For registration at a new place of residence, as well as how things are with, and what is the registration of strangers in it.
Is it possible to register a person in an apartment? The answer to the question depends on which type of ownership is being discussed.
How to register a stranger? If this is privatized real estate, then the owner is entitled 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, then the tenant will have to seek approval from the landlord.
To carry out the procedure without his consent impossible. Also, the tenant himself and everyone who is already registered in the residential premises must agree to this.
When registering outsiders in municipal housing, the norms of living space per resident are taken into account. If they are not enough, then register 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 relationship 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 prescribed will affect.
What laws worth leaning:
You can find out how to register on, in, in (garden partnership), in, in, and also whether it is possible to register, you can find out from our articles.
Registration of a person in the apartment what threatens?
If you register a person in an apartment, which effects can be? What kind risks when registering a stranger? The owner bears certain risks when registering a stranger in the living quarters.
Among the risks and negative consequences stand out:
As a result, by registering a stranger, you can get unwanted tenant and litigation.
Registration of another person does not give him the right to claim property, since it does not endow anyone with the right of ownership.
In addition, if there are many 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 a fictitious registration.
You can find out about the difference in concepts, as well as about that, on our website.
How can you register a person in an apartment? There are many questions about the registration process. The speed of obtaining the result directly depends on the correct sequence of actions, and on the correct presentation of documents - probability of being rejected in decoration.
The start of registration depends on the type of property in which the person is registered.
If this privatized real estate, then for starters, the consent of the owner is sufficient, since it is he who decides who to prescribe and who not.
If there are several, then everyone must give approval.
Without the consent of at least one of the owners, it will be impossible to register someone. If it's about municipal housing, then you need to start by obtaining permission from the landlord, tenant and other persons registered in it.
Where to register a person in an apartment? In almost every locality or district center there is a branch Main Directorate for Migration of the Ministry of Internal Affairs of Russia.
It is this organ designed to resolve all issues related to migration, registration, its issuance or withdrawal.
You can go directly there to register. This is the fastest way to get results.
Where else can you apply? There are other places you can go to about this issue. They are designed to speed up the procedure by unloading the Main Directorate 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, can:
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. AT mandatory set of submitted papers includes:
Waiting for the result is three days if the documents were submitted to the Main Directorate for Migration of the Ministry of Internal Affairs of the Russian Federation. If the choice fell on another place of treatment, then the waiting period will be be about 5-7 days.
With a small workload of employees of the registration authorities, more quick receipt result. How much does it cost to register a person in an apartment?
In Russia, obtaining a residence permit by 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.
What documents are issued as a result? Registration is confirmed stamped in the passport the applicant. If he needs certificates of its availability, then it is worth notifying the registration authority in the form of a separate application. If registered, then he is issued a certificate of the established form of registration.
Despite the fact that the procedure for obtaining a residence permit is not particularly difficult, problems can arise.
For example, the presentation incomplete package of papers or documents that do not meet the standards entails a refusal to accept them.
In this case, after correcting the shortcomings, you can re-apply for registration.
In this way, you can register an outsider both in a privatized and in a municipal apartment.
However, the process is slightly different as it requires the consent of certain persons. The procedure itself does not differ from the standard one and does not require a lot of time.
The procedure for permanent registration or registration of citizens is not a complicated process. But there are many situations in which registration is forced to be carried out without the presence of a person who must be registered in a municipal or privatized premises. Registration under these circumstances has a number of features and requires the collection of separate documents and the help of professionals.
In accordance with the law No. 5242-1 of June 25, 1993 "On the right of citizens Russian Federation freedom of movement, choice of place of stay and residence within the Russian Federation” registration or discharge of citizens from the apartment in which they live without their personal application is prohibited. But, as you know, every rule has its exceptions.
There are many situations in which a seriously ill person who is unable to move needs to be prescribed or discharged. Therefore, it is quite logical that special conditions are provided for these categories of citizens.
An extract from an old apartment is the initial task for those citizens who want to get registered in another city or locality. If the dwellings are located within the same city, then this procedure can be omitted. In the event that one of the registrations becomes a place of temporary registration.
The main document in the process of registration without the presence of a person is a power of attorney on his behalf. Often, a notary draws up a power of attorney, which is intended for the regulatory authorities of the passport office. To issue a power of attorney, you need a one-time special form that a notary has. Certification of the document, as a rule, is carried out in the place where the citizen stays - whether it is a house or a hospital.
