Is it necessary to register in an apartment - 3992 tips from lawyers and lawyers

Types of registration at place of residence

The legislation of our country distinguishes two main types of registration. There is a distinction between registration at the place of stay and at the place of residence. That is, one registration is given on a temporary basis, and the other on a permanent basis.
The main difference between temporary registration is that the place of such stay can be not only a house or apartment, but also a hotel, boarding house, tourist center, hospital, and so on. At the same time, the period of stay of a citizen in this territory should be no more than 90 days from the moment he arrived at this place. This is evidenced by the Rules approved by Government Decree No. 713 of July 17, 1995.

Registration at the place of residence is a completely different matter. This means that you must legally register your permanent presence in a specific territory. You are given 7 working days for this after your registration at your previous place of residence has been revoked.

At the same time, one does not exclude the other, which means that a citizen can simultaneously have permanent registration and temporary registration if he had to leave for a period of no more than 90 days.

What is the price

When you contact the Department of Internal Affairs of the Ministry of Internal Affairs of the Russian Federation, regardless of whether you are checking out, registering, or want to perform these procedures at the same time, you do not need to pay a state fee. If the registrar requires the payment of any amount of money, this may be a reason to contact the prosecutor's office.

If you had to go to court to recognize the legality of the eviction or eviction, you will have to pay a mandatory tax fee. In 2020, it is 300 rubles for individuals, and 6,000 rubles for legal entities.

You can read more about contacting the justice authorities in connection with disputes about the right to use residential premises (extract and registration) in this article on our website.

Be sure to read it! I paid alimony unofficially on a card: how to prove this to the bailiffs?

Is it possible to do this in your own living space?

If you intend to live in your own apartment, moreover, you do not intend to make transactions with it in the near future or otherwise transfer ownership to others, then it is necessary to register. First of all, this is necessary so that you can take advantage of the various opportunities and rights that the state gives to persons who have legal registration.

Is it necessary and mandatory to register in a new apartment?

However, you should not think that if you purchased real estate on the right of ownership, then someone must be registered in it. The legislator assumes that citizens can purchase real estate without indicating in any way their location on the given living space. That is, you can be the owner of a home, but at the same time not register in it.

But you will still have to pay utilities, as well as other taxes for the use of housing, but in accordance with the general established tariffs. We talked about how much utilities are charged per person and how the rent depends on the number of registered residents in our material.

What does it affect?

The fact of registration in the apartment once again establishes the rule that the owner has the right to own, use and dispose of real estate. This fact does not add anything new to the rights of the owner.

However, in some cases registration may affect subsidies . This means that the owner of the property, who was registered in it, has the full right to receive subsidies, which are sent to pay off debts for utilities if the total income of the owner’s family does not allow paying such amounts.
Also, the presence of registration affects the pension . Failure to register at the place of residence of a pensioner may become the basis for a lack of regional allowances.
The permanent registration of the owner in his home affects taxes . Various tax deductions will now be sent to the specified address, for which you agree to pay.

What gives ?

Registration in an apartment gives individuals enormous opportunities to use various services provided by the state (you can find out what rights registration in an apartment gives you here).

You get the opportunity to process the most important documents at the nearest government agencies. Such documents include SNILS, individual entrepreneur, tax identification number, international passport, driver’s license, and so on.
You get the opportunity to place your child on a waiting list for kindergarten.
As for children, you can easily take your child to the school closest to your place of registration.
You will be able to use various medical services that are provided in a public medical institution.
A pleasant bonus is the fact that employers are more willing to trust those individuals who have permanent registration.

Who needs temporary registration and why?

Authorized recording of temporary registration is necessary so that government agencies can track a person’s movement and maintain statistical records.

Interesting article: Obtaining rights under temporary registration

For a person, temporary registration is necessary in order to:

get an official job (especially if these are financial or government institutions);
visit the nearest public clinic;
enroll your child in kindergarten or school;
get a loan or mortgage;
quickly prepare documents with authorized bodies;
obtain a foreign passport or pension certificate;
receive social support measures.

How to register in your apartment and how long does the procedure take?

Your instructions must contain the following points:

The general registration algorithm, which is intended for the owner, is incredibly simple.

The owner must fill out an application in order to deregister at his previous place of residence. There is a set deadline for this.
After deregistration has occurred, an application is drawn up in Form No. 6.
A package of documents is being generated.
The documents, together with the application, are submitted to the passport office or the Federal Migration Service.
If we are talking about those liable for military service, then they must register with the new military registration and enlistment office immediately after submitting documents.
An employee of the receiving authority reviews the documents and application and accepts the papers.
A certificate is issued indicating that your passport is in this institution.
After the specified time, you must appear at this authority and pick up your passport, which will contain a mark of permanent registration. This completes the procedure.

Questions may arise when registering. Therefore, we recommend that you familiarize yourself with our materials:

Features and procedure for registering a person in a privatized apartment.
How and where can I find out whether it is possible to register a person in a non-privatized apartment without the consent of the residents?
How to obtain permanent registration without the right to housing?
Everything about how to register in an apartment without the presence of the owner, and whether this can be done without his consent.
How many people can be registered in an apartment and what are the consequences of registering several residents?
What consequences await the owner if he registers a person in the apartment?
How and how many people can be registered in a communal room?

Where do you register?

The state has authorized only two bodies that register at the place of residence. And these are passport offices, which are located in your management organization in the form of a management company, HOA, housing cooperative and so on.

