Is it possible to register a stranger in an apartment: what is needed and what are the risks and consequences when registering a non-relative?

Dear visitors!

Please note that the articles are for informational purposes only and do not relate to the services of the developer!

If you are interested in this service, please contact specialists on this issue.

The question of how to register a person in an apartment is asked by almost all citizens. Some people need to register their relatives or children, while others need registration themselves. Let's look at the basic rules, registration requirements and its nuances.

The term registration lost its relevance back in 1993, with the adoption of the Law on Freedom of Movement, Choice of Place of Stay and Residence No. 5242-1 of June 25, 1993 (last amended April 2019). But this word is still used in everyday life as more understandable and familiar. Further we will apply such concepts as: registration at the place of residence (= permanent registration) and registration at the place of stay (= temporary registration).

Rights and responsibilities of citizens

The state has introduced a mandatory registration regime for all citizens on its territory.

Registration on the territory of the Russian Federation, or registration in common people, is the responsibility of every person. However, its absence cannot be used as a reason for limiting any rights of a citizen. There are simply fines for its absence.

If having a residence permit is a person’s responsibility, then the ability to register another person in an apartment can be both an obligation and a right. In the first case, such an obligation is assigned to certain officials, as well as to parents in relation to minor children. But the right exists for any person who is the owner of a residential premises or rents an apartment for social rent.

Registration for citizens of the Russian Federation is provided free of charge; for foreigners the state fee is 350 rubles.

Advice from lawyers

Do you want to register in an apartment, but don’t know how to do this in a privatized apartment? First, you need to obtain the consent of the owner or owners (if there are several of them). After this, you should find out what documents are required in your particular case. and start preparing them. As a rule, this is a simple task that everyone can easily cope with. Next, you need to find out where they apply for registration. Where to submit documents? All processes related to registration and deregistration are resolved in the Main Directorate for Migration Issues of the Ministry of Internal Affairs of Russia. We'll tell you where to apply next.

Two types of registration

Registration at place of residence

also called permanent residence. It records the fact that a person lives in a specific place on a permanent basis. The citizen’s duty in this case is to register within 7 days.

Temporary registration

– this is registration at the place of stay. A person is required to register temporarily if he plans to stay in a given place for at least 3 months. At the same time, temporary registration does not deprive him of the right to permanent registration.

How to temporarily register a person in your apartment? The procedure is no different from permanent registration, it’s just that with permanent registration a special stamp is affixed to the passport, with temporary registration a certificate with a red stamp is issued indicating that the person has a residence permit.

A lawyer answers questions about registration and discharge

Links to legislative acts

1. Article 2 of the Law of the Russian Federation “On the right of citizens of the Russian Federation to freedom of movement, choice of place of stay and residence within the Russian Federation.” Basic Concepts
2. Article 3 of the Law of the Russian Federation “On the right of citizens of the Russian Federation to freedom of movement, choice of place of stay and residence within the Russian Federation.” Registration of citizens of the Russian Federation at the place of stay and place of residence within the Russian Federation
3. Article 6 of the Law of the Russian Federation “On the right of citizens of the Russian Federation to freedom of movement, choice of place of stay and residence within the Russian Federation.” Registration of a citizen of the Russian Federation at the place of residence
4. Paragraphs 16, 17, 18 of the Decree of the Government of the Russian Federation of July 17, 1995 No. 713 “On approval of the Rules for registration of deregistration of citizens of the Russian Federation at the place of stay and place of residence within the Russian Federation”
5. List of persons responsible for accepting and transferring to the registration authorities documents for registration and deregistration of citizens of the Russian Federation at the place of stay and place of residence within the Russian Federation" Resolution of the Government of the Russian Federation of July 17, 1995 No. 713
6. Appendix No. 5 of the Administrative Regulations of the Ministry of Internal Affairs of the Russian Federation for the provision of public services for registration of citizens of the Russian Federation at the place of stay and place of residence within the Russian Federation,” approved by Order of the Ministry of Internal Affairs of the Russian Federation No. 984 of December 31, 2017.
7. Points 2, 2.2, 23, 24, 26.1, 32, 33, 34, 48, 49, 50, 52, 56.2, 57, 58, 60, 62, 63, 80, 82, 86, 87, 90, 91, 92 , 93, 97, 99, 102, 118.2, 118.2.1, 118.2.2, 118.5, 118.7, 118.7.1, 119, 121, 123, 139, 140, 143, 144, 149, 151 of the Administrative Regulations of the Ministry of Internal Affairs of the Russian Federation on providing public service for registration of citizens of the Russian Federation at the place of stay and place of residence within the Russian Federation,” approved by Order of the Ministry of Internal Affairs of the Russian Federation No. 984 of December 31, 2017.

