What rights does a person have if he is registered in an apartment, but not the owner?

Where to start, where to turn? List of required documents Time and cost Result Possible problems

Find out on our website whether you need to apply for registration at a new place of residence, as well as how things are going with registration in a mortgaged apartment, and what the bank’s reaction is to the registration of strangers in it.

What does citizen registration mean?

Citizens are required to register at their place of stay (temporarily) and place of residence (permanently) on the territory of the Russian Federation.

Persons who, due to a number of circumstances (treatment, education, serving a sentence) temporarily reside in residential premises for more than 90 days, must register at their place of stay. A citizen must notify the registration authority about the duration and place of his stay.

This can be done in person, by mail or through the “Unified Portal of State and Municipal Services”

If you change your place of residence, you must submit documents for permanent registration at your new place of residence no later than 7 days. Place of residence is a residential premises in which a citizen lives permanently as the owner or under a rental agreement.

For violation of the rules and terms of registration, administrative liability is provided for both the citizen and the owners of residential premises (Administrative Code of the Russian Federation, Article 19.15.2.).

Registration is not only the fulfillment of the duties of a citizen to the state and society, but also additional opportunities:

• obtaining a TIN;
• registration of an insurance policy;
• compulsory medical insurance policy;
• right to medical care;
• placement of the child in child care institutions;
• choosing a place of work;
• registration of relatives;
• take advantage of social programs operating in the region.

Permanent or temporary registration is not the basis for the emergence of ownership of housing.

Why do you need registration?

The term “registration” itself does not exist in the law; there is registration at the place of residence or temporary stay.
But, most citizens living in the post-Soviet space are more familiar with the common people’s version. What is “registration” and why is it needed? Registration is registration with the Federal Migration Service and assigning a person to a specific address. The obligation to register is assigned by law to every citizen, including minor children, who under 14 years of age must be registered with one of their parents or legal representatives.

A citizen directly needs registration in the following life situations:

• when applying for a job, registering as unemployed (most often a person with a “non-local” registration may be refused);
• when attached to a clinic, school, or other educational institution;
• to receive social benefits;
• when receiving a loan or a loan (often banks do not want to cooperate with persons who have registration in another region);
• if the time of stay in the country is limited (applies to foreign citizens).

If we summarize the information, the following comes out: having a residence permit in one region, you can live in another, but you won’t be able to fully enjoy all government benefits.

It is for this reason that the Internet is replete with advertisements: offers for registration and search for providers of such services.

What rights does a person registered in a privatized apartment have?

One or all citizens registered in the residential premises can participate in privatization. The owner becomes the person to whom the documents for the transfer of ownership of the residential premises are drawn up. The owner of the property may refuse to register other persons or register them on his property.

A person registered in an apartment, but not the owner, has the following rights:

• live and use the premises;
• register your minor child.

The person registered must fulfill obligations to operate the residential premises and maintain them in proper condition.

How to register a person in your living space

The owner of the property and the future tenant submit applications to the passport office at the place of residence. The future tenant writes an application asking for registration, the owner gives his consent and provides title documents for the housing.

The owner of the property can, at his own request or under the terms of the contract, evict a citizen registered with him. It is important to warn about this in advance.

In the event of divorce, the non-owner spouse is required to vacate the apartment. But he can stay at his place of registration until a new place of residence is selected.

Perhaps you will find it useful:

Can an apartment owner sign out a registered relative?

Certificate of non-residence at the place of registration. When it may be needed and who compiles it

Registration procedure

How can you register a person in an apartment? The process of obtaining registration raises many questions. The speed of obtaining a result directly depends on the correct sequence of actions, and the probability of receiving a denial of registration directly depends on the correct presentation of documents.

Where to start, where to turn?

The start of registration depends on the type of property in which the person is registering.
If this is privatized real estate , then the consent of the owner is sufficient to begin with, since it is he who decides who is registered and who is not.

If there are several, then everyone must give approval.

It will be impossible to register anyone without the consent of at least one of the owners. If we are talking about municipal housing , then you need to start by obtaining permission from the landlord, tenant and other persons registered in it.

Where to register a person in an apartment? In almost any locality or regional center there is a branch of the Main Directorate for Migration Issues of the Ministry of Internal Affairs of Russia .

It is this body that is called upon to resolve all issues related to migration, registration, its issuance or withdrawal.

You can go there directly to register. This is the fastest way to get results.

Where else can I go? There are other places you can go to regarding this issue. They are designed to speed up the procedure by unloading the Main Department of Internal Affairs of the Ministry of Internal Affairs of the Russian Federation.

So, to submit a package of papers and an application to register a friend in an apartment or any other individual, you can:

• to the Multifunctional Center;
• to the passport office;
• through the State Services portal on the Internet. To implement this method, you must have a password and login. In addition, it will help you submit documents without a queue, but the original documents will still need to be submitted to one of the alternative places.

List of required documents

What is needed to register a person in an apartment? The standard set of papers depends more on the type of property than on whether a stranger is registered, the owner (tenant) or his relatives. The required set of submitted papers includes:

• passport of the person being registered or birth certificate if he is a minor;

• 
  a statement on his behalf;

• power of attorney, if the registered person does not apply for registration independently, but through a representative;
• real estate documents, such as a certificate of ownership in the case of a privatized apartment or a social tenancy agreement for municipal housing;
• technical documents for real estate;
• consent of the owners, if there are several of them for privatized real estate;
• consent of all registered persons and the landlord, if the housing is municipal.
• other papers required in a particular case.

