Expert: In what case is brilliant green given to a summer cottage?

Home / Real estate / Housing rights / Registration

Back

Published: 10/06/2017

Reading time: 8 min

0

265

Often, during the registration process, citizens encounter problematic situations, which result in a refusal to issue a registration certificate.

But even if all the documents have already been completed, representatives of the Federal Migration Service may terminate the registration period early.

• Refusal to register at place of residence
• Forced termination of registration
• Cancellation of registration

What types of registrations are there for an apartment?

Registration is the registration of citizens at the place of residence (permanent) or place of stay (temporary). A person registered in an apartment does not have the right to dispose of it; the law only allows him to use this premises.

Only its owner and those whom he allows to do so have the right to permanently register in a residential area. Their children under 18 years of age have an undeniable right to register in the territory of their parents.

To obtain a residence permit, you need to submit an application and the necessary papers to the passport office or MFC.

Citizens are required to register in accordance with the legislation of the Russian Federation. This procedure is regulated by Government Decree No. 713 of July 17, 1995

. Registration is often required for employment or enrollment in educational institutions.

Average terms

The timing of obtaining a residence permit is affected by the type of registration being completed, as well as the category of the person registering.

Thus, citizens of the Russian Federation must register temporarily no later than 90 days , and permanently no later than 7 days from the date of discharge from their previous permanent place of residence.

For foreigners, the general period is 7 days .

Temporary

The period for obtaining temporary registration ranges from 3 to 10 days , but if you apply during the passport period with a full package of documents, it makes it possible to obtain the appropriate certificate within the minimum specified period.

The duration of temporary registration for compatriots is a maximum of 5 years , and the minimum is not specified.

For foreigners, the duration of temporary registration is limited to a maximum of one year , after which the procedure must be completed again.

Video: step-by-step instructions

Constant

Permanent registration is made for an indefinite period and ceases to be valid only if the person has independently checked out from the residential address or there is a court decision to evict him.

You can complete permanent registration through the passport office in 5-6 days , and if the passport officer is not busy and everything is in order with the documents, the mark in the passport will appear even earlier.

What you need to know

The owner has the right to register in a privatized apartment. There are no obstacles to this, even if he owns only a share of the area. To register other persons, the consent of all co-owners is required.

Any number of citizens can be registered in privatized housing. In this case, there are no standards for accounting for area per person.

To register someone in a privatized apartment, all owners, except minors, must appear at the authorized organization (housing department, MFC, Federal Migration Service). If for some reason this is impossible to do, for example, the owner is disabled or must leave urgently, he issues a notarized power of attorney for the other owner to give consent for him.

He has the right to certify with a notary the owner’s statement authorizing occupancy. If such paper and other necessary documents are available, the registered person can decide the issue of registration himself.

It is not necessary to register in the purchased apartment; this is done only at the request of the owner.

To register an outsider you must:

• approval of all owners;
• permission from the municipal authority (UMI, administration);
• compliance with acceptable standards for recording area per person.

Accounting standards are established at the regional level. You can find out their size from the administration or housing inspection.

If, during registration, the share of area per person registered is less than the normative one, then the procedure will be refused. The calculation takes into account the total area of ​​housing and the number of registered residents, regardless of their actual residence.

Minor children are registered with one of the parents with the consent of the other, certified by a notary.

The child will be registered without the presence of the owner if the following documents are present:

• originals and copies of parents’ passports;
• original and copy of the birth document;
• extracts from the house register confirming the parents' registered address;
• consent of the second parent certified by a notary;
• marriage or divorce document;
• adoption paper (for guardianship).

The period of registration in the apartment of a minor is equal to the period of registration in it of his parent. Children aged 14-18 years can be registered separately with the permission of their parents.

Military personnel who do not have their own living space have the right to register in a service apartment, which the Ministry of Defense provides for their temporary residence. It is also allowed to register military family members who are dependents and live with him (children, spouses, parents).

Ukrainians and Kazakhs have the right to stay in the Russian Federation without registration for 90 days. They are then required to cross the border again or obtain a residence permit.

Representatives of other states must register with the Federal Migration Service within 7 days from the date of arrival.

For this you will need the following documents:

• original and copy of migration card;
• passports of the receiving and registered persons;
• paper on housing ownership;
• completed special notification forms;
• consent of other owners.

A foreigner is allowed to stay in the Russian Federation for more than 90 days in exceptional cases:

• when studying at a state educational institution;
• if you have a paper giving the right to work in Russia;
• in the presence of a medical certificate confirming the inability to leave the country for health reasons.

The procedure for registering an apartment is clearly regulated by Russian legislation. The registered citizen must comply with the established registration procedure, deadlines, prepare the relevant papers, and, if necessary, obtain the consent of the owners.

