Article updated: December 20, 2021
Elena GrushinaRealtor with a legal education. Work experience - 12 years
Hello. I will immediately answer the question posed:
A person who wants to register somewhere must submit an application for registration himself. Otherwise, without his personal presence, the service will be denied.
At the same time: 1) It doesn’t matter that the owner will have in his hands the passport of the person registering, a notarized application from him and a power of attorney, be it special or general. There is no point in formalizing and transmitting anything. 2) It does not matter that the owners and the citizen registering are relatives. 3) It makes no difference whether it is a permanent or temporary registration. 4) The reason why a person cannot submit an application himself is not important.
Below I will describe the articles of the law and the official position of the authorities that confirm mandatory personal presence. At the end you will find links to registration instructions.
A small digression - if you need a free consultation, write online to the lawyer on the right or call (24 hours a day, 7 days a week): 8 (499) 938-45-78 (Moscow and region); (St. Petersburg and region); (all regions of the Russian Federation).
Registration in the apartment
Issues of registration of citizens are regulated by the following legal acts:
- and codes of the Russian Federation.
Registration is a confirmation of the rights that a person has to residential premises.
General registration scheme for the apartment:
- Contacting the passport office at your new place of residence or stay.
- Providing the necessary package of documents.
- Submitting an application and passport for stamping.
Registration is possible via
Registration without personal participation of the owner
Many citizens are interested in whether it is possible to register in an apartment without the presence of the owner. This issue is not clearly regulated by law. According to the general procedure, all activities related to the registration of a person take place with the consent of the owner of the premises and in his presence. But there are exceptions to every rule.
A legal way to register in an apartment without the presence of the owner is to issue a power of attorney from a notary. Its presence allows the intermediary to represent the interests of the home owner.
However, registration by proxy is problematic. Under certain conditions, registration authorities may receive a refusal.
And although most migration departments of the Ministry of Internal Affairs still accept a power of attorney, it is worth consulting in advance on a specific situation at the nearest migration service department or passport office.
Controversial issues arise due to the lack of clear regulation of the process of registration with the owner without his presence and the simultaneous absence of a direct prohibition on this action.
Registration without personal participation of the person registered
According to the legislation of the Russian Federation, registration of citizens must be carried out with their consent and in personal presence. In practice, there are situations when it is possible to register a person in a residential premises without his own participation. The main reason for this is a valid reason why a person cannot appear at the migration authority or passport office:
- serious illness;
- natural disasters;
- other circumstances beyond a person's control.
If it is not clear whether the apartment owner can register a person without his presence, one should proceed from the specific situation.
To register a person without his presence, you will need a power of attorney. A person authorized by the registered entity must appear for an appointment with a state body.
The following authorities accept documents:
- Housing offices: housing departments, homeowners' associations, housing cooperatives, management companies.
- MFC.
- Divisions of the Ministry of Internal Affairs for issues of registration of citizens.
Registration without the personal presence of the person being registered with his passport is possible through special registration departments created at the housing administrations. You should contact them during reception hours, providing the necessary package of documents.
To register a person without his personal presence you will need:
- Passport and military ID of the registered citizen.
- Representative's passport.
- Power of attorney executed by a notary.
- A certificate of departure from the previous place of residence, if the person has been deregistered.
Having found out in advance whether a person’s personal presence is necessary when registering at the passport office, and having prepared a package of documents, all that remains is to fill out the registration application form (on Form No. 6) upon registration. This can only be done by a representative of the registered person.
The owner of the property must appear at the reception, and if there are several of them, then all co-owners, with a passport and documents for the apartment. The owners must give written consent to the registration of a new tenant.
“SHOOTING” WITH TAXES
But the flowering seed of doubt haunts me. Moreover, letters continue to appear in the mailbox.
I'm going to the tax office. They send me away again, only now from one office to another. Finally, I get to the right one. I am writing a statement, asking that the registration data of Eremenko P.V. be removed from the database.
After some time we receive an answer.
In other words, my statement is not grounds for deleting data from the database.
But it’s true. Now everyone will ask you to adjust the database!
You need an official document, that is, you should contact the police (they had not yet renamed it).
I think you will understand us if I say that I really don’t want to do this. Thoughts appear in my head: “Okay, let the letters come, we’ll just throw them away. This makes us neither hot nor cold. I don’t want to go to the police.”
However, it soon became hot, and then cold...
Registration by proxy
Registration at the place of residence with a power of attorney from the applicant is a common practice. For this, a special form issued by a notary is used. The document specifies the powers of the representative.
When issuing a one-time power of attorney, you need:
- passports of the parties;
- certificate of registration of ownership of the apartment;
- an extract from the house register about leaving the previous place of residence.
The document is certified where the citizen is: at home, in the hospital, and so on. Sometimes the assistance of a person is required to sign a power of attorney for a person if he is unable to do so, for example, due to physical limitations.
