The law states that a homeowner cannot protest against a child’s registration if one of his parents is registered in the area. However, there are situations when it is dangerous to register a child in your apartment. Landlords are especially afraid of this, although temporary registration does not have any negative consequences. Let us examine in detail what the law and judicial practice say about the registration of minors in their own and municipal housing.
Rules of law
The responsibility of parents to care for the child is enshrined in law in Article 65 of the Family Code. The exercise of rights and obligations in relation to a minor is possible only if you live together with him.
Registration of a child at the place of residence from the first days of life is socially significant. Linking to an address provides a legal basis for registration at a clinic and for attending kindergarten and school. The registration procedure does not depend on the age of the child; it is carried out in accordance with the general procedure.
The basis for registering a child under 14 years of age in a residential area is the fact that his parents live there. Chapter 20 of the Civil Code of the Russian Federation speaks about this.
It is dangerous to register a child in your apartment in the following cases:
- when the child is a blood relative, and family relationships are strained;
- when housing is municipal;
- if real estate transactions are planned.
Another unpleasant but everyday point is that in the event of the death of the home owner, the registered child can claim the property as an heir. This is stated in Article 1148 of the Civil Code of the Russian Federation.
Who is responsible for the design
There are several bodies authorized to accept documents:
- management companies and housing office,
- multifunctional public service centers,
- local authorities.
Accepted documents are transferred for execution to specialists of the territorial division of the Ministry of Internal Affairs. You can send documents by post, come to a personal appointment, or send them online through the gosuslugi.ru portal.
Based on the results of registration, a certificate is issued in form No. 8.
7 information that is indicated in the document:
- name of the organization that issued the document,
- Full name of the minor,
- date of his birth,
- exact address of stay,
- deadline for registration,
- signature of the manager certifying the certificate,
- seal of the institution.
The certificate itself has no legal force; it is an attachment to the birth certificate. The details of the certificate are indicated in the certificate.
What are the risks of registering a child in your own apartment?
The risks of registering a minor in an apartment should be assessed based on the presence of a close relationship with the child.
The law allows the owner of a residential property to register any citizens on its territory, regardless of the degree or presence of kinship. Several generations living in one apartment is a common thing. There are often situations when a young family is registered in their parents’ house, but lives in a rented apartment.
With the birth of a child, the question of his registration arises. And here grandparents should be on their guard - registering a grandson will give him the right to live in the house until he reaches adulthood. According to Russian legislation, blood relatives in three generations are considered close (Article 14 of the Family Code). This means that no court will have the right to evict a child without his consent, as a member of the owner’s family. It is impossible to recognize a grandson as a “former relative”.
Design nuances
There are three types of certificates issued by registration authorities:
| Form number | When is it issued? |
| №3 | Temporary stay in an apartment |
| №8 | Permanent residence |
| №9 | Information about all citizens registered in the residential area |
There is a need to obtain a certificate in the event of the birth of a baby or moving to a new place of residence.
The certificate is issued to the mother, father and guardian of the minor. The document can also be issued to an authorized person on the basis of a power of attorney. No adjustments are made to parents' documents. A separate certificate is simply issued confirming that a minor citizen occupies living space legally.
In addition to permanent registration, you will also have to do temporary registration when the family moves for a period of more than three months. You can avoid bureaucratic procedures when the move is carried out in one region. For example, a family is registered in the Moscow region, but moves to the capital. However, if a family with a child moves, then you will still have to register, otherwise you will not be able to get into a school or preschool institution.
Registration of benefits and social benefits is also “tied” to the place of residence.
Temporary registration of a child in his own apartment
Temporary registration is most often issued when renting housing. In terms of social guarantees, temporary registration is no different from permanent registration. Children and adults will be able to receive medical care, kindergartens and schools will become available.
There are no dangers in temporarily registering a child. If everything is formalized according to the law, then with the end of the rental period, the temporary registration automatically ceases to be valid. The status of registered residents, their age and the availability of other housing do not matter.
What will happen to rent and other payments?
They will grow up. According to the rules of modern legislation, a person lives where he is registered.
Accordingly, he is obliged to pay for the services provided to him. The amount of rent increases with the addition of each new one registered.
As you can see, there is nothing comforting for the owner in the prospect of permanently registered residents. It will be extremely difficult to get rid of them if they themselves do not want it, but it is still possible through the courts.
And if we are talking about municipal housing, then this will mean that you yourself have given a person the legal opportunity to become a co-owner of your home.
Why is it dangerous to register a child in a municipal apartment?
The law allows a child to be registered in any housing, even in an emergency one. There are no restrictions on sanitary standards or the limit of square meters per person. Registration on a state square gives the tenant the right to claim a share during privatization, even if he is not a blood relative of the responsible tenant.
Tenants can be forcibly evicted from municipal housing if their actions fall under Article 91 of the Housing Code of the Russian Federation. To do this, you will need to collect evidence of their bad faith and file a claim in court. However, this article does not work when it comes to incapacitated citizens.
It is impossible to forcibly discharge a child even by court if his parents do not have their own home. The mother or father will have every right to live with the minor. In case of privatization, all residents will receive equal shares of the living space. After which they will be able to sell, donate, or bequeath their parts without asking the owner. Thus, the apartment can “go to the side.”
