How to correctly register in a non-privatized and municipal apartment? What does the law say about such registration?

Is it possible to register in a non-privatized apartment?

Registration in a municipal apartment is possible. Both family members, relatives and other citizens have the right to this. Consent is not required for the registration of minors.

If family relatives are registered, then it must be obtained from all people (adults) who are registered in the apartment. When a complete stranger registers, you will have to coordinate not only with all adult family members, but also obtain permission from the owner of the property, that is, the municipality.

Tenant's family rights

Registration of citizens in municipal housing largely depends on their relationship with the tenant of such premises.

The legislation provides that registration of the family of a citizen renting housing from the municipality does not require the consent of the residents . Without any problems, an employer can register the following on an area that is not privatized by him:

• married spouse;
• their children;
• your parents.

Registration of a family in residential premises owned by the municipality does not require the consent of the landlord and does not depend on the residents registered in the premises, but is carried out according to a simplified procedure established by law.

A refusal to register a municipal residential property due to non-compliance with the standards established by law can be appealed to the courts by filing a statement of claim.

Various questions may arise not only when registering for municipal housing, but also when registering in a privatized apartment. The following articles from our experts can answer some of them:

• Registration of permanent registration without the right to living space.
• Consequences for the owner after a person registers in his apartment.
• Is it possible to register a person without his presence?
• Is it possible to register without the consent of the apartment owner or without his presence?
• Who is allowed to register in a mortgaged apartment?

What rights does registration give?

The legislation provides certain rights to persons registered at the place of residence. These include:

• right to use housing;
• move into the rented apartment your children who are under 18 years of age. This does not require the permission of all other citizens registered in this living space;
• register relatives. The consent of the other residents is required;
• receive municipal housing if the rented apartment is recognized as unsafe, in other cases provided for by law.

Important! Participate in the privatization of real estate in which a person is registered.

Why do you need registration and is it mandatory, what is temporary and permanent registration at your place of residence, read here.

Regulations

Apartments owned by the municipality are the inalienable property of local administrations. Registration in them is regulated by Article 70 of the Housing Code of the Russian Federation, which allows the tenant of housing, without restrictions, to register with him persons who are officially members of the same family, and, subject to certain conditions, citizens who are related to him.

Unlike housing, which is owned by the owners, the registration of a certain category of persons is influenced by certain restrictions established by law related to the standards for recording living space acceptable for registration.

As required by law, the area of ​​the premises per person living should not be less than the minimum established size - 10 square meters.

The established norm for recording living space does not apply to close relatives of the tenant, whose registration is carried out according to the simplified procedure provided for by law.

You can find out how many people are legally allowed to be registered in one ordinary apartment here, and we talked about how many people can be registered in a communal apartment in a separate article.

Reference! In the case of registration of a relative, changes specified by law are made to the drawn up agreement, and the registered citizen has his share in the living space provided to him.

How to register a relative

First of all, you need to obtain the consent of all residents. Then you will have to contact the Federal Migration Service or the passport office of the house management. If, of course, there is one. Of course, a wife can live in her husband’s apartment without registration, but this may result in fines. The following documents are submitted to the government agency:

• statements from all residents, that is, their written consent. To do this, you will have to visit the passport office and fill out the prescribed form;
• the registrant writes a statement in Form No. 6. It is also signed by the landlord;
• passport of the person wishing to register;
• a certificate stating that the person has been discharged from his previous place of residence;
• if the person has not yet been discharged, then he will need to additionally fill out the detachable part of the sixth application form. A copy of this document will be sent to your place of previous residence;
• social rent agreement.

Attention! Registration may be refused. Most often, they are refused when the living conditions of the remaining residents worsen.

Price and terms

The registration process takes from 3 to 7 days, provided that there are no additional questions regarding documents or other complaints.
The result of registration will be a note in the passport indicating the new registration, the date of registration and which government agency provided this service. The procedure should be free for all citizens of the Russian Federation. The only fee may be filling out an application or other documents personally by civil service employees - and this is at the suggestion of civil servants, as well as at the request of the applicant himself. In case of refusal, the person fills out all the paperwork himself.

Registration of a minor

To register a minor in a non-privatized apartment, one of the parents writes an application for registration of the child at the place of residence of his parents. The second must give consent (must be written) to register the child. Without it, the procedure is impossible.

