Is it obligatory for the owner to register in the purchased apartment and how to register?

Do I need registration in the apartment?

The question arises: “Why register if you have documents on the right to own the property?” There are several answers and they are all quite convincing:

• It is illegal to live without a place of registration. There is no country that loves illegal immigrants. In some places they are treated loyally and with understanding, and in others they are treated very aggressively. Everywhere, the absence of registration is necessarily subject to administrative punishment.
• A place of registration is necessary in order to easily get to school, kindergarten, and get a job in government agencies.
• Many social benefits and payments are impossible without registration. This is especially true when a child is born and maternity capital is registered.
• It will be difficult to obtain a driver’s license, individual entrepreneur certificate, tax identification number, and SNILS. Any moment related to the presentation of documents will be problematic.
• It is impossible to get free treatment in medical institutions.

In general, it’s not easy to live without a registration. It is better to take care and register your official place of residence, protecting yourself from many problems.

Registration process in a new building

Before you begin registering a new apartment, you must ensure that you obtain ownership of it. To do this, you need to wait until the house is put into operation, receive the necessary documentation from the developer and contact Rosreestr to enter information about the apartment into the Unified State Register of Real Estate (USRN). Having received an extract from the Unified State Register, you can go to the migration department of the police or to the MFC to obtain registration.

If you want to register permanently, you must leave your previous place of residence. To do this, it is not at all necessary to go to another region or city. This can be done simultaneously with registration. You will simply need to additionally fill out an application for deregistration, which will be sent to the appropriate department. There is no need to check out during temporary registration.

How to register as an owner in a new building

The answer to the question of when you can register in a new building is clear. Only after registration of ownership rights to it. Let's take a closer look at how to do this if you are the owner. First of all, you need to decide how you want to go through this procedure: through a visit to the MFC, TRIC, migration division of the Ministry of Internal Affairs or through the State Services portal.

Registration through the police migration unit

Going to the migration department is associated with various inconveniences. These include queues, the lack of normal conditions for waiting, and even the rudeness of individual employees, which has not yet been completely eradicated. However, here the shortest terms for providing the service. If you have a certificate of ownership, 3 days of permanent registration and 3 working days of temporary registration. If you only have an extract from the Unified State Register, the period increases to 8 days in both cases. This is due to the fact that the validity period of the statement for registration purposes is only 1 day from the date of receipt. If more time has passed, then employees are required to make a corresponding request to Rosreestr in the manner of interdepartmental interaction.

Registration through the MFC, TRIC and the State Services website

At the MFC, everything is much more civilized: there is an electronic queue, the waiting areas are quite comfortable, the employees are polite, and you receive an SMS notification about the results of the service. The most important thing is that the application will be filled out for you (at TRIC this will not happen). There is only one inconvenience: the period for providing the service is extended by 3 days. However, the 8-day period remains the same. In practice, there are such facts that it will not be possible to make an appointment on the day of the visit. You will be offered a voucher for the next available date. Unfortunately, heavy workload and the recent large-scale reduction of migration units have led to such inconveniences.

When submitting an application through the State Services website, within 24 hours you will be assigned a time to appear at the migration department, where you will need to bring the original documents. The general deadlines remain the same as for in-person applications. It is important to know that the state is currently paying great attention to the popularization of this method of circulation. In particular, services subject to duty are 30% cheaper. Many migration departments already have a person assigned to them who registers citizens on this portal and at the same time signs up for services. Therefore, do not be surprised if, during a personal visit for registration, you are invited to an office where they will help you register on the website, download the State Services application to your smartphone, and only after that they will accept an application for registration, already in electronic form.

Today you can register when visiting not only the Department of Internal Affairs of the Ministry of Internal Affairs, but also at the MFC, TRIC, or generally through the State Services website. Everywhere has its pros and cons.

What documents are needed for registration?

To register in a new building you will need the following documents:

• general passport;
• application for registration at the place of residence or place of stay;
• a document that confirms ownership of the apartment (may not be provided if you indicated its details in the application, but the deadlines can be extended up to 8 days);
• those liable for military service still need to bring a military ID.

Currently, certificates of ownership have been abolished, and instead an extract from the Unified State Register is issued. If you want to register quickly, then on the same day after receiving it, go to the migration department, since after a day the deadlines will be extended due to the need to send a request. The result of the provision of the service is registration at the place of stay with the issuance of a certificate or at the place of residence with a stamp in the passport.

In addition, you will be given a referral to the military registration and enlistment office for military registration for permanent registration, as well as for temporary registration for a period of more than 3 months. Attendance there is obligatory under the law on military duty. Ignoring this requirement entails administrative liability. Please note that the state service for registering Russian citizens is not subject to duty, so any demands for payment are illegal.

