You can find out whether you can register in a dacha, in a gardening community, in a village or village, in a hostel, in a communal apartment, as well as in an apartment or loft from our articles.
general information
Is it possible to register several people in an apartment?
How many people can be registered in a privatized apartment? You can definitely register several people for your living space .
If this housing belongs to the state fund, then the number of such residents depends on the square footage of the premises and the standards established by the municipality.
What laws govern this? This:
- The Housing Code of Russia defines the standards for registration in premises provided under a social tenancy agreement, as well as the rights of the owner in personal real estate;
- The Civil Code of Russia defines the rules governing the actions of the owner when purchasing housing, his rights and obligations;
- The Criminal Code of the Russian Federation establishes penalties for the creation of “rubber apartments”;
- Law No. 5242-1 of June 25, 1193 States that all citizens have the right to move and change locations within the country;
- Government Resolution No. 713 establishes the rules for registration of registration and regulations for the implementation of this procedure.
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.
Do you need registration?
For the lack of registration, a fine is imposed on citizens of the Russian Federation (COAP Article 19.15.1). The amount of this fine is from 3,000 to 5,000 rubles in St. Petersburg and Moscow, and from 2,000 to 3,000 rubles in other cities of Russia.
The exception is for unregistered family members living with the owner at this address. The obligation to pay a fine does not apply to them.
In addition to the fact that the absence of a stamp in the passport leads to the need to pay a fine, this violation can cause other problems:
- inability to officially get a job;
- inability to receive pensions and other benefits;
- difficulty in obtaining medical care and social services (for example, registering children in child care institutions);
- difficulty obtaining loans and subsidies.
Next, we will consider how many people can be registered in a one-room or more apartment.
Valid number
How many people can be registered in the apartment?
So, if the residential premises are the personal or shared property of citizens, then you can register as many tenants as you like in it .
The law does not introduce any restrictions in this regard, except that everyone registered must actually live in the premises .
If the housing is included in the municipal fund, then the number of registered ones
is strictly limited by the living space standards per person.
Standards are established depending on the housing supply in a particular municipality.
However, the minimum border is 6 square meters, the maximum is 16 m2.
How many people can be registered in a one-room apartment? The number of people registered in a one-room apartment is calculated in the same way as in the general case.
It makes no difference how many rooms there are in privatized premises, since the owner can register as many people as he wishes. For municipal housing - depending on the norm.
How many people can be registered in a room? Even the presence of one room in the property does not affect the registration rules . The situation is the same with a room owned by the state.
Registration of minors: how to register a child in another apartment
Minors can only be registered in the apartment where their parents or guardians are registered. It is allowed to register a child to live either jointly or with one of the parents (Article 20 of the Civil Code of the Russian Federation).
Extract if a minor has a share of housing
If the child owns part of the real estate in which he is registered, his discharge will be handled by the district department of guardianship and trusteeship. This supervisory authority will require a lot of documents. You need to prepare a certificate of family composition from the passport office.
It is necessary to provide a purchase and sale (exchange) agreement or a notarized mortgage agreement. Proof of ownership will be required from each home owner.
To respect the rights of the child to ensure equal living space, technical passports of old and new housing are needed. It is important not to forget the passports of both parents, as well as the child’s birth certificate (from 14 years old - a passport).
Submitted documents are reviewed within two weeks. Guardianship authorities take into account several factors. The extract will be refused if at the new address the share of the acquired living space in favor of the minor is smaller in size.
Re-registration of a child at a new address without providing any share is impossible (he cannot lose his property). It will also not be possible to transfer a child from his own apartment to public housing, because this will deprive him of his property.
Features of registration in shared ownership
Is it possible to register a share in an apartment? Regardless of whether the housing is in joint ownership or in shared ownership, if it is privatized, you can register as many people as you like.
Moreover, the number of registered per share does not matter and
is not limited .
The main feature of registration in an apartment with shared ownership is obtaining the consent of all owners .
If there were only one owner, then only his approval would be required, and since there are several of them, the consent of each of them in written notarial form is required.
Do registered people have the right to a share? The very fact of registration in shared ownership or in all real estate does not give ownership rights to it.
Some people mistakenly believe that by registering a person, they give him the right to real estate. In fact, registration only gives the opportunity to legally reside and use the premises.
If there are many people registered in the apartment, what is the risk?
Where to get information about the number of registered citizens
Information about the number of people registered in an apartment can be obtained from several structures. This can be done both by the owner of the premises and by third parties (for example, the buyer when checking the property before completing the transaction).
Passport Office
The passport office allows you to obtain both a simple extract from the house register and an expanded archival extract about every person ever registered in an apartment and the reasons for his discharge. But such information is provided only to the owner of this premises with a passport or to a representative of his interests with a notarized power of attorney.
FMS
Any person has the right to request information about how many people are registered in the apartment at the address of interest by contacting the FMS. To do this, you need a passport and a request application. You will not have to pay any duties. But the consideration of this application takes a month.
The law prohibits the disclosure of personal data of property owners without their consent. Therefore, the migration service sends a copy of your application request to the address of interest. And homeowners are already making a decision: to disclose or not to disclose information about themselves.
