The legal status of residential real estate provides not only the opportunity to use apartments, but also to register at the place of residence and stay. What is the maximum number of people you can register in your living space, and how is this figure calculated? Let's consider whether there is a limit on the number of registered citizens in an apartment.
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What is “registration”
The institution of registration, for a long time, has been inextricably linked with confirmation of the legality of the right to reside in residential premises.
The presence of permanent registration automatically gave the right to unlimited use of real estate, and the maximum number of people registered in municipal housing depended on the decision of the landlord.
Currently, instead of registration, there is a mechanism for registering citizens; this is done by the authorized bodies of the Ministry of Internal Affairs.
Registration is carried out taking into account the following nuances:
- owners of residential real estate have the right, at their own discretion, to move in and register citizens in their living space, and, in most cases, have the opportunity to forcibly evict and discharge residents from their apartment;
- residents of municipal apartments are significantly limited in the exercise of the right to registration; without the consent of the owner of the municipal fund, they can only be registered as a family member and some relatives;
- the presence of a stamp or certificate of registration cannot directly confirm the emergence of the right to use real estate, but is only one piece of evidence of this fact.
Thus, the number of registered citizens in an apartment depends on the legal status of the residential premises, the form of ownership, as well as on the housing registration rate.
The value of the accounting norm will influence the number of people registered in departmental housing. The fact is that one of the grounds for recognizing citizens as needing improved housing conditions is exceeding the accounting norm.
Uncontrolled registration of citizens in municipal housing, if the registration norm is exceeded, artificially expands the composition of residents who will be able to apply for an apartment in the order of priority.
Let's consider how to register people in an apartment in 2017 separately for your own and departmental housing stock.
Where to submit documents
In addition to the Department of Internal Affairs of the Ministry of Internal Affairs, you can also contact the MFC office. You can apply electronically through the State Services portal or send an application by mail. All documents are attached as copies.
Contacting the MFC or sending documents through the State Services website simplifies the procedure, but the final stage still requires a visit to the Department of Internal Affairs of the Ministry of Internal Affairs. The registration stamp is affixed only by employees of this department. Registration is free and takes from 3 days to a week.
Types of registrations
Currently, there are two options for registering a person in residential real estate:
- at the place of residence - a specific registration period is not set for the owners (as a rule, this option is associated with the emergence of an indefinite right to reside in the apartment);
- at the place of residence - upon registration, a clear period is established during which the registered citizen retains the right to reside in the residential premises (after the specified period, the registration is automatically canceled even without additional application from the owner or registered tenant).
See - Dangers that may arise for the owner during temporary registration.
The choice of a specific type of registration will depend on the grounds for moving a person into residential premises and the conditions for providing him with housing.
Does region matter?
As has already become clear, registering someone in municipal housing is only possible if the rules are met. In this case, you must be guided by regional and local legislation.
The standard is equal to the national average of 10-12 m2 per resident.
The rules in each case should be clarified with the local administration (municipality) of the territorial unit that owns the relevant property.
Watch the video. How to expel a person from an apartment without his consent:
Why do you need registration?
Registration of citizens is an integral element of control over population migration.
Currently, there is an obligation to register for citizens staying in another locality for a period of more than three days. In this case, it is necessary to obtain a temporary registration for the entire period of stay.
Violation of registration rules entails administrative liability.
Law enforcement officials have the right to demand identification documents from citizens for verification. One of the elements of the check is the presence of a registration stamp in the passport or a certificate of temporary registration.
If a citizen cannot confirm registration, he may be detained for up to three hours to confirm his identity information, and also draw up a decision on administrative liability. This offense is punishable by a warning or fine.
Registration procedure
The Government of the Russian Federation established the Registration Rules by adopting Resolution No. 713 of July 17, 1995.
Remember! Regarding registration, you should contact the Department of Internal Affairs of the Ministry of Internal Affairs of the Russian Federation corresponding to the given territory. The rules require the application to be submitted on Form 6.
You need to attach to it:
- applicant's passport;
- for children under 14 years of age - their birth certificates;
- an extract confirming the ownership of housing or a social tenancy agreement;
- if necessary, written consent of other residents;
- for municipal apartments - permission from the city administration;
- departure slip;
- for individual rooms - a house book.
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A copy of it is submitted along with each document. If the law requires proof of consent from other residents, they must appear with the applicant. If their presence is not possible, you will have to postpone registration or go to court regarding the discharge.
If this citizen can be contacted, it is permissible for him to issue a notarized power of attorney for the right to represent interests by another person. It is also possible to certify consent to register a new resident with a notary of another locality.
How many people can be registered in the apartment?
How many people can a tenant register in municipal housing provided on social rent terms?
There are no restrictions for moving in and registering family members of the employer, even if registration results in exceeding the registration norm. Moreover, the registration of family members does not require permission from the owner of the municipal fund.
How many people can be registered in an apartment if people without family ties move in?
In this case, permission from the lessor will be required, the registration of which will take into account the value of the accounting standard.
The value of the accounting norm may vary in different regions and, as a rule, is 15 square meters. m. per person.
Let's consider the procedure for applying this standard when registering citizens in a municipal apartment:
- in a one-room apartment with an area of 16 sq. m. it will be impossible to obtain permission to move in foreign citizens; registration can only be obtained by the main tenant;
- in a two-room apartment with an area of 36 sq. m. permission will be given to register two persons, including the main employer;
- in a three-room apartment with an area of 54 sq. m. you cannot register more than three persons, including the main tenant.
