Wanting to save money on purchasing a legal address, novice businessmen ask themselves: is it possible to register an LLC in an apartment? And they will soon find out that they have such an opportunity. The Housing Code of the Russian Federation does not object, and the resolutions of the executive bodies make it clear that registering an LLC in the founder’s apartment does not carry anything illegal. You don’t even have to own the apartment, the main thing is that the owner agrees, and that the founder/director of the LLC is registered in the apartment and does not live there under a lease agreement or on other terms.
The concept of registration at the place of residence
Permanent registration is required by the state to account for the movement of citizens within the country, as well as migration flows from other states.
Based on the registration document, a citizen receives a number of rights, including the right to use certain social services.
The obligation to register with the migration service is determined by a number of legal documents:
- Housing and Civil Codes.
- Federal Law No. 5242-1.
- Decree of the Government of the Russian Federation No. 713.
However, the right of ownership of housing is also protected by law. Therefore, it will not be possible to register without the consent of the property owner.
Consent form from the owner for registration at permanent residence
Based on Article 288 of the Civil Code of the Russian Federation, a citizen has every right to independently dispose of his property. He has the authority to sell and rent real estate owned, in addition, he can register any person in his living space.
Agree, being the owner of an apartment, you will not be very happy if you find out that the second owner, without your consent, registered an impartial person, creating interference in the unhindered use of the home. Therefore, if residential real estate is in shared ownership, it is necessary to obtain the consent of everyone.
After submitting an application for permanent registration at the State Services, the owner is required to draw up this document and bring it to the body that registers permanent residence. A sample can be found below.
The essence of consent to registration
Personal presence at registration and a written statement of the owner’s consent to registration at the place of residence is proof that he is not against this person’s registration in his apartment. It does not matter what citizenship the registered person has, and whether they are relatives or acquaintances of the property owner.
It is almost always necessary to obtain such consent from the owner. This requirement is determined by the regulations of the Ministry of Internal Affairs for the provision of registration (Order No. 984 of 2021).
You also need to obtain the consent of other adults registered at this address.
When the owner's consent for registration is not required
In some cases, obtaining consent from one or more owners of a residential premises for registration in it is not required. Without written consent, you can register in the apartment where the parents of a minor child live. However, you still have to talk to the owner of the property, otherwise he may discharge the registered tenant for such willfulness.
Official bodies do not require additional papers if a lease or rental agreement for residential premises is concluded and certified. After all, the very essence of the contract implies the voluntary move-in of the tenant.- The consent of the property owners is not required when registering another owner who has received a share in the premises, for example, by inheritance.
- There is no need to obtain the consent of all owners of a residential building if one of them decides to register a person. This condition applies only if there is a separate entrance to the part of the house where the new tenant is registered.
- Without the consent of the other owners, an individual and the owner of an isolated living space in an apartment can register with him if it is recognized as communal.
- The decision to grant registration in the residential premises was made by the court, upon satisfaction of the claims. One example of such a court decision may be the placement of a minor child in the home of one of the parents.
Rules for document execution
The law does not establish a strict form for the owner’s consent to registration at the place of residence.
When compiling it, it is important to indicate all the necessary information:
- Owner's passport details.
- Registration address.
- Prescribed data.
- Registration approval.
- Date and signature (with transcript).
Such an appeal must be written to the head of the migration service department at the place of registration.
It is also important to indicate in the text of the application the details of documents confirming ownership of the apartment.
When is the consent of the property owner required for registration?
In the absence of temporary or permanent registration, a person does not have the opportunity to get an official job, get a loan from a bank, send a child to a kindergarten or school, and in some regions, receive medical care (except in emergency cases), and cannot register as an individual entrepreneur. When applying to the passport office for registration, you will need the consent of the owner of the residential premises to register a new tenant.
When obtaining registration at the place of residence, the consent of the owner of the residential premises is required. In addition, municipally owned apartments are subject to restrictions on the number of people registered in them. Consent is provided in simple written form. There is no single model.
Important fact
If there are several owners in a residential premises, it is necessary to obtain separate consent from each of them.
As a rule, there is no need to have such paper certified by a notary, because the migration authorities ask you to be present when submitting an application for registration of homeowners. Such consent can be issued directly when submitting documents for registration of a new tenant. If one of the homeowners is a minor or has limited legal capacity, then his legal representatives give their consent on his behalf.
In a situation where one of the owners cannot be present when submitting an application, you need to issue a notarized power of attorney, which indicates the consent of this owner to represent the interests and register the citizen.
The consent must indicate:
- the authority to which the application for registration is submitted;
- full passport details of the owner of the premises;
- simple wording of consent to the registration of a specific applicant;
- all data of the future tenant;
- date and signature.
Important fact
If the owner allows temporary registration, the application must indicate the period during which the new tenant has the right to live in the premises.
As a rule, temporary registration is issued for a period of up to 1 year and can be extended up to 5 years.
Do I need to get it certified by a notary?
The law does not require such a statement to be notarized. This is explained by:
- The applicant is personally present when submitting it.
- He draws up a statement on the spot.
However, if for health reasons the owner of the property cannot personally come to the migration service or he has left, then you must provide a statement of the owner’s consent to register at the place of residence, certified by a notary.
This is, of course, convenient, but will entail additional costs.
