Very often, owners face the problem of registering friends or relatives in their own apartment, and this adds unnecessary headaches to this matter. This becomes especially difficult when registering persons under the age of majority.
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It's fast and free! In this case, an excellent option would be registration without the right to living space, which has many advantages and with its help you can avoid a number of difficulties.
Can the owner register it on his privatized living space?
If the owner of privatized housing is not the sole owner, then he cannot provide registration without the consent of the other owners of the apartment.
However, an exception is registration for a minor child. With one owner of square meters, he independently decides who to provide registration in his real estate.
to whom the owner of the property gives consent to this procedure can be registered in privatized housing
Agreement with the tenant
In order to prevent unpleasant situations, it is recommended to enter into a rental or free rental agreement with a new tenant, even if he is a relative, which will spell out all the rights and obligations of both parties.
The agreement usually contains the following information:
- the period for which a person is temporarily provided with a house and registration in it;
- rights and obligations regarding housing maintenance;
- degree of relationship, if any.
The last point must be indicated if you have to evict a person through the court. If he is recognized as a direct relative of the owner of the house, then this will be more difficult. This agreement must be drawn up in the presence of a notary officer, who will confirm the legality of the paper with his signature.
Registration procedure
There is a certain algorithm of actions according to which the owner and the citizen registering must collect documentation and appear at the place where registration will be carried out. This process does not take much time, but you need to know its features.
Where to contact?
Today, registration is carried out at the offices of the MFC, the Federal Migration Service or the passport office. Many people have noticed that if you use the Gosuslugi portal, you can significantly reduce the waiting time. The management company is also obliged to accept a corresponding application from citizens.
If the homeowner has decided to provide registration to his relative or friend, then he needs to follow the following algorithm of actions:
- The first thing you need to do is visit the MFC, the Federal Migration Service office or the passport office, where you will need a number of documents.
- A citizen who is going to register at a new address must be removed from the previous place of registration.
- If, in addition to the person applying, there are other owners of the premises, they will require written consent for registration; if there is a single owner, one consent from him is required.
- A citizen who wishes to obtain a residence permit fills out an application for its provision at the address of the apartment owner. If he has not previously managed to de-register at his previous place of residence, he must indicate the arrival and departure addresses in the application.
- Documents are being submitted.
- The person registering appears to receive a passport, where a registration stamp will be affixed.
In order to save time and not stand in line, you can make an appointment to receive documents in advance: to do this, you should leave a registration application on the website of the State Services or MCF.
Required Documentation
To submit applications, a number of necessary documents will be required from both parties. These include:
passports from the owner and the person wishing to register;- property registration certificate;
- if other owners cannot visit the registration office, they send proxies (if necessary);
- an agreement that serves as the basis for the transfer of ownership of housing.
The person registering will be required to:
- military ID, as well as registration sheet (if he is liable for military service);
- an extract provided from the previous place of registration.
Registration deadlines
The registrar informs about the period required for reviewing the papers. Sometimes this period is three days, but the registrar can increase it to eight. In situations where an extract from the previous place of residence has not been made, the process is delayed for up to 30 days.
How to discharge a person
Contrary to popular belief, expelling a citizen from an apartment by decision of the owner is not so simple. To do this, you will need to send an application to the court and provide evidence why the court should satisfy this requirement. For example, they may include information that a person does not live at a given address for a long period of time.
The basis for refusal in court may be the person’s lack of another place of residence. It is even more difficult to discharge a person from a municipal apartment, because there is no separate owner; all registered residents have equal rights.
Voluntarily discharge is also not so easy. A government agency cannot deprive a person of registration, in other words, write him out “to nowhere”; there must be another address where he will be attached.
The situation with minors is even more complicated. The owner does not have the right to deprive them of registration without the permission of the guardianship authorities, which are obliged to protect the interests of the child. And the guardianship authorities may not give their consent if the new housing where the child will be registered is worse than the previous one.
Is there a state duty?
Many people submitting the package of documents required to apply for permanent registration without the right to property wish to attach a receipt for payment of the state fee, as was the case before.
Previously, it was indeed mandatory, and it was applied, but now registration at the place of residence is an absolutely free procedure.
The only exception is the registration of stateless persons and foreigners, who are required to pay 350 rubles for the completed procedure.
In 2013, the FMS made an attempt to return payment for registration actions; a package with documents for changes in the Tax Code of the Russian Federation was ready. However, the project was never approved.
From this we can conclude that citizens of the Russian Federation do not need to pay for registration . Therefore, only foreigners and stateless persons will pay.
