines, the document is:
Usually they are specified in advance and indicated in the text of the form.
The legislative framework
This issue is outlined in the following acts:
- Law of the Russian Federation No. 5242-1, indicating freedom of movement, choice of place of actual stay and place of residence of citizens;
- Order of the Federal Migration Service of the Russian Federation No. 288, regulating the administrative actions of the Service for the provision of public services.
There is no clear indication in these legislative acts that all parties who must attest to their existence before a migration service officer are required to be present during registration.
Moreover, the possibility of registration by power of attorney is stipulated in paragraph 128 of the Administrative Regulations (relevant for citizens located outside the Russian Federation).
One of the ways to register on the State Services portal is to contact through a representative, which also confirms this possibility.
Temporary registration is now possible without the presence of the property owner
Moreover, they will enter the apartment by force. There are also astronomical bills due to visitors who registered without your knowledge. “This is not a revolution, not the abolition of old rules in favor of new ones,” Daria Novikova, press secretary of the Office of the Federal Migration Service of Russia for St. Petersburg and the Leningrad Region, explained to a Metro correspondent. “People’s opportunities are simply expanding.” Thus, an application for registration, in addition to the usual, traditional method - a visit to the passport office, can now be submitted by sending a letter by Russian Post or through the government services website.
Document form for registration in an apartment
Registration is carried out by a notary on a special form. In him:
- The basic conditions of the process, the rights and obligations of the parties during it are indicated.
- The signatures of the notary and the initiator of the registration are affixed.
Sample power of attorney from the owner for registration (registration at the place of residence) in the apartment:
The power of attorney must contain the following information:
- Full passport details of the principal, including his place of birth and official place of residence.
- Registration address.
- A list of duties and rights of the attorney with which he is vested for a certain period of time (provided in the main part of the form).
- Purpose of delegation of authority.
- Date of preparation and signature of the parties.
- Information about payment of state duty.
Here you can obtain a power of attorney for registration in the apartment.
Registration in an apartment or house by court decision
There are some situations that lead to registration of registration by court decision. Basically, in this matter, going to court occurs if one of the owners disagrees with the registration of a person.
Having property gives a citizen the right to dispose of his apartment or house at his own discretion. But in cases with registration, the consent of all owners is required.
In some cases, such consent may not be forthcoming. As an example, we can cite divorced spouses, one of whom wants to register his relative or friend in his living space. The second spouse does not give consent. Then an appeal to the court is required.
To go to court, you need to prepare the following documents:
- a statement of claim drawn up in a form indicating the reason for applying to the justice authorities;
- notification of filing a claim in court to the owner or owners who do not give consent to registration;
- passports of the owner and the registered person;
- an extract on the deregistration of the registered person from the previous place of registration;
- documents confirming ownership rights to an apartment or house;
- photocopies of your passport and all documents for the apartment;
- receipt of payment of state duty;
- a sheet containing a list of documents submitted to the court;
Often such claims end in a positive decision in favor of the plaintiff. The defendant has the right to file a counterclaim or appeal, where he can describe the reason for his disagreement.
After a court decision has been made, the owner and the citizen being registered can submit registration documents to the passport office, presenting a court order instead of just consent and an application.
A person registered in an apartment or house can register his minor child without the consent of other registered citizens or owners.
Registration process
Before contacting a notary, the principal can and should draw up a draft power of attorney, indicating in it all the important points for himself.
You should also collect a package of documents. Thus, the registration procedure requires its initiator to have the following documents:
After this, you can visit a specialist.
The executed power of attorney will be assigned a unique number, and the notary certifying the papers will be included in a special register.
The validity period of the power of attorney is specified by the principal. If this was not done, the document is valid for a year.
The cost of such a service from a notary will be about 2000-4000 rubles (including the state duty of 200 rubles).
Nuances in design
If the attorney cannot be present at the process of drawing up the power of attorney, it is permissible to draw up an act of transfer of powers to register for such a citizen, as in the situation with the owner.
If the property owner cannot be present in person during the delegation process, then such a procedure is impossible.