What documents will be required

Required documents:

1. Application in the prescribed form (issued on site).
2. Passport of the person registering in the housing (child’s birth certificate).
3. Documents establishing the rights to the apartment. Depending on the type of room, this may be:

- certificate of ownership of the apartment or part of it;

- warrant, social, municipal, official employment contracts (or their number should be indicated, since they are at the disposal of state bodies and their submission is not required);

- a court decision on moving into housing can also be a special document.

1. Passport of the owner or tenant.

Additional documents:

1. When registering in a municipal square - permission from municipal services.
2. If the apartment is in shared ownership - permission of all property owners.
3. If the apartment is on social rent and a non-family member is registering, the consent of all adults is required.

In these two cases, third parties may be required to personally appear and sign on the application, or each of them must sign their own document. It is also possible to provide a notarized permit.

1. When registering in a communal apartment, everything will depend on whose ownership the square meters are - relevant documents will be required either from the owner or from the municipality.
2. If there is a document stating that the person was discharged from the previous place, but in principle the discharge process can occur automatically at the time of new registration.

The specified list is submitted to the subscriber department or to the Multifunctional Center for the Provision of State and Municipal Services (MFC).

Documents can also be provided to authorities through State Services in electronic form.

List of required documentation for filing an application

• Documents from those wishing to register:
  application in the form prescribed by law;
• identification document (passport or birth certificate if the applicant is a minor);
• a male person additionally presents a military ID.
• From home owners:
  passports of each of them;
• written consent of each person for the registration of this citizen;
• documents for the apartment.

As mentioned above, an application with the collected documents is submitted to the department of the Federal Migration Service . To confirm that the documents have been submitted, the applicant is provided with a certificate confirming that he is awaiting registration.

Municipal housing

The tenant of a municipal apartment has the right to register both temporary and permanent residents in it (Article 67 of the Housing Code). But there are certain rules here. How to register a person in a municipal apartment legally and without legal delays?

If you can register any number of individuals in your own apartment and the law does not limit the owner in this, then in municipal housing the number of meters of living space per person is considered (in different regions from 8 to 18). If the footage does not allow, it is not possible to register a person.

The registration permit is issued by the Property Management Department after reviewing the application, subject to availability (that is, if the meters allow). The only exception to this rule is the registration of minor children. The child is registered with the parent, regardless of whether there are conditions for this, and permission is not required.

Family members of the employer are registered with his consent without obtaining permission from third parties. This applies to the following relatives:

• spouse);
• children;
• parents.

But how can you register a stranger in a social rented apartment? This will require the consent of everyone else registered, even if you are the main employer.

Is the consent of others required?

Government Decree No. 713 of 1995 establishes a complete package of documentation that is necessary to carry out the registration process in privatized housing. From the text of this document it follows that registration requires only the consent of the owner.

In practice, many are faced with a situation where the competent authorities request the consent of everyone who lives on the square meters in question.

How to register with your husband in a privatized apartment? Will the consent of others be required? If the premises are owned by several people, then registration will not be possible without their consent. If only the husband is the owner, and the other residents are simply registered there, then you do not need to obtain any approval from them.

Is it possible to register a child in a privatized apartment without obtaining the consent of the other residents? In this regard, the law states that a minor child is registered where his parent is registered. The procedure does not require anyone's approval, including the owner.

Communal apartment

Unfortunately, there are no fewer communal apartments these days. On the contrary, very often former close people become strangers, divide their accounts and either live in the same area as in a communal apartment, or sell their part to others.

Communal housing is housing in which several owners live (and they can be not only individuals, but also the municipality), they have a living space allocated for each, as well as places for common use.

How to register another person in a communal apartment? The owner of a communal apartment has all the rights of an ordinary, sole owner. He can register anyone for his living space, the main thing is that this area is allocated in the form of a separate room.

