On the territory of the Russian Federation there are municipal, private and state housing stock. Each residential property belongs to a specific type. The municipal fund is owned by the municipality. The main purpose of this type of real estate is to satisfy the population's demand for housing.
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Citizens have the right to live in apartments owned by the municipality and even rent them out.
However, they cannot perform certain actions with such real estate, for example, sell it, give it as a gift or exchange it.
Citizens live in municipal apartments on the basis of a social tenancy agreement. This document is a document regulating the relationship between the landlord and the tenant. Since such housing remains relevant at the moment, many people are concerned about the issue of registering in it.
Registration in a municipal apartment is possible, but it has some differences from registration in other types of housing.
General rules
To register in the premises, a document is required that gives the citizen the right to move in. In the case of registration in a municipal apartment, such paper is a social tenancy agreement.
The easiest way is for the employer to register in such housing. But besides this, registration can be obtained for the relatives of this person:
- husband or wife;
- children;
- parents;
- other family members.
A person who is not a relative of the employer can also register in the premises. However, some conditions must be met.
What are the grounds for registration?
Before registering a relative or child, it is necessary to find out whether the owner and other persons living in the property want this.
Moreover, a third party can be registered temporarily or on a permanent basis. Temporary registration implies residence of a citizen without property rights. And permanent registration will allow the new resident to take part in the privatization of the apartment on equal rights.
The main aspects are specified in legislative and regulatory documents:
- Constitution.
- Housing Code.
- Bill No. 52420-1 of June 25, 1993 “On the right of citizens of the Russian Federation to freedom of movement...”.
- FMS Regulations.
- Article No. 713 of July 17, 1995 “On approval of registration rules...”
The legislative framework
Social rental of premises is discussed in Chapter 8. Housing complex of the Russian Federation. Article 70 of this document contains explanations of the grounds for moving into municipal housing.
The rules for registering citizens of the Russian Federation at the place of stay and place of residence can be found in RF PP No. 713 and Federal Law No. 5242-1. This document was last updated on May 25, 2021.
Registration in a municipal apartment
Registration of housing used by residents on the basis of a social tenancy agreement is in all cases carried out by FMS employees. But you can submit documents for registration to another authority - an intermediary between the Federal Migration Service and the population. The registration procedure is absolutely free.
If several people are registered in a municipal apartment, then they have equal rights and responsibilities.
In particular, they are required to pay utility bills on time on a monthly basis. In case of non-payment, the apartment owner has the right to evict citizens.
Citizens face a fine for living in municipal housing without registration.
Constant
Municipal housing has its own characteristics. One of them is the inability to obtain permanent registration.
However, every person registered in a municipal apartment has the right to participate in the privatization procedure. If it is possible to legally privatize such housing, it will be possible to obtain permanent registration in it.
Temporary
In municipal housing, you can obtain temporary registration without much difficulty. It gives the same privileges as permanent registration, but for a certain time (until the validity period ends).
The validity period of registration is determined by agreement with the owner of the premises. The minimum period is six months, and the maximum is 5 years.
The certificate of registration at the place of residence is valid for the period of temporary registration, after which the registration is automatically canceled.
If necessary, a citizen can obtain temporary registration in municipal housing, while having permanent registration in his own housing at a different address. Permanent registration will not be cancelled.
Wives to husband
Registering a wife with her husband is quite simple. In this case, a marriage certificate will help prove the existence of a relationship. The registration procedure for the wife must be carried out with the participation of the husband. All papers must have the signatures of both spouses.
Relative
A simpler registration procedure applies to the spouse, children and parents of the tenant.
Other relatives can be registered in municipal premises with the consent of the remaining residents and the tenant.
However, amendments to the current legislation are currently being prepared, according to which the tenant of a municipal apartment will be able to register a relative in it at his own request.
After registration, a relative of the tenant will be able to claim a share in the premises.
Not a relative
A person who is not a relative of the tenant may be registered in the apartment subject to the following conditions:
- All citizens living in a municipal apartment provided their consent to the registration of an outsider.
- The standards for living space allocated for one person have been met. These area sizes are determined by the local government of the region independently.
- The municipality provided its consent.
If any of the points are not met, the citizen will be denied registration, and such a refusal will be considered legal.
There are certain risks when registering a stranger in a municipal apartment. The main one is that this citizen can theoretically subsequently take part in the housing privatization procedure.
In addition, it is quite difficult to evict a registered citizen from the premises; for this there must be significant reasons, for example, the person’s failure to pay utility bills.
If a citizen does not pay for accommodation within 6 months, he can be evicted from the apartment through the court.
