How to register in an apartment with the consent of the owner, but without his presence

A document that confirms the permission of the property owner to register another person or several people in a house or apartment is called consent to registration.

In the Russian Federation, the law states that there are ten square meters per person. If you need to obtain registration in someone else's house or apartment, consent is required.

In this case, in order to become a full-fledged registered resident of the premises, it is necessary to obtain the owner’s permission and consent to registration and residence. At the same time, we should not forget that it is the right to use property that makes it possible to obtain a residence permit, not registration.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique. If you want to find out how to solve your specific problem, please contact the online consultant form on the right. It's fast and free! Or call us at :

+7 Moscow, Moscow region

+7 St. Petersburg, Leningrad region

8 Federal number (free call for all regions of Russia)!

Definition of concepts

Consent to registration is a statement from the owner of the property who allows a person or group of citizens to register in the specified living space.

This document is necessary for a citizen to register in an apartment or house of which he is not the owner. It doesn’t matter who the owner of this home is: a relative or a stranger.

To obtain approval for registration, you must contact the owner of the residential property. Then both parties sign a statement according to which one of the parties has the right to register and live in a certain living space.

Citizens registered in an apartment or other premises who are not the owners cannot sell, exchange, donate or bequeath this object.

By place of stay

Registration actions for temporary residence have a strict procedure that should be taken into account by all interested parties. The norms prescribed in Art. 288 of the Civil Code of the Russian Federation, confirm that home owners can dispose of it within the designated framework, for example, rent it out to other persons

.
It is possible to register at the place of arrival based on the lease agreement (the owner's consent to temporary registration is required)
. Registration will allow people to receive medical care without any restrictions.

Samples of consent for registration

ATTENTION! View the completed consent form for child registration:

You can DOWNLOAD consent forms for registration using the links below:

1. Consent for registration from the owner
2. Consent to register a child
3. Consent to the child’s registration at the mother’s place of residence
4. Consent to the child’s registration at the father’s place of residence
5. Consent for registration in an apartment
6. Consent for registration in a municipal apartment from residents
7. Consent for registration from the shared owner

Is it necessary to notarize the agreement and is it necessary for all owners to be present?

If only one of the owners will be present at the department when registering, then a notarized copy is needed for the absent owner.

If everyone is present, you can do without a notary; a statement is enough.

If during registration, none of the owners who agreed to registration can be present at the department, a power of attorney should be drawn up and officially certified. It gives the right to the person who provided it to represent the interests of the owner of the apartment

. The form can be downloaded below.

Download the power of attorney for registration from the owner

However, you should understand that it must be certified, which means that the notary’s office will draw up a power of attorney without your labor costs. You will only have to spend time and some money

. Depending on the tariff schedule in force in the Russian Federation today, around 2022 rubles for individuals.

The legislative framework

Acts on the basis of which the registration procedure of citizens is carried out.

The above acts provide instructions for the legal implementation of registration. In 2021, a new law came into force, which does not imply registration without the consent of the owner, but contains changes to the procedure for submitting documentation.

Registration requirements

In what form is a power of attorney drawn up to carry out the registration procedure: printed or in writing? A power of attorney to carry out the registration procedure is written on a special notary form, where, in addition to the main conditions and responsibilities relating to the power of attorney, the signatures of the notary and the person initiating the power of attorney are affixed. Both options are acceptable, both written and printed, but the second is preferable.
The main part of the document is a list of obligations and rights for the principal, which he will have for a certain period, that is, until the process of registering a citizen at the specified address is completed. The credentials are checked and signed by a specialist at the notary office.

Important! If the power of attorney does not specify a validity period, then by law it is valid for one calendar year.

Notarized consent for registration – First lawyer

Format of notarial consent for permanent registration

Article 31 of the Housing Code of the Russian Federation states that in order to register a citizen, in any case, the absence of objections from the owner is required. If the premises are in common ownership, then it will be necessary to ensure that there are no objections from all owners. If among them there are children who have not yet reached the age of majority, then such a document is required from their representatives (parents, guardians).