Application form for registration at place of residence

Nuances

The chosen method of submitting documents for registration at the place of residence or stay leaves an imprint on the procedure. Registration through the passport office has its own nuances.

Appeal

1. Before applying to the passport office for permanent registration, you must deregister at your previous address, unless your new place of residence is in the same locality.
2. Next comes the collection of required documents.
3. When all the documents are in hand, you need to personally visit the passport office and fill out and submit the form yourself. This applies to everyone who has already turned 14 ; teenagers under this age are registered by their parents and guardians.

When a person liable for military service is registered, the procedure becomes more complicated and requires the collection of additional documents.

A registration form, different from the general form, is filled out, as well as a registration card, which the passport officer will issue upon presentation of a military ID. These papers will be required at the military registration and enlistment office, since this is how a person needs to be deregistered.

Afterwards, you need to visit the military registration and enlistment office at your new place of residence and register there.

A mark will be made on the military ID, after which you need to go back to the passport office to register with all the documents and the military ID.

Newborn registration

Registration of a newborn has its own characteristics.

Among them:

• An infant is allowed to be registered only at the address where one of his parents or legal representatives or guardians actually resides.
• When the place of residence of one parent differs from the place of residence of the second, they must independently determine with whom the child will live and, accordingly, where the child will be registered.

When submitting documents, the agreements reached must be recorded in writing in the appropriate agreement and submitted along with a package of documents to the passport office. If the parents have not reached an agreement, the situation must be resolved in court and instead of consent, a court decision is submitted along with a package of documents.

If the presence of one of the parents is impossible, then a notarized consent to registration is required from the absent parent, which the second parent provides along with a package of documents.

Also, when registering a baby, the consent or disagreement of other adult residents of non-privatized housing or owners of privatized housing is not taken into account.

At the place of residence

The main feature of registration at the passport office at the place of residence is that there is no need to go through the deregistration procedure at the previous address, since when re-registering at another address in the same locality, the passport office employees are required to do this themselves.

In this situation, the person is insured against missing the deadline for completing a new registration, since the day of deregistration of the previous address will coincide with the day of registration at the new one.

And as you know, a pass occurs when a person has left his previous address and has not completed a new registration within a week, which is fraught with liability.

How registration in SNT occurs is written here.

Details about how to issue a registration certificate in Form 9 are written here.

Law

Registration at the place of residence or stay is carried out in accordance with the norms of the Housing Code of the Russian Federation.

His articles contain:

• basic definitions in the field of registration accounting;
• requirements and grounds for obtaining registration;
• a list of necessary documents for each specific case of registration actions.

The rules for registration in the Russian Federation are determined by the following regulations:

• Law on the right of citizens to choose their place of residence No. 5242-1 dated June 25, 1993;
• Resolution on the rules of registration and deregistration No. 713 of 07.17.95;
• Code of Administrative Offenses of the Russian Federation;
• Criminal Code of the Russian Federation;
• Civil Code of the Russian Federation.

To obtain permanent or temporary registration, Russian and foreign citizens must fulfill the following requirements:

The legislation provides for certain registration deadlines:

• if you change your place of residence, you must register in another living space within a week;
• Parents are required to register a newborn at the passport office within 7 days;
• foreigners must register with the Federal Migration Service within seven days from the moment of crossing the border;
• If you are not at your registration address for more than 90 days, you must register your temporary stay.

Application form for deregistration (form 6)

Features and nuances

Subtleties depend on the form of ownership and family ties. So, to register in a municipal apartment, you first need to obtain permission from the Property Department. This is done to ensure that there is no less area per person than required by law.

The child also does not need to obtain the consent of the owners or other residents if he moves in with his father or mother. They can be prescribed to parents without restrictions. But up to the age of 14, a child can only live with one of the parents; living with other relatives without a parent/guardian is not allowed.

In certain cases, you can invite a registrar to your home. This is permitted if your health condition does not allow you to visit the passport office.

As you can see, registering at the passport office is not difficult. The most important thing is to collect the necessary documents.

If you find an error, please select a piece of text and press Ctrl+Enter.

Didn't find the answer to your question? Find out how to solve exactly your problem - call right now:

+7 (Moscow) +7 (St. Petersburg)

Registration at the place of location or residence is a mandatory procedure for every person staying in the territory of the Russian Federation on legal grounds. Citizens who want to register at their place of residence are interested in a number of nuances: what documents are needed for registration, how to register the residence of a minor or a newborn, what is the difference between registration in a privatized and state apartment - our website has prepared detailed explanations about this.

Read more: Postings spent on travel expenses

Decor

The following can register in an apartment:

• owner at will;
• close relative of the owner (parents, children, brothers, sisters, grandparents);
• a stranger with the consent of the owner.

The procedure for registering in an apartment depends on the status of the housing and on who is registering.