Temporary registration in the hostel is issued in the manner prescribed by law. Is it possible to register without personal presence? See here.
Minor child
A child may be registered in municipal housing without the consent of other residents. If his parents are registered at different addresses, then a certificate from the second place of registration will be required stating that the child is not registered there. In addition, the second parent must additionally provide his consent to register the minor in public housing.
What papers will be required to register a child under 18 years of age in municipal housing:
- birth certificate (for teenagers over 14 years old - passport);
- parental passports;
- their marriage certificate;
- certificates certifying the fact of registration of parents.
Newborn
Registering a newborn baby is quite simple. He can be automatically registered in a municipal apartment if the mother is registered there. The father's consent is not required. An important criterion is the correct completion of the required documents.
The mother can carry out the registration procedure for her newborn independently.
What are apartments
Some time ago, a number of offers related to the purchase of apartments for permanent residence appeared on the real estate market. The new wording interested potential buyers, but many of them did not suspect that the acquisition of such premises could lead to problems related to registration.
The apartments or lofts themselves are premises located within the boundaries of a specific commercial facility. Typically, when constructing such a building, developers allocate areas in it, which are later equipped with bathrooms and communications required for comfortable living. Often existing offices located on the top floors, or, for example, parts of workshops in restored buildings of former factories, are rebuilt into lofts.
The main advantages of apartments are their large area and location in the central areas of cities, most often large ones. Such apartments find owners very quickly.
However, if buying a loft is usually no problem, then difficulties may begin. Moreover, these affect one of the civil duties of a person - registration at the place of residence. Therefore, before purchasing, it is important to take into account all the legal restrictions that exist regarding registration in the apartment.
Registration procedure
How to register in a municipal apartment, sequence of actions:
- Collection of documentation necessary for registration.
- Submission of a package of documents to one of the following authorities: FMS, MFC, passport office of the housing department, electronic portal of the State Service.
- Reception of documents at the appropriate authority. Waiting for registration production period.
- Receiving a registration stamp in your passport or certificate in the form of a separate document.
If documents are submitted electronically (on the State Services website), the applicant is invited to visit the FMS office on the specified day and time to receive the result of the service.
What is needed and what documents?
To register in housing belonging to the municipal fund, the applicant must submit copies and originals of the necessary documents to the authorized body.
What documents need to be provided:
- applicant's passport;
- statement;
- social lease agreement or order;
- consent from residents;
- consent from the owner.
The Federal Migration Service or another authority will provide the citizen with a form of departure from the previous place of residence to fill out. An authorized officer cannot refuse to accept documents from a citizen.
If you submit an application through the State Services website, the applicant will be asked to fill out some document forms electronically.
A sample application for permanent registration is here,
A sample application for temporary registration is here.
Whose consent is needed?
Registration in a municipal apartment is possible only with the consent of:
- all residents;
- owner of the premises.
Therefore, the applicant must visit the office authorized to accept documents with all residents of the apartment (except for young children).
Residents of the premises may not appear in person at the department, but only convey their consent in writing, certified by a notary. Also, the powers of other residents can be transferred in a one-time power of attorney.
Consent from the owner of the premises can be issued in any form in the presence of an employee of the FMS/MFC/passport office. This paper must contain information about the tenant and the address of the property.
A sample of the owner's consent for registration is here.
Features for the owner
Registration of temporary registration has certain pros and cons for the owner.
The positive aspects for the owner include the absence of potential problems with the law. If the tenant is registered in the apartment legally, then he does not have to worry about possible penalties from tax authorities or migration service employees.
Many owners are reluctant to register their tenants due to fears that they will eventually lay claim to the property. In fact, such fears are unfounded. Temporary registration does not provide any legal grounds to claim housing, but only secures the right to legally reside in a given living space.
The tenant will not be able to apply for the apartment, even if he invests money in its maintenance and repairs. Ownership rights can only arise as a result of concluding a purchase and sale agreement or registering a deed of gift. They do not arise under a lease or rental agreement.
Of course, temporary registration is not without its disadvantages:
- The size of the utility fee will increase (although usually the responsibility for paying it is shifted to the tenant).
- If a tenant takes out a loan and does not repay it, then collectors will visit the debtor at his registered address.
- All fines from the traffic police will be sent to this address.
- If the tenant is liable for military service and evades military service, then the military registration and enlistment office employees will look for him at the specified address.
Here you can find material on how to privatize a dorm room. Proper execution of a power of attorney for the sale of your real estate will help you avoid troubles. You can find out about this in our informative article.
What is apartment rent and how profitable is it? The link has all the answers.
Deadlines
The registration period ranges from 3 to 8 days - it all depends on how the documents were submitted.
