How to register in an apartment: documents for registration in a privatized and municipal apartment

To register in an apartment, a citizen does not just need to contact the passport office or the MFC. You need to have a basis for moving into housing (that is, the right to reside: ownership, rent, rent, etc.) By submitting the appropriate documents, you can receive a stamped passport in a few days. The composition of the documents and the registration procedure depend on the type of housing (privatized, municipal) and who is registering (the owner, a relative, another citizen), etc. In our article we will tell you in detail how to register in an apartment for the owner or non-owner in 2021, what documents are needed , is it necessary to register after purchasing a home?

Registration is the responsibility of a citizen, therefore, after deregistration (extract) from the previous address, he is obliged to register at a new place of residence within 7 days. Currently, an administrative fine of 2-3 thousand rubles is provided. for accommodation without registration.

What documents are needed to register in an apartment?

According to the current rules, a person can register in a new home, either with or without a preliminary extract from the previous address. In the latter case, the passport office will issue it independently, without additional responsibilities for the citizen.

To register in another apartment, you must provide:

Citizen's passport

• The passport must be valid, that is, not expired (at 20 and 45 years old it is renewed), not spoiled (damaged), contain erroneous information, etc.
• For registration, an original passport is presented, which is taken from the citizen at the time of registration (for entering a stamp about the address and date of registration).
• For children under 14 years of age, a birth certificate is provided instead of a passport.
• No other identification documents are presented (foreign passport, temporary ID, etc.)

Housing document

Such documents, depending on the type of right to an apartment, room, house, may be:

• if the registration is in a privatized apartment, then an extract from the state real estate register, a certificate of ownership;
• if registration in a municipal apartment - rental agreement, warrant.

You do not have to submit documents to obtain registration. Since the passport service itself can request them either from the owner, or from Rosreestr, the municipality, etc.

In practice, it is recommended to provide copies of documents for an apartment or residential building so as not to increase the registration period. Let’s say that Rossreestr delays in providing information or erroneously indicates that it does not exist, etc. And if the migration service does not receive documents, registration will be denied.

Application of the person registering

The application form of the unified form for registration (Form No. 6) is available from the specialist accepting the documents. A sample form is posted on the information board. Forms are available at the MFC, passport offices of housing departments, migration departments of the Ministry of Internal Affairs, as well as on the website of the State Services portal.

If a citizen is simultaneously registered and deregistered at the old address, then the application is filled out in full. That is, with the reverse side, where data on deregistration is provided.

Consent of interested parties

Owners and registered persons present must have their passports with them.

• If the apartment is owned

Then all owners must be present when submitting documents for registration of registration in the apartment. That is, they approve the registration, put a signature in the “signature of the person who provided the housing” column in the application form No. 6. If there are several owners, one of them can handle the registration. A notarized power of attorney is required from the remaining owners in his name. Or write a separate consent

• If the apartment is municipal

All registered residents (except children) give consent to registration. Also, for municipal housing, the consent of the landlord - the local government body (administration, property management committee) is required. Again, it is drawn up when submitting documents to a specialist on a simple form. You can give such consent to a notary. Then the interested parties do not need to come to the specialist for an appointment.

Move-in document

What this document will look like depends on the status of the person registering. If written:

• owner, then an extract from Rosreestr or a certificate of ownership of an apartment, house, room;
• the main tenant, then the social tenancy agreement;
• another person, then a lease agreement (lease, sublease) with the owners, the main tenant, etc.

Departure sheet

A completed departure form or questionnaire is submitted if the citizen has already been discharged from his previous home. Forms of departure sheet, arrival sheet, apartment cards, etc. must be completed by officials.

Important Details

Documents are provided in originals. Copies should also be made. Upon acceptance, the acceptance specialist will check the accuracy of the originals and return them to you, and the copies will be used. The passport is given in real form (not a copy).

The collection of documents is carried out either by the Management Company (housing department, HOA, etc.) or by the MFC. In most cases, a citizen cannot directly contact the migration department of the police. This transfer goes through the management company. Its employee will check the original documents with copies, check the presence of all owners (for privatized housing) or registered ones (for municipal housing). Will issue a receipt for receipt of documents. And hand over the collected package to the migration department, and the citizen will be informed of the deadline for receiving a passport with a registration stamp.

