Registration
149
All citizens of the Russian Federation are required to have registration. This is stated in the Federal Law “On the right of persons living on the territory of the Russian Federation to freedom of movement.”
The registration procedure will provide citizens with opportunities that are acceptable to exercise their rights and freedoms, and also commit to respecting the rights of both others and the public. Registration was not introduced in order to limit the freedoms and rights of citizens of the Russian Federation. And it does not in any way affect the ability to move freely and choose a convenient place of residence in the country.
Those who own housing are concerned about such a topic as registration of citizens and the rights they acquire at the same time. They are afraid that citizens who will be registered in their apartment will become owners. So, in order to dispel all fears, it is worth studying the topic of citizen registration in more detail.
Attention! The article contains the concept of “registration”, to make the text easier to understand. At the legislative level, it is correctly said - registration at the place of residence.
Types of registration/registration
The conditions for the acquisition and renewal of registration are regulated by Decree of the Government of the Russian Federation No. 713 of July 17, 2015 and Order of the Ministry of Internal Affairs of the Russian Federation No. 984 of December 31, 2017.
Temporary registration/registration
Russian citizens are not legally prohibited from staying at a location other than that indicated in their passport.
The obligation to provide information about their whereabouts arises if the period of stay is more than 90 days. It is possible to obtain registration for any period, which is determined independently by the owner of the property and the person being registered.
An exception is registration in municipal residential premises; it is granted for a period of no more than six months.
After the specified date, urgent registration ceases to be valid from the next day.
Permanent residence/registration
Information on permanent registration at the place of residence with an exact indication of the location is affixed to the civil passport in the form of a stamp.
Persons must report any change in their location (moving to another Russian region, selling real estate or leaving their apartment) to the departments of the Main Directorate for Migration and Migration.
The difference between an owner and a tenant
What is the difference between the rights of an owner and a registered person?
The registered person can perform actions, so to speak, of a notification nature - to receive all those civil benefits and opportunities that registration provides in his area, such as: enrolling a child in kindergarten or school, receiving subsidies, tax identification number, issuing an insurance certificate.
He can also register his young child for living space without asking anyone (Article 20 of the Civil Code).
But that's not all. The owner may (in addition to the above):
- register and deregister citizens of the Russian Federation regardless of the degree of relationship (Articles 31 and 35 of the Housing Code);
- sell living space, donate it, transfer it by inheritance, make it the subject of collateral, arrange redevelopment of the apartment (Article 30 of the Housing Code).
If we talk about who has more advantages, then it becomes obvious that the owner - if we are talking about private property, since only he, and not the tenant, is its sovereign manager.
Another thing is municipal square meters . Here the owner of the housing is the state, and all official residents have equal rights with each other. And for any legal action with the apartment, everyone’s consent is required.
The person registered may even give up his share during privatization . True, such a gesture of generosity still does not deprive him of his rights - the citizen will have the right to live in the living space until the end of his days.
However, it is still impossible to say that the owner is the king and God. For example, even after the registration period has expired, he cannot take and put annoying guests out into the entrance or, as is often done, throw their things from the balcony. Eviction and forced deregistration are the exclusive prerogative of the court .
Legal consequences of lack of registration
Ignoring notification of the state about a change of residence entails the imposition of penalties under Art. 19.15.1 of the Code of Administrative Offenses of the Russian Federation. This article establishes several types of fines:
- for lack of information about the registration of residents of the constituent entities of the Russian Federation (minimum amount - 2 thousand rubles, maximum - 3 thousand rubles);
- for failure to provide information by residents of federal cities (from 3 thousand rubles to 5 thousand rubles);
- for the lack of registration for home owners (for residents of the regions - the amount increases to 5 thousand rubles and up to 7 thousand rubles for owners of Moscow and St. Petersburg residential premises).
Officials have the right to apply penalties when an offense is detected. The time for registration of registration cannot exceed 7 days when changing permanent location and 90 days after arrival in another region.
How to “discharge” a minor
Legislation always takes the side of children registered as a registered citizen, regardless of whether they are:
relatives;
wards;
adopted.
Formally, the parent (guardian or foster parent) is not even obliged to inform the owner of his intentions. Therefore, the only available solution is a court proceeding, during which it is possible to demand deregistration of both the child and the parent. If desired, you can ask the court to determine the citizen’s action as an abuse of right.
Registration and ownership
Owners of residential premises are not required to register at the location of the property. Registration at the place of residence and the right to own (dispose of) housing are not related to each other. When a municipal apartment is privatized, registered citizens become its owners. When registering in housing owned by several people, it is necessary to obtain the consent of each owner. The exception is sole ownership of real estate.