How to register children

The main feature of registering children is that they follow the registration of their parents. If you are the owner of a new building and decide to register in it, then your children will also be registered there. When the owner is another person who has given consent to your registration, then he is obliged to register your children together with you. The only exception can be the case when the children already have a residence permit in another place and you do not want to change it due to inexpediency.

To obtain registration, children, in addition to the documents listed above, must provide their passports (after 14 years of age) or birth certificates. Please note that when passports are issued for children for the first time, they are marked with the registration that the mother or father has, unless otherwise stated when submitting the application.

How to register third parties

Registration of third parties is possible only with the consent of the owner of the residential premises. In this case, his personal appearance at the department is required to write the appropriate application. It is noteworthy that, having registered someone in your housing, you will not be able to discharge this person without his consent. You will need to go to court, get a court decision and go with it to write an application for discharge. Solution - register unauthorized persons only temporarily for a short period, since after its expiration the registration certificate becomes automatically invalid.

In order to register in a new building you will need no more than 4 documents. To register children, no additional consent is required, and third parties can only be registered by personal appearance and writing an application.

Features of registering for a mortgage

It’s worth saying right away that for employees of the registration department there is only federal law and departmental orders. So, according to the law, a citizen who has registered ownership of an apartment has the right to register himself and other persons in it at his own discretion. The encumbrance arising from the loan agreement does not in any way detract from his right to dispose and use the property. The borrower cannot sell the apartment without the approval of the bank.

In fact, many banks include a clause in the mortgage agreement, according to which the borrower undertakes to coordinate with the credit institution the candidacies of the people whom he wants to register. As for relatives, there are no problems with this, but banks do not want to see third parties as residents of the collateral apartment. By and large, this clause is a direct violation of federal law and can be challenged in court. It is clear that when signing the agreement, the terms are dictated by the bank, but later you can go to court and restore justice.

If you have no desire to sue, then you should convince the credit institution that you have a great need to register this citizen, and that this procedure will not affect your loan repayment in any way. On the other hand, at the passport office, based on your application, anyone will be registered, but no one will inform the bank. It is up to the security service of the credit institution to clarify the fulfillment of the loan agreement.

Therefore, to the question of when you can register in a new building with a mortgage, the answer is – from the moment you register ownership of the property. At the same time, according to the law, you have the right not only to register yourself, but also to register your relatives, as well as other persons. If there are disagreements with the bank on this issue, they are resolved through negotiations or through going to court.

What if the new building was inherited?

It’s rare, but there are situations when a shareholder dies before registering ownership of the home. In this case, the heirs receive certificates of inheritance. In them, the object appears as unfinished construction, so it will not be possible to register. You will have to wait for commissioning. If the house was put into operation and the apartment already has the status of a residential premises, then the heir has the right to register in it even with such a certificate of inheritance. At the same time, he cannot register anyone else until he registers the property with Rosreestr.

The legislative framework

The Russian Federation regulates registration issues by two main laws: “On the right of citizens of the Russian Federation to freedom of movement, choice of place of stay and residence within the Russian Federation” and “Rules for registration and deregistration of citizens of the Russian Federation at the place of stay and place of residence within the Russian Federation.”

Since 1993, registration has been replaced by the word registration , but its obligatory nature has not been abolished. You can officially have several apartments, but you only need to be registered in one of them. If for a certain time after changing your place of residence or purchasing a new apartment you do not register with the local migration service, an administrative penalty will follow (2-5 thousand rubles).

Since 2013, everyone with a fictitious registration will face criminal liability. At best, a fine of 100-500 thousand rubles, at worst, imprisonment for three years. Those who are registered with false documents, owners of “rubber” apartments with dozens of registered apartments, should be wary.

In order to register in an apartment, you need to contact the passport office of the Federal Migration Service.

✨ Results

Let me summarize the above:

1. People registered in the apartment who do not have the status of owner pay for utilities, accrued according to meters or based on the number registered. For example, for water, intercom, electricity, etc.
2. If several people live in an apartment, they distribute utility payments among themselves in proportion to the number of residents.
3. If the registered person does not live in the apartment, then he can receive a recalculation of utility bills.
4. Members of the owner's family are jointly and severally liable for utility bills, so debts for housing and communal services can also be collected from them.

Documents for registration

1. Passport or other identification document.
2. The document on the basis of which you will be registered: a warrant for an apartment, a purchase and sale agreement, a deed of gift, an inheritance certificate, a court decision. If the apartment is someone else's, applications from the owners for registration permission are required.
3. Consent of all apartment owners.
4. Form for registration at place of residence.
5. Duty payment receipt.

You must apply for registration no later than a week from the date of arrival at your new place. After submitting the documents, you will have to wait three days, hand in your passport and receive it with a registration stamp.