The issue of registration remains one of the most important in realizing the rights of citizens and organizing family life. It’s good if one of the family members owns real estate and is ready to register their spouse, parents, and children on it. The most problems arise for citizens who intend to register with a person who owns only part of the property. It is possible to register a person without the consent of other owners only in certain circumstances.
If you do not have your own home, issues with registration are resolved in any of the available ways, depending on the available capabilities. If shares are allocated in an apartment, they can be registered only with the consent of the owners or in special cases, which will be discussed below.
Ways to register without the consent of property owners
The most correct thing would be to contact the owners and obtain permission to register a new tenant. Together with documents for the apartment and passports, the new tenant and the owner submit applications with a request to be registered with the consent of the owner.
Consent is not required if:
- A person who owns a share in real estate is registered. This right is established by law and is mandatory upon personal application.
- The issue of registering minor wards is resolved if the initiative comes from the registered parents - father or mother. When registering adults who have or are planning children, it is worth discussing whether the parents have an alternative place of residence or registration. This will help in the future to forcibly deregister the parents and the child if they refuse to re-register the registration address.
- It is necessary to temporarily provide a place to stay in another city. If you are not living at your main residence address for more than 3 months, you must urgently register. The law allows temporary registration without asking permission from all owners.
Question: Is it possible to register a grandchild with his grandparents?
Answer: The law allows grandchildren to be registered only if one of the parents is registered at the same time, and none of the owners objects to the registration. A minor is not registered without a parent.
The lack of registration significantly complicates the submission of official applications from citizens, however, the inability to obtain permanent registration should not impede the exercise of basic civil rights of Russians. The solution will be temporary registration, which will provide almost equivalent powers on a par with citizens registered on a permanent basis.
Important! Temporary registration in municipal housing does not give rights to real estate if it is planned to privatize the housing in the future.
Legal grounds
Is it possible to register at your place of residence?
Yes, the owner decides who to register as tenants (Article 31 of the Housing Code, Government Decree No. 713 of July 17, 1995).
This is also confirmed by the articles of the Basic Law, confirming freedom of movement and the right to housing (Article 27 and Article 40).
What does registration in a privatized apartment give? A person who has received the official status of a resident receives the right to live on these square meters, on an equal basis with all other residents, to use the property provided to him, including common property.
He can also register minor children in this territory (Article 20 of the Civil Code). And without the consent of the owners. This point must be taken into account by the owners and discussed before any transactions.
Do I need the consent of the second owner? How to write permission?
Sample application for registration at the place of residence from the owner.
Sample application for permission to register at the place of residence from the owner.
How to register an apartment registered as shared ownership?
The legislation allows everyone who owns at least part of the property to register on the living space they own. However, for the remaining residents, everything changes. The presence of a second owner entails the need for additional approval and obtaining written permission from the co-owner. If there are several owners, you will have to take permission from each.
When permission cannot be obtained, the task of obtaining registration becomes more difficult. Since the law allows you to dispose of property at your own discretion, one of the owners has the right to allocate a part of his living space and transfer it to a person who requires registration. As soon as a registered citizen receives a share, he has the right to register at the address where his property is located, bypassing the opinion of the other co-owners.
Such an approach to solving the problem is only permissible in relation to close people who are ready to give up part of their possessions. Later, it will no longer be possible to remove such a tenant from the apartment until he wants it himself.
If the issue of registration in a private house is being resolved, a problem may arise with the allocation of living space in kind, with the separation of a separate entrance in the common area.
If the apartment belongs to the municipality, it will not be possible to register an outsider without agreeing with the administration. Only close relatives are registered in an apartment using social rent without approval:
- spouse;
- children.
Difficulties will arise if the apartment is classified as emergency housing or its area is too small to accommodate a new tenant. This rule does not apply to the situation if the mother or father wants to register a newborn.
Is the consent of everyone registered for registration required?
The owner has the right to decide for himself who he wants to register in his apartment.
