Registration in a municipal apartment - rights and features of registration

The rights of people registered in municipal housing are regulated by current legislation.

This is stated in the Housing Code of the Russian Federation. This regulatory act describes in detail all the subtleties and nuances associated with living in a municipal apartment.

Not all people have a personal home or apartment at their disposal. Many, due to life circumstances, are forced to rent premises on social rental terms. Such residents may use the amenities or utilities provided to them without restrictions. However, they are somewhat limited in their capabilities regarding the housing itself.

Social tenancy agreement

To be able to use municipal housing, the interested person must enter into a social tenancy agreement. The other party is the owner of the premises. In this case, this is a budgetary authority, an authorized local government body or an official. According to the signed agreement, the owner transfers the residential premises to the tenant. However, the period of such right is not indicated in the document. Any changes in the procedure for renting social housing do not constitute grounds for cancellation of contractual relations. In such cases, amendments are made to the document. The subject of the agreement is the premises - a house, apartment or parts thereof. This rule does not apply to non-isolated or auxiliary rooms, as well as to common property.

The content of the contract must reflect the following information:

1. Date and place of imprisonment.
2. Information about the parties - the name of the owner, a document confirming the authority of his representative, last name, first name, patronymic of the tenant, his passport details.
3. Subject of the agreement. The type of premises is indicated here - house, apartment or part of the housing, as well as the location address.
4. The amount of payment and the procedure for making it.
5. Rights and obligations of the parties.
6. List of family members of the employer.
7. Conditions for cancellation of the agreement.
8. Enforcement measures against the unscrupulous party.
9. Details of the owner and tenant.

Each page of the agreement must be signed by the parties. This avoids falsification.

To conclude a rental agreement, the interested person must contact the government agency in charge of the housing and submit the following documents:

1. Statement.
2. Passport and birth certificates of babies, if available.
3. Information about income received for each family member.
4. A document confirming the right of the initiators to social housing.

Subsequently, information is attached to the contract that certifies that the property belongs to the municipal fund. The contract itself must be concluded in writing. The basis for signing is the corresponding decision of the property owner.

If several people rent one space under separate agreements, then when they unite into one family unit, a general agreement will be concluded. If necessary, the contract can be canceled in court or by mutual agreement of the parties.

Basic Concepts

According to the law, every Russian citizen is required to have registration. Registration gives Russians a lot of opportunities to fully realize their civil rights and freedoms. Registration was not introduced by law to control and restrict the freedom of movement of citizens. Russians can freely choose a place to live in any city in the country.

Many citizens, for various reasons, register strangers (distant relatives, acquaintances, etc.) in their apartments. And they are concerned about the authority that registration in their housing gives these people. It’s just that the owners are afraid that registered people may become full owners of the property. Therefore, the issue of the rights of registered people deserves more detailed study.

First of all:

1. Every citizen, going through the registration procedure, is required to report a change in registration to the FMS.
2. Long-term residence without registration is punishable by an administrative fine.
3. Registration does not provide a 100% guarantee of using government institutions at the place of registration of a citizen, such as schools, kindergartens, clinics, etc.

Many citizens do not understand the difference between registration and property rights. Registration does not give ownership rights if the property already has an owner.

Rights of the employer and his family members

The Housing Code of the Russian Federation provides for a number of opportunities that are given to a responsible tenant.

These include:

1. Moving into other people's homes.
2. Subletting of premises.
3. Giving consent to the temporary presence of residents.
4. Exchange or replacement of premises.
5. Requirements for the landlord to provide proper utilities, keep the area adjacent to the apartment building and common areas clean, and, if necessary, carry out major repairs to the structure.

In accordance with Article 69 of the Housing Code of the Russian Federation, family members of the tenant include the wife, husband, children, and parents. Other relatives and dependent persons are recognized as such if they are moved into the premises and run a joint household. Other people can be recognized as family members in court. These categories have equal rights with the tenant. If a person ceases to be a member of the family, but continues to live in the premises, then he retains all possibilities. The temporary absence of a tenant and persons living with him does not deprive them of their rights to housing.

Use of housing

One of the rights of residents of municipal premises is the ability to use it. The essence of this is that a person can be constantly in the occupied area. Residents also have unhindered access to the premises, that is, they have the right to come to the housing at any time of the day. This also includes the ability of each resident to fully use utilities - gas, water, electricity, as well as other amenities - toilet, shower, bathroom. In this case, the degree of relationship, the amount of income received, age and gender do not play a role.

