Today it is almost impossible to register in an apartment without the presence of the owner.
Of course, there are several ways to obtain temporary or permanent registration, which are specified in the current legislation. But as practice shows, in megalopolises and many Russian cities such registrations are refused. This is due to the increasing incidence of fraud. If you have a situation where the owner of the apartment gives his consent to registration, but cannot be present himself, you can use one of the options. Perhaps, in your case, they will meet you halfway and make a positive decision.
Registration in an apartment or private house can be temporary or permanent. They differ slightly in the required documents.
Registration at the place of residence for citizens of the Russian Federation - the main provisions of the law
The key law that serves as the fundamental basis in matters of registration of citizens is the Law of the Russian Federation No. 5242 of June 25, 1993. It is indicated here that Russian citizens have complete freedom of movement and can independently determine their place of residence.
However, in order to control the movements of citizens within the country, they must register at their new place of residence. If a person moves to a new place, he is obliged to check out of the old apartment and register at the new place of stay within 7 days . This is a mandatory moment that will affect the person’s future life.
In addition, regarding registration issues, Government Decree No. 713 of July 17, 1995, and Art. 31 Housing Code of the Russian Federation. These standards state that all questions regarding the registration of unauthorized persons remain within the competence of the owner of the square meters.
At the same time, as a result of registration, a person only receives the right to use living space, including municipal ones. He cannot have any property rights, and if necessary, the owner of the property can change his mind at any time and discharge the tenant from his property.
Unpleasant cases
Only the owner, the one to whom it belongs as property, can dispose of the living space - sell, mortgage, donate. Registration, incl. and permanent, does not grant such rights. A registered citizen is only registered at a given place of residence and has the opportunity to reside and freely use common property. This material describes what permanent registration without ownership rights is and how to obtain it.
Cases when permanently registered residents cause inconvenience to the owner:
- registration of a minor makes it difficult to evict registered citizens, and if the child has nowhere to be discharged, then forced deregistration is impossible until another living space is found;
- increased payments for utility services (whether the amount of payment for utility services depends on the number of registered persons is described here);
- commission of an offense, outstanding loan obligations - they are looking for an unscrupulous citizen at the place of permanent registration.
Read our material about what consequences the owner can expect if he registers another person in the apartment.
Is the owner's consent required to register a newborn in his apartment?
The issue of registering a newborn has a lot of peculiarities. Thus, according to the legislative framework, a parent has the right to register his child even in situations where he lives in the living space without being its owner.
However, here it is necessary to take into account the fact that a person who owns property rights can at any time remove even a child from the square meters he owns, although it is possible that for this he will have to go to court. Therefore, when deciding to register a newborn, you must at least warn the owner of the apartment and obtain his verbal or written consent. This will help avoid possible misunderstandings and problems with the apartment owner!
Coordination
How to coordinate registration with the owner? Do I need a notarized written consent from him?
The agreement is implied during the procedure itself and cannot be avoided.
Of course, consensus must be reached before the transaction . What is the procedure for registration with the consent of the property owner?
Already during the registration process, confirmation will be required that the owner agrees to register a new tenant - he is personally present when submitting documents , signs the application and provides documents indicating his rights as the owner of the property.
What if the owner registers a person without the consent of the registered and other co-owners? Is it possible to do this? Without the permission of the residents (that is, registered) - yes, but if the square meters are in shared ownership - no longer, you will have to obtain their official consent .
You can learn how to register a person in an apartment without his personal presence in our article.
Owner's consent to registration of a foreign citizen
Registration of a foreign citizen has its own subtleties and nuances. Please note that in order to register a foreigner in an apartment, he must have a residence permit . If the user has a temporary residence permit, then he will need to enter into an agreement with the owner for the temporary use of residential premises on a paid basis (the rental price is indicated) or free of charge.
In addition, the owner must not only confirm in writing his consent to temporary registration, but also visit the FMS or GUVM with him in order to attest to his voluntary consent and notify the responsible officials.
Residence of a foreign citizen without registration is considered a violation and entails administrative penalties and deportation.
Registration without permission from other residents
Close and distant relatives, as well as strangers, can be registered in the living space only with the consent of all its owners, regardless of the size of their share. To register a new tenant as the owner of an apartment, permission from other registered persons who are not the owners is not required.
The grounds for registering a citizen as one of the homeowners are also:
- the court decision made;
- registration of the spouse for the share allocated in kind, i.e. when the share is a separate living space;
- donation by one of the owners of part of their allocated share to a new co-owner of the property.
Attention! The consent of other owners is not required for the registration of a minor child.
Should the owner be present in person during registration?
The registration process also has its own characteristics. One of the key features of the registration process is the need for the owner to be present during registration. The current legislative framework directly indicates that the move-in of an unauthorized person must be carried out exclusively in the personal presence of the owner.