Sample, form and rules for filling out the owner’s consent for registration at the place of residence, stay

It is important to remember that when an apartment is jointly owned by several persons, consent from each of them is required for occupancy. But if there is an allocated share, which is a separate premises suitable for living, then one of the co-owners can register a tenant there himself.

How to write the owner’s consent to registration at the place of residence and the application form for permission to register: sample filling

The owner's consent is required in all cases if someone else plans to register in the apartment. How complicated the procedure will be depends on who owns the home

. If it is municipal, then there will be more trouble. In particular, the question of the number of residents will arise.

Owner's consent to registration - how and when to write an application

Consent for registration - a sample can be found below. The owner's application for registration at the place of residence is written in the first person addressed to the head of the territorial unit of the Federal Migration Service. The header, in addition to the addressee, indicates from whom (full data), also the series and number of the passport and address.

When is registration consent required?

The consent of third parties is no different from the consent of the owner, but it cannot be neglected, since citizens registered at the place of residence have every right to refuse to register another person, and the owner of the property will not be able to prevent this unless he forcibly evicts them.

RAA Law

Note : In the case of a notarial act being performed by a person replacing a temporarily absent notary, vested with the powers of a notary on the basis of Article 20 of the Fundamentals of the Legislation of the Russian Federation on Notaries, in the forms of notarial certificates and certification inscriptions on transactions and certified documents, the words “notary”, “notary” are replaced with the words “temporarily performing (acting) the duties of a notary" (indicating the last name, first name, patronymic of the notary and the name of the corresponding notarial district).

Rules for notarial consent for registration from the owner

A person who receives registration in the territory of a certain housing can stay there at any convenient time, and also register his minor children there, without even receiving any consent from the owner. This point is extremely important for property owners to take into account and discuss before proceeding directly to the execution of the transaction.

Consent for registration at the place of residence - sample, requirements and features

You have to decide with whom to register your newborn. Most often, babies are registered with their mothers. In this case, you will have to obtain consent for the child’s registration from the father. A sample of such paper is presented below. It can be drawn up either at the passport office or certified by a notary. The first scenario greatly simplifies the process of registering the baby, and the second is considered safer from a legal point of view.

How to register in an apartment with the owner? Is consent required for registration at the place of residence?

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 .

How to write the owner’s consent for registration at the place of residence using a sample and is it always necessary?

The registration process begins with consent to provide it; the selected citizen must appear at the passport office or migration service, where there are forms and established samples on which consent should be written. The form contains the information necessary to provide registration.

firstjurist.ru

Results

To obtain registration at the place of location or residence, a legally formalized justification is required. For people in the rental business, this could be a rental contract signed by the owner. In some cases, for example, when registering for apartments that are in shared ownership, the official consent of all owners is required

. It is worth noting that registering a child in housing where his parent or guardian is already registered does not require an additional agreement.

How to discharge a child from his father’s apartment and register him with his mother?

In order to register a child from father to mother, the following conditions must be met::

• When deregistering, the child must be registered immediately. A new registration is issued exclusively with one of the parents or legal guardians.
• To remove a minor from an apartment, you must have the consent of both parents. If they cannot reach an agreement on the issue, it will have to be resolved in court.
• If it is necessary to register a child in another district or locality, guardianship officials may ask the opinion of the little citizen - if he categorically does not want to move, the parents may be refused to register the little family member.
• Living conditions at the new place of registration of the baby should not be worse than in the father’s apartment.
• If it is necessary to discharge a child from a privatized apartment, you will have to go to court, since the child is the owner of part of the apartment.

If parents are arguing about who a minor should be registered with, the court will decide this issue for them.

Procedure

If the mother and father are married and want to remove the baby from registration in the father’s apartment and register him with the mother, they need to proceed as follows:

1. The father's consent is required to register the child with the mother.
2. The mother submits an application to register the baby.
3. Parents notify the guardianship and trusteeship authority, whose employees monitor the interests of the child and the protection of his rights.
4. Adults submit a set of necessary documents to the authorized government agency.
5. After the expiration of the period established by law, parents pick up the completed documents.

