Registration in an apartment with shared ownership, various registration situations and related nuances

The law obliges citizens of the Russian Federation and foreigners located on the territory of Russia to notify migration services of their location. There is a registration system for this. The law allows registration both in private residential premises and in those owned by municipal authorities. However, depending on the type of property and the type of real estate, the registration procedure and its conditions vary. We will tell you about the registration procedure for an apartment with shared ownership in this article.

Why does a citizen need registration?

Without registration, a citizen of the Russian Federation cannot officially find employment, and will also not be able to send their children to kindergarten or school.

Registration is a requirement for a number of legal procedures.

Accounting authorities

The registration of citizens of the Russian Federation and foreigners is carried out by the Federal Migration Service. It is to its department that documents must be submitted, after review of which the applicant is given a permanent registration stamp in his passport, or is issued a document confirming temporary registration at a specific address.

Registration procedure and deadlines

After being discharged from the previous month, within 7 days, citizens of the Russian Federation are required to register at their new place of stay. Otherwise they will be punished with a fine.

If you do not have a permanent place of registration, you can apply for temporary registration for 90 days.

Basic information

Every person living in the Russian Federation has the right to free movement, choice of address and residence in the country. At the same time, all citizens of the Russian Federation must register at their address of residence or stay. The internal affairs bodies control the registration process of citizens.

What does registration give? Here is just an incomplete list of emerging rights and opportunities:

choosing a school institution based on your area of residence;
receiving social benefits;
receiving free medical care at the district clinic, inpatient treatment at the district hospital;
the opportunity to register to enroll your child in kindergarten;
confirmation of employment address.

Registration in an apartment with shared ownership

The possibility of joint ownership of real estate with the allocation of shares of each owner is determined by Article 244 of the Civil Code of the Russian Federation.

Responsibility for lack of registration comes under Article 19.15.1 of the Code of Administrative Offenses of the Russian Federation.

In the case of registration in an apartment with shared ownership, the interests of all owners of this property are affected. Therefore, the participation of each of them is required. This participation consists of giving written consent to the person's registration. At the same time, from the point of view of the law, it makes no difference whether the person being registered is a relative of one of the owners of the apartment, whether he is a citizen of Russia or a foreigner. The procedure is the same for both temporary and permanent registration.

As for the registration of a minor in such an apartment, he will be registered subject to the registration of the parent in this apartment, if:

The child actually lives there.
The apartment was privatized with his participation.
The apartment was bought using maternal capital, and therefore the child received his share of ownership in it.

At the same time, you need to understand that the child does not necessarily have a share in the apartment in which he is registered.

If other owners disagree

There are a number of situations when you can register a person without the consent of other property owners.

The law allows the registration of a spouse in an apartment where all owners have separate rooms and their shares are allocated in kind.

In this case, their consent to register the share of one of the owners is not required.

Another exception is the registration of the share owner himself. No one's consent is required for this either. The same rule applies to the owner’s children.

Consent of other residents

Registration in an apartment with shared ownership does not require the consent of non-owners of the apartment. That is, if some relatives of the share owners live in it and are registered, their disagreement with the registration of another tenant does not matter.

Possible consequences

What will happen if several people register? If the registration was indeed carried out for persons who live in the premises , then there will be no negative consequences.

For example, if the owner has a large family and many distant relatives or close friends who actually live in the living space, then there is nothing to impose liability for. However, if the living space is “dimensionless”, in which persons who do not live there are registered, then the owner faces criminal liability . According to Article 322.2 of the Criminal Code of the Russian Federation, for fictitious registration, the owner faces one of several types of punishment, the most severe of which is a criminal term of up to 3 years.

However, there is a note to the article, which states that a person who has committed such a crime, but assists in the investigation on this issue and in the absence of another crime, is completely exempt from liability.

Registration procedure

To register, you need to contact the migration service department at your place of residence. Usually this is the passport office at the police station. In addition to a personal visit, you can order the registration service through the MFC office or the State Services portal. But you need to keep in mind that you will still have to come to the passport office in person to receive a registration stamp.

The peculiarity of registration in an apartment with shared ownership is that it cannot be done by power of attorney. Only the applicant himself can register. The presence of the owner of the share in which the person is registered is also mandatory.

The concept of registration

Although the term “propiska” is not used in regulatory documents of Russian legislation, many people habitually use it to mean “registration”. And although there is a fundamental difference between these concepts, in modern realities they are analogues of each other.

According to current legislation, registration of a citizen at a specific address is of a notification nature, but is mandatory ().

Ignoring this requirement will result in penalties. The violator will have problems with employment, seeking medical help, enrolling the child in kindergarten and other pressing issues.

The registration procedure for a dwelling that has one owner is simpler than the registration procedure for real estate in shared ownership.

Design nuances

Since registration in an apartment with shared ownership requires the presence of all apartment owners, the procedure looks quite complicated. But the law allows you to simply obtain the written consent of each co-owner of the apartment, and then their presence at the passport office will not be necessary.

If the owner himself registers in his share or registers a child in it, then the consent of the co-owners is not necessary at all. But if the child is over 14 years old, he must sign the registration application and personally visit the department of the registration authority together with the parent.

If the co-owners are against

The legislation allows registration without the consent of the other co-shareholders if the person being registered is a minor child of the share owner or the owner himself plans to register. Also, without consent, the procedure can be carried out with a share allocated in kind, which is a separate dwelling.

In other situations, if the owners disagree, there are 2 options for further action.

Allocate property in kind. This method is optimal if the subject of the dispute is a premises that has separate living rooms. It is necessary to be able to carry out redevelopment so that exits and communications are non-intersecting.
Sell or donate part of the share to a person who intends to register in it. In the case of a sale, one should take into account the fact that the shareholder has the right of first refusal, that is, he can agree to the offer to buy the property. When registering a deed of gift, the consent of the owners is not required. The disadvantage of this method is the following: the new owner of the share acquires the legal right to dispose of it as he pleases.