It consists of the following stages:

Some difficulties in the registration process arise when there are several owners of living space. In this case, registration of minor children is permitted without the consent of the owners; for other persons, the written consent of all owners is required. It is also necessary to have them present during the procedure or have an appropriate power of attorney.

The newborn must be registered in the territory of one of the parents. To do this, you first need to issue him a birth certificate.

To receive it, the registry office provides:

• certificate from the maternity hospital;
• passports of the child’s father and mother;
• marriage document.

In some regions, civil registry office employees issue certificates for children directly in the maternity hospital. If this document is available, the parent has the right to register the child by visiting the FMS office at the place of registration.

When moving into a municipal apartment, a social tenancy agreement is drawn up. It includes all family members who can be registered in it.

When registering another person, you must:

• approval of the owner (local officials);
• compliance with the norms of square footage per person;
• written consent of the remaining residents (for communal apartments).

For registration actions regarding shared housing, written permission from all shareholders is required. You can register temporarily with the consent of the homeowners

. The procedure is carried out faster if you have a certificate of departure from your previous place of residence.

Sample of filling out a receipt of state duty for registration in an apartment

What documents are required for registration depending on the person’s status?

The existence of rights and obligations also applies to the institution of registration at the permanent address of residence. Therefore, when faced with the dilemma of what is needed for registration in a private house or apartment, one should take into account the status of the registered entity.

For adults

For citizens of the Russian Federation who are over 18 years of age and have full legal capacity, the registration procedure for permanent residence in Moscow follows a single, fairly simple scheme. An adult citizen will be registered after submitting the following list of certificates and papers:

• internal passport;
• statement;
• permission for registration (not required if the owner himself is registering);
• if available, real estate documents;
• when registering in a rented apartment - a lease agreement or a social rental order;
• a certificate from the BTI without delay in payment for the services of the service company.

What documents are needed for the registration procedure for children?

According to Russian law, children under the age of 14 are required to live only at the place of registration of one of the parents or an officially appointed guardian. Other relatives do not have the right to register such persons on the territory of the Russian Federation.

For such registration, permission from other apartment owners and persons living at the address is not required. An exception may be registration in the dormitory at the place of study. Submission of registration documents is carried out by an authorized person - one of the parents or guardian. The Registrar should submit:

• an application filled out according to the sample;
• passport of the father or mother who came for registration;
• birth certificate;
• upon request, documents on the ownership of housing.

What documents and certificates are needed to register a newborn in a new apartment?

In order for a newborn to enjoy all social benefits (receive medical care, social assistance, attend a preschool), he must be registered. The law does not establish deadlines for registering a newborn at the place of residence of the parents and does not provide for administrative liability.

If the parents live in an official marriage and at the same address, the presence of only one of them is required to register the child. But, if the parents are divorced or living in a civil marriage, then the presence of both father and mother is mandatory. To register, an employee of the MFC or migration service will need:

• parents' passports;
• birth certificate;
• optional title documents for housing;
• certificate of personal account;
• house register when registering in the private sector.

Registration of a relative

When registering a relative at the place of residence, compliance with registration standards in residential premises in both privatized and municipal housing is not required.

Registration of a stranger

When registering permanently or temporarily at a new address, you must enlist the support of all residents, and in the case of municipal property, additionally obtain permission for registration from the municipal authorities on whose balance sheet this residential premises is located.

Instructions for citizens who are not registered with the military registration and enlistment office

Registration of persons who are not permanently registered with the military registration and enlistment office occurs on a general basis and does not require a certificate of deregistration.

To register citizens registered with the military registration and enlistment office

The main feature of the residence of persons registered with the military is the need for the person liable for military service to remain registered at the place of location and permanent residence.

Therefore, after completing the registration procedure, such a person must register with the local military registration and enlistment office. The passport office does not have the right to refuse registration to a person who has not been removed from military registration at his previous place of residence.

Read more: How to privatize a plot of land under a garage

The person liable for military service must provide the following package of documents at the place of registration:

• petition Form No. 6;
• citizen's passport;
• documents confirming the right of ownership of residential premises or a foundation agreement (donation, purchase and sale, will);
• departure certificate, in the case when the subject managed to check out in the city at the previous place of stay;
• military ID or registration certificate.

Documents required for refugee registration

Refugee or temporary migrant status gives you the right to register at your location only on the basis of one document: a referral for temporary settlement in a certain region. You can get such a direction only in ter. bodies of the Ministry of Internal Affairs, in case of consideration of the submitted documents and satisfaction of the application to grant the applicant such status.

For foreigners

The stay of foreigners on the territory of the Russian Federation is possible only if they comply with migration legislation. To control and manage migration flows, every foreigner must undergo registration at their location, even when entering with a migration card. To register, a foreigner must submit:

• application form indicating the type of registration requested;
• visa or migration card;
• ID card (name, surname);
• documents of the receiving party, including the property of the residential premises;
• written consent of all owners at the registration address;
• certificate from the BTI.

