What it is
A municipal apartment is a living space provided to certain citizens under a social tenancy agreement for living.
In this case, the owner of the property is the municipality, which protects the social security rights of citizens.
Municipal apartments are provided to the following persons:
- orphans in the absence of a guardian;
- military personnel;
- war veterans;
- individuals who were included in the program for relocating citizens from dilapidated houses;
- those affected by the liquidation of the Chernobyl disaster;
- victims of natural disasters;
- visitors from the Far North;
- immigrants;
- citizens with a disease dangerous to others - here rare diseases are distinguished that pose a mortal danger due to airborne transmission.
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At the same time, it is legally established that the represented categories of citizens must independently seek municipal housing.
Temporary registration in a non-privatized apartment
A distinctive feature of obtaining temporary registration in a non-privatized apartment is the need for the written consent of the owner of the property for such registration and the written consent of all citizens living in such a (non-communal) apartment.
The registration period is established by mutual agreement between the tenant and the owner of the property
. Temporary registration is carried out by the registration authority. To register, in addition to the above documents, you will need a passport, an application for registration and a package of documents that confirm the existence of grounds for temporary residence in such a living space (for example, a marriage certificate). Additionally, the registration authority may require (sub-lease) of the apartment by the persons with whom you plan to move in and conduct temporary registration in a non-privatized apartment for joint living.
In conclusion, it should be noted that failure to comply with the rules and conditions of temporary registration may result in penalties from the authorized bodies.
Registration in a non-privatized apartment is the act of registering a tenant at his residence address in order to obtain rights to own part of state property or take possession of an inheritance. Registration can only be carried out with the consent of the landlord and with notarization of the consent of the residents
Registration rules
The rules for registration on the territory of municipal housing include the following points:
- You can register with the permission of the municipality and all citizens registered in the apartment;
- permission is issued in writing from everyone registered (the municipality's permission is written in the social tenancy agreement for housing) - you should contact the passport office with it if you need to register a relative;
- without the consent of those registered, only close relatives can be registered;
- citizens registered in a municipal apartment can register their minor children without the consent of others;
- The municipality or simply employees of authorized bodies may refuse to register a new relative if the space of the premises does not allow.
The registration procedure is no different from the standard process. Here you should also submit documents to the passport office or settlement and service center at your place of residence.
How to register in a municipal apartment with your husband
A municipal apartment is a premises that is owned by government agencies, namely the local administration . A municipal apartment is provided for living under a rental agreement. It is provided in accordance with the citizen’s request to provide him with premises to live.
This is only possible if the citizen does not have his own home.
Living in public housing requires citizens to comply with a number of rules. Important ! However, the happy result of such a stay is the opportunity to privatize the apartment, which means registering it as your unconditional property. But for this you need to fulfill a number of conditions.
Procedure
To register new residents in a municipal apartment, you need to collect the documents required for the procedure and perform the following steps:
- Contact the Passport Office, MFC or settlement and service center at your place of residence.
- Submit documents at the department and write an application asking to register a relative or stranger.
- The employee accepts the documents and checks them. Next, he transfers the received information to the FMS department, where the completed registration is verified.
- The whole process takes no more than 3 days, after which you can pick up your passport with the appropriate registration stamp.
Often, tenants are faced with the problem of refusal to accept documents - this is explained by the desire to register not a relative, but a stranger, in a municipal apartment.
The actions presented are illegal - employees of authorized departments must accept documents and subject them to thorough checks. In addition, to register a third party, the tenant obtains consent from the municipality.
Registration procedure
How to register in a municipal apartment, sequence of actions:
- Collection of documentation necessary for registration.
- Submission of a package of documents to one of the following authorities: FMS, MFC, passport office of the housing department, electronic portal of the State Service.
- Reception of documents at the appropriate authority. Waiting for registration production period.
- Receiving a registration stamp in your passport or certificate in the form of a separate document.
If documents are submitted electronically (on the State Services website), the applicant is invited to visit the FMS office on the specified day and time to receive the result of the service.
To register in housing belonging to the municipal fund, the applicant must submit copies and originals of the necessary documents to the authorized body.
What documents need to be provided:
- applicant's passport;
- statement;
- social lease agreement or order;
- consent from residents;
- consent from the owner.
The Federal Migration Service or another authority will provide the citizen with a form of departure from the previous place of residence to fill out. An authorized officer cannot refuse to accept documents from a citizen.
If you submit an application through the State Services website, the applicant will be asked to fill out some document forms electronically.
Whose consent is needed?
Registration in a municipal apartment is possible only with the consent of:
- all residents;
- owner of the premises.
Therefore, the applicant must visit the office authorized to accept documents with all residents of the apartment (except for young children).
Residents of the premises may not appear in person at the department, but only convey their consent in writing, certified by a notary. Also, the powers of other residents can be transferred in a one-time power of attorney.
Consent from the owner of the premises can be issued in any form in the presence of an employee of the FMS/MFC/passport office. This paper must contain information about the tenant and the address of the property.
Typically, registration takes up to 7 days from the date of application.
However, the Main Department of Internal Affairs of the Ministry of Internal Affairs of the Russian Federation formalizes this process in 3 days.
When contacting other responsible organizations, the wait will be about 6 days.