Provided that there are other owners of the living space, it is necessary to obtain their written consent.
Is it possible to make a temporary registration without the presence of the person being registered?
And if he can’t attend, then he wants to. M. Znatok (483) 1 year ago, many work on a probationary period and asking to leave work is not in their favor White Wind Artificial Intelligence (140169) Yeah, almost everyone works on a probationary period. Alexey Mudrets (10112) 1 year ago this may fall under FRAUD.
We recommend reading: Payment of alimony
riddle Guru (4897) 1 year ago Marcela Govorova Expert (360) 1 year ago I am a CITIZEN OF MOLDAVIA.
How to register in an apartment without the presence of the owner
The process, in this case, is almost no different from the usual one. The difference lies in the addition of the package of documents. To register a subject by power of attorney, you need to:
Is it possible to register without the presence of the person being registered? When the person who must be registered cannot be present, the registration is carried out by the owner of the apartment on the basis of part of the rights received from the person being registered.
In this case you need to have:
- Passport of both the owner and the registered person.
- Statement.
- Papers confirming the ownership of real estate.
- Written consent of all residents of the apartment.
In this case, the apartment owner must:
Temporary registration
Is it possible to make a temporary registration by proxy from the owner to the registered person? The legislation does not clearly differentiate the process of registering a permanent or temporary registration of a subject under a power of attorney from the owner. For temporary registration you also need to submit an application, provide an identification document and papers confirming the right to real estate.
This procedure can be carried out by mail or on the State Services website. In this case, the owner himself does not have to give his consent, since, in the future, he will receive a notification from the FMS.
Special cases
Is a power of attorney valid when changing registration? When changing your registration, there is no reason to change the power of attorney, since it already indicates your previous place of residence. If a civil servant has questions or complaints, it is worth pointing him to the registration section of the passport, where the previous registration is indicated.
Registration of a foreigner occurs in the same way as a citizen of Russia, however, to the already specified list of papers, you need to add a notification of arrival from the receiving party and a copy of the migration card.
In the absence of registration, the notary may refuse to issue a power of attorney, since there is a violation of the law, which states that every citizen must have an official place of residence.
Registration of a car using temporary registration
For prolongation (renewal) of the contract, the presence of temporary registration or its change does not matter. It is necessary to find a representative office of the insurer in the new region and issue an extension of the contract (a list of all representative offices was issued when the policy was issued). To do this, you must provide the previous contract to the representative office. The insurance company does not request documents again, but checks the data using its electronic resources. If the reliability of the information is questionable, then in this case documents may be requested about the identity of the owner of the car and about the vehicle itself.
We recommend reading: Sberbank application for restructuring
Modern society is becoming more and more mobile and, for example, a long business trip or a more pleasant time - a vacation - is not as scary today as it was before. The market has also become freer, and if the price of a car in your region is high, then in a neighboring region you can often buy a new car more profitably. When planning to travel with a car, you should think about the legal registration of transport. Do I need to register him with the traffic police at his place of residence? What if the insurance expires during the “travel”? Is it possible to issue compulsory motor liability insurance with temporary registration?
Timing and cost
The registration procedure by proxy takes, on average, three days.
The price for issuing a power of attorney will depend on its type and other nuances:
The result of permanent registration in a person’s apartment by power of attorney will be a certificate of his official place of residence, as well as a mark in the citizen’s passport, temporary – only a certificate, without a stamp.
When changing place of residence, permanent or temporary registration is required. The procedure for deregistration and registration requires time and personal presence, which is not always possible for one reason or another.
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:
+7 (Saint Petersburg)
APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.
It's fast and FREE !
Popular questions and their solutions
Very often on thematic forums the same type of questions are asked, the answers to which are interpreted differently.
My husband and I are apartment owners. Now the husband is in prison
. Can I register my father without the appropriate documents?
No. Since registration of adult citizens requires the consent of all owners
. Many colonies have lawyers and notaries, so you can get your husband’s notarized consent there, on the spot.
