Legal residence in an apartment is confirmed by registration - or registration, as it was called before. Today it is correct to say “registration at the place of residence” and not “propiska”, however, at the everyday level there will not be a big mistake in using the latter term. The process of registering an apartment in Russia has been worked out and does not require much effort or a long time.
Registration in an apartment in 2020
It is believed that registration gives a wide range of rights to the resident, including the requirement to allocate a share in the housing. However, it is not.
According to current civil law, permanent registration in an apartment confirms that a person lives at this address all the time. In 2021, registration provides the following benefits:
- the right to legally reside in an apartment;
- the right to use this address as the main mailing address for administrative and judicial needs;
- the right to receive state and municipal services in the area of registration - for example, enroll a child in a kindergarten or school, receive free treatment in a clinic;
- some employers take seriously the presence of registration in the city where the job is located;
- Banks and other lenders often have registration requirements in their service region.
Registration in an apartment (whether permanent or temporary) does not give ownership rights to it. This is a fundamental point. A registered person who is not the owner cannot sell the property at his own discretion. The owner, on the contrary, has the right to evict him at any time - with the exception of a number of cases when, for example, children are involved.
How to do it?
The registration procedure at the place of residence consists of several stages.
- First you need to choose a place to stay.
- Afterwards, obtain the consent of the owner, the tenant in municipal housing and other residents (whether it is possible to obtain temporary registration in municipal housing and how to do this is described here). It must be in writing.
- After this, you should prepare the necessary documents, the list of which is established by the rules of Order of the Ministry of Internal Affairs of Russia dated December 31, 2017 No. 984. Both originals and certified copies of documents can be submitted to the registration authority.
The collected documents are sent to the registration authority. You can do this:- personally;
through a proxy;
- by mail;
- through the MFC or the State Services portal.
- Upon completion of the procedure, the person will receive a certificate of registration at the place of residence in Form 3, approved by Order of the Ministry of Internal Affairs of Russia dated December 31, 2021 No. 984.
The option for sending information is determined by the registrant himself. There is no need to pay a state fee, since the service is provided free of charge. This rule applies to both citizens of the Russian Federation and foreigners.
Costs may only be associated with the preparation of documents, their notarization and forwarding. The deadlines for the implementation of the procedure are established for each method of transferring papers.
How to check temporary registration for authenticity or cancel it ahead of schedule, as well as in what cases temporary registration affects utility bills and whether they can be reduced - find out in detail in our separate materials.
Permanent or temporary registration in the apartment
The address where a person resides permanently or primarily must be registered as a place of permanent residence. Residence there must be justified by documentary evidence, for example:
- the property owner registers in his new purchased apartment;
- family members of the owner are registered at the place of residence;
- the tenant under a social tenancy agreement and his family members obtain permanent registration in the apartment under the agreement.
It is the responsibility of every Russian to register at the place of residence within a week from the moment of arrival at a new apartment, room or house. If you ignore the registration requirement, you may receive a fine under Art. 19.15.1 and 19.15.2 Code of Administrative Offenses of the Russian Federation up to 5,000 rubles.
Temporary registration is required if a person leaves his permanent place of residence for a short time for a temporary one. For example, on a business trip or to study. Temporary registration is also required and is given 90 days to complete it. In this article we will consider only permanent registration in the apartment.
Does temporary registration affect utility bills and in what cases?
The impact of temporary registration on utility bills depends on the availability of measuring instruments on the premises. They reflect information about the volume of energy resources consumed - gas, electricity, water. The more people registered, the higher the costs will be. It all depends on the habits of each resident.
The number of residents will not affect:
- elevator maintenance;
- using a garbage disposal;
- heating;
- home repair work.
They are calculated based on the total area of the room. In the absence of meters, the amount is calculated based on the general consumption rates for each person.
Will the rent increase and by how much?
Moving in a person, even under the terms of temporary registration, will inevitably entail an increase in the amount of rent. The determining factor in this case is the fact of residence itself, and not the provision of utilities, since the funds paid go to the maintenance of common property. This rule also applies to cases where there are no meters.
The amount will be determined based on the total number of registered, and not the volume of energy consumption.
If the premises have meters, then an increase in rent cannot be avoided. Firstly, the consumption of resources will increase, and secondly, payment for the removal of MSW is calculated from each registered person.
What you need to register in an apartment step by step
Today the procedure is very simple, requiring a minimum of documents and time to complete them.
Time required: 5 days.
To register in an apartment, you must:
- Collect the necessary papers and obtain the consent of the apartment owner.
- Submit an application online or in person at the authorized body.
- Approach the inspector in person and receive a registration stamp in your passport.
The registration procedure takes 3-5 business days from the date of application. There is no need to pay a state fee - the registration stamp will be affixed free of charge.
The registration algorithm for a new apartment does not depend on whether it is a new building or a resale building, purchased under a contract or DDU, received as an inheritance or under a gift agreement. The procedure is the same in any case.
What consents are needed for registration?
Authorized bodies can register a person as a tenant only if the title owner of the premises agrees to this. Title is the person or body to whom the property is registered. In the extract from the Unified State Register of Real Estate, the title owner is listed in the “Copyright Holder” line on the second page.
The owner himself does not have to obtain any additional consent. He can simply submit an application and receive a stamp without involving anyone and showing an extract from the Unified State Register.
Persons not mentioned in the extract are forced to obtain the consent of the title owner. You can arrange it in two ways:
- at a personal reception at the time of submitting documents or receiving a registration stamp;
- through a notary in writing, if the owner does not have the opportunity to come to the authority.
A simple written consent form for registration will not work.
Consent to a social tenancy agreement
A person named in the social tenancy agreement - the tenant himself and members of his family moved in by agreement - can register in an apartment rented from the administration of a locality without additional consent. In other cases, you must first make changes to the social tenancy agreement through an additional agreement, and only then apply for registration at your place of residence.