You can get rid of the parents of a minor only if you deprive them of parental rights. But even in this case, the child will retain the right to housing.
Submitting documents electronically
On February 1, 2010, an Internet portal for the provision of State Services began operating, with the help of which many legal procedures can be simplified. Citizens can submit an application for temporary registration on the specified website by first filling out a special form. If the request is approved, the applicant receives a corresponding notification by email. Within three days, FMS employees are required to inform the applicant that his documents have been accepted for consideration.
If at least one property owner is against an outsider occupying his living space, such an application will be canceled.
With the consent of all owners, the tenant must come to the passport office within 3 days to obtain a registration stamp.
Arbitrage practice
The decision of the Supreme Court clearly demonstrates the danger of registering a child in one’s own apartment. The case of a dispute over grandmother’s square meters was heard in Penza. The father's mother registered her granddaughter in a municipal apartment. After the mother's death, the child's father became the main tenant. After some time, he decided to discharge his daughter, citing the fact that his ex-wife had her own home.
The court of first instance rejected the claim, leaving the girl's registration in force. The appeal reviewed the district judge's decision and issued a verdict that the daughter should be discharged.
An appeal of the eviction decision in the Supreme Court put an end to the issue of the child's registration in the apartment of the deceased grandmother - it was recognized as legal.
The arguments are as follows:
- The newborn was registered at her father's place of residence by mutual consent. According to the law, the girl acquired the full right to use residential space on an equal basis with other residents (Article 69 of the Housing Code of the Russian Federation).
- At the time of my grandmother’s death, when my father became the main tenant, he did not challenge the registration.
- Whether the mother has her own home does not play a legal role in deciding the child’s registration. In Russia there is no legal provision that would allow the tenant's relatives to be evicted without their consent, if they do not violate the rules for using housing.
- The child is not able to exercise his right to housing himself, so arguments that the girl lives with her mother in another apartment are not taken into account.
The danger of registering certain categories of citizens
Difficulties and unforeseen situations may arise in the case of registration of not only children, but also some other social strata. These include refugees and pregnant women.
In the first case, visitors may have children, information about which they are in no hurry to provide. Also, according to the law, when registering forced migrants, it is required to notify not only the local passport office, but also the regional departments of the Federal Migration Service. And if the owner of the living space forgets about this procedure, and the refugees appear at the migration service, the owner of the apartment will be fined.
There is one more nuance regarding immigrants. Numerous relatives often come to “visit” them for six months or more. This issue can be resolved with the participation of police officers or the Federal Migration Service.
As for pregnant women, their temporary registration in itself does not involve any risk, because formally they are ordinary citizens.
Problems may appear after the baby is born. As described above, the mother has the right to register the baby without even telling the homeowners about it. After which she can register with her child herself.
There are also known out-of-the-ordinary cases when visitors who have received temporary registration change the locks in the apartment and threaten the owners or commit other offenses. Such situations are considered only in court, and a lot of nerves and effort are spent on eliminating them. So, when deciding to register a stranger in your home, you need to weigh the pros and cons.
Results
- Russian legislation protects the interests of the child, giving parents the right to live with him in the same living space. This could result in the appearance of an unwanted tenant in your apartment for many years.
- Non-privatized square meters are allocated to a newborn on a general basis, even if the child is a stranger to the main tenant.
- Temporary registration terminates automatically, so there is no danger. When renting out an apartment, the main thing is to correctly draw up the lease agreement.
- It is impossible to evict a child “on the street” even in court if this child is a grandson. Divorce of parents does not end the blood relationship between grandparents and grandchildren.
Do I need to register relatives?
Decree of the Government of the Russian Federation No. 713 obliges the home owner to register residents with the Federal Migration Service if they live in his living space for more than 90 days. The owner of the apartment must give permission to move in, personally go with the citizen registering to the FMS department and sign a consent for temporary registration.
The registration procedure is mandatory for the owner. Violation of the requirements of Decree No. 713 is punishable. Sanctions are provided for in Art. 19.15.1 Code of Administrative Offenses of the Russian Federation for both residents and property owners. Depending on the region of residence, the fine ranges from 2,000 to 7,000 rubles.
The registration period is established by agreement between the parties. Written consent to move in will serve as the basis for citizens to live in the apartment. But the child does not need such consent. The owner of the property, having allowed an adult into his living space, does not have the right to prohibit the tenant from registering his small children at the same address. The basis for registration is the fact that the parent lives in the apartment.
Important! The above-described inability to prevent the registration of a minor can sometimes result in extremely unpleasant consequences for the owner. Residents can move any number of children into the apartment, which will negatively affect the amount of utility bills and can also cause other troubles.
How to register a minor over 14 years of age?
If a minor has reached the age of 14, he can be registered in any apartment in which his parents are not registered. But, for this it is necessary to draw up their permission, certified by a notary. The child must also fill out an application for registration independently.
The following documents must be added to the application:
- application in form No. 6;
- child's passport;
- consent from the citizen who represents the living space.
It is worth considering that a minor child must be present during the registration procedure.