In special cases, the help of an applicator is needed - a person who signs a document for a person who is deprived of such an opportunity due to illness. His task is to sign or write a statement if the patient is unable to perform these actions.
Take note: to select an applicator, follow certain selection criteria:
Click to view a sample application for registration
To carry out registration without the personal presence of the person registered in the passport office, the owner of the apartment must be present. His task is to fill out an application for registration in the 6th form, which he will be given when visiting the passport office.
If the document on the basis of which registration takes place is a power of attorney, then in addition to it, the authorized representative of this citizen must write a statement stating that the citizen who is being registered has no complaints about the actions of the owner of the dwelling.
All necessary copies of samples and forms can be found at the passport office, multifunctional center or department of the FMS. Also, in some cases, it is necessary to fill out an arrival sheet. For example, if a person arrived to change his residence permit from another city.
Keep in mind: the best choice there will be self-filling of the arrival sheet even before the change of registration.
In addition to the above documents, you will also need:
After collecting all required documents, they are checked by the registrar for the correctness and authenticity of the filling in about 1-2 business days. The passport of a citizen who is not able to be present at registration remains in the passport office. Registration without the presence of the registered person, as a rule, is carried out within 5 working days.
The passport with the registration stamp on the new place of residence and registration in it must be collected on the appointed day, which will be announced in advance by the employees of the passport office. But, there are also cases when a document can be picked up by proxy or employees of the passport office will bring it to your home.
If we consider the general features, then the procedure for carrying out this procedure is not very different from the above-described registration at the place of residence. But still there is a significant difference in the validity of the application - it must be carried out on time - no more than 3 months. (More detailed information Read this article on how to properly apply for a temporary residence permit.)
Temporary registration usually makes sense to do in the following cases:
According to the rules prescribed in the legislation of the Russian Federation, citizens can stay outside the city for no more than three months. This term provided for temporary residency. A distinctive feature of this registration is that it is not necessary to check out from the previous place of residence. It follows from this that a person who has received a temporary registration retains permanent rights to it.
The law in the Russian Federation allows the owner of the premises to register any person, temporarily or permanently.
The owner of a privatized apartment or its share can register anyone he wants, a relative and an outsider. He collects relevant certificates and certificates for the passport office. There are some differences in the registration procedure in privatized apartment and municipal.
Registration - registration of a Russian citizen at the place of residence. Only the owner can register in his area. The registration procedure at the passport office and the number of certificates depend from the apartment and the one who wants to register.
If the owner draws up an outsider, it is necessary to obtain the consent of all the people registered with him. If this is a relative, then there are no problems, a ready-made registration, that is, passports with stamps are issued in 7 days.
At the same time, there are permissible norms for the area of \u200b\u200bhousing per person. They are different everywhere, depending on the region.
If the area norm per person does not meet the rules, registration will be refused. The calculation depends on the area and the number of registered people, regardless of whether they live there.
Registration happens. Temporary - for a short period of time. It was introduced by the government to control the process of movement of citizens in the country.
If accommodation is 90 days outside of your permanent residence, a person is obliged to temporarily register where he is. This can be done without the presence of the owner. He must be informed, if he is against, the procedure is canceled.
A registered person who is not the owner cannot independently register someone for a living space in which he is registered himself.
The owner can prescribe any citizen starting from itself .
Also, the owner can register relatives, tenants living under the contract, or any other people.
To go through the registration procedure, you must collect all the certificates and be present at the passport office for registration. If there are several owners, then get permission from each. If one of them refuses, registration will not be allowed.
The landlord would be breaking the law by not giving registration to a person living for 90 days.
Temporary registration is possible for up to 5 years. It only allows living in this area. The tenant has no right to it. Even the expensive repairs made by him do not give a chance to claim the property or part of it.
If a resident in judicial order demand reimbursement of the cost of repairs, then the decision is not in his favor.
Utility bills are the responsibility of the owner. Therefore, he agrees in advance on the payment by the tenant of a certain amount for accommodation.
The owner personally applies to the passport office with an identity card and a certificate for the apartment. Writes an application for permission to register in his area. If there are several owners, everyone must be present and give permission. The procedure is the same for both constant and . But in the first case, the presence of the owner is not necessary, although it is possible.
For registration, submit:
When applying for a residence permit, a lease agreement between the owner and the tenant may be required. It indicates the length of stay and payment for the use of the area. If the temporary registration of the tenant, who is under this agreement on the square for 90 days or more, is not issued, then the owner of the premises is waiting administrative penalty , the amount of which can be very significant: from 100 to 500 thousand rubles. There is an exception. If citizens live without registration, but are registered in the same region or are relatives of the owner, then he is not held accountable.