Existing types of apartment registrations

In accordance with the legislation of the Russian Federation, a citizen has the right to register at the chosen place of residence permanently or temporarily. The choice depends on the length of stay in this housing.

The state requires citizens to notify the migration service about their movements around the country, i.e. about their residence address.

Every Russian person is required to have permanent registration. Moving is not prohibited, but this requires a new registration to be submitted to the Federal Migration Service within a week.

Permanent residence allows you to:

• receive free medical care;
• enjoy social benefits;
• participate in government programs;
• register children in kindergartens and schools.

If a citizen leaves his permanent place of residence for a long period, he is obliged to register at his location within 90 days.

You can temporarily stay anywhere in the Russian Federation, the main thing is to notify the Federal Migration Service about this. To do this, you need to contact the local passport office or the staff of the hotel, sanatorium, etc.

. d.

Temporary registration of a person does not cancel permanent registration.

Application form for temporary registration for citizens of the Russian Federation

Is it necessary to go to the management company after registering at the passport office?

• Forbidden
• How long does it take to register at the passport office?
• What documents are needed to change your registration and the procedure
• How to check out of one apartment and fit into another

What documents are needed for registration at the passport office? Attention: If you provide copies, they will be notarized;

• application for registration;
• completed arrival and departure forms;
• consent of the owner of the property and other persons living in it, when registration is carried out for a residential area in which other people are registered.

Not required, but sometimes may be required:

• a copy of the bank account at the previous place of residence;
• extract from the house register;
• copies of all provided documents.

They put a new registration in the passport.

How does the procedure work?

The algorithm for obtaining a residence permit consists of six sequential steps:

How much is usually done

The chosen method of submitting documents and applying for registration affects the duration of consideration of the application and the issuance of a certificate.

The time frame for consideration of an application for registration does not depend on who owns the housing: private property of an individual or legal entity, or municipal property.

To the FMS

When submitting documents for registration in person to the territorial division of the Federal Migration Service, the opportunity to obtain registration is 3 days , provided that the applicant has submitted all the necessary documents.

If more detailed information is requested, the period is extended to 8 days.

The duration of registration is calculated in working days.

Read more: What are the benefits for pensioners in the Rostov region

In the Internet

Using Internet resources, and in particular the public services portal , makes it possible to register online within 3 days .

Via mail

Having copies of the required documents certified by a notary allows you to apply for registration through any branch of the Russian Post.

The processing time for such an application is 3 working days.

They will begin to be calculated from the moment the postal item arrives at the registration authority.

If you are not the owner

For registration in a municipal apartment, the general conditions apply to the tenant and his relatives. You need to visit the passport department with a copy of the order or social employment agreement. The consent of all persons registered in this living space will be required.

For a citizen who is not a close relative of the employer, the registration process is more complicated. He needs the consent of the owner, which must be provided to the passport officer.

When registering in privatized housing, you also need written approval from the owners and a package of documents.

Cases of mass registration in an apartment are illegal and are of interest to employees of the Federal Migration Service. To avoid problems, before applying for registration, you should find out how many people are already registered in this housing.

Nuances of the contract and taxes

To register a residence permit, you need a supporting document, it can be:

In 2020, there is no state fee for registering.

Owners of real estate or shares in it are required to annually pay property tax to the budget. Its rate is set at the regional level. It depends on the cost of housing. Benefits are provided for some categories of the population (pensioners, disabled people, large families, etc.)

. d.).

So, according to the legislation of the Russian Federation, every citizen must have a permanent residence permit. This necessary procedure is completed through the Federal Migration Service, MFC or online

. To carry out the procedure, a package of documents and the consent of the owners is required.

Documents for registering a child can be sent to the MFC branch.

You can see the list of documents for registration in a private house below.

How registration is completed after receiving a temporary residence permit - see here.

How can the owner of an apartment register in it and what is needed for this?

The apartment has been purchased, the purchase and sale agreement has been signed, and an application for confirmation of ownership has been submitted to the registration chamber. What to do next? Is registration required in the purchased home? How can a homeowner register a residence permit in his apartment?

Why is registration necessary?

Government Decree No. 713 regulates the standards for registering citizens at their place of residence. Based on this law, citizens who received residential premises through purchase, exchange, inheritance or gift are subject to registration.

At the same time, purchasing an apartment does not oblige a citizen to register in it .

Moreover, one person may own several residential premises, but there is no need to register in each of them, since registration is carried out only at one address.

To dispose of an apartment, the owner does not need a registration; ownership rights are sufficient.

