The procedure for registration in a non-privatized apartment

The term “propiska” in Russia has long been replaced by “registration”, but the word has turned out to be so tenacious that even employees of passport offices still use the term. In everyday life, both definitions are used with equal frequency. The owner can register either a relative or a stranger in his apartment.

But registration in housing owned by several owners is possible only with the consent of all of them. There is one exception to this rule - if one owner wants to register his minor child, then the permission of the other co-owners is not required. A natural child or an adopted child - it doesn’t matter.

The sole owner has every right to register anyone he wants, even without being registered in this housing himself. In this case, neither the size of the apartment nor the degree of relationship (or lack thereof) is important.

If the owner is not allowed to register a person with them, citing a lack of square meters according to the social standards of the region, it is worth seeking help from a lawyer. Because in this case such rules do not apply.

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Normative base

There is no separate law relating to such real estate. All situations related to registration at the place of residence are regulated by the following regulations:

• Civil Code of the Russian Federation;
• Government Decree No. 713 of July 17, 1995;
• Federal Law No. 5242 dated June 25, 1993.

To go through the registration procedure in a non-privatized apartment, you must submit documents through the MFC or the Main Department of Migration Affairs of the Ministry of Internal Affairs. The application form must be completed on site. Consent from registrants is also required.

Where to submit?

The registering authority is the Main Directorate for Migration of the Ministry of Internal Affairs. An application for registration is submitted there, registration is made and all information about registered persons is stored there.

Apply for registration directly to the migration service offices or this can be done through the following services:

• Passport Office;
• Multifunctional Center;
• Internet on the State Services portal.

Details:

1. If there is a passport office , then you need to go there. It is located closest to home, there are no queues there and the passport officer will help you fill out the documents correctly.
2. MFCs are gaining popularity, but since they accept documents for many other services, not just registration, there may be a long queue and the waiting time can be very long.
3. A convenient form of submitting an application for registration is on the Internet, through the State Services portal , but for this you need to be a registered and identified user of the portal.

Grounds for registration

The administration enters into a social rental agreement with the responsible tenant. This is the main document used for registration. Is it possible to register in a non-privatized apartment? This is the main reason for registration. The following categories are eligible:

• spouse;
• parents;
• children.

The rest can be specified by the employer, but in the general management of the household. There are cases when a person includes himself among family members on the basis of a court decision.

Relative

Without the consent of other persons, those under 18 years of age are allowed to register in municipal housing. In other cases, it occurs by voluntary consent. How to register a relative in a non-privatized apartment?

Simplified rules apply to:

• children;
• spouses;
• mother or father.

Other persons require not only permission from other residents, but also the availability of sufficient space. If it is less than the norm, the authorized body will refuse to accept documents.

stranger

Registration is carried out legally, as is the case with owned real estate. But there are some nuances. Is it possible to register a stranger in a non-privatized apartment?

Is it possible to register an outsider?

The legislation does not prohibit the owners of residential premises from registering strangers, but here it is worth considering a number of inconveniences that may arise after receiving a mark in the passport :

• The owner of the apartment will not be able to freely dispose of his property: for example, when selling, the consent of all registered residents will be required.
• If you register a stranger who has a minor child in the living space, he will be able to register him without the consent of the owner, and he will be able to register him only after he reaches the age of majority.

It is also worth considering the type of property:

• Privatized apartment. Any person can be registered, because the owner is free to independently dispose of his property. The number of registered persons is not limited by law.
• Municipal. Here, the consent of the landlord and all citizens registered in the living space will be required.

If the living space was purchased with a mortgage and the debt has not yet been repaid, it is necessary to obtain the approval of a credit institution to register a stranger or relative there.

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Permanent and temporary registration

Registration in a non-privatized apartment is allowed in two options - at the place of residence or address. In the first case, registration is not limited by time. In the future, it is possible to participate in privatization on an equal basis with other residents.

Is temporary registration allowed in a non-privatized apartment? It is possible, as in the case of property. The only difference from a permanent one is the limitation in action, which is set by the employer. You can extend it in the future. Temporary registration in a non-privatized apartment is allowed for a period of 3 months to 5 years.

Timing and cost

Currently, this procedure has become absolutely free .

Housing department or HOA employees can only offer to fill out documents for a fee; this requires your consent.

A citizen can refuse the service and complete all paperwork independently using the provided samples.

Employees of the organization are required to provide you with samples of filling out all the necessary forms. Registration deadlines range from 3 to 7 days , depending on the organization to which you submitted documents.