Having discharged from the previous place, a citizen must apply for a new place within 7 days or a fine will be imposed on him. For registration, they apply to the passport office, the MFC or the department of the Federal Migration Service. The procedure depends on the type of housing - privatized or municipal. Originals and copies of all documents are provided.
Attention! For temporary registration, it is not required to be deregistered at the place of permanent residence.
After submitting applications and certificates to the Federal Migration Service, the deadline for obtaining registration is 3 days, if issued at the passport office or the MFC - 7 days.
These deadlines are not legally extended. When issuing finished documents adults will have a stamp in their passport, for children - registration certificate, it is issued on a separate document. If the owner is against the residence of the tenant, he writes a statement and the registration is canceled.
All information about registered citizens is contained in the migration service and copies of the submitted documents are stored there. They carry out the entire registration process and keep records of the movement of citizens. The passport office or the MFC only accept documentation, and return it after registration.
The child, until he is 14 years old, must be registered with his parents. It is not allowed to register one. If the parents live separately, it is allowed to enter to any of them and the consent of the tenants of the apartment is not required. One of the parents may be present during registration.
Refusal to register a minor due to debts on utility bills or in case of non-compliance with the area norm is illegal!
Citizens with temporary registration can themselves. This is done without the consent of the owner - the owner of the area. However, there are some nuances with minors. If the child is registered for more than long term than his parents, they can sue to restore their propiska.
To avoid this, the owner must check in advance if the tenant has children, and be present at the registration office at the passport office. And also check what is the date of registration in the application of the parent and child. Discharge of a minor ahead of time it is possible, but with the permission of the guardianship authority, and it can be very difficult to get it.
You can register in a non-privatized apartment, but with the consent of all residents. If at least one of them is against, the registration is cancelled. The application for permission is certified by a notary.
The registered person may be a relative or an outsider. In the first case, there are no difficulties; in the second, it is necessary to achieve permits from the municipality or organization who owns a home.
Registration of a child does not require additional consent of the tenants for registration if one of his parents lives there.
An important point for living is repayment utilities. If there is a debt, the landlord has the right to refuse registration until the debt is paid off. It is very important not to lose the reputation of such an organization.
Registration is carried out according to all registration rules:
Obtain permission from the landlord from local authorities;
all residents must go to the passport office and issue their consent;
a sheet of retirement from the previous place is presented;
the person who registers, draws up an application for registration at this address.
Passportist puts a stamp in the passport in 7 days. The procedure is free.
What to do if there are difficulties with registration? Which law to rely on in case of disputes? How to register not a child, but a grandson? The answers to these and other questions are in the video.
Registration is required for any law-abiding citizen. But the registration procedure is carried out strictly in accordance with the approved standards.
Dear readers! The article talks about typical solutions legal issues but each case is individual. If you want to know how solve exactly your problem- contact a consultant:
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What are the rules for registration in the owner's apartment in 2019? AT modern society it is almost impossible to do without registration. They are interested in its presence during employment.
Without a residence permit, it is difficult to arrange a child in a kindergarten or school. Most public services are provided on a territorial basis based on registration. How to register in the owner's apartment in 2019?
How long can a Russian citizen live without a residence permit? By law, every citizen must have a residence permit.
In case of discharge from permanent place residence within seven days must be registered at a new address. But sometimes a person can move temporarily.
In this case, you can do without registration at the place of residence for ninety days. Then you need to contact the Federal Migration Service for registration at the place of residence.
Failure to register is punishable by penalties. Moreover, the punishment is provided not only for an 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 amount of 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 live without a residence permit | Is a legal entity, then such is fined for fifty to seventy thousand rubles. For federal cities, this fine is equal to thirty to eighty thousand rubles. |
When considering the institution of propiska, it is important to understand the difference between permanent and temporary propiska.
The owner can independently choose which option suits him best in a particular case. Permanent registration is issued indefinitely.
Its confirmation is the affixing of a stamp in the passport. It can be canceled only voluntarily at the request of the registered person or in court.
A temporary registration is valid for a strictly defined period. After the expiration of such action, it stops automatically.
A special certificate confirms the presence of a temporary residence permit. It is worth mentioning that the term "propiska" as such is not used in the legislation.
Registration has sunk into oblivion along with the USSR. Russian legislation the term "registration" is used.