However, if the registration permit is issued and approved by a specialist such as a notary, then the owner can be replaced by his authorized representative. There are also several circumstances that are considered justified for the absence of the owner of the living space during the registration process. This includes staying abroad for a long period of time, serious illness, etc. In such situations, it is allowed that the owner of the property can be replaced by his legal representative, who has a valid power of attorney to perform operations of this nature, and has provided a notarized permission from the owner for registration.
Is the consent of shareholders required for registration?
It is necessary to establish that, according to the current norms of the legislative framework of the Russian Federation, if the owners of the apartment are several citizens (at least two), the issue of registration will have a lot of nuances. Without any problems, only the owner of a share in the real estate will register. If the issue of registration of an outsider is being decided, then it will be necessary to obtain consent from all registered shareholders.
In general, the issue of registration of shareholders has the following features:
- If shareholders have agreed to the registration of a stranger who has a child, then without any problems it will be possible to register a child under the age of 14 years.
- If at least one of the shareholders does not give his consent to the registration of a stranger, then it will be impossible to register him and the decision of the second owner will not be taken into account.
- If the question concerns a residential private house divided into shares, the principles of division must be taken into account. If each owner has a part of the house with a separate entrance, you can do without consent from the other owners. Otherwise, the required document must be provided by each shareholder.
- The decision to add an outsider to a residential premises must be made by all shareholders, regardless of their shares in the property, so a consultation of owners is needed here. The legislator on this issue does not give any advantages to those users who own a large area.
Rights of those assigned to housing
Many homeowners are afraid to register other people (even relatives) with them, fearing any property claims or other problems from registered citizens. To calm down, you need to read the law.
The rights of the owners are protected. The question of whether a registered person can register another without the consent of the owner has a positive answer only in the case of minor children. That is, simply registered people do not have any opportunity to commit illegal actions with property without the knowledge of the owners. They cannot give, sell, inherit or prevent third parties from moving into the house.
Registered citizens have only the right of use (not ownership) of housing, which implies:
- accommodation,
- possibility of registering children,
- receiving government services.
We recommend that you learn more about what the rights of those registered in the apartment are.
Is the owner's permission certified by a notary?
The decision to certify the permission for permanent registration from the owner at the notary's office is made individually. This means that the final decision will be up to the parties to the process. The legislator does not oblige residential property owners to notarize their decisions.
If we are talking about registration in an apartment where there are several owners, then it is still better to obtain notarized consent for registration. This will help avoid unpleasant situations caused by a change in the shareholder’s decision.
In addition, many experts recommend that all permits be notarized. Thanks to this, representatives of government agencies will not have any doubts about the authenticity of the document. And this will affect the time allotted for checking the documentation. This will also relieve the owner from the need to be personally present during the registration process. Instead, he can send a proxy to represent his interests.
Personal data of owners
On July 1, 2021, amendments to the Federal Law of July 27, 2006 No. 152-FZ “On Personal Data” came into force. Now there are 7 offenses for which management companies can be held administratively liable for violating the legislation on personal data.
Administrative liability for violation of the requirements of Art. 13.11 Code of Administrative Offenses of the Russian Federation - the total fine can be 275,000 rubles. Many management companies do not know how to work with PD correctly.
For them, on October 4, we held a webinar “7 mistakes when working with personal data, for which the management entity will receive a fine.” We talked about the responsibilities of the PD operator, gave recommendations on how to comply with the requirements of Article 13.11 of the Code of Administrative Offenses of the Russian Federation, and paid special attention to the issue of obtaining consent to process PD.
Owner's consent to registration, form and content of the document
The legislator in no way limits citizens in matters of writing consent to register a stranger in their real estate. Thus, the agreement is written in any form, and it can indicate the data that the apartment owner considers necessary.
However, it must be pointed out that some points must still be indicated in the document without fail, and the legislator approves certain standards for filling out the document:
- personal data of the owner and tenant;
- indication of the address where the property is located;
- indication of the full name of the person who will be registered;
- date and personal signature;
- a phrase stating that the owner of the residential premises agrees to move-in and registration.
In some situations, a certificate from the user’s previous place of residence, as well as other documentation, may be required.
Owner's consent to registration for the Federal Migration Service (now the Main Department of Migration Affairs of the Ministry of Internal Affairs), sample and form
If the owner of an apartment registers a tenant through the Federal Migration Service, he will have to fill out a special sample document approved at the highest state level. You can find a current sample of the owner's consent for registration. ⇐
Application for registration from the owner, sample
If you need to write an application for registration from the owner, you first need to familiarize yourself with the current form and content of the document. Users will also have to study the type of document. You can do this by downloading the sample. ⇐
Registration algorithm
Russian legislation requires citizens to notify the state of their location. Popularly this is called registration, in government acts - registration at the place of residence (stay).
The algorithm by which you can register a person if there are two owners or one in the apartment is standard. To do this you need:
- collect a package of papers: passport,
- reasons for residence,
- permission from the owners (if registration is not in your own home),
- house book (optional);
The procedure may be supplemented depending on the situation.
Read more about how to register in an apartment.