The following must be submitted to the passport office along with written consent:

• parents' passports;
• child's birth certificate;
• extract from the house register.

Each document must be accompanied by a copy. Copies are also submitted to the Federal Migration Service. The child must be registered within a month. Otherwise, parents may be fined.

A completed standard form for child registration.

Procedure for registering a non-relative

The procedure for registering a non-relative of the employer is generally similar to the standard one, but with some restrictions. To submit an application for registration with the Federal Migration Service, you must first obtain the written consent of all other persons registered in this municipal housing area.

The Federal Migration Service will certainly check what the number of square meters per each resident will be after registration. Each municipality has its own living space standards, the reduction of which is unacceptable. If it turns out that after registering an additional tenant the norm will not be observed, then the acceptance of documents may be immediately refused.

Stranger and foreigner

It is important to remember that the main requirement for registration in an apartment of a stranger, not a relative, is the consent of the people living in it and, most importantly, the consent of the landlord, the owner of the property, that is, the municipality. in a municipal apartment without such consent.

The landlord may refuse if the housing standard, that is, the housing area assigned to each registered tenant, decreases when a new tenant moves in.

When registering, a foreigner submits a passport to the passport office, documents for housing, if he owns it, provides a migration card, and fills out a notification from the Federal Migration Service about his registration at this place of residence. Registration is carried out within 7 days.

Application form according to Form No. 6 for registration of a foreigner.

Sample of filling out the document.

We talked about temporary registration of foreign citizens at their place of stay through Russian Post here.

Is this possible without the consent of the homeowners?

The category of citizens who are related to the tenant is registered in the living space only if consent is obtained from all residents of the premises. The written consent of each apartment tenant is registered by a notary.

The law provides that permission for registration is required from residents in cases where the following are registered on a municipal square:

1. brothers and sisters of the tenant;
2. other citizens who are officially related to the citizen renting residential premises from the owner.

Attention! Registration of distant relatives is allowed upon receipt of the consent of the landlord and provided that the area of ​​the housing complies with certain legal standards and is acceptable for the registration of one or more people.

You can find out whether the consent of all residents is required if you plan to register not in municipal housing, but in the owner’s apartment, here.

Documentation

Documents must be submitted to the passport office within 7 days. To register you will need:

• personal statement. For this purpose, the law establishes a special form (F-6);
• certificate of departure (extract) from the previous place of registration;
• the applicant’s passport must contain a note indicating that he was deregistered where he previously resided;
• consent (written only) of all residents (meaning adults);
• consent of the landlord, property owner. It is given in writing;
• receipt of payment of state duty;
• Marriage certificate. If they register with their spouse.

Form No. 6 is a standard printed application form. It is called “On registration...” In the empty fields you need to fill in the following data:

• where the applicant is applying. We indicate the FMS branch;
• from whom. Full name of the applicant;
• where did you come from? That is, the place of previous residence;
• who provides housing. We indicate the degree of relationship, full name;
• basis for registration. They are served by a person's statement. providing living space;
• applicant's passport details. Name of the document, series, number issued by whom, date of issue;
• then the signature of the applicant and the person in whose apartment the applicant is registered.

Standard form form No. 6.

Then follow the service notes. The signature of the person providing the housing is certified and the decision is indicated. accepted on this appeal. A tear-off coupon is attached to the form. It is used in that case. when the registering citizen has not yet de-registered at his old place of residence.

The coupon indicates which department of the Federal Migration Service he is being sent to, and sets out the applicant’s request to remove him from the register . It is signed by the applicant and sent to his old address.

Family members are required to provide written consent for registration. It can be drawn up in any form or filled out in person at the passport office. FMS offices have printed forms of such documents. If it is not possible to visit the FMS office, then the application must be notarized.

The application form is something like this: I, full name. in full, address, passport details, I give my consent to register a citizen of such and such (full full name)

In order for a family member to agree to live in the apartment of a relative or other person. He needs to be persuaded . There is no other way.

The employer must submit a statement requesting registration of the person arriving at his address.

Consent to registration.

Why do you need a social tenancy agreement?

Every person is a participant in legal relations in the state and has the right to enter into contracts, including social rent, in order to create normal living conditions for himself and his family. The subject of such an agreement is an isolated residential premises or part thereof.