Delivery in person or in absentia. Documents for registration in an apartment can be submitted either in person or via the Internet (on the portal of state and municipal services).

But even if you submit documents through the Portal, the citizen will still need to appear at the Migration Department of the Ministry of Internal Affairs. To confirm your identity and submit your passport for marking.

You can request a temporary identity document. Since registration takes time, a citizen may have circumstances when a passport is needed.

Advice: to avoid problems with registration in the future and to avoid the need for additional procedures to correct inaccuracies and errors, ask a specialist to provide you with the documents he completed to check them for accuracy.

The registration procedure is free. No government duties or other fees are collected from citizens. If specialists from the MFC, housing department announce the price for services for filling out an application, etc., then this is illegal.

There is information that the mandatory package of documents for registration in an apartment includes a military ID (registered). This is not entirely true. Persons liable for military service, when changing their place of residence, appear in person at the territorial military registration and enlistment offices for removal and registration. Therefore, it is not necessary to present your military ID to the passport office.

Is the presence of the person registering required when applying for registration? If a citizen does not have the opportunity to hand over documents in person, you can issue a special power of attorney from a notary for another person to perform these actions.

Is the consent of others necessary?

Despite the fact that many people are registered in your living space, this does not mean that all of them must approve the procedure for registering a new person. As a rule, only the consent of the property owners in a particular apartment is required.

If the owners agree to register a certain person, then the procedure can take place. If all or one of them does not agree, then the issue can only be resolved in court. Consent from registered persons is not required.

You can find out what is needed to register in the owner’s apartment and whether it is necessary to obtain permission from other residents here.

Is it possible to do without their approval?

It often happens that a newly registered person interferes with other persons’ ability to live in the apartment, violates the regime of silence and rest, in every possible way worsens the condition of the property, or in some other way puts other persons in an uncomfortable position. In this case, the owners have the right to apply to the court and demand an extract in court.

Where can I register?

A citizen has the right to independently choose his place of registration throughout the territory of Russia. You can register in residential premises (apartment, house, room, etc.), where a citizen actually lives with the consent of the owners or residents.

You cannot register for housing in:

• non-residential premises (commercial real estate, apartments, etc.);
• emergency housing (the house is recognized as unsafe or dilapidated and will be demolished);
• temporary structures and outbuildings (sheds, garages, sheds, bathhouses, etc.);
• residential buildings on garden and vegetable plots (can be used as housing, but without registration). The exception is houses on summer cottages;
• in mortgaged housing without the consent of the mortgagee (most often these are banks for mortgage loans).

Legal consequences

The consequences of registering permanently may be different:

• the person’s reluctance to be discharged; if the person was registered before privatization, even the court will not be able to discharge him;
• registration of close relatives, including children, whose registration is much more difficult and there is a high risk of not registering them at all until adulthood;
• reluctance to move out, since permanent registration makes it possible to live in the apartment until discharge, etc.

Temporary registration practically does not carry any legal consequences, since its validity ends within a certain period and the tenant no longer has the right to use the apartment, with the exception of the case of extending the lease or use agreement.

Where to go to apply for registration?

A citizen bought an apartment and does not know how to register in the new apartment.
It is enough to contact the passport office of the housing department and the issue will be resolved. In fact, there are many more options for how to arrange your stay in housing.

Depending on your life situation, you can apply for housing registration:

Direct registration and related data recording are carried out by the migration service. The management company and the MFC only accept documents and transfer them to the migration department. And after registration, they are returned to the applicants.

Registration at place of residence

Foreigners living in the country permanently or temporarily and owning housing located on the territory of the Russian Federation must register at the address of this housing. If you own several such premises, then you only need to register one at a time, but indicate the rest. Having your own apartment will be the basis for registration.

The application must be submitted to the FMS within 7 working days after receiving a residence permit, temporary residence permit or upon arrival at the specified apartment.

List of documents for foreigners:

1. A document confirming your identity in accordance with Russian legislation.
2. Residence permit or other document permitting temporary residence.
3. Documents for the right to use housing.