Registration without ownership rights

The owner of municipal real estate remains the municipality, even if new persons are registered. It is he who has the opportunity to dispose of the housing stock. Therefore, registration without ownership rights is carried out in all cases. It only provides a place to live. The possibility of acquisition arises only after privatization by mutual agreement between all those registered.

Rights of residents in a non-privatized apartment

Such real estate is different from your own. But the difference is small, except for the ability to make transactions. This is only permissible if there is a title document. The rights of a tenant in a non-privatized apartment are as follows:

• use for one's own purposes;
• further registration of property;
• moving in children under the age of majority;
• obtaining another municipal housing in the event of an emergency or exchange.

The possibility of privatization plays a key role. It is important for an employer to think before registering someone. The rights of those registered in a non-privatized apartment are lost only after deregistration. Otherwise they are the same as those of other individuals.

Rental

Registered people can not only personally stay in the apartment, but also receive money for it. It is possible to rent out individual rooms and the entire property. Even in the first case, there should be no opposition from residents. Many people are interested in whether it is possible to rent out a non-privatized apartment. It is necessary to obtain the consent of all registered persons. Then a formal contract is concluded with the tenant for the required period.

Legal requirements

If the apartment is not privatized, can new residents be registered in it? Municipal housing is real estate that has a certain legal status.

In fact, it is the property of local governments .

Citizens are his employers, therefore, their rights are somewhat limited compared to owners of their own real estate.

Unlike registration in your own housing, the registration of which is carried out in accordance with the Civil Code, procedural issues for municipal housing are regulated by Article 70 of the Housing Code.

It is this document that contains the regulations for moving into and registering housing of this status. According to it, the employer cannot register a new tenant without the consent of all adult citizens who are already registered in the given territory.

At the same time, there are conditions under which the tenant may be refused registration for another tenant, if after that the share of each is less than ten square meters of living space.

The Housing Committee separately considers the issue of registering a newborn child or a new family member.

Registration by law in these circumstances involves changing the housing contract and adding new participants to it.

In addition to the residential complex, the registration procedure is regulated by Government Decree No. 713 of June 17, 1995 and Federal Law No. 5242-1. These documents define the procedure for submitting an application and provide a list of those responsible for its preparation.

After the death of the tenant

If the tenant was registered alone, the right of residence to interested persons is not granted. The property is transferred to the municipality. He passes it on to others in need.

After the death of the tenant, the non-privatized apartment remains with the registered citizens. An employer is selected from among them and will enter into a new contract on the same terms.

If the main tenant in a non-privatized apartment dies, relatives can obtain his powers in court. This applies to those persons who did not live with him.

Registration without personal participation of the owner

Many citizens are interested in whether it is possible to register in an apartment without the presence of the owner. This issue is not clearly regulated by law. According to the general procedure, all activities related to the registration of a person take place with the consent of the owner of the premises and in his presence. But there are exceptions to every rule.

A legal way to register in an apartment without the presence of the owner is to issue a power of attorney from a notary. Its presence allows the intermediary to represent the interests of the home owner.

However, registration by proxy is problematic. Under certain conditions, registration authorities may receive a refusal.

And although most migration departments of the Ministry of Internal Affairs still accept a power of attorney, it is worth consulting in advance on a specific situation at the nearest migration service department or passport office.

Controversial issues arise due to the lack of clear regulation of the process of registration with the owner without his presence and the simultaneous absence of a direct prohibition on this action.

Registration procedure

First you need to reach an agreement with the employer. This is the main condition, without which registration is not possible.

You need to prepare documents, contact the Main Department of Migration Affairs of the Ministry of Internal Affairs or the Multifunctional Center. An application from the employer and the person being registered is filled out on the spot. It is signed by the remaining residents who have reached the age of 18.

The employee will check the completion, make copies of the documents and set a date for re-application. During temporary registration, a certificate is issued on a separate form indicating the registration period. In the case of permanent registration, they take away the passport, which is stamped.

Required documents

To register, you must submit an application in the prescribed form; the corresponding form can be obtained on site. It is important to determine in advance what documents are needed for registration. For this you will need:

• passports of the registered person and the employer;
• certificate of departure from the previous place;
• social rental agreement;
• application from all residents;
• extract from personal account and house register.

An employee will check that the data is filled out. After this, a date is set when you can apply for ready-made documents.

Deadlines

The review period depends on the location of the application. How long does it take to register for an apartment? The responsible employee is given 3 days from the date of receipt of the documents. If some information is missing, the period may increase to a week. When an application is submitted through the MFC, additional time will be required for shipment.

