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How to register a stranger in an apartment. How to temporarily register a person in your apartment? Where to go for help

The right of ownership in the Russian Federation is maximally protected by law, but when registering temporarily at the place of residence, the owner of the property bears certain risks. We will try in this article to consider why temporary registration is dangerous for the owner, whether the rent depends on the number of registered people and how to avoid controversial situations.

Ownership rights to an apartment, as individual property rights, are protected by law in Section II of the Housing Code of the Russian Federation, as well as the Civil Code of the Russian Federation.

The legal status of citizens who are registered at the place of stay is determined by the current version of the Government of the Russian Federation Resolution No. 713 of July 17, 1995 “On approval of the Rules for registration and deregistration of citizens of the Russian Federation at the place of stay and at the place of residence within the Russian Federation.”

Rights of a temporarily registered tenant and their consequences

The rights acquired by a temporarily registered citizen are similar to the rights of residents with permanent residence registration:

a temporary tenant acquires the right to stay and live in the apartment;
This registration form allows you to register your minor children at your temporary address without obtaining the consent of the owner and other interested parties.

It is difficult to say unambiguously whether the temporary registration of a child has negative consequences for the owner of the premises. The consequences of temporary registration for the owner in this case are determined by the articles of the Housing Code of the Russian Federation, which exempt the parent from obtaining the consent of the owners and tenants of housing for the registration of a minor child:

there is the possibility of a situation in which a citizen has the right to register a minor child with him for a period exceeding the period of his registration - this circumstance arises due to the inattention of FMS employees and the absence of regulations clearly regulating the period of registration of the child. N What is the deadline for temporary registration?, we tell. The result will be the following problem: the parent, after the expiration of his registration, has the right to be forced through the court to register again at the address of his child;
temporary registration of a minor child, the consequences of which may be similar to the situation described above, will be appealed through the court and, if sufficient evidence is provided, canceled by a court decision, i.e. in special cases .

To avoid this situation, when moving in, it is necessary to obtain information about the presence of children of the registered citizen. At birth, adoption, or registration of guardianship of a minor child, it is advisable that the owner be personally present at the FMS office when submitting the application for registration, sign it personally and control the dates that end the period of temporary registration for the parents and the child.

Some facts

Fraudsters can take advantage of the changes included in the rules for registering citizens at their place of residence. For example, having found out the passport details of the home owner, you can register at least 10 people via the Internet through the website gosuslugi.ru.

Obligations arising from the owner when providing his apartment

When providing his property for residence to citizens, the owner is obliged to ensure that they have registration at the place of stay. H Temporary registration differs from permanent registration, you can find out in our article -

An important condition for such a legal fact is the consent of the owner. “Propiska” in its meaning is an outdated term from Soviet housing law. The Russian legal system uses a more modern term – “permanent (temporary) registration”.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

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As a way out of the situation, you can conclude a commercial lease agreement indicating the specific period of residence of the tenant.

It is also advisable to limit ourselves to temporary registration, after which the registered person loses the right to reside in the apartment.

Registration procedure

The owner of the apartment must appear at the territorial or district office of the Federal Migration Service of the Russian Federation together with a registered person.

Permanent registration is carried out free of charge and does not require payment of state fees.

In practice, specialists may offer to fill out the form for money. The legality of such a service seems highly questionable.

Statement

The structure of such a document was approved in Order No. 288 of the Federal Migration Service of the Russian Federation dated September 11, 2012.

The application (form No. 6) must contain:

the name of the body to which the apartment owner applies, together with the person to be registered;
information about the place of arrival of the citizen;
information about the property;
signatures of the applicant and the owner of the apartment.

At the end of the document, the content of the decision on registration is indicated and the signature of the official is affixed.

Required documents

For permanent registration of citizens in a privatized apartment, you will need to provide:

Passport of the owner and persons who will be registered in the apartment.
Title documents for housing.
Departure sheet - if a citizen is discharged from another living space.
Consent of all owners to registration.
Notarized powers of attorney – if the owner is unable to obtain registration independently.

It is possible to apply for registration through the government services portal (www.gosuslugi.ru). Registration registration will take from 3 to 7 days.

FAQ

Citizens are interested in the terms of permanent registration and the possibility of registering their minor children in someone else’s living space. The problem of registering foreign citizens in privatized housing is an urgent problem.

Can I write it out?