How can you reduce spending?
The legislation provides for the opportunity for the owner or tenant to reduce the cost of utility bills. This can be done by recalculation or by receiving subsidies. Each option can be used depending on the nature of the circumstances.
When is recalculation possible and how to get it?
If there is temporary registration, a person is obliged to pay for utilities, but you can change the amount of expenses by recalculating . If measuring instruments are not installed in the premises, the cost will be reduced in proportion to the period of temporary registration.
Recalculation is also possible if the owner or tenant does not agree with the payment calculations and can confirm the unfoundedness of the charges by submitting a previously submitted application for a reduction in rent at the place of permanent residence, due to temporary absence.
To revise the cost, you must contact the management company with an application. If, as a result of the audit, the fact of overpayment is established, the funds will be taken into account in the next reporting month.
Registration procedure
Unlike permanent registration, temporary registration can only be valid for a specified period.
To receive it, you must submit the documents mentioned above. In addition to the main package of documents, the Federal Migration Service must also show a certificate of departure from the previous place of residence. The application can be taken at the place of stay. The application must strictly comply with the form. Once the documents have been submitted and the fine has been paid, you can register within three days.
Personal appearance at the Department of Internal Affairs of the Ministry of Internal Affairs is far from the most convenient way. Citizens stand in long queues. Documents are submitted and processed within three days. Then you have to wait another eight days for permission. During this time, service workers will collect information about the citizen.
Ordering by mail takes the longest. Although there is no need to appear at government agencies in person. In addition to documents, you will also need an address sheet and a registration sheet.
It's best to apply online. If a citizen has his own computer, he can log into his personal account on the State Services portal. You can submit documents online.
Just visit your personal account, select the “Temporary registration” option or follow the link. This way you can send copies of all the necessary documents. You will have to wait three days, then you will receive a notification that you can come for a certificate.
You must bring all documents in original. The registration certificate indicates the passport details, place of registration and its duration.
When can temporary registration be denied?
Application for registration: sample
In general, the issue of registration remains extremely painful even for members of the same family: if a child is registered in the apartment, difficulties will certainly arise with its subsequent sale, and you will have to contact the guardianship authorities. Many citizens are afraid that registration will give such a tenant ownership rights to housing, and in the future he will be able to make claims against the owners of the living space.
This fear is unfounded: registration does not give any ownership rights, and the owner will be able to evict the tenant under certain circumstances. With temporary registration, everything is even simpler: the period does not need to be extended, in addition, this document can be canceled at any time. And yet, often people looking for registration opportunities are faced with refusals for a number of reasons:
- Citizens may be refused due to the small size of their living space. However, such a refusal is unlawful: the law on “rubber apartments” never came into force, so there are still no standards for registering a person on a certain number of square meters.
- A foreigner who has violated the accounting rules may face a refusal. However, according to the law, they can only refuse if he has already been expelled from the country by a court verdict. If this did not happen, but the terms of stay on the territory were still violated, the FMS is obliged to register it by law, but the foreign citizen will have to pay a fine.
Another reason for refusal may be the lack of necessary documents. Formally, to register a tenant, the registered owner does not have to present any papers, but in practice, he may be required to provide copies of title documents. This delays the procedure, because every time there are huge queues for an appointment at the FMS.
If your rights are violated, you can complain to higher authorities of the Federal Migration Service or to the court, but the process may still drag on indefinitely.
What are landlords afraid of?
Fear 1. The tenant, who has registered in the apartment for a while, will dispose of it as he pleases.
In fact, the place of residence is not official in this case. You can only use the apartment. In this case, it is impossible to manage and own the living space. Therefore there is nothing to be afraid of.
Fear 2. If necessary, it will not be possible to evict a family with children.
Yes, you can register your children. And there is no need to tell the owner about this. But this will not cause any harm to the landlord. As soon as the parent’s registration period ends, the child’s registration period also ends. Temporary registration is valid from six months to five years.
Therefore there is nothing to be afraid of.
Fear 3. You will have to spend more on utilities.
Yes, the more citizens registered, the more expenses. This fear is justified, unlike the previous ones. But you can introduce a requirement to pay utility bills into the lease agreement. They may fall on the shoulders of the tenants.
Fear 4. It is impossible to sell an apartment with registered tenants.
This fear is not justified. Although no one wants to purchase apartments with citizens registered in them, by law the landlord has the right to deregister guests himself. It is not hard. We just need to give residents time to find new temporary housing. This fear is not justified.
Fear 5. Tenants may be formally registered and then leave without warning.
You need to know that a temporarily registered citizen resides legally. Square meters should really be used for their intended purpose. Fictitious registration costs the owner a large fine. Therefore, fear is justified.
And yet it is now clear that most of the fears are not justified.
So, temporary registration solves many problems at once. It is advisable to register immediately after arriving in another location for more than 90 days. Otherwise, no one will provide free medical care, teach children at school or issue a loan. Many landlords refuse. But their fears are mostly unjustified.
You can apply for registration at the Federal Migration Service, by mail or through the State Services portal.
This video contains up-to-date information on how to make a temporary registration on the State Services portal:
See also Phone numbers for consultation February 26, 2021 Victoria M. 573
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Discussion: 2 comments
- Albina says:
06/05/2020 at 00:20A friend temporarily moved to another region and she and her husband did not have permanent residence there. But there was a second cousin who gave them temporary registration. This is what my work friend needed
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- Anna says:
06/09/2020 at 12:54
We lived in another city for several years and the owner of the apartment gave us temporary registration. I know that it is possible to obtain permanent registration, but no one wants to do this, they are afraid for their property
Answer