My husband wants to register his child from his first marriage in our apartment. I'm against. We are two owners.
If the child is a minor, your spouse has the right to register him without your consent. Only in this case will the consent of his ex-wife be required for registration in his father’s apartment, which he owns
. If the child is an adult, your consent is required for registration.
Can I register my brother in a one-room apartment if my husband does not give consent? The apartment is only 30 sq. m. m. Can a small living space affect the decision at the passport office? In addition to my husband and me, our two children are also registered in the apartment.
Today, passport office employees do not look at living space and other standards. You need to obtain your husband's consent for registration. Otherwise, you can go to court.
They wanted to register a friend in the apartment. They brought a notarized consent from one of the owners
.
But we were refused
. What's the matter?
Perhaps the reason lies in an incorrectly drafted application. Consult a lawyer or ask a passport office employee about the reason for the refusal.
The last question should also be examined in more detail. Often, refusals to register without the presence of the owner are due to an incorrectly drawn up application. Here you should not only certify consents and powers of attorney with a notary, but also draw them up with him.
The notary office has all the necessary samples of statements and powers of attorney, which already contain changes to the current legislation made by the government or local government. Contact specialists for advice on any questions that arise during the collection of documents for registration.
- Author: moroz
Rate this article:
(1 vote, average: 5 out of 5)
The procedure for permanent registration or registration of citizens is not a complicated process. But there are many situations in which registration is forced to be carried out without the presence of a person who must be registered in a municipal or privatized premises
.
Registration under these circumstances has a number of features and requires the collection of separate documents and the help of professionals.
What the law says
The legislation of the Russian Federation provides for the procedure for registering its citizens by notifying migration services about a change of residence or moving to another locality. If it is impossible to carry out permanent registration due to the lack of your own housing, you must register temporarily.
Accommodation without registration, as stated in Art. 19.15.1 of the Code of Administrative Offenses of the Russian Federation, entails a fine in the amount of:
- 2-3 thousand rubles . for citizens (3-5 thousand for Moscow and St. Petersburg);
- for tenants, owners of living space 2-5 thousand rubles (5-7 thousand rubles for cities of federal significance);
- for legal entities 250-750 thousand rubles (for capitals 300-800 thousand).
The exception is cases when newly arrived citizens and housing tenants or owners are related. In all other situations, registration is required.
Features of registration, the procedure for registration and deregistration are prescribed by Federal Law Federal Law No. 5242-1, Resolution No. 713 of July 17, 1995. According to them, the registration process will be carried out in the personal presence of the person registering and the owner of the housing provided .
Does the person being prescribed need to take part in the procedure?
Registration without the presence of the person being registered is carried out without problems when citizens under the age of 14 or 18 are registered. As a general rule, the place of stay/residence of such persons will be where their parents are. Accordingly, to carry out the procedure, a passport of the mother/father and a birth certificate are presented. For guardians/trustees, this will be a document confirming the establishment of guardianship.
In such a situation, if there is a social tenancy agreement, the consent of other family members is not required.
In all other cases, you can register a person by proxy or with his personal participation.
How to register by proxy
Registration without the personal presence of the person being registered differs little from the standard one. To complete the registration procedure you must:
- Contact either the regional passport office or the Federal Migration Service together with the owner of the apartment where registration is expected.
- A power of attorney for the representative of the registered person is drawn up in advance at a notary office. This document gives the right to a representative of a newly arrived citizen to fill out applications on his behalf and sign the necessary documents.
Important! To avoid misunderstandings and refusal of registration, it is recommended to first agree with the Federal Migration Service on the possibility of registration by proxy.
Is it possible to register a person without his presence according to the law?
The procedure in this situation is no different from that previously described. True, with strangers it is much more troublesome. Here you will need, first of all, to obtain the consent of the municipal relevant authority, as well as all people officially living in the apartment.
Based on Russian relevant legislation, citizens do not have the right to register or deregister in absentia. But, as usual, life makes its own adjustments, and if there are good reasons, the procedure is carried out in the absence of a person. We will tell you how this is done a little later.