Is it possible for the owner of a privatized apartment to discharge a tenant at any time?

Such a citizen, if he does not agree to do this voluntarily, will have to be discharged exclusively through a judicial procedure.

use temporary registration capabilities;
enter into an agreement for the free use of residential premises for a specific period.

Common-law husband

For registration at a new place of residence, as well as about how things are going with, and what are the conditions for registering strangers in it.

Possibilities

Is it possible to register a person in an apartment? The answer to the question depends on what type of property there is a speech.

How to register a stranger? If this is privatized real estate, then the owner has the right to register anyone: a relative or a stranger, even a tenant.

In count such persons too no restrictions.

How to register a non-relative in an apartment if it is not privatized? When it comes to this, the employer will have to seek approval from the landlord.

Carry out the procedure without his consent impossible. The employer himself and everyone who is already registered in the residential premises must also agree to this.

When registering strangers for municipal housing, the living space standards per resident are taken into account. If there are not enough of them, then register to a stranger there it is forbidden.

The exception is children up to 18 years old. If one of the parents is already registered in the housing, regardless of the form of ownership and the presence of a family connection with the owner (tenant), the child will be registered without the consent of these persons.

You can find out how many people can be registered in one apartment from ours. Read also about how the number of registered ones will affect.

The legislative framework

What laws? worth leaning on:

You can find out how to register for , in , in (garden partnership), in , in , as well as whether you can register in our articles.

Registration of a person in an apartment what the threat is?

Risks and consequences

If you register a person in an apartment, what consequences can be? Which risks when registering a stranger? The owner bears certain risks when he registers a stranger in the residential premises.

Among the risks and negative consequences stand out:

the impossibility of discharging a stranger without a trial if he is against it;
the emergence of the right to use living space and live in it;
the ability for a stranger to register a child in the apartment, since no one’s consent is required.

As a result, by registering a stranger, you can get unwanted tenant and litigation.

Registration of someone else's person does not give him the right to claim property, since it does not give anyone the right of owner.

In addition, if there are many people registered in the living space, they are not relatives of the owner and do not actually live there, it is possible criminal liability for providing fictitious registration.

You can find out about the difference in concepts, as well as about that, on our website.

Registration procedure

How can you register a person in an apartment? The process of obtaining registration raises many questions. The speed of obtaining results directly depends on the correct sequence of actions, and on the correct presentation of documents - probability of being rejected in design.

Where to start, where to turn?

The start of registration depends on the type of property in which the person is registering.

If this privatized real estate, then to begin with, the consent of the owner is sufficient, since it is he who decides who to register and who not.

If there are several, then everyone must give approval.

It will be impossible to register anyone without the consent of at least one of the owners. If we are talking about municipal living space, then you need to start by obtaining the permission of the landlord, tenant and other persons specified in it.

Where to register a person in an apartment? There is a branch in almost any locality or regional center Main Directorate for Migration Issues of the Ministry of Internal Affairs of Russia.

It is this organ called upon to resolve all issues related to migration, registration, its issuance or withdrawal.

You can go there directly to register. This is the fastest way to get results.

Where else can I go? There are other places you can go to regarding this issue. They are designed to speed up the procedure by unloading the Main Department of Internal Affairs of the Ministry of Internal Affairs of the Russian Federation.

So, submit a package of papers and an application To register a friend in an apartment or any other individual, you can:

to the Multifunctional Center;
to the passport office;
through the State Services portal on the Internet. To implement this method, you must have a password and login. In addition, it will help you submit documents without a queue, but the original documents will still need to be submitted to one of the alternative places.

List of required documents

What is needed to register a person in an apartment? The standard set of papers depends more on the type of property than on whether a stranger is registered, the owner (tenant) or his relatives. IN mandatory set of submitted papers includes:

Timing and cost

Waiting for the result is three days, if the documents were submitted to the Main Directorate for Migration Issues of the Ministry of Internal Affairs of the Russian Federation. If the choice fell on another place of appeal, then the waiting period will be be about 5-7 days.

If the workload of the registration authorities is light, it is possible to obtain results faster. How much does it cost to register a person in an apartment?

In Russia, obtaining a residence permit for citizens is completely free. This the procedure is not subject to state duty and other obligatory payments.

Expenses can only arise additionally, for example, when paying for MFC services or representative services.