Timing and cost

The wait for the result is three days if the documents were submitted to the Main Directorate for Migration Issues of the Ministry of Internal Affairs of the Russian Federation. If the choice fell on another place of application, then the waiting period will be about 5-7 days .

If the workload of the registration authorities is light, it is possible to obtain results faster. How much does it cost to register a person in an apartment?

In Russia, obtaining a residence permit for citizens is completely free. This procedure is not subject to state duty or other obligatory payments.

Expenses may only arise additionally, for example, when paying for MFC services or representative services.

Result

What documents are ultimately issued? Registration is confirmed by a stamp in the applicant’s passport. If he requires certificates of its availability, then he should notify the registration authority about this in the form of a separate application. If a minor has registered, then he is issued a certificate of registration in the established form.

Possible problems

Despite the fact that the procedure for obtaining registration is not particularly difficult, problems may arise.
For example, submitting an incomplete package of papers or documents that do not comply with the standards entails a refusal to accept them.

In this case, after correcting the shortcomings, you can apply for registration again.

Thus, you can register a stranger in both a privatized and a municipal apartment.

However, the process is slightly different as it requires the consent of certain individuals . The procedure itself does not differ from the standard one and does not require much time.

Rights of a person registered in a municipal apartment

Municipal housing is objects that belong to municipalities. Citizens live in them under a social tenancy agreement. The contract is concluded for an indefinite period.

Residents are required to take good care of their property, carry out routine repairs, and pay utility bills on time. They do not become the owners of the premises. Citizens have registration and certain rights:

• live indoors with your family;
• use utilities and common areas;
• register your child and family members in the apartment.

Important! Registration is carried out on the basis of a social tenancy agreement. All occupants of the premises must be named in the agreement.

In case of divorce, the former spouse does not lose the right to live in a municipal apartment.

Citizens registered in a municipal apartment cannot dispose of it - sell it, donate it, or bequeath it. But they have the right to privatize it if they wish. All persons specified in the agreement can participate in privatization and become full owners.

Registration of a relative with children

Let's take our example as a basis. The couple entered into an official marriage; the husband decided to register his wife in his parents’ apartment. Soon they had a baby, who was also registered in the parents’ apartment (according to the law, the owners’ consent to register a child is not required).

What problems can an owner expect after registering a new tenant and what is permanent registration?

A little time passes, the couple's relationship changes for the worse, they get divorced. And then, after the divorce, the daughter-in-law’s status as a family member is leveled, that is, she becomes a former relative of the property owners.

But if she does not have other housing that would allow her to live together with the child, then the court may allow her to live at the place of registration in the parental apartment until the child turns 18 years of age. And such cases are daily practice, because the main thing for the court is to protect the interests of the child. How everyone will live in the same living space is a secondary question.

What rights do those registered in a private house have?

Persons registered in a private house have the right to use this facility. You need to be very careful when granting registration to a person with children. A parent can register a child at his or her address. It will not be possible to discharge a child without providing another living space.

When selling real estate, the registered person cannot prevent this, but he has the right not to be registered. To prevent this from happening, it is important to correctly draw up a document that gives the owner of the house the right to register and discharge residents at will. This document must be certified by a notary.

Relatives

But more about her a little later. We are not yet aware of all the rights of permanent registration. So, it remains to pay attention to some features that have not yet been studied.

If you are registered in housing on a permanent basis, then you have the right to register your child at your place of permanent registration. In addition, close relatives are also capable, on your initiative, of being among the citizens who have the right to reside in a particular territory. And this is worth taking into account. If you are the owner, then you will have another very interesting right. Ordinary residents, even those with permanent registration, do not have it.

Can a registered person become an owner?

The owner of an apartment or private house can register a relative or a stranger in his living space. The registered tenant receives only the right to use the premises. He has no right to dispose of real estate. At the same time, the owner cannot independently discharge these persons from the apartment on his own initiative, unless they want to do this voluntarily. Forced deregistration is carried out only in court. Therefore, it is better to set a deadline when registering.

The right of ownership arises from a registered person in cases where the owner sold, donated, or bequeathed his property to him.

Features and Differences

Registration in a house does not give registered citizens ownership of the property.
However, if the residential space is owned by the state, then all registered residents can become its co-owners, provided that they have not previously been participants in privatization. This procedure provides such rights on a general basis in accordance with the latest edition of Russian legislation, whatever the circumstances. All residents, including minor children, become participants in privatization. At the same time, they do not lose the opportunity to independently become participants in privatization after coming of age. Since privatization may become a burden in the future, it is necessary to make extremely thoughtful decisions regarding the registration of new residents in the apartment, even if they are relatives.

Registration gives the same rights to both the registered person and the owner of the living space, with the difference that only the owner of the property can dispose of it, enter into transactions and bears full responsibility for the safety of the housing and possible debt. On the other hand, for the owner, registering new residents, even if they are very close people, is always associated with many risks.

Applications for registration at the place of stay and place of residence: samples of completion