Management company (management company)
The management company can act as an intermediary between you and all other services. You provide a passport and a written statement that you are interested in information about those registered in the apartment at a specific address. The Criminal Code redirects your request to the passport office or the Federal Migration Service.
Rosreestr and MFC (multifunctional center)
The buyer of real estate has the right to request a certificate from the Unified State Register of Rights to Real Estate (Unified State Register of Rights to Real Estate) regarding the existence of encumbrances on the property with the rights of third parties. It allows you to find out whether the living space has tenants who still have the right to live in this premises. Such an extract is provided using a passport at Rosreestr or at the MFC without the consent and presence of the home owner.
Possible consequences
What will happen if several people register? If the registration was indeed carried out for persons who live in the premises , then there will be no negative consequences.
For example, if the owner has a large family and many distant relatives or close friends who actually live in the living space, then there is nothing to impose liability for. However, if the living space is “dimensionless”, in which persons who do not live there are registered, then the owner faces criminal liability . According to Article 322.2 of the Criminal Code of the Russian Federation, for fictitious registration, the owner faces one of several types of punishment, the most severe of which is a criminal term of up to 3 years.
However, there is a note to the article, which states that a person who has committed such a crime, but assists in the investigation on this issue and in the absence of another crime, is completely exempt from liability.
Region
No matter how strange it may sound, to accurately answer our question today you will have to take into account your place of residence. Or rather, the region. He, too, under certain circumstances, will play a huge role. How many people can you register in an apartment? This will be indicated by the standard footage per person in a particular region. Moreover, it should not be confused with the previous version. After all, it reflects the average number of persons allowed for registration in the premises.
Regional indicators in each subject of the Russian Federation differ from each other. They will help calculate the exact number of people who can be registered in the apartment. For example, at the moment in St. Petersburg, 1 person is entitled to 9 square meters. To correctly answer our question today, it is necessary to divide the total area of the room by this value. And you will get a figure that gives an exact answer to the question posed. Remember: the registration form does not play a role in this.
How many people can be registered in a communal room?
The law does not stipulate the number of people who can be registered in a communal room. This means that the owner of the room can register as many people as he wants.
However, you need to understand that by registering a person, the rights of other people living in the room will certainly be violated.
Therefore, before registering another person, you need to obtain written permission from the other co-owners of the room in the communal apartment.
If at least one person is against it, then it will not be possible to register the person. However, you can go to court and get consent to registration without the approval of the other co-owners.
How many people can be registered in a private house?
If a person is the full owner of the property, then there are no restrictions on the number of people registered in a private house.
Restrictions apply only if the private house belongs to municipal housing. In this case, for 10 sq. m (average value) you can register no more than 1 person.
When registering people in an apartment or private house, you need to keep in mind that the cost of utilities will be directly proportional to the number of registered people: the more people are registered, the higher the utility bill will be.
I own one
How many people can be registered in 1 apartment? It should be noted from the above that the answer is influenced by a huge number of factors. Of course, every point is important. But the form of ownership is taken into account first of all.
If the premises have only one owner, then it is he who determines how many people to register in the living space. Russia does not yet have any laws that would precisely set limits in this regard.
The huge advantage of this arrangement of events is that other indicators mentioned earlier are not taken into account when registering. This means that the owner of the apartment independently, without restrictions, decides what answer to give to our question today. Neither the square footage of housing, nor the rate per person, nor the region of residence act as limiting factors. Although even if the apartment is privatized, you can stumble upon some pitfalls.
Practice
How many people can you register in an apartment in practice? It all depends on who owns the premises. In the case where housing is not privatized, the law “On rubber apartments” plays a huge role. This means, taking into account the square footage per person standards, you have the right to register (with the permission of the municipality, of course) as many people as will live on the territory.
But when you are the owner, you can register as many people as you wish. Just know when to stop. If too many people “live” under registration, especially temporary ones, they have the right to visit you and check. If violations are detected (people are registered in the apartment, but do not actually live there), a fine is imposed. Take this into account!
How long do people register for?
The validity period of registration depends on the type of registration:
- Permanent – unlimited period. Termination is possible voluntarily and compulsorily. This usually involves death, relocation, or the acquisition of the property in question by another person;
- Temporary – up to five years with the right to re-register.
Regardless of how long a person wants to be registered at the place of residence, the documents are always provided the same: passport, application, property documents, other registration and accounting sheets.
The legislative framework
Registration is regulated by the following laws:
Article 30 and Article 70 of the Housing Code of the Russian Federation. The articles explain the rights of owners (Article 30) and tenants (Article 70) to register other citizens in the territory of residential premises with the consent of their family members.
The Law “On the right of citizens of the Russian Federation to freedom of movement, choice of place of stay and residence” provides the basic concepts that characterize registration at the place of residence and place of stay, as well as deregistration. This law establishes the terms for organizing the registration of temporary registration.
Decree of the Russian Federation No. 713 of July 17, 1995. regulates the rules of registration and deregistration at the place of stay and place of residence.