But if the property is divided into shares, then you will have to consult with other people. The owner must come to an agreement with other owners, otherwise the person registering will not be able to complete the procedure. And in this case, it does not matter who he is to the person who allowed the registration. If you want to obtain temporary registration in a state apartment, you only need the consent of the OKS. The tenant is responsible for the apartment. If in your own or privatized apartment, then the consent of the owner. If there are 2 shares or more in the apartment, you can register for any share with the consent of the owner of this share. In this case, the consent of other owners is not required
Can I register my spouse at my own address?
Private ownership gives more power, allowing for different options regarding real estate. In some situations it would be easier to obtain a residence permit in municipal housing. This happens when the parents of a spouse are not eager to register the other half of their heir, realizing the risk of possible problems with the registration.
Even if you own part of the property, it will not be possible to obtain registration for your legal spouse without allocating him with part of the property. A risky situation arises when, when trying to sell an apartment, you have to coordinate your actions with the new co-owner. If the registered spouse subsequently refuses to register or demands compensation when selling the shared apartment, such conditions will fully comply with the law.
The solution to the problem will be to issue a temporary registration, when you do not need to coordinate your decision with the other owners. For permanent registration, even accepting the legal spouse of a co-owner as a registered owner means the need to coordinate actions with the others.
After registration, all that remains is to discuss the terms of payment for housing and communal services, since after the tenant registers, the amounts in the receipt will increase.
Is the husband's consent necessary if the property is registered in joint law?
When making purchase and sale transactions in a legal marriage, one of the parties is listed as the owner of the property, but the spouse has the right to count on half of the property, since it was acquired during a legal marriage. The very fact of registration of real estate in the name of a spouse during marriage predetermines the right to register in it with equal rights as a co-owner. If problems arise with registration, or the spouse refuses to register the marriage partner, the right is confirmed in court.
In other situations, when a wife or husband moves and registers in real estate registered before marriage, the consent of all co-owners is presented to the registration authorities. have reached the age of majority.
Is the consent of everyone registered for registration required?
Already during the registration process, confirmation will be required that the owner agrees to register a new tenant - he is personally present when submitting documents , signs the application and provides documents indicating his rights as the owner of the property.
- a registered person has the right to register close relatives, including children, wives and parents, on the territory of the living space, without notification or permission from the owner of the apartment;
- a registered person can use housing and live there according to the right of permanent residence;
- permanent registration allows you to pay for housing and communal services, as well as other payments necessary to maintain the apartment in good condition;
- the registered person may or may not allow other persons, with the exception of close relatives of the owner, to be registered in the premises.
Should the owner give his consent to registration in his apartment?
PS The owner has a subjective right of ownership of the property, so he can give consent to the residence of anyone he wants. After such consent, the question of whether “anyone” who has received the subjective right to use the apartment will apply for registration (in order to fulfill the obligation assigned to him by law) does not concern the owner.
I study full-time in Moscow. I am registered at the place of residence in the hostel. Kresna and his aunt have property in Moscow. in shares. The aunt is registered at her place of residence in this apartment. The house is Khrushchev. To be demolished. But it is not yet known when. Kresna is not registered in Moscow. But she is ready to enter into an agreement with me for free use with the right to register at the place of residence. (I need such registration to receive a survivor's pension equal to the city social standard) Questions:
Is it possible to register
“At the same time, within the meaning of part two of this article, the submission by a citizen of the relevant documents gives the registration authority not the right, but the obligation to register the citizen in the residential premises that he has chosen as his place of residence. The introduction of additional requirements for the presentation of any other documents could actually lead to the paralysis of the corresponding rights of citizens.”
To paraphrase the classic, we can say that issues of shared ownership are the most difficult issues in the world. Especially when it comes to disposing of shares, in particular, to having permanent registration (aka registration) on a “piece” of an apartment or house area. Today we’ll talk about how to register on a share and who has the right to prevent this.
For temporary registration, is the consent of all registered persons required?