Conditions for permanent registration

The procedure for permanent registration in an apartment purchased, inherited or donated is practically the same . The only difference will be the foundation agreement.

The conditions for registration in an apartment on a permanent basis are as follows:

1. Extract from previous place of residence. When registering at the same territorial point, it is not necessary to sign out in advance; upon registration, the check out will be done automatically by the employees of the passport office. But sometimes registration without an extract takes up to one month, so it’s better to do the registration yourself.
2. Submitting an application to the registration authority. The application is submitted in the prescribed form. On behalf of minor citizens under 14 years of age, it is submitted by parents or legal representatives. The application indicates on the basis of which document registration can be carried out.
3. Attachment of necessary documents.

When applying for registration at your place of residence, you should remember that a citizen cannot be registered at two addresses . In this case, it is possible to have a permanent registration and a temporary one at the same time, but not two registrations of the same type at the same time.

Where should I go?

In order to register permanently in your own apartment, you must contact the passport office at the location of your home. If there is none, you can apply for registration through the territorial branch of the Migration Service (FMS) or at the nearest multifunctional center (MFC).

The deregistration is carried out at the passport office at the place of previous residence with the obligatory receipt of a departure certificate.

However, to register a property, a purchase and sale agreement is not enough; you must also have registered ownership.

If there is none, then first you will need to contact the Rosreestr office to register ownership.

Having received the completed certificate and collected the necessary documents, you can contact the FMS (passport office) or the nearest MFC.

You can apply for permanent registration online. To do this, you need to go to the government services website and fill out a special application form .

When filling out an application in the absence of an extract from your previous place of residence, it is enough to fill out a special tear-off coupon attached to the registration application.

The completed electronic application will be sent to the registration authorities and a few days later a registration stamp will be placed in the passport.

What documents will be required?

To register in your own apartment, you will need to provide the following documents:

• passports of a citizen of the Russian Federation;
• an application filled out on a special form;
• birth certificates for minor citizens;
• foundation agreement, which could be a purchase and sale agreement, deed of gift, etc.; departure slip, if the checkout was made earlier.

Deadline for registration

Citizens of the Russian Federation are required to register at their place of residence no later than seven days from the moment of arrival at the new address after being discharged from their previous place of residence.

This obligation is enshrined in clause 16 of the “Rules for registration and deregistration of citizens of the Russian Federation at the place of stay and place of residence within the Russian Federation,” which were approved by Government Resolution No. 713 of July 17, 1995.

Delay in registration is fraught with an administrative fine from 2 to 5 thousand rubles .

If the deregistration at the previous address was not carried out, then the owner has the right to register permanently at the new address at any time, regardless of the period.

However, you must remember that living in a region other than your place of permanent residence for more than 90 days requires registration, permanent or temporary.

Terms and cost of registration

When submitting an application for registration, an employee of the registration authority will check that the application is filled out correctly and that all necessary documents are available. After this, the passport is submitted for registration and a date for its receipt is set.

If the extract was issued in advance, then registration can be carried out on the same day. In the absence of an extract, the procedure will take from 7 to 14 days .

On the appointed day, you must show up and pick up your passport with a registration stamp. You can only receive a passport in person, since the recipient is required to sign the register book.

Some companies offer assistance in registering for a certain amount of money. But registration is free of charge . Therefore, if everything is in order with the documents, then no difficulties arise during registration and you do not need to pay for it.

The need to pay in the form of an administrative fine arises only if the registration period prescribed by law is delayed.

Video: Step-by-step instructions on how to register in an apartment

In the video, the lawyer talks about the procedure for registering citizens of the Russian Federation at the place of residence and at the place of their temporary stay.

Instructions are given on how to proceed in order to quickly and easily register in an apartment, what documents will be required for this procedure and what difficulties may be encountered during this process.

Is it possible to privatize a municipal apartment?

Privatization is the process of transferring rights to housing from the state to a specific citizen. No one obliges you to carry it out, it is the right of every person living on state property

. Its task is to create optimal conditions so that people can have their own living space.

Municipal housing is housing that is owned by the state and transferred to people for use on the basis of a social tenancy agreement. Property is transferred free of charge, with the exception of payment for utility services.

If the tenant dies, the property reverts to the local authority. But citizens are given the right to draw up a will indicating further privatization

. In this situation, only those people who have a residence permit will be able to apply for housing.

You can privatize any municipal-type residential premises, be it an apartment, a house or parts thereof. These objects can be transferred to private ownership

. But there is property that cannot be privatized.

This includes the following:

1. Property located on the territory of a military camp.
2. House museums.
3. Premises owned by commercial companies.
4. Buildings located in parks, squares, historical and architectural complexes.
5. Housing declared unfit for habitation due to its unsafe condition.
6. Premises located in the zone of man-made accidents.