Permanent registration is registration at the place of residence, and temporary registration is registration at the place of stay.
Registration at the place of residence gives the registered person certain rights, namely, what registration gives is:
Lack of registration complicates life in society. In addition, this is a violation of the registration rules and is punishable by a fine.
But it should also be noted that the presence of a residence permit does not give any right to living space except for accommodation.
It is possible to dispose of housing only if there is a right of ownership. Therefore, in most cases it depends on the owner whether he will give his consent to registration or not.
Basic legal act, regulating the procedure for registering citizens, is.
This standard includes quite a lot of sections that provide for all possible nuances regarding the design and validity of registration.
The scheme of actions is as follows:
AT Personal Area the user will receive a notification indicating the time when they need to contact the selected department of the Main Department of Internal Affairs of the Ministry of Internal Affairs. When applying, all necessary documents are presented.
The risks associated with registration are often exaggerated. The main fear is connected with the fact that the owners are afraid of losing the apartment or part of it.
You should know that the presence of a residence permit is in no way connected with the right of ownership. Even a permanent residence permit does not allow disposal.
As for the existing risks, they are as follows:
Otherwise, the registration of even strangers does not threaten the owner with anything terrible. The registered tenant is given only the right to reside in the owner's apartment by registration.
If the latter still has doubts, then he may well issue temporary registration to the tenants. It will end automatically after the expiration of the validity period.
You can register in an apartment by a court decision. Basically, such a 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 the consent of the co-owners. In the absence of this, an appeal to the court is required.
Submitted to the courts:
If the requirement is satisfied by the court, then the registered citizen, together with the plaintiff owner, can apply to the authorized body for registration in an apartment with several owners.
Instead of the consent of the co-owners, a court order is presented.
As already mentioned, without the presence of the owner, the tenant of the apartment has the right to register. At the same time, he is by no means obliged to notify his lessor of the registration.
The owner can find out about registration only by receipts for payment, where the number of registered tenants will change.
But in addition, a notification is sent to the owner about the registration of a new tenant in his apartment.
If there is no registration on the websites of state bodies, then in the absence of an e-mail address, the notification is sent to the postal address. Although in this case the notification will be received.
Another situation where the consent of the owner is not required is the registration of minor children. By law, children under the age of fourteen must live with their parents.
Therefore, if the parents or one of them has a residence permit in the apartment, then he has the right to register his child.
You need to contact the registration authority, submit an application and confirm the existence of registration. But registration can be done with the consent of the owner, but without his presence.
To do this, you will need to obtain the proper power of attorney. What rights does a power of attorney from the owner give?
There is no direct indication in the legislation that registration can be issued by proxy. As well as there is no ban on such actions.
Therefore, if another option is not possible, then you should first contact the FMS department or another authorized body and ask for an opinion on this matter.
If the registration authority agrees to register by, then you can proceed to obtain the appropriate document.
The power of attorney must be certified by a notary. It must clearly state the authority of the applicant.
Video: registration and extract for housing transactions
Not a vague “allow to act on my behalf”, but a clear “I allow such and such a person to register at the place of residence, in particular in the apartment that belongs to me by right of ownership.”
Also among the powers of the applicant is indicated consent to:
If, nevertheless, the employees of the registering authority do not want to register by proxy, then the owner can draw up a notarized consent to registration and an application in the proper form, also having it certified by a notary.
The legislation strictly defines that it is impossible to register a citizen or de-register in his absence.
This rule also applies to cases where the person being 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 a notarized power of attorney from her to represent interests.
But as already mentioned, even such a document does not guarantee registration of registration.
Therefore, it is best to obtain from the spouse a notarized consent to 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.
At the same time, registration will give the spouse only the right to reside. If the apartment was not purchased during the marriage, then it does not have the right to a non-spouse in the event of a divorce.
In the Soviet era, registration of citizens was carried out through registration. Since then, much has changed, now it operates in the Russian Federation, but people, out of ingrained habit, continue to call it a residence permit.
Citizen of the Russian Federation residing at an address that differs from the address of his permanent registration for more than ninety days is required to register at the location.
The same applies to foreigners, they must issue a temporary registration no later than the eleventh day of their residence.
But what can the temporary residence permit of a person threaten the owner of housing?
Any property owner has the right to register someone for a certain period of time, that is.
At the same time, you should know that if the property is jointly owned(common property of the spouses), then the other owner may appeal the registration in court or the Federal Migration Service.