Consent for registration at the place of residence is submitted together with the application of the person wishing to move in and other documents. If a FMS employee demands that all owners be present when submitting papers, but some of them cannot, then the absentee must notarize a power of attorney for the one who can be there.
You will need to contact a government agency, and you can choose the one that is most convenient for you. You can apply to the Main Department of Migration, the Multifunctional Center or housing institutions. I can note that it is worth immediately preparing a complete list of documents. Because applications without official papers are not accepted.
Is the consent of all relatives registered for registration required?
- live at the place of registration;
- get on the waiting list at a preschool and send your child to kindergarten;
- choose a school near your place of residence;
- arrange benefits and benefits;
- receive medical care in a hospital or clinic at your place of residence;
- confirm your place of residence when applying for employment;
- receive official documentation (medical policy, TIN, etc.).
- If a person has a share in an apartment or other residential premises (house, room, etc.), then to register him in this apartment there is no need to seek the consent of other owners. This follows from Part 1 of Art. 30 of the Housing Code of the Russian Federation: And also from the third paragraph of Article 6 of the Law of the Russian Federation of June 25, 1993 N 5242-1 quot; On the right of citizens of the Russian Federation to freedom of movement, choice of place of stay and residence within the Russian Federationquot;: But for registration of family members who do not have ownership rights in this apartment, it is necessary to seek the consent of all owners.
Legal registration rules
A citizen, upon arriving at a new place of residence, is obliged to contact the passport office within 7 days to obtain registration. You can register by first checking out from your previous place of residence, or by doing this procedure simultaneously with your registration.
Registration can be temporary or permanent. Temporary residence is issued only when a person plans to live in the new premises for more than 90 days. If registration is not completed on time, then penalties may be applied to the citizen, according to Art. 19.15.1 Code of Administrative Offenses of the Russian Federation.
An exception is when a citizen lives without registration, but has permanent registration at another address in the same subject. If the owner of the property has relatives living with him without formal registration, they are also not subject to penalties.
Documents provided for registration:
- identification document. It must not be out of date and contain corrections and errors and must be provided in the original;
- application for registration - filled out on a special form;
- documents giving the right to registration in housing: rental agreement, purchase and sale, property;
- upon registration - a departure slip;
- for children under 14 years of age - birth certificate;
- for registration in a private house - a house register;
- marriage or divorce certificate;
- if a child needs registration at the residence address of the father or mother, then the consent of the other parent is required;
- if the living space has other co-owners, their written permission is required.
A GUVM employee checks documents. If there are no comments, then the issue of registration is resolved within three days. An appropriate mark is placed in the passport and the document is returned to the owner.
The owner of the property and the applicant for registration are involved in registration. If one of the parties cannot attend, then a representative with a notarized power of attorney can participate instead. The registration process does not require any monetary costs.
In comparison with previous regulations that have been in force since 2007, the new regulations of the migration service quite accurately prescribe all the issues relating to the registration of temporary registration for Russian citizens. In particular, the new regulations contain deadlines (ranging from three to eight days), as well as the time during which a citizen can expect to receive the required registration certificate.
In particular, it is worth noting the following time periods:
- It takes 15 minutes to wait for an appointment if you have an appointment;
- no more than 10 minutes should be spent on receiving previously completed documentation;
- a person must wait in line for a maximum of 30 minutes in order to submit the collected package of documents.
A distinctive feature of the new regulations is that authorized persons working in registration authorities do not have any grounds for refusing to provide an applicant with a certificate of temporary registration.
In accordance with current legislation, temporary registration is required for those citizens who are in the territory of another locality for more than 90 days. The document itself is provided for the period that was previously discussed with the lessor, but in any case it cannot exceed 5 years.
We invite you to familiarize yourself with the sick leave form, rules for filling it out
In addition, it is worth noting the fact that the place of residence and
permanent registration
may vary. Even if the apartment is rented in the same locality in which the person is registered, he will need to worry about drawing up this document at the address of his actual stay.