The document certified by a notary must be submitted to the registration authority of the passport office.
Temporary registration by power of attorney is carried out in the same way, with the only difference that the document specifies the terms of registration. As you know, citizens planning to live at a specific address for more than 3 months must register with the migration authority or submit documents through the MFC. Registration will take about 3 days.
To register a child under 14 years of age at the address of his parents, the owner’s consent is not required. The participation of the father and mother is required for registration.
Employees of departments of the Ministry of Internal Affairs may not accept the application of one of them. If it is impossible to ensure their simultaneous presence, a power of attorney is drawn up confirming the second parent’s consent to the child’s registration. This provision dispels doubts about whether it is possible to register a child by power of attorney.
Also, sometimes a notary draws up a document with extended powers, including a clause on the right to register a minor at the address provided by the applicant. In this case, the latter must have the status of the child’s legal representative.
Refusal of registration by power of attorney
Russian legislation does not specifically indicate whether it is possible to register by proxy from the owner, nor is there a direct prohibition. However, registration will definitely be denied if:
- the power of attorney is not notarized;
- it does not indicate the authority to register another person;
- the application was completed incorrectly;
- the title document has not been provided;
- The documents contain technical errors.
And yet, in general, you can register by power of attorney without the presence of the owner, if you provide all the documents and use the help of a notary.
Features and nuances
The topic of accounting procedures has its own characteristics and nuances.
Without owner presence
In cases where the owner cannot be present when submitting documents due to illness, the need to go on a business trip, etc., then without the owner’s appearance there are the following options:
- have your consent notarized;
- transfer powers to an authorized person using a notarized power of attorney.
Both options are completely legally legitimate.
Other difficulties
As for tenants, it is difficult for the apartment owner to protect himself from the tenant’s intention to obtain registration in the rented apartment. Having presented the lease agreement, the tenant may well try and register the property in someone else’s living space without the participation of the owner. The owner may learn about this fact after a long time.
Registration does not give the right to own and dispose of living space, so there is no reason for owners to be so afraid of registering a relative or friend. The owner's consent is not required by law if we are talking about registering a minor child whose parent is registered in this apartment.
The peculiarities also include the fact that the number of offspring of a resident can be any: natural children will be registered, despite the lack of living space according to the standards.
Registration through the State Services portal
To save time, it is worth submitting an application for registration through the State Services portal. Algorithm of actions:
- Select the type of service received: electronically or through a personal visit to the department.
- Log in to the portal.
- Fill out the electronic application with the required information.
- Submit your application and wait for the results of its verification. Interaction with the client is carried out through a personal account. The notification comes to the mobile application or email
At the specified time, you need to bring the documents to the department of the Main Directorate for Migration Affairs of the Ministry of Internal Affairs, where they will put a mark in your passport about registration at your place of residence.
Find out in more detail how registration is carried out through State Services.
Common Questions
When registering for housing, citizens often have the question of whether it is possible to register a person in an apartment using a general power of attorney. The document allows you to perform registration operations in relation to the principal, but its text must contain a clear indication of the right to represent the interests of the owners:
- draw up and sign an application on behalf of the owner;
- provide and receive documents for an apartment and identity cards.
Some people are interested in how to register a disabled person of group 1 without his presence. It must be emphasized that deregistration in such a situation is not necessary. When registering at a new place of residence, deregistration is carried out automatically. Registration of a disabled person is also carried out on the basis of a power of attorney certified by a notary. The personal presence of the person is not necessary; only his passport data is required.
We will also mention whether the child’s presence is necessary when registering him. To register a minor, only the presence of parents or the notarized consent of the absent person for registration is required. The child's visit is not required.
“SHOOTING” WITH THE POLICE
The police, of course, were only waiting for me (I’m being ironic). First I explained the situation to the duty officer. He called an employee and explained everything to him. We went to another employee. He listened, gave me paper and pen and told me to write a statement.
I'm sitting and writing. The third employee comes in and, not paying attention to me, begins to talk about some kind of detention, and tells it so relishingly that his colleague cannot stand it: “Stop expressing yourself, don’t you see, there’s a woman here!” Surprisingly, it worked.
And I write and think: “Well, if it weren’t for my bandit friends, I wouldn’t have appeared here!”
The application was accepted and they responded within the required time frame.
If the articles, parts and paragraphs are translated into a publicly accessible language, then I was refused to initiate a criminal case because “...In the actions of Eremenko P.V. there are no signs of any crime provided for by the special part of the Criminal Code of the Russian Federation, since by her actions she did not cause actual harm to the interests of L.M. Cherepanova.”
We've arrived again...
I agree, I personally have Eremenko P.V. I didn't steal anything. And another inadequate person who will be given our address at the tax office, of course, doesn’t count