To register a tenant at the place of stay at fractional ownership , the consent of other owners is not required if the share was officially allocated.
When registering an outsider in his living space, the owner must foresee that when, the latter can register them at the place of his registration without the consent of the tenant.
To protect yourself, you should conclude with the possibility of early termination to prevent problems with the alienation of real estate, since minor children may be registered.
Temporary registration at the place of stay is issued for the period stipulated by the agreement with the owner of the apartment.
In the absence of this, a temporary residence permit is issued by the FMS for a period six to twelve months. After this time, registration ends.
Temporary registration confirms the legality of a citizen's residence in a certain territory.
The presence of a temporary residence permit for a citizen of the Russian Federation - which gives him the opportunity to find a job, arrange a child for a school or kindergarten, register with a medical institution and complete all matters that require registration.
The expiration of the registration period does not mean that the temporary resident will be fired or denied service in different organizations.
A temporary resident has the following rights:
Nothing else temporary registration does not give the right to housing itself.
Registration Russian citizens at their place of residence is issued on the basis of either an application from the owner. At the same time, the period for granting a residence permit must be indicated, after which it is automatically canceled.
In addition to their children, a temporary tenant does not have the right to register anyone else without the consent of the owner.
The homeowner has the right to terminate the lease at any time and.
In Art. 80 of the LCD of the Russian Federation states that the temporary tenant is obliged to vacate the living space at the end of the term agreed with the owner. And in the absence of such an agreement, no later than seven days from the date of receipt of the relevant notification from the owner of the apartment.
At the same time, he can not present absolutely no claims to the owner.
Ownership of housing can be obtained only on the basis of, or another transaction related to the alienation of property, temporary registration is not included in this list.
The owner of the dwelling has the right to register any person for an indefinite number of times, both on a temporary basis and on a permanent basis. Anyway his property rights are strictly protected by law.
However, there are certain risks for the homeowner:
When a temporary registration of a new tenant for the owner automatically increase in utility bills, if any, are calculated on a per-resident basis.
Residential accommodation on a paid basis requires the cost to be included in the amount of payment. Such an inconvenience may not arise if communal payments paid according to meter readings.
If a temporary resident, he may demand an extension of the period of his registration or a new registration, if the owner refuses, he has the right to demand the implementation this requirement through the court.
To challenge the temporary registration of someone else's child in court, you will need to provide a considerable amount of evidence.
Disputes may arise as a result of damage to property. If the temporary tenant accidentally spoiled some of the owner's things, it will be very difficult to prove their damage.
To resolve the issue through the court, you will need strong evidence. Therefore, it is recommended to draw up an act of inventory of property, certified by a temporary guest and owner.
By agreeing to the temporary registration of a new tenant, the owner assumes civil liability to other persons.
If a temporary tenant causes damage to the property of neighbors, they have the right to demand compensation for losses from the owner of the housing, who, among other things, may also incur administrative liability.
Lawyers advise homeowners to issue insurance contract civil liability and include the cost of insurance in the cost of rent.
Provisional registration, by definition, ends after a certain period of time.
If the owner continues to provide his living space for living, but refuses to renew the registration, he can in the amount of 2500 rubles.
If the registration was not extended due to the fault of the owner, then he is obliged to pay the specified amount. If the tenant refuses to present the documents necessary for registration and the owner turns to the migration authorities in time, the fine will be imposed on the tenant.
The owner also bears administrative responsibility for the misconduct of the tenant registered on his living space.
So, if the owner does not promptly notify the migration authorities about the residence foreign citizen on his living space, he may be fined.
A fine of 5000 rubles the situation is also threatened when a temporarily registered tenant actually lives in another place.
Registration of citizens of other states implies the following responsibility for the owner:
An important point is fictitious registration. In 2013-2014 Russian government took a number of measures to prevent such a phenomenon, when up to several dozen people are registered in one apartment.
According to the adopted amendments, in this case, administrative responsibility arises both for the owner of the housing and for the temporary resident.
A fictitious registration is defined as:
A “fake” registration threatens the owner with a significant fine of one hundred to five hundred thousand rubles. Or he can be sentenced to forced labor. In some cases, even imprisonment for up to three years is possible.
The video talks about latest changes in the legislation on the registration of citizens.
The measures are primarily aimed at combating the so-called "rubber apartments" - for the first time criminal liability for fictitious registration has been introduced, the amount of fines for living without a residence permit or not at the place of registration has been significantly increased.