This procedure is considered completely free. There is no state fee for obtaining a residence permit. However, if the applicant was provided with additional services, then the payment will be appropriate to their volume.
What documents are issued as a result? In the standard case, after completing the procedure, a special stamp is placed in the passport of an adult (adult) applicant. Minors receive a separate document confirming their registration.
What documents are needed
To register in a municipal apartment, you must collect the following documents:
- passports of the tenant who subsequently submits the application, as well as the citizen being registered. The documents must be valid at the time of the start of the registration process for a municipal apartment;
- the citizen being registered at the previous place of residence must take a departure sheet - check out of the apartment or other living space with clarification of registration at the new address;
- with the certificate of departure according to the previous registration, you must obtain a certificate of family composition;
- men - adults and liable for military service - must present a military ID;
- if not one citizen, but a family is registered, a marriage certificate should be prepared;
- for registered minors, it is important to prepare a birth certificate;
- application for citizen registration.
It should be noted that minors, but children over 14 years of age, must be present when submitting documents and sign the forms issued to them independently.
Temporary registration in a rented apartment
A rented apartment can be both a place of stay and a place of residence of a citizen other than the place of his main registration
. According to the requirements of Russian legislation, citizens who do not live at the place of their main registration are required to fulfill the conditions of temporary registration in a rented apartment, and be temporarily registered at the place of temporary residence or at the place of actual residence.
Such rules are especially strict in Moscow, where, for example, foreign citizens do not have the right to stay without temporary registration for more than three days (not counting holidays or weekends). For violating this rule, citizens may be subject to administrative punishment.
Registration of temporary registration preserves the citizen’s right to housing at the place of his main place of residence (registration). Temporary registration in a rented apartment is carried out upon the availability of an application from the owner of the residential premises and identification documents of the tenant of the apartment.
Peculiarities
We should consider in more detail the features of registration of certain persons who agreed to register in a municipal apartment.
Relative
It is easy to register a relative in a municipal apartment - this is permitted by law. The tenant can register close relatives without the permission of the other tenants.
Close relatives include children, parents and spouses. Other relatives are allowed to register with the consent of the others.
It should be noted that all citizens registered in a municipal apartment have the right to a share in it in the event of privatization and subsequent sale.
Without the consent of all residents or one registered
Registration in municipal housing is regulated by law, namely Article 70 of the Housing Code of the Russian Federation and Government Decree No. 713 of 20015. The acts indicate that registration of a non-close relative is possible only with the consent of the other residents.
Often married spouses try to register one of them on their territory. In this situation, they often receive a refusal from the other tenants, but the newlyweds have a chance to achieve what they want through the court.
As judicial practice shows, the court issues a positive verdict only if this registration does not contradict the infringement of housing conditions, namely, a reduction in living space per person.
Such actions are considered intentional, so the municipality gives a categorical refusal.
Without consent through court
You should go to court if a citizen registered in a municipal apartment cannot legally register a relative or spouse. It is recommended that you first contact the municipality to obtain the consent of the “owner” of the living space.
If the administration does not give a positive decision, then there is a chance of getting what you want through the court. You should prepare thoroughly for the court hearing in order to protect your interests on the basis of the law.
To Grandma
A minor child is registered at the place of registration of the father or mother, regardless of the status of the apartment (it is private or municipal), as well as the opinions of the residents.
Therefore, if one of the parents is registered in the living space, he can be registered only by providing a passport and birth certificate to the Passport Office or other authorized body.
Situations also arise when it is necessary to register a minor with his grandmother without one of the parents being registered in her living space.
There may be different reasons for this - the need to enroll in a kindergarten or school. This is only possible if the grandmother has guardianship over the child.
After the death of a relative
After the death of the responsible tenant, the right to use and reside in the apartment passes to the citizens registered in it. Sometimes the social tenancy agreement immediately indicates possible heirs, which further indicates the fact of transfer of responsibility for the living space - the municipality enters into a new agreement with him.
From the moment the tenant dies until a new social tenancy agreement is drawn up, no one will be able to register in the apartment. But there are exceptions - this is the registration of a minor at the place of registration of the mother or father.
Additionally, you can apply for the right to grant a registration permit to the municipality. The application indicates the reason for the application - the death of the responsible tenant and the preparation of a new social tenancy agreement.
Without the consent of the employer
The tenant is the same responsible tenant who is responsible for the maintenance of the living space in exchange for the right to live on its territory.
It is impossible to register a new tenant in the apartment without his consent - he can register close relatives on his territory without the consent of the others.
However, tenants can register their minor children without the consent of the tenant. This is legal, so a tenant who decides to evict a child’s parent will have big problems.
Privatization of part of the apartment
- Coordination of privatization conditions: obtaining consents to privatization, refusals to participate in privatization (with preservation of the right to permanent use of the apartment).
- Applying for privatization to municipalities.
- Obtaining consent from officials, signing an agreement.
- Obtaining a title document for the apartment and technical documentation.
- Voluntarily or through the court, they sign an agreement on the procedure for using the apartment.
- Determine the procedure for paying utility bills (indicating the amount that each tenant must pay).
- They contact local authorities with an application to transfer municipal housing into communal living space.
- They receive consent to transfer to a “communal apartment” and privatize each room separately.