List of documents for stateless persons:

1. Residence permit or other document permitting temporary residence
2. Documents for the right to use housing.

Reasons for deregistering foreigners at their place of residence:

1. Moving and registering in a new place.
2. Termination of the right to own housing.
3. Termination of the right to reside in Russia.
4. The court invalidates the existing registration.
5. Death of a citizen, declaring him dead or missing.
6. Fictitious registration.

Despite the existence of laws that explain everything, in practice people often face various controversial issues, to which sometimes different services give different answers. Such controversial situations include registration in emergency housing, mortgage or communal apartments, as well as in social rental apartments.

Registration deadline

The registration period for a new address according to the standard procedure is 6 days .

This period cannot be increased, even if the citizen is not discharged from his previous address. Deregistration is carried out by migration service officials simultaneously with registration. Therefore, the period of discharge will coincide with the period of registration in the new apartment.

If you do not submit documents for housing and the right to move in, the period will be from 8 to 10 days . Since the migration department will request them independently from the relevant authorities.

If you register through the State Services portal, the deadline is determined as follows: after sending the package via the Internet, the citizen receives a notification about the opportunity to arrive at the migration department within 3 days with a passport. And on the day of his visit, the sound is made. That is, the minimum period can be 1-2 days.

The result of registration is:

• for adults (including minors from 14 to 18 years old) this is a mark in the passport indicating the date and address of registration;
• for children - a certificate of registration at the place of residence. This is a separate document.

Registration data is entered into the migration service data bank. Submitted documents for registration are also stored in the migration service.

Temporary

It is necessary when a citizen expects more than 90 days away from his place of permanent registration. Places of temporary stay are hotels, holiday homes, etc., as well as rented apartments, and the 90 days allocated for registration are counted from the moment of check-in.

Methods for obtaining temporary registration

Automatic registration. The easiest way to get it is by checking into a hotel or similar establishments. You don’t have to do anything yourself; you just need to provide the administration with the necessary documents.

Personal visit to the FMS office. You will need to present your passport, registration application and a document confirming the right to move in.

Submitting an application by mail. Government Decree No. 713 of July 7, 1995 states that a citizen has the right to use postal services to notify the FMS of temporary registration. This is much more convenient than the traditional method, because you don’t have to contact a government agency twice. According to para. 3 clause 79 of the Administrative Regulations, a person who sent an application by mail can come with a passport to the FMS office and receive a certificate within 40 minutes.

Documents to be sent:

1. Application for registration with signatures of the applicant and the owner of the property.
2. A certified copy of the document confirming the right of occupancy.
3. Arrival address sheet, and if temporary registration lasts more than 9 months, then another sheet of statistical registration of arrival.

Having received these papers, FMS employees check the specified information, and if there are no grounds to refuse, then the applicant will be sent a notification by mail with an invitation to appear with a passport at the FMS office within three days (after receipt) and receive a certificate.

Within three days after registration, FMS employees will send a notification to the homeowner that a new tenant has been temporarily registered in their living space.

Submitting an application through the State Services portal is in many ways similar. On the website you need to find the appropriate service, fill out electronic forms and submit an application. Within three days you will receive an invitation to visit the FMS office.

It will be very difficult to collect all the necessary documents for maternity capital! But that doesn't mean it's impossible.

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Trying to figure out how to rent out an apartment yourself without help? Good luck! But if you ever need advice, click here.

Deadlines

The timing of temporary registration is determined jointly by the citizen and the owner of the property, and no restrictions are provided in this regard (clause 56 of the Administrative Regulations on Registration).

If the tenant wants to leave the place of temporary stay early, he needs to submit an application to the authority that issued the certificate. If the owner wants to get rid of the tenant early, but fails to reach an agreement, he will have to go to court.

Features of registration in a privatized apartment

There are two types of registration in a privatized apartment:

• when it is not the owner who registers, in this case the consent of all owners is required. The consent of only registered persons (not owners) is not required.
• when the owner registers in his privatized apartment, in this case no consent is required. Even if he is not the only owner (common shared ownership).