Result

What documents are ultimately issued? Registration is confirmed stamp in the passport applicant. If he requires certificates of its availability, then he should notify the registration authority about this in the form of a separate application. If he has registered, then he is issued a certificate of registration in the established form.

Possible problems

Despite the fact that the procedure for obtaining registration is not particularly difficult, problems may arise.

For example, view incomplete package of papers or documents that do not comply with the standards entails refusal to accept them.

In this case, after correcting the shortcomings, you can apply for registration again.

Thus, You can register a stranger both in privatized and municipal apartments.

However, the process is slightly different as it requires consent of certain persons. The procedure itself does not differ from the standard one and does not require much time.

According to current legislation, any person who resides on the territory of our state must be registered. This is necessary in order not only to track the movement of persons across the territory, but also subsequent employment, registration of children in special institutions, and medical care.

According to them, the right of ownership of residential premises may belong to:

persons, in the form of private property, when an apartment or house is privatized, or purchased from a former owner, or built independently;
to the state, if the housing is departmental and was built for persons undergoing the relevant service, as official residential premises;
municipal authorities when the residential premises are not privatized in accordance with the procedure established by law.

Decrees of the Government of the Russian Federation talk about the procedure and rules for permanent registration, and also indicate what documents are needed for this.

The Law on the Stay of Foreign Citizens states that residents of some countries of the post-Soviet space can stay on the territory of the Russian Federation without registration for no more than 90 days, and in other countries for no more than 7 days.

And lastly, this is the procedure for registering children in preschool institutions and medical insurance, enshrined in departmental regulations, which require at least temporary registration of a person to provide such services.

It is important to know that, despite the fact that the Constitution of the Russian Federation speaks of the free movement of persons throughout the country, they must still be registered.

Temporary registration of a stranger

After registration of any person, the latter only has the right of residence, which does not give him the opportunity to become the owner of the property.

There are situations in which some people rent out their housing, or they have been approached for help by relatives, acquaintances and friends who need any kind of registration in a given locality.

The way out of this situation is simple, you need to collect the necessary documents and go to the regional department of the migration service, where you can complete the necessary registration.

But before you do this, you need to have information about what documentation you will need so as not to receive a justified refusal. It should be recalled that there are three types of property: private, state and municipal, based on this, the list of documents for registration will be slightly different.

It is important to know that if the apartment was given as a service apartment, then it will be practically impossible to register a stranger in it, with the exception of your children or other close relatives.

The process of registration in a privatized or privately owned apartment

How to register someone in your apartment? Photo No. 2

Persons who have private property rights to residential premises, by and large, have the full right to dispose of it at their own discretion, including registering any persons.

Let's consider a situation in which registration will take place without submitting to, for this you will need the following documents:

passports of the owner of the property, as well as the person who will be registered;
documents confirming ownership of real estate;
a statement in which the citizen is not against registering a stranger or his relatives in his apartment;
an extract from the house register about the number of registered persons in the apartment or house.

After this, the person being registered and the owner, with the collected certificates, come to the district FMS, they are given special forms, they fill them out, and after a while they receive a temporary or refusal coupon.

If the residential premises are rented out, and the tenant and his family members will be temporarily registered there, then to the above list of documents, it will be necessary to add a notarized copy of the rental agreement, which will clearly indicate the points on the basis of which tenants have the right to temporary registration.

It is important to understand that the passport office has the right to refuse temporary registration, but their actions can be challenged in court.

Registration for a privatized apartment with several owners

What to do if the apartment has several owners? Photo No. 3

There are situations in which a residential property has several owners (shared owners). This form of ownership can be formalized as shared ownership (when each person is allocated a share in kind), or common (when it is indicated that everyone owns a certain part, without allocating them).

Despite this difference, registration in a privatized apartment or house will not be any different from registration in a privatized apartment.

But several documents must be added to the above list. In practice, these are written consents of all owners, certified by a notary. The rest of the paperwork remains the same as for registration in a privatized apartment.

It is important to know that if registration is carried out without such permission, it will be canceled upon the first application to the passport office of the co-owner.

The process of registration in a municipal apartment

Municipal housing has its own status because it formally belongs to the municipality. Such residential premises are also called non-privatized. Based on this, the persons who live in them do so on the basis of a rental agreement, that is, they have the full right to use, but cannot dispose of.