Documents for registration of permanent registration in a private house
Registration by location of the house is possible upon submission of:
- statements;
- arrival sheet;
- proof of home ownership;
- passports of the owner and the registered person;
- birth certificates (if a minor is registered at the same time as his parents);
- house book;
- consent of all owners to register the applicant in a private house.
The application must be filled out legibly using a computer or by hand. Corrections and crossing out are not allowed.
The applicants are:
- citizens of the Russian Federation (upon reaching 14 years of age);
- legal representatives of minor children under 14 years of age (parents, guardians, trustees, adoptive parents) or incapacitated persons;
An application for receiving public services for registration at the address of a private house must be addressed to:
- to the nearest branch of the Main Department of Migration Affairs of the Ministry of Internal Affairs;
- to the administration;
- in the MFC;
- to the government services portal.
Documents for registration of temporary registration in a private house
To obtain urgent registration you must provide:
- applicant's passport;
- birth certificate (if the child is temporarily registered);
- a document confirming the powers of the legal representative (an act or decision of the guardianship authorities);
- house register (extract from the house register);
- consent of the owner and participants in shared ownership for the temporary residence of the applicant;
- documents confirming ownership of a residential building and land plot;
- passport of the owner of a residential building;
- arrival slip;
- application in the prescribed form.
An application for temporary registration with the necessary documents can be submitted:
- in person by contacting the migration department;
- through the State Services portal by filling out an electronic application form;
- through the multifunctional center.
Citizens of the Russian Federation who have reached 14 years of age, as well as legal representatives of children and incapacitated citizens (parents, adoptive parents, trustees, guardians) have the right to apply for temporary registration.
Documents for registration at the dacha
Registration of individuals at the location of their dacha is permitted by Federal Law No. 66-FZ of April 15, 1998. Also, registration of individuals is allowed on the territory of SNT (definition of the Constitutional Court No. 7-P dated April 14, 2008).
A dacha can be considered a residential building if it meets the requirements of Decree of the Government of the Russian Federation dated January 28, 2006 No. 47.
You may also be interested in the procedure for obtaining ownership of a house under the dacha amnesty.
Registration at the location of the dacha is carried out if:
- in proper order, the dacha is recognized as suitable for living and complies with sanitary standards;
- the dacha and land belong to the registered person or a member of his family;
- the land with the dacha is located within the boundaries of the settlement;
- the house is provided with engineering systems and can be used for year-round living;
- the dacha is the only place of residence.
To establish a dacha as a residential premises, a special commission is created, or a forensic construction examination is carried out (if established in court).
To register at the dacha you must provide:
- a document confirming that the dacha is a residential premises (conclusion of the interdepartmental commission, court decision);
- technical certificate;
- documents confirming ownership of the house and land;
- Russian passport of the applicant;
- a judicial act recognizing the house as residential, establishing the right of residence and registration on the dacha plot;
- certificate of marriage and birth of children (for registration of family members).
Registration in a house with shared ownership
It is possible to register a citizen in a house owned by shared ownership by several persons only with their consent.
Registration in an unfinished house
An unfinished house cannot meet the conditions for recognizing it as a residential premises in accordance with Art. 15 of the Housing Code of the Russian Federation, since the necessary conditions are not met:
- may not have doors or windows;
- not equipped with utility systems;
- no address assigned;
- not put into operation.
Since registration rules only allow registration in residential premises, registration in unfinished premises is not possible.
List of features
Does registration affect ownership and what does it give? After registration, no matter whether in a private home or a municipal one, a person has the right (if he is registered in the apartment but not the owner):
- residence on the territory;
- use of apartment and common property provided to him;
- obtaining SNILS, TIN;
- registration of individual entrepreneurs;
- receiving subsidies and benefits;
- placement of the child in an educational institution;
- getting a job (if there is a registration restriction);
- registering your minor children and close relatives in an apartment;
- give consent to the registration of other people.
The list turned out to be not so small, but in essence it becomes clear that registration has a notification property Does registration give you the right to own a home?
Ownership can only arise from the acquisition of housing - be it by purchase, inheritance, life annuity agreement, as a gift or by court decision.
Find out on our website who can be registered in housing purchased with a mortgage.
The situation is approximately (but not quite) the same with the municipal fund...
Minimum standard living space per person
The minimum standard of living space per person is established by the Housing Code of the Russian Federation, regional laws, sanitary standards and is necessary to calculate the area:
- to improve living conditions;
- when providing housing to certain categories of citizens (orphans, military personnel, displaced persons from dilapidated and dilapidated housing);
- for the provision of municipal residential premises under a rental agreement in apartments and dormitories;
- to apply for subsidies for housing and social benefits to reduce utility bills.