You can register residential property at any time; the law does not set any deadlines. After all, this procedure is voluntary.

. If desired, the employer can begin privatizing a share in a municipal apartment or the entire premises immediately after signing the social rental agreement.

Registration at place of residence

Foreigners living in the country permanently or temporarily and owning housing located on the territory of the Russian Federation must register at the address of this housing. If you own several such premises, then you only need to register one at a time, but indicate the rest. Having your own apartment will be the basis for registration.

The application must be submitted to the FMS within 7 working days after receiving a residence permit, temporary residence permit or upon arrival at the specified apartment.

List of documents for foreigners:

1. A document confirming your identity in accordance with Russian legislation.
2. Residence permit or other document permitting temporary residence.
3. Documents for the right to use housing.

List of documents for stateless persons:

1. Residence permit or other document permitting temporary residence
2. Documents for the right to use housing.

Reasons for deregistering foreigners at their place of residence:

1. Moving and registering in a new place.
2. Termination of the right to own housing.
3. Termination of the right to reside in Russia.
4. The court invalidates the existing registration.
5. Death of a citizen, declaring him dead or missing.
6. Fictitious registration.

Despite the existence of laws that explain everything, in practice people often face various controversial issues, to which sometimes different services give different answers. Such controversial situations include registration in emergency housing, mortgage or communal apartments, as well as in social rental apartments.

Is it worth privatizing a municipal apartment: pros and cons

The following table will help you figure out which is better: a privatized apartment or a municipal one.

Who has the right to privatization

In accordance with the social tenancy agreement, there is a specific tenant of the apartment who is responsible for making payments for utilities, maintaining the proper condition of the premises, etc.

It is he who has the right to engage in privatization, as well as his family members who are registered in the housing.

The law classifies the following categories of persons as family members:

• Relatives.
• Dependents who are recognized as incompetent and are fully supported by the employer.
• Other citizens by decision of a judicial authority.

IMPORTANT! All persons who have a residence permit in the apartment must give their consent to the transfer of the residential premises to private ownership. The opinions of not only adult citizens, but also children aged 14 years and older are taken into account

. All of them need to draw up a statement indicating that they are not against privatization.

Definition of the terms “registration” and “registration”

The terms “registration” and “registration” are often equated. This is not entirely correct from a legal point of view, since registration embodied the functions of administrative and planning supervision over the placement of citizens.

The main purpose of registration is to record information regarding the address of location or residence in order to ensure a legal connection between the person and the state.

But in everyday life, these two definitions are used as synonyms and are used equally successfully.

Legal consequences of recording your place of residence

Recording the place of residence or stay is the responsibility of a citizen of the Russian Federation. The legislator has provided for administrative liability for failure to comply with the rules for properly recording the address in the form of administrative fines (Administrative Code of the Russian Federation, Article 19.15.1). At the same time, having a registered registration provides certain opportunities.

List of rights enjoyed by persons with registered residence:

• legally reside and stay in a certain territory;
• if necessary, legally confirm the location to the employer;
• register a minor child in an apartment, place him in a kindergarten or school;
• receive guaranteed free medical care at a local hospital;
• apply for benefits, social assistance, subsidies;
• carry out registration of individual entrepreneur certificates, SNILS, INN.

This list can include a number of others, such as the right to use house and apartment property, the ability to express consent to the registration of other persons, and to participate in the privatization process, if this concerns municipal real estate.

Regarding the issue of the relationship between registration and the emergence of property rights, it is important to note the following. Property can be acquired as a result of rent (more about rent for an apartment), gift, purchase, by court order or through inheritance. The mere presence of a record of a citizen’s place of residence does not give rise to the right of ownership of property.

Types of registration at place of residence

Current legislation divides the registration of persons at the place of residence into 2 types:

• temporary;
• constant.

The classification into these two types is due to the validity period and differences in the registration procedure.

Permanent registration does not have a validity period, is terminated at the request of the person or, in some cases, by a court decision, and also provides a number of exclusive privileges (to register close relatives, to express consent to the registration of third parties, to participate in the privatization process).

Temporary registration serves to properly document the fact of a person’s short-term residence at a specific address. This type of registration ends after the agreed period. Temporary registration is advisable to use for business trips, stays in medical institutions, hotels, sanatoriums or temporary departure.

When changing the permanent address, the resident is required to go through the registration procedure with the relevant authorized body no later than 7 days after arriving at the new place. After proper application, the person is provided with a passport with the appropriate mark (stamp) within a 3-day period.

As for temporary registration, it should be issued if the 90-day period of stay in a foreign city has been exceeded. After following the required procedure, the person who is registered temporarily receives a certificate form.