If the communal apartment belongs to the municipality, then the rules of the municipal apartment apply. When registering other persons, it is necessary to obtain permission from the Department and other persons registered. When receiving permission from the municipality, compliance with area standards also plays a big role.

2 room apartments on Moskovsky Prospekt Go to

Timing and cost

How long to wait for the result? The processing time directly depends on the place of application. For example, the Main Department of Internal Affairs of the Ministry of Internal Affairs of Russia has the shortest processing time, which is 3 days . In other places of application, the waiting period will be on average 6-7 days .

How much does it cost?

registration procedure is absolutely free . It does not require any mandatory payments and is not subject to state duty.

This means that the costs can only be additional. For example, if the applicant resorted to the help of a representative under a power of attorney, he can pay for the corresponding services .

What documents are issued as a result?
When an adult is registered in a privatized home, a mark (stamp) is placed to confirm that the procedure has been completed.
If the registered person has not reached the age of 18 , then he is issued a separate certificate of registration. All additional registration certificates are issued separately upon written request.

Registration in the apartment of a sole owner

If a citizen owns an apartment individually (has entered into a housing purchase agreement, received it as an inheritance, through a deed of gift) on the basis of a document of ownership, then without asking the permission of third parties, he has the right to register any person. This could be a close or distant relative, or a complete stranger. In this case, the registration of the owner himself does not matter.

How to register a person in a privatized apartment? If a person already owns a home, registering other persons in it is no different from the rules that apply to apartments purchased or received by inheritance and gift. If there is not one, but several owners, then we will consider this option below.

There is only one way to register a person in an apartment without the consent of the owner. A housing rental agreement must be registered through the MFC or in Rosreestr. In this case, the tenant has the right to independently, but temporarily (for the period of validity of the contract) register himself without informing the owner. The owner has the right to challenge this decision only in court.

Without ownership

Any citizen registered in the residential premises of another person has no property rights, even if permanent registration has been issued. Registration in a privatized apartment only provides the right to use the apartment. Despite the fact that a person does not have the right to fully dispose of the premises, this can still lead to serious problems in the future. Most often they are as follows:

1. Refusal to check out of the apartment.
2. Registration of children without notifying the owner. You need to understand that it is almost impossible to discharge minors, even through the court.
3. Refusal to evict. The registered person has full right to reside in the given territory.

It is important to know that citizens registered before privatization can claim a share in the apartment. Even if they refuse it, it will be very difficult to discharge them.

To avoid problems of this kind, an agreement on the use of residential premises should be drawn up. It describes all the nuances and duration of a citizen’s stay. In addition, it is useful to have this agreement certified by a notary. Then, during legal proceedings, the agreement will be considered as evidence.

Registration in an apartment with shared ownership

How to register a person in an apartment with the owner if the other owner is against it? The answer is clear - no way. Again, there is one exception - minor children. But any other, even the closest relatives - parents, spouses, children of the owner over 18 years old and others, do not have the right to register with one of the owners if the other is against it.

In addition, if one of the owners is a minor, consent to registration of any person (even his parent) is issued with the permission of the guardianship authority.

The only way out of this situation (especially when the husband and wife plan to live together, but the owners do not give this opportunity) is to donate part of your living space to the person you want to register.

There are situations when persons who do not own property are registered and living in an apartment. How to register a person in your apartment if others registered are against it? The MFC or passport office will not ask for permission from them. Registered people only have the right to use the property, they do not have the right to dispose of it.

The legislative framework

What laws should you rely on :

• The Housing Code of the Russian Federation establishes the rules for registration and standards for residential premises to make it possible;
• The Civil Code of the Russian Federation defines general rights, for example, the right of the owner to register someone on the premises;
• The Criminal Code of the Russian Federation establishes punishment for providing fictitious registration;

• 
  Law No. 5242-1 of June 25, 1193 Allows citizens to change places of residence and stay in compliance with registration standards;

• Government Resolution No. 713 regulates the implementation of the procedure for obtaining registration;
• The Code of Administrative Offenses of the Russian Federation imposes a fine on those who are not registered anywhere beyond the period specified by law.

