Act on non-residence at the place of registration: procedure and rules for drawing up

An act of non-residence is a document drawn up in writing, which officially confirms the actual non-residence of a citizen in the residential premises.

How to write an act:

The act of non-residence is drawn up in any form in writing;
This document must comply with all legal norms;
When drawing up the act, a commission is created, which must include representatives of the management organization and housing and communal services. The composition of the commission is at least three people;
If representatives of third-party organizations participate in the commission on a commercial basis, it is also necessary to draw up a certificate of completion of work;
If such an act is brought to court, then all interested parties must participate in the judicial process. Participation of the owner of the premises or his legal representative in the inspection is mandatory. Participation by persons temporarily residing in the premises is also possible. Written explanations of the inspection participants, their opinions or any other relevant information are allowed;
It is necessary to note in the document if someone refused to sign the act of non-residence;
Additionally, you can attach documents or copies thereof related to the inspection to the report.

Execution of the act Copies of such an act are considered invalid; each member of the commission must have the original. The original copy is also provided to the regulatory authorities and, if necessary, to the court.

The act of non-residence can be refuted in court. In this case, an additional examination of the specified residential premises is prescribed.

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Non-Residence Act - what is this document?

A certificate of non-residence is a document that can be used to confirm that a citizen does not live at the registration address. It is drawn up in simple written form.

The legislation of the Russian Federation does not have clear rules defining who and when such a document may need. As practice shows, it is most often used in the following cases:

a citizen has not lived in the apartment where he is officially registered for a long time, but does not intend to voluntarily check out of it (for example, a former spouse left the living space after a divorce, but does not want to give up the right to use it);
a citizen who has received municipal housing for use under a social tenancy agreement intends to document that the other resident registered there has not used it for a long time;
the landlord intends to terminate the lease agreement early due to dishonest actions of the tenant, but it is not possible to find the latter (if such circumstances exist, the transaction can be terminated unilaterally);
one of the residents of the apartment took out a loan, after which he disappeared without repaying it, and other persons registered in the same apartment began to receive notifications from the creditor about the need to repay the debt;
a writ of execution was drawn up against a person who is registered but does not live at a specific address, and therefore bailiffs began visiting the apartment;
since the absent citizen is legally registered in the apartment, the amount of utility bills collected from its other residents increases (in the absence of a certificate of non-residence, you also have to pay for a citizen who is registered in the apartment, but does not live in it).

The non-residence certificate can be used when considering a case in court. A properly drafted document will help one of the parties to the lawsuit prove the legitimacy of their claims. Also, if there are certain grounds, a certificate of non-residence may be required by the police or investigative authorities.

What it is

At its core, this is a document that confirms that a specific person does not reside at the address indicated in the registration.

ATTENTION! Such a document is drawn up to be provided upon request to various organizations.

The presence of an act among the documents for a subsidy is often required. The paper will prove that this person does not bring income to the family and, at the same time, is not a consumer of utilities.

Sometimes a similar act is written to be submitted to the judicial authority, which deals with various conflicts between residents of apartments and houses, and also considers the issue of forced eviction from living space.

Who can draw up an act of non-residence

All persons interested in this have the right to initiate the preparation of this document. Who draws up the non-occupancy deed depends on the specific circumstances. Its compilers may be:

Neighbours. These may be persons registered at the same address as the absent citizen. If the latter is registered in a private house, the initiative may come from residents of houses located in the neighborhood.
Persons representing the interests of housing and communal services.
A district police officer or an employee of the Ministry of Internal Affairs working in the registration department.
A citizen to whom the apartment belongs by right of ownership.
Residential landlord.

As a rule, several persons take part in drawing up the act. All of them are combined into one commission. For example, such a commission may include: the initiator of drawing up the document, 3 neighbors, a representative of the HOA, and a local police officer.

Kinds

Although there is no strict standard for drafting such a document, the location where the document is sent should still be taken into account.

If an act is needed for the court, all parties to the conflict must be present at the trial . The homeowner's attorney may be present instead. Written evidence from neighbors and other residents of the apartment is attached to the act.

When drawing up a document about non-residence to receive subsidies, it is worth using confirmation of this fact from the district police officer as evidence. In this case, the document will be reviewed by the authorized bodies without any problems. The form of the act remains free and arbitrary.

Procedure and rules for drawing up an act of non-residence

Before you start filling out the act, it is necessary to inspect the residential premises. First of all, members of the commission must make sure that the citizen in respect of whom the document is being drawn up does not actually live in the apartment being inspected. In particular, this may be evidenced by the absence of his personal belongings in the apartment. This event is primarily formal in nature.

A citizen interested in drawing up an act of non-residence should also prepare papers confirming certain facts. Thus, receipts for utility bills will allow you to prove that other residents paid rent for the absent citizen.

The document drawn up will have legal force if the following conditions are met:

it indicates the date of departure or disappearance of the absent citizen;
a citizen registered at a certain address does not live there for at least six months;
this fact is confirmed by the testimony of 3 neighbors;
information about a person’s non-residence at the place of registration is confirmed by the district police officer based on the results of his inspection.

There are no strict rules governing the preparation of this document. You can write the act manually or print a document typed on a computer. The main thing is not the form of the act, but its content.

Important! The information recorded in the document must be reliable.