Registration of foreigners with a residence permit
The question of registering foreigners living in Russia on the basis of a residence permit or temporary residence permit often arises. If you have a temporary residence permit, it is enough to issue temporary registration. To do this, the owner of the living space must also give consent, but it is not necessary to draw up a written document.
In the case of a residence permit, such a document is needed. In consenting to the registration of a foreigner, the owner of the property must indicate the terms corresponding to the validity period of his residence permit.
Is it necessary to notarize the agreement and is it necessary for all owners to be present?
If only one of the owners will be present at the department when registering, then a notarized copy is needed for the absent owner.
If everyone is present, you can do without a notary; a statement is enough.
If during registration, none of the owners who agreed to registration can be present at the department, a power of attorney should be drawn up and officially certified. It gives the right to the person who provided it to represent the interests of the owner of the apartment. The form can be downloaded below.
However, you should understand that it must be certified, which means that the notary’s office will draw up a power of attorney without your labor costs. You will only have to spend time and some money. Depending on the tariff schedule in force in the Russian Federation today, around 1,300 rubles for individuals.
If there are several owners
If you own an apartment together, you must obtain consent for registration from each of the co-owners. The law requires a separate document to be drawn up with each of them.
If a co-owner of the property is registered, he does not need the consent of the other owners. But if he decides to register his relatives (in his own share of the apartment), then such consent will be mandatory.
It is also worth considering the nuances of allocating shares of property. If half of the house owned by one owner has a separate entrance, then the consent of the owner of the other half is not required. The same can be said about registration in a communal apartment, since its rooms also have separate entrances.
When do you need to obtain consent to process personal data?
If you are a management company and you do not have consent to process personal data from the owners, but you process it internally and do not give it to third parties, then consent to the processing of personal data is not required.
If you transfer personal data of the owners to third parties, consent to processing must be obtained. At the same time, a person who processes personal data on behalf of the operator is not required to obtain a separate consent of the PD subject for the processing of his personal data. The management organization is responsible in this situation.
No. 152-FZ lists cases when consent to the processing of personal data for transfer to third parties is not required:
- If federal law allows it. For example, to place information in the Housing and Communal Services GIS, consent to PD processing is not required.
- If you transfer data to the paying agent and settlement centers (Part 16 of Article 155 of the RF Housing Code).
When you engage a representative to make settlements with owners and tenants of residential premises and collect fees for residential premises and utilities, the consent of the subjects of personal data to transfer personal data to such representatives is not required.
But in the agreement between you and the representative it is necessary to establish a provision on the confidentiality of personal data (part 10 of article 3, part 4 of article 6, part 1 of article 7 No. 152-FZ).
Is it possible to make the list of debtors public?
Registration in premises belonging to a minor
The peculiarity of property rights of children under 14 years of age is that they are considered incompetent and cannot independently enter into legal transactions.
Therefore, only an official representative of a minor can draw up a document on the owner’s consent to register third parties at the place of residence. This:
- Parents.
- Guardians.
- Trustees.
When registering, it is still advisable for the child to be present in person.
What should be the consent to PD processing?
The subject provides the management company with consent to the processing of personal data in any form that allows confirming the fact of receipt:
- in the management agreement,
- in the resource supply agreement,
- in the charter of the homeowners association.
Roskomnadzor advises to formalize it in writing as a separate document. The only disadvantage of this position is that the management company may not physically collect such consent from all subjects of personal data.
The PD subject decides to provide his personal data and consents to their processing freely, of his own free will and in his own interest. Full requirements for the content of consent are described in Part 4 of Art. 9 No. 152-FZ.
Consent must be:
- specific,
- informed,
- conscious.
Regardless of how you formalize your consent to PD processing, it must contain:
- Full name, address of the subject of personal data or his representative, details of his identity document;
- name or full name and address of the operator receiving the consent of the PD subject;
- purpose of processing personal data;
- list of PD to which they consent to be processed;
- name or full name and address of the person processing the PD on behalf of the operator;
- a list of actions with personal data, the commission of which consent is given;
- general description of the PD processing methods used by the operator;
- validity period of the PD subject's consent;
- signature of the subject of the personal data;
- conditions for termination of work with personal data.
Can personal data of owners appear in the public domain?
Algorithm for permanent registration
In addition to obtaining the owner's consent, during the registration process you must:
- Collect documents (passport and title papers for the apartment).
- Write an application (on form No. 6).
- Submit the papers to the department of the Main Department of Migration Affairs of the Ministry of Internal Affairs. It is important that the owner is present and submits a statement of his consent.
- Pick up your passport with the registration stamp. Usually the entire procedure lasts 3 days.
The process is quite simple if you have all the necessary documents.
Confirmation of registration
To check your registration, you are usually required to present your passport. It contains a stamp indicating the address and date of registration.
Minors (under 14 years old) who do not have a passport are issued a registration certificate (form No. 8).
Is it possible to register without the consent of one of the owners?
No. Registration without consent is possible only in two cases:
- If a parent or guardian registers a child who is under 14 years of age. In this case, he himself must be registered at an identical address.
- If the person belongs to indigenous peoples. Their list is reflected in Government Decree No. 713 of July 17, 1995.
We hope this simple article and forms will help you register using the above example of owner consent. If you have any questions, you can ask them in the comment form below, our specialists will try to answer as soon as possible.