Based on this, to register for a municipal apartment, the process will be as follows:

first you need to select written statements, with copies of passports, from all persons registered in the housing, which will indicate that they do not object to such actions;
after this, the main tenant, with whom the social tenancy agreement has been concluded, takes an extract from the house register, a copy of such an agreement and goes to the authorized municipal body, from which he receives a written document that the officials do not object to the registration of one more person;
then, having taken written permission from all those registered, the municipality, an extract from the house register, their passport, the person who is going to be registered with a passport or other identity document, they come to the district migration service department;
After checking everyone, the employer and the person being registered are given special forms, which they fill out, and the passport office makes a decision to register or refuse registration.

It is important to know that representatives of the housing office give consent to registration in a municipal apartment; they are the authorized bodies of the municipality.

Expert lawyer's opinion

Before registering another person in an apartment occupied under a rental agreement, you need to clarify what the standard is for providing living space to those in need. Such standards are adopted in each region and published on official websites.

You also need to know the area of your apartment. If a sufficient number of people are already registered in the apartment, then municipality representatives may refuse to register the extra person, since the registration norm per resident will be violated.

This rule does not apply to minor children; they must be registered with their parents.

Also, the accounting norm per person is not taken into account during temporary registration.

Risks associated with registration and what liability comes with it

Should permanent registration be issued for a stranger? Photo No. 4

When registering for temporary registration, there is no risk of loss of property, since such persons only have the right to reside, and upon completion of registration they lose it.

If a person is permanently registered in a privatized property, or one that is privately owned, there are also no risks, since the housing already has owners.

The only risk of losing part of the property appears in cases where an outsider is permanently registered in a municipal apartment. He will then have the right to participate in privatization, like all other family members.

Responsibility in such legal relations arises administratively and is calculated in fines.

Owners and tenants of residential premises for the fact that citizens live in them without registration, and the rest for the fact that they live without registration.

The process of registering citizens in an apartment is not very difficult; the main thing is to collect the necessary list of documents.

You can learn more about how to register in an apartment by watching the video:

Registration is required for any law-abiding citizen. But the registration procedure is carried out strictly in accordance with approved standards.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

It's fast and FOR FREE!

What are the rules for registration in the owner’s apartment in 2019? In modern society, it is almost impossible to do without registration. They ask about its availability when applying for a job.

Without registration, it is difficult to place a child in kindergarten or school. Most government services are provided on a territorial basis based on registration. How to register in the owner’s apartment in 2019?

General points

How long can a Russian citizen live without registration? According to the law, every citizen must have a registration.

If you are discharged from your permanent place of residence, you must register at a new address within seven days. But sometimes a person can move temporarily.

In this case, you can do without registering at your place of residence for ninety days. Then you need to contact the Federal Migration Service to obtain registration at your place of residence.

Failure to register is punishable by penalties. Moreover, the punishment is provided not only for the unregistered tenant, but also for the owner who provided the living space for living.

In particular, the following penalties apply:

Persons who do not have registration are fined in the amount of two to three thousand rubles	When such an offense is committed in large cities (Moscow, St. Petersburg), the fine increases to three to five thousand rubles
Owners who allowed persons without registration to live in their living space	Punishable by a fine of three to five thousand rubles. For Moscow and St. Petersburg, a fine of five to seven thousand rubles is provided
If the owner of housing where people without registration live	If it is a legal entity, it will be fined fifty to seventy thousand rubles. For cities of federal significance, this fine is equal to thirty to eighty thousand rubles

Basic terms

When considering the institution of registration, it is important to understand the difference between permanent and temporary registration.

The owner can independently choose which option is most suitable for him in a particular case. Permanent registration is issued for an indefinite period.

Its confirmation is a stamp in the passport. It can only be canceled voluntarily at the request of the registered person or in court.

Temporary registration is valid for a strictly defined period. Upon expiration, its effect terminates automatically.

A special certificate confirms the presence of temporary registration. It is worth mentioning that the term “registration” as such is not used in the legislation.

Registration has sunk into oblivion along with the USSR. Russian legislation uses the concept of “registration”.

Permanent registration is registration at the place of residence, and temporary registration is registration at the place of stay.

For what purpose are they registered?

Registration at the place of residence gives the registered person certain rights, namely what registration gives is:

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;
receive official documentation (medical policy, TIN, etc.).

Lack of registration makes life in society difficult. In addition, this is a violation of registration rules and is punishable by a fine.