How is this issue regulated at the legislative level?
The lack of permanent registration can negatively affect the living conditions of a citizen or an entire family. Moreover, here we are talking not only about imposing a fine, but also about the difficulties that people face when looking for a job or enrolling a child in kindergarten or school. A citizen will not be able to receive benefits or subsidies allocated by the state for especially needy categories of citizens.
Russian legislation guarantees any citizen free movement throughout the country. The right to choose a place of residence is also reserved for any person. If a citizen has a permanent registration mark in his passport, this does not mean that he receives the right to part of the premises and can sell or donate the property.
Registration without ownership rights only allows you to use the premises and gain free access to it. In the event of a change of registration or during a long stay at a different address, citizens are required to notify the authorized body of this fact, and then apply for a new permanent registration or obtain a temporary registration.
The best option is to register with relatives, since the presence of registration by another person (not the owner) does not in any way infringe on their property rights to the living space and will not have any legal consequences.
Documents that will be provided after registration
If we are talking about permanent registration, then the registered citizen will have a corresponding stamp in his passport.
It will confirm that the person is registered in a certain residential area. The passport will need to be handed in along with the documents ; instead, they will provide a receipt indicating that the passport was confiscated for a valid reason.
A similar rule is enshrined in paragraph 18 of the Administrative Regulations, which forces citizens to confirm their registration with a stamp in their passport.
The concept and purpose of registration
The concept of “registration” has not legally existed in the Russian Federation since 1993. Since then, the term "registration" began to be used. Then the totalitarian regime was replaced by democracy, which took as its basis the thesis that the institution of registration infringes on human rights in the new Russia.
Registration can be permanent or temporary. The first option is no different from registration - a stamp is affixed to the passport indicating the citizen’s place of residence.
Temporary registration indicates where a person is currently located. In this case, he receives a certificate, but there is no mark in the passport.
In relation to what permanent registration affects, the following fundamental point appears - its presence provides the right to dispose of real estate in some way.
Refusal
In most cases, refusals are received by citizens who made a number of errors in filling out the application or did not provide a complete package of documentation.
To correctly formulate a package of documents and correctly fill out the application, you can seek the help of qualified lawyers. They know the intricacies of registration and will help with filling out the paperwork for submitting documents.
There are other reasons for refusal. Registration activities may be limited in certain locations:
- Territories where a state of emergency has been declared.
- Military zones.
- Areas where quarantine has been introduced.
- In areas close to the border.
- Where the environmental disaster occurred.
Risks of permanent residence registration for the property owner
By registering a stranger on your square meters, the owner is taking a risk. It is very difficult to discharge a tenant, if necessary, without his consent, and there are cases where it is completely impossible.
The situation can be aggravated by the unseemly behavior of the tenant, who has been granted permanent registration without the right to living space. All papers about overdue payments, summonses from the military registration and enlistment office, receipts for payment of fines for traffic violations recorded by the traffic police will be sent to the mailbox at the new address.
Late payments mean, first of all, delays in the transfer of funds or their complete absence to repay the debt on the loan received.
The fact is that permanent registration without the right to living space can be accepted by the bank when applying for a consumer loan. And if the tenant-borrower becomes insolvent, the owner of the property will begin to be bothered by annoying calls from a financial institution with a request to invite the unfortunate tenant to the phone. And if the negotiations do not lead to anything, a visit from collectors will add nervousness to the home environment.
But the peculiarities of registration without the right to living space do not end there. In order to privatize an apartment, the consent of the temporary tenant will be required. But even if he formally refuses privatization, he will retain the right to reside in this residential premises. He will lose it only by de-registering voluntarily and registering at a different address.
Features and nuances
There are a number of nuances and features associated with the registration of a person without property rights. Questions often arise regarding the nature of home ownership. Each of them needs to be considered in detail.
For municipal housing
If the housing has not been privatized, but is municipal, then registration will mean a social rental agreement. However, it also has limitations.
If a social tenancy agreement is taken into account, then each tenant must have at least 12 square meters of living space. It is not so easy to obtain a residence permit: you need to contact the local municipality, which must give the appropriate permission for official settlement. There you also need to submit an application about your desire to be registered.
You must provide a departure slip, a social employment order and a passport to the passport office.
You need to obtain consent not only from the municipality, but also from every citizen registered in the apartment.
The danger of registration in municipal housing suggests that the new tenant may participate in privatization if it happens in the future.