What documents are needed
Registration without personal appearance includes the same steps as the usual procedure. This issue is dealt with by the FMS, regional passport offices, as well as branches of the MFC. You can submit documents to one of these institutions.
Read about the nuances of registering a newborn in the article.
At the time of application you must provide:
- Passport of the citizen providing housing. If there is more than one owner, each interested participant must present documents.
- A document evidencing ownership of the apartment.
- Passport of the person being registered.
- Passport of the authorized person and original power of attorney with notarization.
- Military ID (for men).
- The departure slip is attached in case of pre-checkout from the previous place of residence.
- Application for registration.
Statement
The basis for registration is a written statement on behalf of the person registering or his representative and a counter statement from the owner confirming his consent to carry out this activity.
The application form is standard; the form can be filled out during a visit to the FMS, or in advance. The appeal states:
- the exact address at which the citizen will be registered;
- in case of provision of temporary registration, the period for which the right to reside at this address is granted.
Temporary registration without owner
The law provides the owner with the opportunity to register a person without his presence only temporarily . In this case, the application is sent by mail or using the State Services portal
. In this case, the owner does not have to visit the passport office, nor should he give his consent.
The owner is notified by the registration authorities of a citizen’s intention to register without his presence and consent, and he can cancel such a registration action at any time.
Important. Registered citizens only have the right to live in the apartment, they cannot dispose of it
. You should also know that if the owner agreed to temporarily register a person, then only a court can discharge him without consent, since temporary registration has a specific end date.
Timing and cost
The timing of the request depends on the following:
- Is a parallel deregistration procedure necessary? If an extract is required remotely through an official request at the previous address of registration, the registration period may be delayed.
- Which organization was the application submitted to? So, when contacting the MFC, all documents are forwarded to the registration authorities, while the centers are intermediaries, which increases the period by a couple of days due to the transportation of documents.
In general, the procedure for registering at a new place of residence or stay takes up to 3 working days . There is no payment for services.
The result is a note in the passport about deregistration at the previous address and registration at a new place. In case of temporary registration, a certificate will be issued for the period specified in the owner’s application.
Registration without the personal presence of the apartment owner
Just like registration in the absence of the registrant, registration can also be carried out without the personal appearance of the owner of the home. His interests can be represented by a trusted person, as in the first case, with a notarized power of attorney. But since many cases of fraud are based on this, the FMS is very reluctant to carry out the registration process under such conditions.
Read more about the conditions for receiving a subsidy for the construction of a private house under the Young Family program.
How to register a donation of an apartment from a notary? Instructions here.
To increase the chances of successful registration if a situation arises in which the personal presence of the owner is not possible, it is recommended that a person who has family ties with him and lives in the same territory act as a proxy .
In addition, advance notification of the passport office employees about the peculiarities of the current situation will help avoid unnecessary mistrust.
Temporary
Temporary registration in the absence of the owner at the time of filing the application is simpler, because The owner of the property is in any case notified by the registration authorities of the receipt of such an application.
If consent to registration is not provided by the owner of the apartment, the process can be stopped upon request.
Video consultation
- Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
- All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.
That's why FREE expert consultants work for you around the clock!
- via the form (below), or via online chat
- Call the hotline:
- Moscow and the Region
- St. Petersburg and region
- Regions
APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.
For situations in which it is necessary to carry out registration actions in the absence of the owner providing housing, the question arises whether it is possible to register a person without his presence.
A power of attorney for actions related to the registration of a citizen represents the authority on the basis of which a representative can register a person in the name of the principal. The procedure and conditions for registration accounting are regulated by the Law of the Russian Federation.
The legislation does not provide direct answers as to whether it is possible to register a person under a power of attorney from the owner. There are no instructions to allow this method of submitting documents, nor is there a direct prohibition. Therefore, if there are no other solutions to register and ensure the presence of the owner, then it is recommended to first consult with the FMS office to which the documents will be submitted whether it is possible to submit documents for registration by proxy.
Is it possible to register a person without his presence?