The fastest way to register is to submit documents to the Federal Migration Service or through the State Services website. If the papers were submitted in another way, then registration will take up to 8 days due to the fact that the documents will be moved between transport services authorized by the authorities.
In some cases, a citizen may exercise his right not to provide some documents when registering, but only indicate data from them in the application. At the same time, the registration period will also increase.
Registration of a child in a non-privatized apartment is possible if the parents have registration. How to extend temporary registration for a foreign citizen? Information here.
For what period is temporary registration issued? Details in this article.
Rules for registering relatives
In order to register relatives in an apartment owned by the municipality, the tenant must submit an application to the housing department by filling out the form received from the passport officer. For this you will need:
- Passport of the responsible tenant;
- Lease agreement;
- Departure sheet;
- Warrant for an apartment;
- Application with a request for registration of a relative from the tenant in writing;
- Written permission from the tenant and all adults living in the apartment;
- Permission from the apartment owner (drawn up in free form in the presence of a passport office employee);
It is necessary to provide both originals and copies of all listed documents.
Note! When submitting documents, the personal presence of all apartment residents is required, with the exception of young children. If it is not possible to be present in person for some reason, you should provide a one-time power of attorney to transfer your powers or consent to registration, certified by a notary.
Going to court
Any citizen of the Russian Federation has the right to appeal a decision regarding his registration in court.
Having permanent or temporary registration gives a citizen some significant privileges.
Therefore, it is worth going to court if, in the opinion of the applicant, the municipal organization provided an unlawful refusal of registration. A claim filed with the court is considered promptly. At the end, a decision is made in favor of the landlord or the applicant.
What reasons for refusal of registration most often appear in statements of claim in court:
- the living space standard has been reduced;
- the owner does not give consent;
- controversial issues during registration in garden-type buildings.
There is a possibility that the court's decision will be in favor of the applicant. This is facilitated by a competent presentation of the case in the claim. But even in these cases, the municipality sometimes tries to challenge this outcome of the case by denying the person registration.
In any case, after the court decision enters into legal force, registration in a municipal apartment is carried out on the basis of a court order and within the time frame established by the court.
How to register in an apartment: law of 2021
So, if a person purchased an apartment for the purpose of living in it, he will need to register in it, preferably on a permanent basis. However, despite the available amenities and functioning communications, such apartments are still considered commercial space, which means they belong to the non-residential stock and living in them is excluded. As, indeed, in any other territory that has such a status.
But if a loft is offered for purchase as a place to live, there must be some options. And, of course, they exist, and they are absolutely legal.
Due to the fact that the purchase of apartments is becoming more and more popular every year and the growth of sales for such apartments is constantly growing, a number of rules have been developed to allow registration in such premises. Here you should rely on the law of the Russian Federation No. 5242-1 and the Decree of the Government of the Russian Federation No. 713.
The main points regarding registration are as follows:
- Permanent registration in the apartments is not permitted. This is due to the fact that the premises belong to commercial real estate, and therefore are part of the non-residential stock. In such territories, indefinite registration is not possible.
- Temporary registration in apartment apartments is allowed. However, the procedure is only permissible if the owner (and initially the developer) has documents indicating that the loft is equipped with all amenities (bathroom, communications), which means that it can be equated to a hotel-type premises. The latter means a room (or several) intended for temporary living. These include premises in sanatoriums and hotels. If the owner has the necessary documents confirming the availability of amenities, then temporary registration is possible without problems. Otherwise, the apartment will first need to be assigned the status of a hotel-type premises.
- The maximum period of temporary registration is 5 years. Moreover, after the expiration of the period, registration can be extended. The new period will depend on the wishes of the applicant. The number of extensions is not limited. That is, a person can renew temporary registration as many times as he needs. This will only require the consent of the owner of the premises, and since the applicant himself acts in his role, no problems will arise.
In addition, a project regarding registration issues in lofts is still under consideration. It is expected that the conditions of the new law on registration in apartments will make it possible to document the fact of residence in premises of this type on an indefinite basis. In this case, lofts and other similar apartments will be considered residential premises.
It is worth clarifying that in fact, the procedure for permanent registration is already available. However, to register, the owner will need to independently go through a lengthy and rather complex process of transferring the premises from non-residential to residential. The process involves numerous checks and collection of documents to prove that the apartment complies with sanitary and fire safety standards. The owner will need to confirm the availability of amenities required for 24-hour occupancy.
Such a request should be submitted to the local administration. But you should be prepared to resolve the issue through the courts. Practice shows that most often decisions to change the status of a premises are made by the highest authority.