You can find out how to register in a dacha, in a village or town, in a SNT (garden partnership), in a hostel, in a communal apartment, as well as whether you can register in an apartment or loft from our articles.

What are the consequences of registering a person in an apartment ?

Registration of minors

As mentioned earlier, you can register his child in an apartment in which a parent is already registered with virtually no restrictions. This applies to both owned apartments and service, municipal, and communal apartments. The only thing is that if a parent is registered temporarily, then the child can only be registered for the same period. The permission of the owners, the tenant, the Department is not required, and their presence is not required.

Usually newborn children are registered in this way, but there are cases when older children live or remain without registration. The law protects minors by allowing them to live at the place of residence of their parents. This applies not only to relatives, but also to adopted children. At the same time, the parent is not even required to document ownership of the property or that he is the tenant.

How can you register a child if you require the permission of the second parent (if they are not registered together)? This issue is quite controversial, since according to the law, any parent can register their child with them. Most often, the mother's consent is required if the child is registered with the father. You have the right to refuse to provide such a document, but you should keep in mind that the resolution of your issue will simply be delayed.

Possible problems

Before registering a person in a privatized apartment, you should carefully weigh everything and think about the consequences. They may be as follows:

1. Refusal of a citizen to be discharged. If it was registered on the premises before privatization, then even the court will not be able to resolve the issue.
2. Registration of other strangers, including children, as a registered person. The likelihood that they can be discharged before reaching adulthood is very low.
3. Reluctance to leave the apartment. A person's permanent registration in a privatized apartment gives him the right to live in this living space until he is discharged.

When registering for temporary registration, such problems do not arise, since the nuances and terms of residence are specified in the contract. At the end of the agreement, the tenant loses all rights. They can only be restored by extension.

If one of the parties is missing

During registration, both parties must be present - the one with whom they are registering and the one who is registering. This does not apply only to cases where the housing is owned by government agencies - in a municipal or communal apartment, where the owner is the municipality, it is enough to provide permission from it.

If the owner of the property is absent, you can register without him, provided you have a specially certified permit. The document can be certified by a notary, and if the person is in a hospital, then by the chief physician.

How to register a person in an apartment if he himself is absent? At State Services you can submit documents in advance, but in any case, the presence of the person being registered or his authorized representative is required during registration. The power of attorney must be notarized by visiting a notary in advance or inviting him to your home.

Children are not required to be present during registration.

Where to contact

In order to register a person, you can contact any of these organizations:

• in the MFC;
• Passport Office;
• FMS or FMS (Federal Migration Service and its Directorate).

You should know that the latter authorities are the ones that deal with registration, and the documents will still get to them from the MFC or the subscriber department. That is, the first two bodies are intended to simplify the procedure and help citizens with registration.

The most accessible way at the moment is to register for an apartment through the MFC. Moreover, this can be done at any branch closest to you, regardless of where you live. There are many specialists in the centers, there are fewer queues, and the process of accepting documents is faster.

Many Federal Migration Service have special days when you can submit documents for registration. But usually these days a lot of migrants and people with certain registration problems are accepted, so it is so convenient that there is another way to submit documents for registration.

Registration of relatives

Do you want to register in an apartment, but don’t know how to register with relatives in a privatized apartment? The process of registering relatives is carried out on a general basis. The only peculiarity is that if you indicate your relationship in the application, you will not have to submit a certificate confirming your resident status to the authorized bodies. This simplifies the process.

Some people are concerned about how to register with their parents in a privatized apartment. If we are talking about adult children, then the registration process with parents is standard.

To avoid conflict situations in the future, it is also recommended to enter into agreements with relatives. This is especially true when it comes to permanent registration. The residence agreement can be concluded in the following form:

1. Lease agreement.
2. Agreement on free use of premises.
3. Other types of written agreement within the scope of the law.

In addition, you should protect yourself in such matters as the length of residence of a person registered on a permanent basis. To do this, the document should note:

1. Situations in which the tenant is obliged to voluntarily check out of the apartment.
2. Conditions when a resident must move out.
3. Impossibility of registering other persons in the apartment, with the exception of children. It is impossible to prohibit the registration of children, since a minor child is registered in the same place as the parent.
4. Inability to manage square meters, rent them out, sublet them, etc.