Article 105 of the Housing Code of the Russian Federation establishes the minimum size of living space allocated to a tenant per person - 6 square meters. m. - in a dormitory or in a residential building of a flexible fund.
Rights of a person registered in a privatized apartment, not the owner
If only one person participated in the housing privatization procedure, then he becomes the owner of the housing. Moreover, he can register anyone he wants, even without being related to him.
How is this procedure done? The owner of the property and the future tenant go to the passport office at the place of residence, where they both write an application. One notes his desire to register, and the other agrees.
What rights does a person registered in an apartment have:
- A person registered in an apartment, even without being its owner, has the right to register his minor child in it.
- All apartment residents undertake to fulfill all duties related to the use of housing that are assigned to them. If there are any other conditions, they must be specified in the additional agreement;
- If the owner of the property dissolves the marriage, the tenant can no longer use it. But there is an exception in the case when he cannot purchase a new home for compelling reasons. Then he can continue to live at his place of registration for some time. All deadlines are discussed additionally.
- If a person is granted the rights to use an apartment under an agreement, which is concluded with the owner, then he is obliged to comply with all its clauses.
If the owner of a home registers a person, he gives him consent to live there. If the owner changes his decision, the tenant no longer has any rights to the apartment.
Those who are registered by the owner of the property cannot dispose of it . Their only right is to use the housing on an equal basis with the owner, have free access to it and live in it.
Price of registration in a private house
The registration service is provided by the government agency free of charge. Now on the market there are many offers from intermediaries to provide such services.
In Moscow, the cost of registration is approximately 500 rubles. – for 3 months and 4,500 rubles. in a year. Temporary registration in St. Petersburg will cost more - 900 rubles, and the cost of a 5-year registration will be 7,000 rubles.
Prices depend on the region and on the citizen of which country the recipient of the services is.
Living conditions for “registration” without the right to living space
The living conditions for temporary registration are the same: the tenant uses the property, pays utilities and rent if necessary. To be on the safe side, the owner can draw up an agreement in addition to the main free rental agreement that gives the right to terminate the relationship unilaterally. If rent is expected, then all the necessary clauses in relation to it are included in the contract as a separate clause.
According to the social tenancy agreement, registration is issued temporarily or permanently, but more often for permanent residence. In this case, the main employer enters into an agreement with the local government, members of his family have the right to register with him, and no rent is provided.
Arbitrage practice
On behalf of a minor child, the plaintiff filed a claim to recognize the house as a residential premises with the right to register at its location. The basis for going to court was the administration’s refusal to recognize the house as suitable for habitation, since it is located on the territory of a gardening partnership and is part of a sanitary protection zone.
The claim was satisfied by the decision of the Salavat Court. A private house is recognized as fit for habitation with the right to registration. The appeal ruling overturned the court's decision and denied the claim. The plaintiff filed a cassation and, as a basis for recognizing the house as fit for habitation, indicated the presence of an expert opinion accepted by an independent expert and not contested by the defendant. In addition, acting in the interests of a minor child, she indicated that the child has no other place of residence.
Referring to the resolution of the Constitutional Court of the Russian Federation No. 7-P dated April 14, 2008, the cassation came to the conclusion that it is possible to register citizens on the territory of SNT if the residential building is the only dwelling.
Considering the lack of evidence that the house was located within the sanitary zone and the impossibility of recognizing it as non-residential, the cassation instance overturned the contested appeal decision and sent the case to the second instance court for a new trial.
Risks of the owner when “registration” without the right to the tenant’s living space
Despite the fact that registration without granting the right to living space does not have legal risks as such, the tenant’s lifestyle itself carries several possible threats.
The tenant takes out a loan and makes arrears: collection services and/or bank representatives will also visit the place of residence (based on temporary registration), as a result of which the owner will have to explain that such a person does not live here (if in fact the citizen has already left)
The tenant commits a crime: the police will definitely go to the owner; in worst cases, he may even be considered a suspect (accomplice)
The tenant evades conscription into the Armed Forces: summonses will be sent to the registration address, and in the worst cases, the police begin to suspect that the owner is helping the evader by hiding his location
The tenant violates traffic rules: fines will be sent to the temporary registration address, so the owner will have to notify the tenant about this
The tenant violates public order; there is a direct threat to the personal safety of the owner, his family, as well as the risk of being taken to the police based on complaints from neighbors.
Thus, the only real danger is the tenant’s unseemly behavior, and not the loss of living space, which is completely excluded by law. Therefore, it is better to get to know the tenant well and not to register dubious persons in the apartment, even if they promise not to actually live there.