The agreement is concluded with a family representative, and after his death it is renewed with the consent of all residents.

Registration in a non-privatized apartment does not have an expiration date, so a tenant who conscientiously performs his duties can be evicted or discharged solely by a court decision or sentence.

Is it legal to live without a social tenancy agreement?

The rules for registering and deregistering citizens of the Russian Federation at their place of stay and place of residence provide for notification of the registration authority about the residence of citizens without registration.

The tenant is obliged to report the person living without registration within 3 working days by submitting an application in the established form:

• in electronic form,
• by mail,
• upon personal visit.

In addition, according to Article 19.15.1, living at the place of stay or place of residence without registration is classified as an administrative offense. This entails liability: the employer faces a fine of 2,000 to 5,000 rubles, a citizen without registration – from 2,000 to 3,000 rubles.

Terms of the social rental agreement

The agreement is concluded in simple written form. It must contain complete and reliable information about the owner of the property (municipal or housing stock), the tenant and members of his family.

The document must indicate all the characteristics of the premises:

• location;
• floor;
• square;
• description of the premises and the property located in it.

The area of ​​the premises provided is established in accordance with the standards adopted by local governments in a particular region. This is provided for in Art. 50 of the Housing Code of the Russian Federation.

The contents of the agreement should include a list of the rights and obligations of the parties. A clause is provided indicating the grounds for concluding the agreement (decision of local authorities), as well as the conditions for changing, terminating or terminating the agreement.

, on the basis of which contracts concluded in a different form can be challenged at the request of one of the parties in court, in accordance with Art. 203.

Termination of a social tenancy agreement

Article 83 of the Housing Code of the Russian Federation provides for a number of grounds for termination of a contract and eviction from municipal housing:

Depending on the basis on which the social tenancy agreement is terminated, the legislation provides for three options for eviction:

• with the provision of comfortable living quarters;
• with the provision of housing that may not be comfortable;
• eviction without provision of other living space.

Where to submit?

Documents for registration are submitted to the passport office of the Federal Migration Service or the management company, house management, if such departments exist in these organizations.

Registration is an important state institution. It is needed not only for accounting, but also for the fair distribution of social benefits. Providing citizens with medical and educational services, calculating pensions and the like. It is no secret that a person who does not have a residence permit has no right to apply for state assistance. Therefore, you should not neglect it.

Legislative basis

The registration procedure must be controlled at the legislative level. Therefore, the following laws and regulations exist to regulate this process:

• The Constitution of the Russian Federation, Article 27, paragraph 1, stipulates that every citizen has the right to independently choose his place of residence or stay;
• Government Decree No. 713 (dated July 17, 1995) establishes the rules and procedure for registration or deregistration, as well as a list of persons who have the right to submit documents for registration or deregistration to special services;
• Law No. 5242-1 (dated June 25, 1993) provides for the human right to freedom of movement and choice of place of residence.

What documents will be needed to apply for registration?

For registration you need to collect a whole package of documents

To register an adult citizen, you need to prepare a number of documents. Namely:

• passport (original);
• social tenancy agreement;
• certificate from the place of previous registration + certificate of departure from the previous place of registration;
• permission from the landlord (application for registration in form No. 6 with signatures of the municipality and the applicant for registration);

Until recently, citizens liable for military service were required to provide a military ID, but this requirement has now been removed. However, there are still some branches of the Federal Migration Service that follow the old order. Apart from this, no further paperwork is required.

Temporarily or permanently

Before dealing with the issue of registration, you need to clearly understand some of the differences between permanent and temporary registration. Indeed, in the first case, more problems usually arise. Although both are ways of registering citizens. So how are they different?

Temporary registration is a method of registering a citizen on the territory of the Russian Federation, but it is temporary. After this, no entries are made in the passport. You will be given a special registration certificate. Once this type of registration expires, you will have to re-apply for it. In demand among visiting citizens (foreigners).

But permanent registration is a completely different concept. Yes, the process is also a form of registration. But it has no validity period and is also entered in the passport. It stops only when the citizen checks out of the apartment. Suitable for those who decide to permanently reside in a particular territory. Moreover, permanent registration gives special rights that are not available with temporary registration. For example, the right to participate in further privatization. It is this type of registration that you need to choose if you decide to live long-term (or even permanently) in a particular territory.