In the case when the parents of a small citizen are in the process of divorce and cannot decide where their baby will be registered, the procedure should be as follows:

1. One of the parents who believes that his rights have been violated files a statement of claim with a request to determine the place of registration and residence of the minor.
2. A package of required documents is attached to the application.
3. A representative of the guardianship and trusteeship authorities is involved in the trial, assessing the child’s living conditions with each of the interested parties.
4. Both parents are invited to participate in the court hearing and must prove the validity of their claims.
5. After examining all the materials and evidence, the court makes a decision on where and with which parent the child will be registered.

Documentation

List of documents required for deregistration of a child at the father’s place of residence and his subsequent registration with his mother:

• Man's statement;
• His passport;
• Written consent of the child's mother;
• Her passport;
• Metrics of a small family member;
• Certificate of registration of the baby (if the mark is not placed on the back of the birth certificate);
• Extract from the house register;
• Certificate of ownership of the father and title of the mother, if they are the owners of the residential premises in which they are registered;
• Application for registration of a child at a new address (a sample application for registration of a child from the mother is here);
• Written consent of the child if he is over 14 years old and written consent of the guardianship authorities if the child is under 14 years old.

When the parents reach an agreement on who the child will live with, these documents are submitted to the authorized government agency. Otherwise, a statement of claim must be attached to this kit along with a receipt for payment of the state duty, and the materials must be sent to the court.

Expedited application by mother or father

Now the principle of remote submission of applications to social services via the Internet is gaining popularity.

The registration application can also be submitted electronically on the State Services portal . To do this, one of the parents must have a registered and confirmed entry on the site. Creating a personal account will not take much time and effort, but will significantly speed up registration.

An application for registration of a minor is filled out by one of the parents in an online form through a personal account. The same data is entered as in the paper form, but in a more orderly form with system prompts. After sending the application, it is reviewed within 3 days , after which the applicant receives a response by email. If the application is approved, the parent comes to the FMS office with original documents to obtain registration.

How to discharge a minor child from an apartment?

Discharging a child from living space is a complex, lengthy and labor-intensive process. The need for an extract arises when selling or exchanging housing.

If it is not difficult to discharge an adult, then with a child things are more complicated, since in this case it is necessary not only to comply with all formalities, but also not to violate the rights of the child.

The law will always support the rights of the child, since they are protected not only by the Civil Code, but also by all guardianship and trusteeship authorities. It is the latter who must provide permission to deregister.

If you want to find out how to solve your specific problem, please contact the online consultant form on the right. It's fast and free! Or call us at :

+7 Moscow, Moscow region

+7 St. Petersburg, Leningrad region

8 Federal number (free call for all regions of Russia)!

Paper preparation procedure

There are certain drafting and certification steps. If executed correctly, this document will have legal force.

Place

You can draw up a power of attorney in the form of a draft yourself, and then take the drafts to a notary, but this option does not exclude errors in the text. Therefore, in order to avoid wasting time, you need to contact a notary so that he or his assistant draw up a document and explain all the nuances of interest.

Documentation

The preparation procedure requires the availability of the following documents:

• passport of the person applying, that is, the owner;
• passport from a trusted citizen;
• title paper for residential space;
• an application written by the owner to provide a power of attorney for registration;
• If a man is registered, then a military ID is required.

The document verification process is carried out by a notary.

Registration

Certification is carried out by the head of the notary office, using a personal seal, as well as a signature. Only after this the power of attorney is considered legal.

It is important to remember that the power of attorney is drawn up on a special form with a unique number, which will later be entered into a special register by the specialist of the notary office who certified it.

Cost and amount of state duty

The cost of notary services will depend on the region of residence of the person using the power of attorney.
In Moscow and its regions it ranges from one and a half to two thousand rubles. There is no state fee for carrying out such a service, so you should only pay for the work done by the notary.

Consent to registration and permanent residence

Consent to registration and permanent residence. Registration of a citizen at the place of residence occurs no later than 3 working days from the date of receipt of documents by the registration authority, and in the case of sending an application for registration at the place of residence in the form of an electronic document - no later than 8 working days from the date the citizen submits the application for registration at the place of residence and other documents required for such registration.

Place of residence is the place where a citizen permanently or primarily resides. A citizen who informs creditors, as well as other persons, about his other place of residence bears the risk of the consequences caused by this.