Registration procedure through State Services

Many people use a simplified method of submitting documents to various authorities through State Services. This allows you to save time in queues and when filling out documents.

First of all, the applicant must be registered on the portal and confirm his account. You can register remotely, from your phone, tablet or computer, but in order to confirm your identity, you must personally come to the MFC, provide your passport and indicate your credentials.

After this, all the above documents are submitted scanned or photographed (in good quality). And all that remains is to wait for the message (in the form of SMS and email)

The easiest way to register a person in an apartment is through State Services, but do not forget that in any case you will have to come in person and provide permission for registration, or get permission from a notary, paying additional money. But there is an opportunity to save time and avoid standing in lines.

We have reviewed all the basic rules on how to register any person in an apartment through government services, the MFC, the passport office or the Federal Migration Service, for various forms of ownership of the living space. In fact, the process is not complicated; in just 7 days you can receive the coveted stamp in your passport or temporary registration paper.

SECOND CALL, EVEN MORE ALARMING...

Some time passed. And one Saturday, on such a cloudy rainy day, the intercom rang again. And again they want to see P.V. Eremenko.

Remembering the previous normal conversation with a normal person, we immediately invited the man to come to our apartment. Later we realized that it was a very risky decision, but everything worked out.

This time, the young man was looking for our elusive Eremenko for this reason. Eremenko persuaded his friend to take out a loan for her for 100,000 rubles and, of course, did not repay this loan. And she disappeared.

The young man went on the hunt and the tax office gave him our address!!!

We've arrived again...

As a result, he came to us with his bandit friends (they were standing downstairs at the entrance) and was thirsty for blood.

We managed to avoid bloodshed and calmly found out everything without a “support group.” I didn’t think twice about it and the next day I ran to the police.

Step-by-step instruction

1. If you have registration in another place of residence, you must register. This rule applies if you have a residence permit in another city. We wrote about how to check out of an apartment and register in another one here.
2. It is necessary to resolve the issue with the owner of the apartment.
3. Go to the passport office together.
4. An application form No. 6 is filled out.
5. A package of collected documents is provided.
6. The owner gives written consent to the registration.
7. The registrar checks the presence of the owner and reviews the submitted documents.
8. The registrar takes the passport.
9. A certificate is issued that contains the deadline for appearance.
10. On the specified date, a person seeking registration must appear at the passport office, where he will pick up a stamped passport.

Where to go?

Most often, registration is completed at the passport office of the management company. Also, this may be the passport office of housing and communal services, HOAs and other organizational and legal forms of managing an apartment building.

If there is no or impossibility of contacting such organizations, you can contact the Federal Migration Service.

What documents are needed?

All documents listed below must be available in the form of originals and photocopies.

• Passport of the owner of real estate.
• Passport of the registered person.
• A certificate of title or other document showing the title to the property.
• Departure sheet (if available).
• Written consent of the owners to carry out the procedure.
• If there is a legal representative in the case, a notarized power of attorney.
• Application on form No. 6.

If you save your time, you can make an application at home.

This is what the departure sheet looks like:

Where to submit?

Documents are collected in a single folder and checked for legality. They are provided to the passport office of management organizations or to the window of the nearest FMS office. No other organizations are anymore authorized to carry out similar procedures.

Deadlines

The passport office has established regulations that suggest that the procedure for stamping a new registration address will take from 3 to 7 calendar days. An employee of the registration authority will tell you the exact date.

Cost and state duty

The procedure for deregistration and subsequent transfer to a privatized apartment does not involve any fees in the form of state duties and taxes relative to the state. This procedure will be absolutely free for you.

But, if citizens, after the deregistration procedure has taken place, do not register at their new place of residence within 7 days, then the administrative code imposes liability on them, which provides for the payment of up to 3,000 rubles. fine in favor of the state.

What comes after?

After carrying out such a procedure, the registration authority issues the citizen a passport, which contains a stamp indicating the presence of a new registration . The passport office does not issue any more documents.

This registration mark is placed on the identity document and does not require additional confirmation.

This is what the registration mark in the passport looks like:

Features and nuances

If for some reason the owners are against your registration or the registration authority refuses to carry out a similar procedure in relation to you, but you believe that your demands are legitimate, you can file a claim in court. To do this, you need to draw up a statement of claim and attach papers proving your case.