But it should also be noted that having a residence permit does not give any right to living space, other than the possibility of residence.

You can dispose of housing only if you have ownership rights. Therefore, in most cases it depends on the owner whether he gives his consent to registration or not.

Normative base

The main legal act regulating the procedure for registering citizens is.

This standard includes quite a few sections that provide for all possible nuances regarding the registration and validity of registration.

The action plan is as follows:

Go to the State Services portal.
Select the contact option (electronic).
Fill out the application form and submit.

The user’s personal account will receive a notification indicating the time when they need to contact the selected department of the Main Department of Migration Affairs of the Ministry of Internal Affairs. When applying, all necessary documents are presented.

What could this mean for the owner?

The risks associated with registration are often exaggerated. The main fear is that owners are afraid of losing their apartment or part of it.

You should know that the presence of registration is in no way related to ownership. Even permanent registration does not allow you to dispose of it.

As for the existing risks, they are as follows:

Otherwise, the registration of even strangers does not threaten the owner with anything terrible. A registered tenant is only given the right to live in the owner’s apartment according to registration.

If the latter still has doubts, then he may well issue temporary registration to the residents. It will end automatically after the validity period expires.

Emerging nuances

You can register in an apartment by court decision. Basically, this need arises when one of the owners does not give his consent to registration.

The homeowner has the right to dispose of his living space, but sometimes this requires obtaining the consent of the co-owners. In the absence of this, an appeal to the court is required.

The following is submitted to the judicial authorities:

indicating the reason for the appeal;
notification of filing a claim to other owners who do not give permission for registration;
passports of the applicant and the registered person;
an extract on the removal of the registered subject from the previous place of registration;
legal documents for the apartment;
about payment .

If the requirement is satisfied by the court, then the registered citizen, together with the plaintiff owner, can apply to the authorized body to register in an apartment with several owners.

Instead of the consent of the co-owners, a court order is presented.

How to register without the presence of the owner

As already mentioned, the tenant of the apartment has the right to register without the presence of the owner. At the same time, he is by no means obliged to notify his landlord about his registration.

The owner can find out about registration only by payment receipts, where the number of registered residents will change.

But in addition, the owner is sent a notification about the registration of a new tenant in his apartment.

If there is no registration on the websites of government agencies, then in the absence of an email address, the notification is sent to a postal address. Although in this case the notification will be received.

Another situation where the owner’s consent is not required is the registration of minor children. By law, children under fourteen years of age must live with their parents.

Therefore, if the parents or one of them has a registration in the apartment, then he has the right to register his child.

You need to contact the registration authority, submit an application and confirm your registration. But registration can be obtained with the consent of the owner, but without his presence.

To do this, you will need to obtain a proper power of attorney. What rights does a power of attorney from the owner give?

How to act by proxy

The legislation does not directly indicate that registration can be issued by power of attorney. There is also no prohibition on such actions.

Therefore, if another option is not possible, then you should first contact the FMS office or another authorized body and ask for an opinion on this matter.

If the registering authority agrees to register according to , then you can begin to obtain the relevant document.

The power of attorney must be certified by a notary. It must clearly state the applicant's credentials.

Video: registration and check-out for housing transactions

Not the vague “they allow me to act on my behalf,” but the clear “I allow such and such a person to register at the place of residence, in particular in an apartment that belongs to me by right of ownership.”

The applicant’s powers also include consent to:

writing a statement on behalf of the owner;
submission of documents for an apartment;
other important actions.

If, nevertheless, the employees of the registering authority do not want to register by proxy, then the owner can draw up a notarized consent for registration and an application in the proper form, also having it certified by a notary.

Is it possible for the owner to register his wife without her presence?

The legislation strictly defines that a citizen cannot be registered or deregistered in his absence.

This rule also applies to cases where the person prescribed is physically unable to appear at the registration authorities due to illness or other compelling circumstances.

If the owner wants to register his wife without her presence, he needs to obtain from her a notarized power of attorney to represent her interests.

But as already mentioned, even such a document does not guarantee registration.

Therefore, it is best to obtain from your spouse notarized consent for registration and a notarized application for registration.

An important nuance is the consent of other owners, if any. If a child can be registered without the permission of the co-owners, then in the case of registering a wife, consent is required.

In this case, registration will only give the spouse the right of residence. If the apartment was not purchased during the marriage, then the non-spouse has no right to it in the event of a divorce.

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