However, you need to make sure that the form of the document complies with the requirements set forth in the current legislation. If registration is carried out in someone else's property, the owner of the apartment must come to the passport office together with the applicant. He must have a passport and real estate documents with him. If there are already several owners, all must agree to registration.
The list of methods also includes appealing through a legal representative. From the provision we can conclude that such an action does not contradict existing norms. Obtaining registration through a third party greatly simplifies the application process. Using this method, a person can register and not violate the established deadline if he cannot personally visit the FMS office. However, it must be taken into account that the fact of transfer of rights to a legal representative must be documented.
26 Jun 2020 glavurist 210
Share this post
- Related Posts
- Rules for filling out a sales receipt without a cash register
- Is it possible for some settlements to move from one area to another?
- Okonkh is the same as okved
- Where to go for land surveying
Registration at the place of residence by power of attorney
Having secured the consent of the FMS branch to accept documents on the basis of a power of attorney from the owner, it is necessary to provide a document that meets the following requirements:
- a power of attorney gives the right to carry out registration actions only in relation to the principal;
- the text of the power of attorney must contain precise instructions on the right to perform such actions as representation on behalf of the owner in the Federal Migration Service, drawing up and signing an application on behalf of the owner, providing and receiving documents for the apartment and identity cards on behalf of the owner.
conclusions
The owner always determines the rules of the game
It should be noted that in most cases, information about the danger of temporary registration for the owner of the premises is unreliable.
One way or another, the owner here determines the rules of the game.
Without his consent or a rental agreement signed by him, no one will issue temporary registration for himself.
The owner has the right to refuse temporary registration at any time
- Author: moroz
Rate this article:
(4 votes, average: 4.8 out of 5)
irinady
Expert + Lawyer
6057
185 subscribers
Ask
Happy new settlers are not always able to fulfill the requirement of the law on registration at the place of residence (make a temporary registration) within the established period of 90 days. Sometimes the reason for this may be the reluctance or inability of the apartment owner to appear at the relevant organization to carry out registration actions
.
Of course, if the owner has not expressed a desire to legalize your temporary stay in his residential premises, then you will not be able to register. The exception is when you register your minor child at your place of registration. In this case, there is no need to obtain the owner's consent.
But if the problem with temporary registration is only the owner’s lack of desire to visit with you the employees responsible for accepting documents for registration, then the regulations provide for the opportunity to obtain temporary registration without the presence of the owner.
If the basis for moving in is a rental agreement, then you can send a notarial agreement by mail with the remaining documents attached (copy of passport, completed application). In such a situation, the persons responsible for accepting documents do not have the obligation to certify a copy of this agreement, and the owner of the premises does not sign the application.
If it is possible to submit only the agreement in simple written form, then the responsible persons are required to certify the signature of the owner and the registered person in the application. In this situation, the presence of the owner cannot be avoided.
Certificate of registration at the place of residence
can also be received via mail.
Although the presence of the owner when obtaining temporary registration is not required, you should not hope that he will not find out about the new residents. After the registration actions have been completed, the FMS authorities will send him a notification about the person registered in his living space.
How to make a temporary registration without an owner
During the Soviet era, the concept of registration existed, but today you more often come across the term permanent and temporary registration. The Constitution of the Russian Federation stipulates that a citizen can freely change his place of stay and residence. And many people take advantage of this.
Alternative methods of registration at the place of residence without the presence of the owner
Often FMS employees refuse to register a citizen who has a power of attorney from the owner for registration. If the owner of the apartment is unable to be present when submitting the application for registration, a notarized consent for the citizen’s registration and a notarized application from him in Form No. 6 is sent to the FMS.
| Registration procedure (necessary documents) | |
| Owner | Prescribed |
| Statement | Statement |
| Russian passport | Russian passport |
| Certificate of registration of the right to an apartment | Departure sheet (if you checked out in advance) |
| Foundation agreement and notarized power of attorney | Military ID and capital letter taken from the military registration and enlistment office (by those liable for military service) |
You will find a complete list of documents required for registration in an apartment in our article - https://propiskainfo.ru/2403-kakie-nuzhny-dokumenty-dlya-propiski-v-kvartiru
This method reliably protects the rights of the owner and allows you to carry out such actions as registration without the presence of the owner. Citizens can also submit documents for registration at their place of residence using the government service website, where the personal presence of the owner and the registered citizen will be required when calling them to present original documents to the FMS, or notarized signatures of these citizens.