In the latter case, it is necessary to take into account the fact that if the donation was not made for relatives, then you will need to pay 13% personal income tax on the price of the transferred property. In a situation where the donation covered the purchase and sale transaction, the remaining co-shareholders have the right to initiate legal proceedings, as a result of which the transaction will be recognized as a sham and terminated.

Which authority should I contact?

In Russia there are three organizations authorized to carry out registration at the place of residence:

Department of the Federal Migration Service.
Passport Office.
MFC.

Foreigners or citizens of the Russian Federation who have moved from other regions of the country are required to register with the FMS.

You can also submit documents for registration in an apartment with shared ownership through the State portal class=”aligncenter” width=”700″ height=”400″[/img]

Set of documents

You must submit to the registration authority:

Applicant's passport.
Birth certificates of children or their passports (for children over 14 years old).
Military ID or registration certificate.
Certificate of release from prison (for those whose criminal record has not been expunged).
Statement.

The owner of the share in which the person is registered must provide a title document for this property.

If a person who lives in the apartment but is not its owner wants to register a relative, then he must provide:

Lease agreement.
Written permission from the owners.
Statement from the owner of the share, which indicates the period of planned stay in the apartment of the registered person.

For temporary and permanent registration, you need to fill out different application forms.

Registration at place of residence

If you have changed your place of residence, for example, by purchasing a share of an apartment, and intend to live there, you must register there within seven days from the date of arrival in your new home. Registration at the place of residence is completed within three days from the date of submission of the application and is confirmed by a note in the passport or a certificate of registration of the child.

The owner of the share, as well as his minor children, are registered in the apartment without anyone’s consent or permission. Registration of a child obliges him to live in this apartment, but if he lives with another parent, such registration may be considered fictitious.

But it will not be possible to register other persons, even family members of the owner of the share, without the consent of the other co-owners of the apartment, and this is not legal, in accordance with Article 246 of the Civil Code.

For reference. At the same time, the size of the share does not matter, even if it is one millionth.

Registration in a communal apartment

The registration processes in an apartment with shared ownership and in a communal apartment are similar. The owners live in the communal apartment under a social tenancy agreement. Their personal accounts are also separated. Communal apartments can be owned by the municipality or citizens.

According to Article 42 of the Housing Code, a share in the common ownership of property in a communal apartment is equal to the ownership of a room.

But, unlike an apartment with shared ownership, the co-owner of a communal apartment does not have to obtain the consent of its other owners to register a new tenant in his room.

It should be taken into account that although the law does not provide for a minimum size of share in which you can register, it will not be possible to register in too small shares of apartments (for example, with an area of 2 square meters). Registration authorities most often refuse in such situations. This is due to the fact that, wanting to register in the capital, people began to buy such tiny shares precisely to achieve this goal.

How to register if co-owners are against

If it is impossible to obtain the consent of the co-owners for registration, but it is very necessary, this issue can only be resolved by donating a share of your share. Let's look at this nuance with an example.

Anna is the owner of half of a two-room apartment. The other half is owned by her ex-husband. Anna is marrying Alexei and wants to register a new husband in her living space, but her ex-husband is categorically against this. Anna gives Alexey 1/20 share of her half. And it turns out: Anna is the owner of 19/40 shares of the apartment, Alexey is the owner of 1/40 shares of the apartment. But the ex-husband’s share does not change. Now Alexey, as the rightful owner of a share in the apartment, can freely register in it.

You may ask - what to do if Anna and Alexei separate and she wants to get her share back? This won’t be difficult either, but Anna will have to spend money.

Due to the insignificance of Alexey’s share and the absence of the possibility of separating it, the court may make a decision on Anna’s claim, which will deprive Alexey of ownership of 1/40 of the share, and collect compensation from Anna in favor of Alexey. If the cost of an apartment with an area of 60 m² is two million rubles, the compensation will be about fifty thousand.

For reference. There are also risks in these actions: it is impossible to count on the court doing exactly this one hundred percent, because according to Article 67 of the Civil Procedure Code, the judge evaluates evidence not only based on the law, but also according to his inner conviction.

And what they are, these beliefs, we cannot know. And the ex-husband can declare in court that he is ready to buy out the share.

Legislative regulation of the issue

Despite the constitutional right of every citizen to move freely across the territory of the state, changing their place of residence at their own request, people must contact the migration service in a timely manner to obtain registration. Staying outside the apartment register is not allowed, and administrative liability is provided for violating this rule. This responsibility was enshrined in Government Decree No. 713 of 1995.

The following regulations must also be taken into account:

The Civil Code, which regulates the grounds for obtaining ownership of real estate, as well as the procedure for disposing of housing;
Federal Law No. 5242 of 1993, which established the procedure for registering citizens for apartment registration.

How to evict an unpleasant neighbor

Sometimes the neighborhood brings a lot of problems to other sharecroppers. The question arises about the forced eviction of such a neighbor, especially if his residence nearby poses a threat to minors.

There are two legal ways to evict a neighbor - challenge his right of ownership of the share by going to court, or offer the person to buy out his share at market value. After the sale and purchase, the neighbor will immediately need to vacate the premises.

If an interested party goes to court to evict a person, the plaintiff will need to prove the illegal acquisition of the right to a share in the housing. For example, the defendant deceived the previous owner or, under the influence of threats, forced him to sell his share. It is necessary to contact a professional lawyer, since it is difficult to prove anything in such cases.

In a situation where the court makes a positive decision on the plaintiff’s application, the neighbor is deprived of his rights to living space.