Exchange for another municipal housing

According to Article 72 of the Housing Code of the Russian Federation, the responsible tenant has the right to exchange one municipal housing for another.

In this case, he will need the written consent of the owner, as well as those living with him, including those who are temporarily absent. Family members are also given certain rights to exchange. They may require the tenant to carry out such a procedure, including in relation to residential areas located in different houses or apartments. If such an agreement is not reached, the problem can be resolved in court. In a situation where persons living with the employer are partially limited or completely deprived of legal capacity, the exchange will be possible only with the consent of the guardianship authorities. If such a procedure violates the rights of this category of people, then the competent authorities will refuse.

The exchange of housing can occur between two tenants located either in the same or in different localities. However, the number of participants in such a procedure is not limited.

In any case, the process ends with the signing of new employment contracts.

Privatization

The tenant has the right to privatize the occupied housing. To do this, you need to contact the appropriate authority that allocated the premises.

In this case, the interested person must submit the following documents to the authorized body:

1. Application for the provision of a service of this nature.
2. Initiator's passport.
3. Identity documents of all family members who are fourteen years old, as well as certificates of the birth of children under the specified age.
4. Community Housing Tenancy Agreement.
5. Extract from the house register.
6. Consent of all residents.

The collected package of documents must be sent to the owner. The procedure ends with a decision on the privatization of housing.

Law

By law, a tenant of municipal housing has certain rights and obligations.
He must make timely payments for the housing provided, and also has the right to privatize it at any time convenient for him, and not before March 1, 2021, as was previously established.

This situation provides an opportunity to acquire their own housing for those who are experiencing certain financial difficulties.

ATTENTION! As part of a special program for the privatization of public residential premises, which has been in effect since the late 90s, registration of ownership is carried out free of charge.

The main aspects of privatization are spelled out in the legislative act of the Russian Federation No. 1541/1 of July 1991 “On the privatization of housing stock,” as well as regional law No. 178 of December 2001 “on the privatization of municipal housing space.”

Another important document on the basis of which the relationship between the owner and the tenant is built is the Housing Code of the Russian Federation.

Types of registration in an apartment

The type of registration in an apartment depends on the length of a person’s stay. It can be temporary, when the resident’s presence is limited to a certain date, or permanent. It all depends on the reasons for each person's arrival and their intentions.

Constant

Permanent registration occurs when a person voluntarily changes the address of his actual residence. In most situations, this is caused by family or personal reasons. For example, a person changed his place of work or his civil status, that is, he got married or his girlfriend got married. In such and similar situations, many change their address of residence. Anyone interested in changing location must contact the registration authority within seven days of arrival. To move someone into the premises, the tenant provides the following documents:

1. Statement from the responsible employer to register the person.
2. Written permission from all residents of municipal premises.
3. Passport of the person being registered.
4. Extract from the house register.
5. Document on deregistration at the previous address.
6. Permission from the property owner.
7. Birth certificate, if the baby is registered.

The procedure itself will be implemented within three days from the date of transfer of documents.

Sample application for registration at place of residence

Temporary

Temporary registration in a municipal apartment is carried out when a person intends to stay at a certain address for more than ninety days.

Before the expiration of the specified period, the interested party must contact the registration authority and submit the necessary documents. Their list is similar to permanent registration. Just do not need to present a document on deregistration at the previous address, since the person will reside temporarily. Registration must be done within three working days, and if the applicant fails to provide a document on the right to use the premises - eight.

Privatization of public housing

Today, privatization is indefinite. This restriction was lifted by Federal Law No. 14 of February 22, 2017 “On the recognition of certain provisions of legislative acts as invalid...”. But not everyone can take advantage of the right; in addition, certain types of real estate cannot be privatized.

A citizen can exercise the right to free privatization only once in his life. The procedure is carried out in the following order:

1. collection of documents, certificates, written consent or refusal of each registered tenant;
2. signing a privatization agreement in the housing department of the local administration;
3. submission of the privatization agreement with a package of documents to Rosreestr;
4. obtaining a certificate confirming the ownership of real estate.

Since 1994, children have been participating in privatization and, if they have registration, receive a share of the living space. A minor may be discharged if it is possible to register in other housing with optimal conditions.

Registration conditions

A person can be registered in non-privatized municipal housing if a number of conditions are met. They are reflected in Article 70 of the RF Housing Code. This requires the voluntary consent of not only the tenant of the premises, but also all other residents, including those who are temporarily absent. In this case, the opinion of relatives and family members, as well as all other persons who are registered at this address, must be taken into account.