If it is impossible to ensure the presence of both legal representatives of the child, it is necessary to reach an agreement with FMS employees on the form of the document - a power of attorney, ensuring consent to the registration of the child from the second parent.
FMS employees have the right not to accept a power of attorney, since both parents must register the child, or one, having in hand a notarized consent to the registration of the second legal representative of the child. If an agreement is reached with the FMS employees, then a power of attorney with extended powers, including a clause on the right to register a minor child at the address provided by the applicant, also has the right to be issued by a notary. The applicant must have the status of the child's legal representative.
Important! Important! Persons who are registered in the living space can use it, but cannot make any transactions (exchange, purchase, sale), since only the owner has this right. However, if the registered person has children, the child can be registered without the consent of the owner, since children under 14 years of age must live only with their parents. Read more about this here.
To register at the place of residence, there is no need to issue a power of attorney, since the law provides for filing an application by mail. With this method, it is necessary to send notarized documents confirming the right to provide residential premises and application form No. 1. Receipt of a registration certificate also has the right to be carried out by post.
The rights of the owner in this case are protected, since FMS employees send the owner of the property a written notice about the presence of a new temporary tenant registered in his living space.
Sep 10, 2019adminlawsexp
Required documents
To register in an apartment without a citizen, the following documents will be required:
- notarized power of attorney;
- identity cards of the person being registered and the representative;
- title documents for the apartment - a warrant or social tenancy agreement or a certificate/extract of ownership.
- For men of conscription age, you also need a military ID and a registration form from the Military Registration and Enlistment Office.
- If the apartment is municipal and the person registering is not a close relative (children, parents, spouse), permission from the city authorities is also required.
- when registration is carried out by a citizen who is not in a family relationship with the tenant or citizens living in the apartment under a social contract, then the consent of other persons registered in the apartment is required.
The power of attorney is drawn up and certified at a notary office. If a citizen cannot appear for health reasons, then an official is invited to the home. If it is not possible to sign due to physical disabilities, a hand applicator is invited.
You can register in another city without personal presence only if you have a departure certificate. If the change of address occurs in one subject of the Russian Federation, such a certificate is not required, since information about the cancellation of registration is automatically entered into the database when registering at the new place of residence.
The power of attorney contains the details of the parties: the representative and the citizen who is registered in the premises if the latter does not have the right to dispose of the apartment as the owner and is not a responsible tenant under a social tenancy agreement.
Also, an application to the authorized bodies can be submitted on behalf of the owner of the premises. In this case, you will need a document on the right to the apartment - sole ownership or share and a passport in the original.
The power of attorney is issued in a simple form, not general. It specifies passport data and powers to represent interests in certain authorities on the issue of registration of a certain citizen in the living space.
Usually, when drawing up a power of attorney, the presence of two parties is required - the principal and the representative, since the notary needs to verify the consent to perform legally significant actions and the legal capacity of the parties, but this is not necessary.
It is enough for the principal to express his will for the registration of a certain citizen in his apartment. When submitting documents on behalf of a registered citizen who does not have rights to own real estate, consent is required from the owner - a private individual or a municipal or state authority whose powers include the disposal of the property.
A power of attorney can be either special - for carrying out certain actions on a regular basis, or one-time - for performing legally significant acts once.
The document reflects, if necessary, the powers:
- In submitting certificates and passports for marking in the house register.
- To submit an application, if one has not been submitted through the State Services Internet portal.
- For payment of tariffs and fees associated with registration.
- By providing the basis for ownership of real estate to the authorized bodies.
- To resolve any related issues related to the exercise of authority by a person.