For privatized real estate
Once a citizen is registered in privatized housing, it will be extremely difficult to discharge him . This can be done through the court. This will add additional problems:
- it is almost impossible to sell an apartment with a registered person;
- It is difficult to discharge a citizen;
- extracting through the court will take effort and money;
- If the person registered has registered the child, it is difficult to discharge him from the apartment.
How to register a child without the right to housing?
Minor children can only be registered in the premises together with one of the parents. You can get this opportunity after registering the ownership of your home. This is possible in the process of donation or transfer of property in its entirety. Sometimes parents register a share in the name of their child, buying an apartment as their own through a mortgage.
Registration in someone else's premises can also be issued, and there are some nuances here. A child until he reaches the age of majority will not be able to dispose of property and enter into transactions in relation to it.
If parents register in someone else’s (for example, in a rented) apartment, then the condition for their registration is the absence of any ownership rights to the living space. Registration of minor children is carried out without obtaining consent from the owners. Until they reach a responsible age, children, like parents, will not be able to claim property.
The best option may be for the parents to conclude an agreement with the owner to provide the right to use the housing for a certain time. After the expiration of this period, a citizen may demand the forcible eviction of parents and children at any time.
When drawing up such an agreement and when registering for registration, residents with children should be as careful as possible. Sometimes it happens that, having terminated the agreement ahead of schedule, it will be impossible to achieve eviction from the apartment even through the court. The family will be able to live in the apartment until the end of the rental period. Sometimes, even after the end of the term, the family continues to live on the premises, citing the fact that they do not have their own apartment and there is no opportunity to register their children.
How to register?
To obtain any type of registration, you must contact one of several authorities:
- Main Department of Migration Affairs of the Ministry of Internal Affairs of the Russian Federation. It is this body that deals with registration issues and issues registration for citizens and foreigners;
- passport office in the housing department;
- MFC. The service, which today operates under the name “My Documents,” acts as an intermediary between the applicant and the Main Directorate for Migration of the Ministry of Internal Affairs of the Russian Federation. Contacting this particular authority has certain advantages;
- The State Services portal allows you to submit an application and documents remotely. The main advantage of applying through the portal is that there is no need to stand in line when submitting an application.
The fastest way to process the application will be through the Main Department of Migration Affairs of the Ministry of Internal Affairs of the Russian Federation, but contacting the MFC allows you to choose the closest and most conveniently located branch.
The standard sequence of actions when obtaining registration includes:
- collection of documents;
- submitting an application and documents to the selected authority;
- receiving the result and a stamp in the passport confirming the presence of registration.
Intermediate stages may arise, for example, if it is necessary to obtain the consent of the owner of the premises or issue a power of attorney.
Temporary
One of the types of registration is temporary.
There are no special features when registering, but the cancellation procedure is slightly different. It expires immediately after the expiration of the period for which it was issued. If registration took place at the address of a rented apartment, then the registration is terminated due to the expiration of the rental agreement. In addition, temporary registration does not provide some of the rights that permanent registration provides.
For example, the right to express an opinion on issues of registration of other persons, etc. The advantage of this option is that utility bills do not increase.
Constant
Permanent registration in an apartment without ownership rights is issued in the standard manner.
To obtain a residence permit, you must contact the chosen authority and submit an application, as well as a certain package of documents:
- passport;
- consent of the owner and registered persons, if a person over 18 years of age is registered;
- a document confirming the existence of grounds for registration, for example, a rental agreement.
If we are talking about a child, then the consent of the second parent will be required if they live separately. After submitting the documents, registration information will be entered into the passport within 7 working days. It is handed over for the duration of registration, in return the employee issues a receipt confirming receipt of a personal document from the citizen.
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What does registration without ownership of living space give?
It is possible to register a person in a living space that is not owned. This occurs when the apartment is, for example, state or municipal.
To do this, you need to draw up an agreement with the owner of the premises. The employer himself cannot register anyone at his own request. Sometimes it is necessary to obtain the consent of other persons living there.
If the apartment is subsequently privatized, then such registered residents become the holders of the right to participate in this process.
If housing is not privatized
A citizen can be discharged or registered in an apartment only in the manner prescribed by law. Special requirements apply to residential premises that are not privatized.
To register and legally reside there, a citizen must have the consent of the employer - a state or municipal body. It must be in writing. If there are other persons living in the premises, you must also obtain their permission.
After all the necessary stages of registration have been completed, the citizen registered in the housing becomes the owner of a full range of rights to own the premises. He also bears the burden of maintaining the house or apartment.
Thus, registration is a special legal act that involves assigning a citizen to a certain area. Registration is carried out by internal affairs bodies, namely the migration registration department.