The municipal body, which is the owner of the housing, may refuse permission if the person’s occupancy entails a violation of the established rules of residence, that is, the size of the area for each person will be less than the permissible minimum. Move-in is a reason for amending a previously concluded agreement.

Written consent of residents

Each resident must give their consent to the new person moving in. It is issued in writing. The current legislation does not approve the form of such consent.

The text of the document must contain the following information:

1. Information about the registration authority.
2. Last name, first name, patronymic, place of residence, contact phone number, passport series and number, employer's email address.
3. Similar data is indicated about the person registering.
4. Address of municipal housing.
5. Employer's consent.
6. Date of execution of the document and signature of the originator.

Consents of other residents must be drawn up in a similar way. It should be noted that the law does not oblige everyone to fill out separate applications. The consent of each resident can be reflected in the text of the employer’s appeal.

Lessor's consent

The implementation of the procedure for moving into municipal housing should not entail a violation of the requirements of sanitary and housing standards. That is, it is necessary to comply with the established minimum size of area for each resident. Therefore, to move a person in, you need the consent of the landlord, that is, the municipal authority that provides housing.

The text of the document will contain information about the owner, tenant, registrant, address of the property, length of stay of the person, start date of residence.

Features of registering children

Registration of children has its own characteristics. If the children have not reached adulthood, they can be moved in with their parents. In this case, the consent of the remaining family members, as well as the municipality, will not be required. In fact, if a person has received permission to move in, then subsequently, at his own discretion, he can register all his children. However, the law points to the fact that the municipality may refuse the interested party if this entails a reduction in the permissible area per person. To avoid problems in the future, the landlord and owner need to clarify how many children the initiator has, and whether he intends to live with them in the same premises.

Deregistration

The deregistration procedure can be initiated by the resident himself, the tenant of the premises or the municipality.

This depends on a number of reasons. As a general rule, a person can be discharged when the registration period has expired. This occurs in situations of temporary stay in an occupied living space. However, there are often cases when a permanent resident sends a request for deregistration, or the employer himself does this.

Personal Statement

A person independently initiates the deregistration procedure in the following cases:

1. Your stay is about to expire.
2. There is no need to live at this address, for example, training has been completed.
3. Purchased your own home.
4. The civil status has changed, that is, the person got married and moves in with his wife.

In this case, the interested party draws up a statement in which he reflects information about himself, his new residential address, as well as the reasons why he is vacating the space. The completed application must be signed by the person and sent to the registration authority.

The court's decision

There are often cases when a person is deregistered by a court decision. The reason for this may be:

1. Cancellation of a rental agreement.
2. Loss of right of residence.
3. No payment for more than six months.
4. Use of residential premises for purposes other than their intended purpose.
5. Violation of neighbors' rights.
6. Failure to comply with sanitary standards.
7. Causing damage to property.
8. Recognizing a person as deceased or missing.

It should be noted that any resident can be deregistered by decision of a court, regardless of the degree of relationship or civil status of the person, subject to non-compliance with contractual obligations. For example, an ex-husband or wife cannot be evicted from an apartment if they do not violate the rules of residence. That is, if a person has ceased to be a family member, but complies with the terms of the concluded rental agreement and continues to live in the premises, it will not be possible to evict him, even by a court decision.

Categories of citizens

In accordance with legislative acts, certain categories of citizens may apply for municipal housing in %%currentyear%%:

• orphans raised by the state;
• citizens who, due to their health status, pose a danger to others;
• military personnel, veterans, and persons equivalent to them;
• people who arrived from the Far North;
• people who were victims of the accident at the Chernobyl nuclear power plant.

In accordance with the law, it is necessary to document confirmation of belonging to one of the above categories. All members of the tenant's family receive equal rights when using the residential premises.

Features of registration in a service apartment

Employees of budgetary structures may be provided with so-called official housing. Such premises are always available as a reserve.

To do this, the interested person must collect and submit the following documents to the government authority:

1. Passport.
2. A work book that confirms the fact of employment in a state budget organization.
3. An extract from the Unified State Register of Real Estate about the absence of ownership or lease of other housing.
4. Certificate of family composition.
5. Employment contract.
6. Application for allocation of housing. It is compiled by the head of the organization in which the person works.

Registration of this nature has its own characteristics. First of all, the basis for moving in is the fact of labor relations with a government agency. Registration is limited to a certain period. That is, a person and his family members can occupy residential premises as long as the employer works for a government agency. Eviction occurs after the termination of the employment relationship. Such a fact cannot be a reason for a lawsuit, since the parties initially agree on such a condition.