Rules for the procedure

The rules of privatization are quite simple; the procedure must comply with the following principles:

• Re-registration of real estate is carried out free of charge. Only government fees are payable.
• Privatization is carried out entirely voluntarily.
• The privatization agreement has a standard form throughout the Russian territory.
• The opportunity to privatize a share in a municipal apartment, and not just the entire premises at once.
• The agreement on the transfer of rights to property is drawn up in one copy, regardless of how many people took part in the procedure. If necessary, all participants have the opportunity to make a copy and have it notarized.

There are two options for re-registration:

1. In shared ownership. In this case, each family member will own a certain part of the property.
2. In joint ownership. With this method of registration, the home will belong to all participants in the procedure.

It is recommended to privatize in shares, so that in case of divorce there is no need to divide the home.

If the tenant lived in a municipal apartment that was recognized as dilapidated or in disrepair, there is no need to rush into privatization. It is better to wait until the house is resettled, new housing is provided, and then re-registered in your name.

Apartments issued on the basis of service in law enforcement agencies or the armed forces are not allowed to be privatized. However, it is possible to obtain consent from the department to transfer real estate into the ownership of local authorities. Only then can we begin the privatization of municipal housing in the standard manner.

Foreigners

The procedure for registering foreigners and stateless persons is described in Federal Law No. 109-FZ dated July 18, 2006, as well as in the Administrative Regulations on the implementation of migration registration dated August 29, 2013. Migration registration of foreigners includes registration at the place of residence and registration at the place of stay.

Any foreigner staying in Russia for more than 7 days is required to register, otherwise he will face an administrative fine or deportation. Usually, all issues related to registering foreigners are dealt with by the receiving party, but if a citizen can prove that for objective reasons it is not able to do this, then he has the right to arrange everything himself.

Registration at the place of stay

Who is subject to registration: Persons permanently residing in Russia must register within 7 days after checking into their place of stay. Exceptional cases that require registration within only one day following the day of arrival:

1. No specific place of residence.
2. Accommodation in a sanatorium, holiday home or similar establishments.
3. Shift work.
4. Staying in a hospital or institutions involved in the rehabilitation of persons without a place of residence.
5. Stay in an institution involved in the execution of administrative penalties.

Persons present in the country temporarily must register within seven days upon arrival at the place of stay, except for the following cases, which require registration within only one day following the day of arrival:

1. Accommodation in a sanatorium, holiday home or similar establishments.
2. Staying in a hospital or institutions involved in the rehabilitation of persons without a place of residence.
3. Stay in an institution involved in the execution of administrative penalties.

For foreigners who are highly qualified specialists and members of their families, the time to register for migration is increased to 90 days from the date of entry.

If they have permanent registration in Russia and move around the country, then upon arrival at a new place for up to 30 days they do not need to register.

Foreigners are deregistered at their place of residence for the following reasons:

1. Change of location.
2. Leaving the country.
3. Death of a citizen, declaring him dead or missing.
4. Fictitious registration.

How to privatize a municipal apartment

Privatization is carried out in several stages. First, you need to obtain consent for registration, then register your ownership of the living space.

Where to contact

First of all, you need to visit the administration, namely the department dealing with housing issues. You need to come there with an application.

. The organization will review the application and draw up a privatization agreement.

After the agreement with the municipality is concluded, you will need to contact the Rosreestr body to register ownership. You can visit the institution in person or send documentation through the State Services portal.

You can also use the services of the Multifunctional Center. Recently, the MFC has been accepting documents for registration, which it then transfers to Rosreestr.

What documents are needed to privatize a municipal apartment?

When contacting a local self-government body, you need to prepare a certain package of papers. It is necessary to carefully check that all documents are in place

. The absence of even one certificate will result in refusal to accept the application.

The following is required:

1. Application from the tenant with a request to re-register the residential premises.
2. Passport.
3. Certificate confirming the birth of the child.
4. Agreement with the administration on rental housing.
5. Technical plan of the home.
6. Bank account information.
7. A certificate indicating the repayment of all payments for utility services.
8. A document confirming that the citizen refused to participate in the re-registration, if any. A certificate is issued by the BTI authority
   . It must contain information about the period during which the citizen who refused privatization lived in the apartment.

You can download a blank form and a sample of filling out an application for privatization of an apartment directly on our website. Sample statement of claim for privatization of an apartment through the court.

To carry out registration actions, the Rosreestr authority will need the following documents:

• Application with a request to record the transfer of ownership of the home.
• Applicant's passport.
• Agreement on the implementation of privatization.
• Technical plan of the home.
• A receipt certifying payment of the state fee.

Having accepted the package of papers, employees of the registration institution or the Multifunctional Center issue a receipt. It indicates the date when the citizen can pick up his certificate of ownership. From the moment the information is entered into the real estate register, the tenant becomes the full owner of the property.

