If I bought an apartment, how to register in it: the answer to a frequently asked question after selling real estate

Article updated: December 20, 2021
Elena GrushinaRealtor with a legal education. Work experience - 12 years

Hello. I have a client who is an employee of the passport office in the HOA. I gave her a good discount for the service of selling her real estate, and now I constantly consult with her on registration and deregistration issues.

On this page I have described in detail how owners can register in their apartment through the My Documents MFC, the passport office or the district Ministry of Internal Affairs. It doesn’t matter how the apartment was acquired - it was purchased, received by inheritance, donation, privatization, etc. The instructions are the same for everyone.

A small digression - if you need a free consultation, write online to the lawyer on the right or call (24 hours a day, 7 days a week): 8 (499) 938-45-78 (Moscow and region); (St. Petersburg and region); (all regions of the Russian Federation).

At what stage of the transaction is registration performed?

Having been deregistered at the previous address, family members and the owner himself begin to worry, since the period allowed by legislative acts for residence without any registration is extremely short (clause 81 of the Administrative Regulations of the Federal Migration Service, approved by Order of the Federal Migration Service of the Russian Federation dated September 11, 2012 N 288 (as amended) dated January 19, 2015).

On the one hand, you need to vacate the previous apartment not only physically, that is, move out and take out all your belongings, but also legally - cancel the registration of everyone who was registered. The buyer constantly insists on this, but until there is a document in hand confirming the existence of ownership rights to the purchased residential premises, registration cannot be issued.

The fact is that, based on clause 26.1 of the Admin. regulations, the list of necessary documents for registration at the place of permanent residence includes a certificate of ownership.

True, employees of the registration authority do not have the right to insist on his presentation, but then they themselves will check with Rosreestr whether the apartment has been registered. If the answer is negative, registration at the new address is excluded.

It follows from this that it is possible to notify the migration authorities about moving to the acquired living space only by registering the ownership of this property (Article 223 of the Civil Code of the Russian Federation).

Is it necessary to register permanently in a new home?

Issues of registration and registration are regulated by Federal Law No. 5242-1. According to it, it is not necessary to register permanently in a new home. Temporary registration is allowed.

However, please note that double registration is prohibited by law. Therefore, when choosing between temporary registration and permanent registration in a new building, you need to consider:

• Will the person live in the house permanently?
• Does he have another registration?

If he will live in this house permanently, then it is worth choosing the registration option.

What are the deadlines?

From the date of registration of ownership rights to residential premises, the time during which new residents must register begins to count.

This period is determined by clause 81 of the Admin. FMS regulations and is 7 days (from the date of arrival at the next address). It is during this time that you need to apply for registration.

Read more about the period given for registration after being discharged from the previous place of residence, and you will learn how long you can live without registration from this article.

Is it obligatory for the owner to register in the purchased housing?

According to Government Decree No. 713, a citizen who received living space as a result of purchase, exchange, donation or inheritance is subject to registration. However, purchasing real estate does not force a person to register in it.

The owner can buy several apartments and residential premises, but he does not need to register in each of them. Permanent registration (registration) is carried out only at one place of residence (address) .

Registration in the purchased property is required if you plan to live in it on a permanent basis. Thanks to registration, the owner will be able to officially receive government services at his place of residence.

The owner does not need registration to use and dispose of the apartment. Thus, the owner must decide for himself whether he needs to register the purchased property. We talked in detail about whether it is permissible to live without registration at the place of residence and the conditions for not having registration in your own apartment.

When can you not do this?

Under any conditions, if you have at least one registration. The law does not oblige citizens to register in each acquired property.

How to carry out the procedure?

To register in a newly purchased apartment, you need:

• take the necessary documents and, during the reception hours of one of the bodies authorized to carry out accounting actions, appear with the whole family at a single window;
• the specialist will receive visitors with their documents, check the identities of those present with their passports, check that the standard forms are filled out correctly and name the time of the next visit, after receiving the finished result.

The appearance of all adults is considered mandatory, since registration at the place of residence refers to procedures carried out on the basis of the personal application of each citizen.

In exceptional cases, due to truly difficult circumstances, registration may be allowed without the personal presence of a person, through his authorized representative.

You will learn more about the power of attorney for registration in this article.

Nuances of municipal housing

First of all, you should pay attention to how to register in a new place if it is municipal housing provided to the owner on the basis of a social tenancy agreement. In this case, there are some nuances that distinguish the entire procedure from the standard design.

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It is important to note that it is not enough to appear at the migration service, which was once the passport office, in person, taking with you the necessary documents. Firstly, the consent of the municipality will be required for the registration of another tenant. Secondly, the living space must meet the minimum standards per person. If, when another tenant moves into a municipal apartment, the number of square meters per person is below the established norm, the municipality will refuse registration.

In addition, it is necessary to obtain written consent to register a new tenant from all citizens already registered in the municipal apartment. They must also appear in person at the migration office to write a statement in their own hand. If the personal appearance of any of them is impossible, you can issue a notarized power of attorney for someone who can act on behalf of the absent person in his interests.

What documents to prepare

Before visiting the MFC, the FMS division or the passport officer of the organization servicing the residential building in which the purchased apartment is located, you need to prepare the following documents:

• passports of everyone who will live at this address;
• birth certificates of children under 14 years of age;
• documents for a new apartment.