The place of residence of minors under fourteen years of age or citizens under guardianship is recognized as the place of residence of their legal representatives - parents, adoptive parents or guardians.

A citizen of the Russian Federation (except for the case provided for in Article 6.1 of the Law of the Russian Federation “On the right of citizens of the Russian Federation to freedom of movement, choice of place of stay and residence within the Russian Federation”) who has changed his place of residence is obliged no later than seven days from the date of arrival at the new place residence, contact the person responsible for receiving and transmitting to the registration authorities documents for registration and deregistration of citizens of the Russian Federation at the place of stay and at the place of residence within the Russian Federation, and in cases provided for by this Law and the rules for registration and deregistration of citizens of the Russian Federation from registration at the place of stay and at the place of residence within the Russian Federation, directly to the registration authority with an application in the prescribed form. In this case the following are presented:

• passport or other equivalent document identifying the citizen;
• a document that, in accordance with the housing legislation of the Russian Federation, is the basis for moving into a residential premises, with the exception of cases provided for by this Law and other federal laws, or its duly certified copy. A citizen of the Russian Federation has the right not to present a document that is the basis for the citizen to move into a residential premises (social tenancy agreement, rental agreement for residential premises of a state or municipal housing stock, a state-registered agreement or other document expressing the content of a real estate transaction, a certificate of state registration rights or other document), if the information contained in the relevant document is at the disposal of state bodies or local governments. In this case, the registration authority independently requests the relevant document (information contained in it), an extract from the relevant register, other information in accordance with the legislation of the Russian Federation from state bodies, local governments and registers the citizen at the place of residence no later than eight working days from the date of submission of an application for registration at the place of residence and an identification document in accordance with the legislation of the Russian Federation.

The application, as well as other documents, can be submitted in the form of electronic documents, the procedure for execution of which is determined by the Government of the Russian Federation, and sent to the registration authority using public information and telecommunication networks, including the Internet, including a single portal of state and municipal services .

The registration authority is obliged to register a citizen at the place of residence no later than three days from the date of presentation of documents (submitting an application and documents in the form of electronic documents) for registration.

In accordance with Article 30 of the Housing Code of the Russian Federation, each homeowner has the right to register a citizen in the living space belonging to him, however, for temporary registration in the apartment, the consent of all participants in shared ownership is required (Article 246 of the Civil Code of the Russian Federation). This means that the owner of temporary housing and all members of his family must give mutual consent to registration. Thus, in order to obtain temporary registration in premises owned by citizens, consent to registration is required from the owner of the property and all adult members of his family registered and actually living in this living space. If among the family members of the apartment owner there are minors or incompetent persons, then for the temporary registration of a citizen, the consent of their legal representatives is required.

When temporarily registering children under 16 years of age at the place of residence of their legal representatives (parents, guardians, guardians), consent to register the child from the above-mentioned persons is not required.

When registering for temporary registration in premises from the State or Municipal housing stock, consent to registration is required from the tenant and all members of his family registered and actually living in this living space, as well as consent from the housing committee or organization (for temporary use of a service apartment) for registration. If among the family members of the employer there are minors or incapacitated persons, then for the temporary registration of a citizen, the consent of their legal representatives is required.

Consent for registration must be provided to the registration authority for the citizen to register in a residential area. The notarial consent indicates the period of registration of the citizen in the specified premises - permanent or temporary registration at the place of stay or place of residence.

See another sample consent...

What documents need to be attached?

The legal representative must have, in addition to written authority, the following papers:

• your passport;
• passport of the registered citizen;
• statement according to f. No. 6;
• documents for the apartment (confirming ownership, if the housing is privatized, or a social tenancy or rental agreement);
• consent of all adults registered in the area of ​​this apartment, if the apartment is municipal;
• consent of the co-owners and their passports, if the ownership is private.

Sample form No. 6.

Sample of filling out an application according to form No. 6.

Owner's consent to registration.

With an experienced eye, the employee receiving the papers will determine the completeness, issue a receipt for the seizure of the original passport of the registered person, and send the representative home to wait for the verdict.

We talked about what documents may be required for registration in various situations here.