Subtleties of registration at the place of residence in a privatized apartment

To register a relative in privatized housing, the consent of all adult owners is required. Owners with a registered citizen must come to the MFC, Federal Migration Service or Housing Department to complete the necessary documents. If one of the owners, for health reasons or other reasons, cannot appear at the passport service, he has the right to issue a notarized power of attorney for the other owner or notarize a statement of consent to move in a new tenant.

The procedure for both permanent and temporary registration in all regions of Russia is free for both parties. An exception is the registration of foreigners. They will have to pay a state fee of 350 rubles.

Is it possible to register in an apartment without the presence of the owner?

Today, it is almost impossible to register a person without obtaining the consent of the owner of the residential premises.

In order to avoid queues at government agencies responsible for registering citizens, the Russian Government, by its resolution, tried to simplify the registration procedure, which implies registration without the prior consent of the owner.

According to the law that has come into force, it is enough for a citizen to know the passport details of the home owner and provide a completed registration application form through the State Services website. In this case, the owner of the residential space receives notification of the registered new tenant within three days.

The indignation of homeowners forced the structures responsible for registration to abandon this practice, due to the increasing incidence of fraud in the real estate market. Properly assessing the current situation, the Russian Federal Migration Service issued an internal order for the structure entrusted to it, which placed strict control over the registration procedure of citizens.

According to the order of the Federal Migration Service, when registering a residence permit, the presence of the owner of the home is mandatory, which is confirmed by the consent received from him for registration. The legislative act also provides for the absence of the owner during the procedure, but in this case it is necessary to provide a completed and notarized form confirming the consent of the apartment owner.

Registration without the consent of the owner of the living space is possible only in a few cases:

• if a newborn child is registered in the apartment where the parents are registered;
• if a minor child can be registered in the residential premises with one of the parents already registered there;
• if a citizen, for any reason, has shared ownership in a residential building and has a document confirming this fact.

Attention! If the decision on registration is somehow made without the consent of the owner, the owner of the apartment, protected by Article 31 of the Housing Code and Article 292 of the Civil Code of the Russian Federation, can register unwanted neighbors.

Our website has a lot more interesting information on the process of registering citizens in residential premises. You can find it in the following publications:

• Is it possible to register a person without his presence?
• How many people can you register in one apartment?
• How many people can be registered in a communal room?
• How do you register for a privatized apartment?
• What is the process for registering in a non-privatized apartment and whose consent is required for this?
• How to carry out permanent registration without the right to living space?
• The nuances of registering at the place of residence in your own apartment.
• What is required to register in the owner's apartment?
• Is it possible to register in a mortgaged apartment?

Where to go to apply for registration?

A citizen bought an apartment and does not know how to register in the new apartment.
It is enough to contact the passport office of the housing department and the issue will be resolved. In fact, there are many more options for how to arrange your stay in housing.

Depending on your life situation, you can apply for housing registration:

Direct registration and related data recording are carried out by the migration service. The management company and the MFC only accept documents and transfer them to the migration department. And after registration, they are returned to the applicants.

Registration by notarized power of attorney

If the owner goes on a long business trip or is in prison, he can draw up a power of attorney and have it certified by a notary.
A power of attorney gives the right to a person chosen by the owner to dispose of the property until the power of attorney expires. In this case, the following documents will be required for registration:

• passports of the persons being registered and the person for whom the power of attorney was issued;
• photocopies of owners' passports;
• consent of the authorized representative and all registered citizens;
• statements from registered citizens and authorized representatives;
• documents for an apartment or house;
• agreement with housing and communal services;
• receipt of payment of state duty;

This method of registration without the presence of the owner may receive a negative decision. For example, often the passport office may not accept a power of attorney for a third party who is not a relative of the owner. Such decisions are often made if the owner is an elderly person who cannot independently reach a government office. In such cases, passport office employees begin to suspect the fraudulent actions of “black realtors.”

If you are the owner and you are not able to be present at the time of filing the documents, issue a power of attorney to the person registered in your apartment or house. This could be your children, parents or any other blood relation. A power of attorney is issued only to an adult.

Registration with notarized consent

Even if you have a notarized power of attorney in your hands, the passport office employees may require you to bring the written consent of the owner, certified by a notary. Often, such requirements follow if the owner is disabled, cannot independently get to a government agency, but is in the city. According to experts, it is better to immediately provide certified consent than to waste time on drawing up a power of attorney to a third party.

If there are several owners, consent will be required from each. They all need to be certified by a notary and attached to the package of documents for the apartment or house. You will also need photocopies of the passports of all owners.