You also need an application for registration, this is the so-called standard form No. 6. You can print out form No. 6 by downloading it from the Internet and filling it out at home (signature must be placed in the presence of an employee).

Sample application for registration when purchasing an apartment.

Application form.

If it is not possible to do this, the employee will issue Form No. 6 to each person registering, including children. For minor offspring, blank forms are filled out by one of the parents as a legal representative (clause 114 of the Administrative Regulations).

If among the household members there are not only parents and their children, but also citizens with a different degree of relationship in relation to the owner (sisters, brothers, nephews, etc.) or complete strangers, then they will need to obtain the owner’s consent to their residence.

What to do when the delivery of a house is delayed?

Often the developer does not fulfill the conditions for the completion of the house. Accordingly, residents cannot officially register in their apartments.

In this case, you need to submit a written claim to the developer demanding payment of a penalty for violating the deadlines for putting the new building into operation. If he does not respond to this claim, it is necessary to file a lawsuit.

How long will registration take and how much will it cost?

The entire registration process will take no more than 8 days, counting from the day the application was submitted (clause 20 of the Administrative Regulations), and if the applicants applied specifically to the FMS department, and the documents for housing were submitted simultaneously with the submission of the application , then this period can be up to 3 days.

Such a registration service is a state service, and its provision does not require any payment, that is, it is performed free of charge.

Where is it better to contact the passport office, the MFC or the Ministry of Internal Affairs?

Now, instead of the Federal Migration Service, the registration of citizens is carried out by the district Ministry of Internal Affairs, namely their departments on migration issues - clause 23 of the Order of the Ministry of Internal Affairs of December 31, 2017 N 984. Only they have access to the database of citizens (the Mir system), into which they enter changes and updates.

The district Ministry of Internal Affairs accepts applications from citizens directly or through intermediaries represented by MFCs and passport offices - clause 90 of Order of the Ministry of Internal Affairs N 984 and the list from the Decree of the Government of the Russian Federation of July 17, 1995 N 713. MFCs and passport offices act only as couriers, they are not obliged engage in registration and maintain a database of citizens. Previously, registration was carried out by passport offices together with the Federal Migration Service, but now this responsibility has been simplified.

The registration instructions themselves and the list of documents are the same regardless of where you apply. Therefore, first I will indicate the pros and cons of each institution:

• MFC "My Documents".
  Pros - 1) The registration period here is shorter than through the passport office. The procedure must take place within 3 working days from the date of submission of the application, because they transmit documents to the Ministry of Internal Affairs electronically through the system of interdepartmental interaction (SMEV) - clause 35 of Order of the Ministry of Internal Affairs N 984. 2) You can often make an appointment in advance by phone or via the website. 3) Employees usually fill out applications for citizens themselves. 4) The document acceptance service is always free.

  Disadvantages - 1) Not all MFC branches accept applications for registration of citizens. Therefore, I advise you to first call local branches and clarify this issue. Addresses and phone numbers can be easily found on the Internet. 2) There are often queues. This is understandable, because they provide many other services.

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• Passport office at the Management Company (HOA, housing department, etc.).
  Plus one thing - usually there are no queues. Cons: 1) According to the law, the period of registration is a maximum of 6 days. They are not connected to the system of interdepartmental interaction with the Ministry of Internal Affairs, so documents are transferred there in paper form - clause 32 of Order of the Ministry of Internal Affairs N 984. 2) The registration procedure itself is free (clause 62 of Order of the Ministry of Internal Affairs N 984), but in some passport offices they can take a small the amount for receiving and submitting documents is about 30-100 rubles. Most management companies do not take money, because the work of the passport office is already included in the cost of home maintenance services.
• Regional Ministry of Internal Affairs.
  Pros - 1) It is better to make an appointment or submit an application through State Services. 2) The registration period is only 1 day (clause 36 of Order of the Ministry of Internal Affairs N 984), but it’s too early to rejoice here. Cons: 1) Often, due to workload, they make an appointment for at least the 8th day. Usually 10 - 12. As a result, the terms are longer than through the MFC or passport office. 2) According to the law, you can come without an appointment or make an appointment by phone - clause 91 of Order of the Ministry of Internal Affairs N 984. In practice, there are long queues. Moreover, more of those who signed up in advance. And they rarely answer the phone. 3) Most often, they are reluctant to advise on the service and filling out documents.

conclusions

Without registration, a person cannot use ordinary services, for example, registering at a local clinic or applying for benefits. However, permanent residence is not required. A temporary registration gives citizens the same rights as a permanent stamp.

The registration procedure depends on the category of the applicant and his rights to housing. The set of documents provided is associated with the same criteria. If the owner of the property only needs an application, then the citizen who owns the property under a rental agreement needs the consent of the administration to register another person in the premises.

Without the presence of the home owner

When registering for a residence permit, it is important for its owner to be present at the migration territorial authority to confirm the legality of the procedure and his consent. However, there are a number of cases where the owner cannot in any way be present during registration in person.

To get out of this situation, you need to go to the territorial office of the migration service and consult with the responsible employees there, outlining the individual circumstances of the situation. However, you should be prepared for the fact that the migration service often refuses in such situations, being careful of fraud.

If the grounds in a particular case are convincing and respectful, the FMS may accommodate you halfway. There are three main ways to resolve the registration issue without the presence of the homeowner.