Document preparation

A competently drawn up act of non-residence must have the following details:

Title of the document;
day, month and year of its compilation;
listing the members of the commission with their full names. and job titles;
information about the person heading the commission;
FULL NAME. the citizen who provided the commission members with access to the apartment;
date and time of verification of the accuracy of the information received from the applicant (accurate to the minute);
FULL NAME. a citizen registered in the apartment being inspected, but in fact not living in it;
the address of a residential premises in which the person registered there does not live;
FULL NAME. citizen or name of the organization whose property is the living space;
a list of facts indicating that the person registered in this apartment does not reside;
the commission's conclusions;
the signature of each member of the commission and its transcript (such a transcript should include not only the full names of the persons included in the commission, but the names of their positions);
signature of the citizen who provided access to the apartment, indicating his full name. and positions.

Sample certificate of non-residence at place of registration

Non-residence certificate (sample)

Drawing up an act by the district police officer

It is possible to draw up an act of non-residence without forming a commission. In this case, all necessary actions are carried out individually by the district police officer.

First of all, the police officer conducts a survey of the residents of the house. The data obtained as a result of it is reflected in the act drawn up by him. Citizens who took part in this event confirm their testimony with a personal signature.

The document must indicate the name of the site that is the place of its preparation. It also provides information about the district police officer (full name, place of service, rank and position).

When drawing up an act, the district police officer must refer to the statement of the person on whose initiative it was drawn up. This information is included in the finished document.

Law

When drawing up such an important document, you must be guided by Government Decree No. 713 and Federal Law No. 5242-1 (June 1993). These documents indicate that the place of registration is the residential address at which the individual is registered.

If one or another authorized body needs to find a person, they first of all turn to their database, which indicates the place of registration of citizens. When a person does not live at his place of registration, this is already considered a violation of the law, in particular, Federal Law 5242-1.

Is there a difference between a deed and a declaration of non-residence

The act of non-residence serves as documentary evidence that the citizen has not lived in the apartment where he is registered for a long time. But such a document is not required to be drawn up in all cases. In certain situations, a declaration of non-residence may be issued instead.

Now let's try to figure out how the act differs from a statement of non-residence. The main difference is that the statement of non-residence is written by the citizen himself, registered at a specific address, but for some reason living in another place. Filing such an application means that he is not trying to challenge the fact of absence at the place of registration. On the contrary, this person is interested in its confirmation.

A citizen can apply for non-residence to the passport office or management company. Most often, the interest in taking such actions is due to the need to recalculate payments for utility services. In order for payments to be recalculated, the minimum period of non-occupancy must be 5 days.

Reduced utility bills

In the absence of meters, utility bills are charged either depending on the square footage of the residential premises, or depending on the number of registered ones.

In the case where communal services are charged to persons who are registered but do not actually live in a specific living space, the main tenant or owner can, without deregistering, ask the utility services to reduce the accrued payments.

The fact of non-residence will be confirmed by a corresponding act.

Design rules

The regulations of the Russian Federation do not regulate the rules for drawing up such papers, so they can be drawn up either by hand or in printed form. The main thing is to comply with the order of presentation of information and the appropriate number of copies of the drawn up act.

The data of the commission members is indicated in sufficient detail; this is done with the aim of possibly confirming the described information, and, if necessary, summoning these persons to court to give testimony.

The rules for drawing up an act are simple, but the procedure itself can take a lot of time and be quite difficult for its initiators. The presence of many personal belongings of a non-resident co-tenant is a negative factor, since it indirectly indicates that the tenant did not plan to move out for a long time.

Contacting a company specializing in this issue can greatly facilitate the process of drawing up this document.

✅ Sample acts

The process of drawing up an Act of residence or non-residence requires taking into account a number of nuances.
What do you need to consider when preparing a document in your situation? Contact our website lawyers for a free consultation. Experienced specialists will tell you how to correctly draw up a document in a given case. Attention!

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How to get to the apartment

A variety of situations can happen when utility workers, rescuers or government officials need to get into the apartment. The reason may be leaking pipes, gas leaks, cracks in the walls of the house associated with illegal redevelopment.

Previously, according to the law, no stranger could enter the apartment without the owner’s permission. And often, denial of access to living quarters created many serious problems for others.

Now authorized persons can draw up an act of non-admission to the apartment, on the basis of which the court grants permission for forced entry. If the owner of the apartment, who has been living at a different address for a long time, does not provide access to the housing, two acts may be drawn up - on non-admission and non-residence. The culprit will also receive a fine for not living at the registered address.

About fictitious registration

Before drawing up an act, you should definitely clearly define why it is necessary and what the consequences will be. If it turns out that the document for non-residents is issued due to fictitious registration, the owner of the property will have to bear the greatest responsibility. Such situations most often arise at the initiative of neighbors who are in conflict with the defendant.

Responsibility measures:

A fine is the mildest measure to prevent fictitious registration;
Forced labor - assigned by the court if the latter considers that the defendant’s guilt is more serious;
Imprisonment is only by court decision, the most severe measure.

The introduction of criminal liability occurred relatively recently. This rule began to be applied to reduce the number of invalid registrations, which people use quite often. That is why, before writing any complaint, it makes sense to consult with an experienced legal professional.

Text

The document is drawn up in written form, without any specific requirements. But the following sections must be present:

Title of the document.
The composition of the special commission that draws up the act. Each last name and first name is supplemented with the address of a commission member.
Then there is a section describing the inspection of the premises, which is carried out taking into account current laws.
The result of the inspection should be confirmation that the person lives at this address (or does not live). This can be confirmed by personal belongings, other signs, testimony of neighbors, other residents of the apartment.
The act is signed, the date of preparation is indicated, and the exact address is indicated.

Despite the fact that the act is drawn up in any form, the information in it must be truthful, reliable, and accurate.