It is important that when registering in a privatized apartment, no standards for recording living space per person are applied. Any number of citizens can register in the apartment. But there are administrative and criminal liability for fictitious registration. Therefore, if an unrealistic number of people are registered in an apartment, there may be an inspection with unpleasant consequences.

When registering for a privatized apartment, all owners of the apartment must come to the passport office (housing department, MFC), with the exception of children (persons under 18 years of age). If this is difficult (the owner is disabled, or he needs to leave for a long period of time) and he cannot appear with the registration document at the passport service, then:

• or the owner can transfer his rights to give consent to one of the owners by notarized power of attorney.
• or have the consent itself notarized. The person being registered, in this case, submits all documents himself, including such consent.

Sometimes citizens have a question: is it necessary to register in the purchased apartment? No, this is not necessary, the issue is resolved at the request of the owner.

What is real estate privatization?

Before talking about what actions can be carried out with privatized real estate in terms of registration, and what cannot be done, it is necessary to study the concept of privatization.

In accordance with the law, privatization means the transfer of real estate free of charge into the ownership of a person or into shared common ownership of several persons. At the same time, citizen-owners, if possible, should be registered in this living space.

Privatization implies that a citizen or a group of people now becomes the full owner of real estate. At the same time, the state loses its authority over this property. This means that individuals have the opportunity to own, use, and dispose of property.

And since there is an unlimited opportunity by order, this automatically means that the owner can carry out actions to register other persons in privatized housing.

But it is necessary to secure legal grounds that allow such an action to be carried out.

Laws regulating the procedure

The issue of registering a person in a privatized apartment is regulated by the Housing Legislation.

First of all, the Housing Code applies to it. Chapter 5, Article 30, Clause 2 of this legal act states that the owner who owns real estate, that is, has privatized it, has a basis in accordance with the law to register any person in his square meters.

Guided by the above-mentioned article, a person may not look back at the accounting standards that are established for residence.

Read about how to register in an apartment and what types of registration exist here, and from this article you will learn whether it is possible to register a person without his presence.

Features of registration in a municipal apartment

When registering in a municipal apartment, the attendance of everyone registered in it is required, except for those under 18 years of age. They can also delegate powers to one of those registered by proxy. Or not to appear, if the application and consent to registration are certified by a notary, as in the case of privatized housing.

The landlord receives consent on the administration letterhead with the signature of the responsible person and seal.

When talking about registration in a municipal apartment, we can mean three typical cases:

Registration of a relative

If a relative registers (husband, wife, parents, children, brothers, sisters, grandparents), then the norms for accounting for living space are not taken into account, as in the case of a privatized apartment.

Registration of a stranger

Registration of a non-relative is possible if:

• consent of all registered
• consent of the municipal authority (local administration, property management committee, etc.). This is expressed by a document for moving in (when a rental agreement, sublease, etc. is concluded with the person being registered) or simply written consent.
• compliance with the acceptable standards for accounting for living space per person

The size of such norms, depending on the region where the apartment is located, varies. This is publicly available information that can be obtained from the housing inspectorate or local administration. If during registration it is determined that the share of the living space of the person being registered will be less than the normalized one, then registration will be denied. Such a refusal will be legal. The size of the total area of ​​the apartment and the number of persons registered in the apartment are taken into account, regardless of actual residence.

Child

A parent can register a child (under 14 years of age) without the consent of other persons. According to the law, the child must be with his parents, that is, live at the same address, and this cannot be objected to. By the way, a similar rule applies to privatized housing.

Minor owner

Who has the right to register citizens in an apartment if its owner is a minor child? In this case, only the guardianship authorities can issue permission. This measure is necessary, since it is the only way to protect the child from all kinds of manipulation.

Obtaining consent for registration from the guardianship authorities is a key point in this situation. Therefore, you should first visit the guardianship council, and then go to other government agencies dealing with the issue of registration.

Types of registrations

The legislator establishes two categories of registration:

• registration at the place of residence - this was what our article was about;
• registration at the place of stay is a temporary registration for more than 90 days in another city. After the specified period, a citizen can apply for temporary registration in the same manner as when registering at the place of residence.