Deadlines

The standard period for registration of privatization takes 2 months. Entering data into the real estate register takes place within a week if you submit documents directly to the Rosreestr office. If you register through the Multifunctional Center, the registration period will increase by about 2 days, since the employees themselves do not deal with the procedure, but transfer the papers to Rosreestr.

Price

During privatization, there is no need to buy out a municipal apartment. But this does not mean that no expenses will be required.

. The procedure is accompanied by the use of various services for which you must pay.

The maximum amount is 2020 rubles , which is paid for registering ownership of an apartment or private house. This is a state fee, so payment is required.

If you need to draw up a refusal to participate in privatization at a notary’s office, you will need to pay approximately 500 rubles for notary services. , a state fee of 2020 rubles is also .

If illegal redevelopment was carried out in the premises, then during re-registration this fact will be revealed. This will entail the imposition of an administrative fine of 2,020 rubles.

Thus, privatization will cost approximately 3.5-5 thousand.

Passport offices of management companies

• 1 Registration procedure 1.1 Documents

The situation when you need to change your registration is not uncommon. It is dictated by moving, marriage and other reasons.

Very often, the public service of changing the place of registration is postponed until later, for fear of long queues, due to a lack of understanding of what and in what sequence to do, the necessary papers, where to make changes within the framework of the law, taking into account the established deadlines, otherwise the existing documents will not be valid. Registration procedure Before registering at a new address, you need to deregister from your old registration. This is done:

Under this article, for “arbitrariness, that is, unauthorized, contrary to the procedure established by federal law or other regulatory legal acts, the exercise of one’s actual or alleged right, which has not caused significant harm to citizens or legal entities, except for the cases provided for in Article 14.9.1 of the Code of Administrative Offenses of the Russian Federation” , faces a warning or an administrative fine:

• for citizens - from 100 to 300 rubles;
• for officials - from 300 to 500 rubles.

Also find out whether the Criminal Code has the right to publish lists of debtors on the doors of the entrances of MKD 6869 0. If you have any questions, you can always contact us for advice. We also help management companies comply with 731 RF Regulations on the Information Disclosure Standard (filling out the Housing and Communal Services Reform portal, management company website, information stands) and Federal Law No. 209 (filling out the Housing and Communal Services GIS). Certificates and extracts issued by management organizations regarding the registration of citizens contain information about the owners, the composition of their families, and dependents registered in the housing stock. In other words, this information directly affects the rights and obligations established by the legislation of the Russian Federation of owners who apply to the management organization to receive it.

These certificates and extracts must be provided free of charge. According to the law, the owner can appeal to the prosecutor's office against the management company, which refuses to issue him the necessary certificate or extract free of charge.

Administrative liability for the management organization in this case arises under Article 19.1 of the Code of Administrative Offenses of the Russian Federation “Arbitrariness”.

Is it possible to privatize a room in a municipal apartment?

A person renting housing from the state has the opportunity to transfer only a room to himself. But there is one nuance

.
It is impossible to separate a share from an ordinary home; local authorities will not agree to this
. It is allowed to register a separate part for yourself only after the entire apartment has been transferred to private ownership.

Municipal authorities allow only those rooms that are located in communal apartments to be re-registered. In this case, the citizen must live in the premises on the basis of an agreement with the administration

. In this case, the consent of the neighbors in the communal apartment is not even required. The decision to carry out the privatization procedure is made individually.

Previously, legislation required first obtaining the approval of other residents of a communal apartment, so that all real estate could be transferred to private ownership at once. But over time, this order was canceled and the state allowed the procedure to be carried out at its own discretion.

IMPORTANT! The consent of other residents is required only if they live directly with the tenant in the same room. They will need to write a statement indicating that they are not against re-registration

. Their presence is also necessary during the procedure.

The procedure for privatizing a room in a municipal apartment is almost no different from re-registration of the entire property. The employer also needs to collect papers, the list of which includes a passport, papers from the BTI, a certificate of no debt, etc.

Communal apartments have an important difference from other residential premises. It consists of the presence of places intended for general use. These include the kitchen, bathroom, corridor, pantry, hallway

.
All residents have the right to use these parts of the property equally
. The procedure for use is determined by them in agreement.

The employer will need to allocate a share of these places. It is calculated as follows: all the areas of living rooms are added up, the amount is divided by the area of ​​the room transferred to private ownership. The result will be a value that will be considered the share of the new owner in all public places.

After determining the share, it must be documented. All residents of the communal apartment must sign a paper, thereby confirming that they are not against the size of the share. If one of the residents does not want to sign, you can go to court.

The allocation of shares does not mean that each tenant will use only a part of the room, for example, half a bath. It's physically impossible

. Allocation is necessary in order to simply consolidate your right to public places.

After receiving ownership rights, a citizen has the opportunity to sell his room, rent it out to other people and make other transactions available to every property owner.