If citizens have to register communal apartments in a room, a similar standard will be observed, while moving in is only allowed for relatives.
What certificates are submitted?
In accordance with the requirements of the law, the following must be submitted for registration:
- photocopy of passport;
- a copy of the absentee certificate from the previous place of residence (if necessary);
- a written request in the prescribed form;
- approval of the owner of the property, already registered citizens;
- photocopies of military ID.
Citizens of other states provide documents to the Federal Migration Service. Residents of the Russian Federation – branches of address desks. Authorized persons register citizens in accordance with the submitted certificates.
Registration in a privatized apartment
If housing is privatized or acquired by citizens as a result of purchase and sale, there are no restrictions on registration actions.
In this case, the accounting norm indicator is not applied, since the presence of privatized housing deprives the right to be placed on the queue in the municipality.
Thus, determining the maximum number of persons registered in a private apartment will depend only on the decision of the owner.
How many citizens can be temporarily registered in an apartment owned by right of ownership?
In this case, there are also no legal restrictions; the owner has the right to move in and register an unlimited number of temporary residents.
How to find out the number of registered people
How to find out how many people are registered in an apartment? To do this, you just need to look at the receipt for payment of housing and communal services or visit the office of the management company. However, this method may not always give a reliable result, so homeowners need to know where else they can find out how many people are registered in the apartment:
- department of the Main Department of Migration Affairs of the Ministry of Internal Affairs of the Russian Federation at the location of the living space;
- MFC;
- Unified State Register of Real Estate (formerly Unified State Register of Real Estate).
The last method is the most convenient (an extract on the number of registered persons can be obtained online), but the least informative. To obtain detailed information, a citizen must personally visit the nearest branch of one of the listed organizations.
Rules for registration in departmental housing
The grounds for registration in the departmental housing stock arise taking into account the following circumstances:
- the right to move in and registration arises as a result of the issuance of an administrative act of a local government authority and the execution of a social tenancy agreement (the agreement specifies a list of tenants who have the right to move in);
- in the process of using housing, if family circumstances change, you can register family members (for example, when registering a marriage or the birth of a child);
- Registration of other citizens is carried out with the direct permission of the landlord.
How long can citizens move into a departmental apartment under the conditions of temporary registration? Temporary registration is not related to compliance with the accounting norm, since it does not give rise to the right of permanent residence.
Therefore, the number of temporarily registered persons will depend only on the permission of the landlord.
The legislative framework
The main legislative act regulating relations in the housing and communal services sector is the Housing Code of the Russian Federation. Yes, Art. 30 of the Housing Code of the Russian Federation gives the owner of the premises the right to own and dispose of them, and therefore to register third parties in his apartment or private house.
In addition, when considering the issue of restrictions on registration in an apartment, one should be guided by the requirements of such legislative acts as:
- Civil Code of the Russian Federation;
- Law No. 5242-1 of June 25, 1993;
- Order of the Migration Service No. 208 of September 20, 2007;
- Code of Administrative Offenses of the Russian Federation;
- Order of the Ministry of Internal Affairs of the Russian Federation No. 385/117 of May 19, 2009.
The above list is not exhaustive. Important information about the rules for registering citizens on the territory of the Russian Federation is contained in Federal Law No. 376 of December 21, 2013 (the so-called law on “rubber” apartments).
Registration in a municipal apartment
The procedure for registering citizens in municipal housing can be presented in the form of step-by-step instructions:
- citizens have a basis for moving in - an administrative act of the local government body is issued, a social rent agreement is drawn up, etc.;
- if permission for registration is required from the landlord, citizens are sent an application indicating the grounds for registration;
- after receiving permission from the local administration or landlord, you must apply to the migration department of the Ministry of Internal Affairs;
- Registration at the place of residence or stay is completed within 3 to 7 days.
How much money do they pay for a registered person in an apartment? If there are no metering devices in the residential premises, the presence of each registered person automatically entails a significant increase in the rent and the amount of payments for housing and communal services.
In this case, payments for cold and hot water are calculated based on the number of citizens registered in the living space.
Registration for shared ownership
If the apartment is in shared ownership, then registration will require the consent of all residents who have a share in this housing. At the same time, registering a child with his father or mother does not require consent from the living co-owners of the property. Being registered, parents can register their children without any obstacles:
- If the co-owners agree, it is possible to register it.
- If there is no consent of the co-owners, a gift agreement is drawn up.
A very simple way out of the situation to register is a gift of a portion of your share. Although from the point of view of law there will be a clear benefit, a gift is a gift, and if it is not proven that the deed of gift for a share in an apartment or house was not gratuitous, then the donee can register in the apartment or house, that is, for the share, which he received as a gift.
Registration conveyor
The owner of the property receives the legal right to register as many people as he wants in the apartment, if the housing (in an apartment, in a house) was acquired legally:
- from the state;
- built;
- purchased on the secondary real estate market and more.
Naturally, how many people a living space can actually accommodate is one thing. It’s not at all the quantity that a person can prescribe – it’s not limited. According to the law, everything is correct, but passport service workers may think differently.
The concept of fictitious registration is reflected in the Criminal Code of the Russian Federation, therefore, purchasing real estate in order to set up a registration conveyor in it and extract commercial benefits is not the safest type of business.
Before registering in an apartment under mysterious circumstances, it is advisable to clarify the number of registered persons in it. This will allow you to protect yourself from fraudulent actions on the part of the owner of the apartment or house.