If a citizen stays in hotels, boarding houses, sanatoriums, hospitals, etc., then registration is handled by the administration of such institutions and organizations. Such registration is temporary, that is, the period of residence (stay) is indicated in the documents and after its expiration the citizen is considered automatically discharged. In this case, deregistration at the place of primary residence is not carried out.

There is also a classification of registrations depending on categories of citizens: children, military personnel, refugees, etc.

What does this registration provide?

The issue of registration in privatized housing is given great importance. Failure to register at the place of residence is an offense and entails inevitable punishment.

Also, this is an additional opportunity to use the services and opportunities provided by the state. Let's try to clarify these arguments.

• Registration allows you to choose an educational institution for your child based on territoriality.
• Receive free care at any medical institution located in the area.
• You can stand in line and attend preschool educational institutions.
• Receive benefits and allowances.
• Confirm your primary location to the employer, which will increase your chances of getting hired.
• You can easily obtain SNILS, insurance policy, individual entrepreneur documents, TIN, driver’s license from local authorities, as well as the ability to issue other important documents without any problems.

You can find out what rights a registration in an apartment gives you in our material.

A lawyer answers questions about registration and discharge

Links to legislative acts

1. Article 2 of the Law of the Russian Federation “On the right of citizens of the Russian Federation to freedom of movement, choice of place of stay and residence within the Russian Federation.” Basic Concepts
2. Article 3 of the Law of the Russian Federation “On the right of citizens of the Russian Federation to freedom of movement, choice of place of stay and residence within the Russian Federation.” Registration of citizens of the Russian Federation at the place of stay and place of residence within the Russian Federation
3. Article 6 of the Law of the Russian Federation “On the right of citizens of the Russian Federation to freedom of movement, choice of place of stay and residence within the Russian Federation.” Registration of a citizen of the Russian Federation at the place of residence
4. Paragraphs 16, 17, 18 of the Decree of the Government of the Russian Federation of July 17, 1995 No. 713 “On approval of the Rules for registration of deregistration of citizens of the Russian Federation at the place of stay and place of residence within the Russian Federation”
5. List of persons responsible for accepting and transferring to the registration authorities documents for registration and deregistration of citizens of the Russian Federation at the place of stay and place of residence within the Russian Federation" Resolution of the Government of the Russian Federation of July 17, 1995 No. 713
6. Appendix No. 5 of the Administrative Regulations of the Ministry of Internal Affairs of the Russian Federation for the provision of public services for registration of citizens of the Russian Federation at the place of stay and place of residence within the Russian Federation,” approved by Order of the Ministry of Internal Affairs of the Russian Federation No. 984 of December 31, 2017.
7. Points 2, 2.2, 23, 24, 26.1, 32, 33, 34, 48, 49, 50, 52, 56.2, 57, 58, 60, 62, 63, 80, 82, 86, 87, 90, 91, 92 , 93, 97, 99, 102, 118.2, 118.2.1, 118.2.2, 118.5, 118.7, 118.7.1, 119, 121, 123, 139, 140, 143, 144, 149, 151 of the Administrative Regulations of the Ministry of Internal Affairs of the Russian Federation on providing public service for registration of citizens of the Russian Federation at the place of stay and place of residence within the Russian Federation,” approved by Order of the Ministry of Internal Affairs of the Russian Federation No. 984 of December 31, 2017.

Legislative framework

What laws govern this? The legislative framework regulating indirectly or directly the issues of migration registration is quite rich and is represented by:

• Civil Code of the Russian Federation , which establishes the rights of the owner of real estate and other general civil rights;
• The Housing Code of Russia defines the rules for registration from the perspective of housing law;
• Law No. 5242-1 of June 25, 1193 gives citizens the indisputable right to freely change their location within the country’s borders;
• Government Resolution No. 713 contains the main provisions for registration of registration;
• The Code of Administrative Offenses establishes a fine for failure to register beyond the permitted period;
• Criminal Code defines liability for fictitious registration.

You can learn about the difference in the concepts of “registration” and “registration”, as well as how temporary registration differs from permanent registration on our website.