If you do not trust such authorities, or simply lack them, you can also contact the Office of the Federal Migration Service . Is it possible to register a person if he cannot appear at the Federal Migration Service, read here.

What documents are required?

Generating a package of documents will not be difficult. The main thing is that all papers are provided, and you do not forget to make copies of them.

Since you are the owner of the property, there is no need to obtain consent from other owners (you can find out what is needed to register in the owner’s apartment and whether it is necessary to obtain permission from other residents here). An exception may be cases when we are talking about shared ownership.

Passport.
Certificate of ownership.
Technical documentation.
Consent of other owners, if any.
Power of attorney if the owner has a legal representative.
Men provide a military ID.
Application on form No. 6.
If available, attach the departure sheet.

Where to go to submit documents?

Documents are submitted to the above-mentioned FMS body, or the passport office. This is where documents are checked for compliance.

If the application in Form No. 6 was drawn up incorrectly, it is the employees of this body who offer you to redo this document.

Deadlines for the registration process

The legislator allocates 3 to 7 working days for the procedure for considering the appeal. As a rule, the amount of time that employees need depends on the workload of a given body.

How much does it cost for the owner?

Carrying out the registration procedure at the place of residence does not involve paying a state fee. You may incur financial costs only if you use the help of third parties and third-party organizations.

Also, you can pay a notary for drawing up a power of attorney for a third party.

What documents are issued after registration?

After registration, the owner is returned his passport, which contains a mark in the stamp form indicating that permanent registration was received at the established address.

Photo of the permanent registration stamp in the passport:

Features and nuances of discharge

If you have checked out of one apartment, but have not yet checked into another, then you should hurry up. The legislator gives exactly 7 days to carry out the re-registration, but usually this process takes less time, often 2-3 days are enough.

Otherwise, in accordance with administrative legislation, you will be charged a fine of 3,000 rubles.

Read about how to check out of an apartment and register in another one here.

What a responsibility

As a general rule, it is prohibited to fry meat and cook other food over fire in the courtyards of apartment buildings. But this is not an absolute prohibition; much depends on the specific life situation.

The law prohibits lighting fires on public lands in populated areas, and therefore in residential areas. Moreover, barbecues are not allowed closer than 50 meters to high-rise buildings.

If you ignore these prohibitions, then there is a violation of fire safety. For this, a fine of 2 thousand to 3 thousand rubles . (Part 1 of Article 20.4 of the Code of Administrative Offenses of the Russian Federation).

And if the violator’s negligence leads to dire consequences, the liability is correspondingly more severe:

Damage to property worth up to RUB 250,000 . Let's say the flame spreads to a nearby car, which is partially burned. Then the fine will be in the range from 4 thousand to 5 thousand rubles. (Part 6 of Article 20.4 of the Code of Administrative Offenses of the Russian Federation). Plus a civil claim from the owner of the vehicle for damages (cost of restoration of the car).

Damage to property more than RUB 250,000. For example, a spark will ignite a car worth 500 thousand rubles. and will burn to the ground. In this case, criminal penalties under Art. 168 of the Criminal Code of the Russian Federation - imprisonment for up to 1 year .

Harm to health or death of a person . When grievous harm or death occurs due to inept handling of fire, the culprit will be charged under articles of the criminal law, respectively, either 118 or 109. The punishment for them is serious, including arrest for up to six months (for grievous harm), or imprisonment for up to 2 years (for death).

Related disorders

In addition to a fine for frying barbecue in the courtyard of an apartment building in 2019, the following sanctions are possible:

If there is uncollected garbage left after a barbecue, this is punishable by a fine of 1,000 to 2,000 rubles. (Article 8.1 of the Code of Administrative Offenses of the Russian Federation);
when the participants of the feast drink alcohol or are drunk, it is allowed to be attracted under Art. 20.20 of the Code of Administrative Offenses of the Russian Federation in the form of a monetary sanction from 500 to 1500 rubles.

Conditions for the studio

Buying studio apartments has become a fashionable trend. They are incredibly comfortable and suitable for young, dynamic people. But for some reason there is an opinion that it is very difficult or even impossible to live in such a studio apartment.

The main feature of such real estate lies in its layout. Very often the space is divided by walls, which visually narrow the property. The absence of walls and a smooth transition from one zone to another helps people feel a sense of freedom. Also, studio apartments are easy to redevelop, so you can change the design of your home whenever you need it.

A studio apartment is classified as a residential property, which means that the registration procedure for such real estate will not be a problem for you. The same standard set of documents will be required.

The only thing worth paying attention to is the accounting norm for quadrature. Very often apartments become studios as a result of the fact that they have limited living space, and people at least visually want to expand the space.

However, if you comply with regional accounting standards, you will not have problems.

Nuances of design in a new building

When purchasing property in a new building, future owners hope that they are getting a fresh, neat property. In fact, owners will face long repairs, as well as other problems that often accompany putting a house into operation.

The issue of registration in a new building also has a number of nuances.

First of all, it is worth noting that in order to obtain the right to use the property, as well as registration in it, you must wait until the house is officially commissioned.
Once it is officially permitted to begin renovation work on the property, you need to register ownership. To do this, you can contact the developers directly or the persons from whom you are purchasing real estate.
Only after you have received all the necessary documents that prove the fact that you are the rightful owner of the property can you proceed to registration. Registration is carried out with your management organization, if there is one. But very often, residents of a new building cannot decide for a long time on the management method. Therefore, we recommend that you contact the Federal Migration Service immediately.

Read about whether you can register in a mortgaged apartment in our material.

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