Living at an address officially registered to a specific person is not always the case. Various reasons may be grounds for absence from such addresses. Starting from the availability of real estate in other areas, and ending with the desire to receive additional profit in other regions and cities.
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It's fast and free! It is in such situations that the relevant authorities draw up a document that confirms that the person does not live in the place that plays the role of registration.
Document design features
The main thing is to complain about people who do not live where they are registered, but to file complaints in compliance with the law. Otherwise, no one will consider the application at all. And will not take the complaint itself seriously.
When an act of residence at another address is drawn up, the presence of a special commission becomes a mandatory requirement. It is made up of:
- All interested parties.
- District police officer.
- Employees from management companies or housing and communal services.
- Neighbors.
A child can be registered at the place of residence of the father, even if he lives with his mother. Read here how you can do this.
However, the legislation does not establish a clear form for the document itself. It is permissible to use any form when compiling. The legal force of a document will be officially recognized only if it does not contain provisions that contradict current legislation.
How to draw up an act?
It is important not to forget about information about the real owner who owns the premises. And about the time during which someone is absent from the address.
Is it easy to register a child in your apartment and what is needed for this, read this article.
Before drawing up the act, it is necessary to carry out an inspection, during which the owner or his legal representative vested with the appropriate rights will be present. The more witnesses there are, the better. This will become new evidence in favor of the applicant.
Details and sample act of actual residence in the apartment
The main task of the document is to prove that this or that person does not live at his place of registration. Therefore, it is necessary to indicate:
- Date and place of document preparation.
- A link to evidence that this or that person has not been at this address for some time.
It’s worth writing separately if the location remains unknown. It is impossible to do without information about which persons took part in the preparation of the document itself. And what is the status of the participants in the process.
The residential address along with the basic data from the passport will not be superfluous in this case. All those present during the preparation put their personal signatures on the document. After this, he is sent to the management company. A sample form for an act of actual residence can be downloaded below.
About responsibility, rules and fines
A fine is the minimum administrative penalty. It is used if someone is absent from the address at which registration was issued for 90 days or more. The fine is 5-7 thousand rubles for those who are located in St. Petersburg or Moscow, or the immediate surroundings.
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The most difficult thing is to collect concrete evidence that a person does not live at his place of registration. Especially if it is actually located close to the main address.
The application of an appropriate fine becomes quite difficult from a practical point of view. Usually the punishment is introduced when they contact the migration service. And there it turns out that registration at any official address was not completed longer than the established period.
Legal force of the document
The document is recognized as valid immediately after the signature of each representative of the commission that conducted the special inspection is signed. If there are no points that contradict the law, the document may even be accepted as the main evidence during court hearings.
Why is the act needed?
Act of actual residence - what kind of document is it and what is it for?
In simple terms, this act records exactly who lives (or not) in a certain apartment or house.
It is interesting that this document does not appear in any laws or even in the Housing Code. The only mention of it is contained in the Decree of the Government of the Russian Federation No. 354 “On the provision of utility services to owners and users of premises in apartment buildings and residential buildings.” However, the document is used in different situations.
Which organizations need it and why?
According to the Decree of the Government of the Russian Federation, the consumer of utility services is obliged to inform the contractor (that is, the service provider) about the number of people living in the apartment. The act is submitted to the management company within five days (working days).
In addition, this document is needed to recalculate utility bills. For example, the owner leaves for a long period of time. Or lives elsewhere. If there is no act, then payments are calculated according to the number of homeowners.
But this is the case if he does not have metering devices installed. Metering devices include water, gas and heat meters.
The Federal Migration Service.
If a person does not live at the address at which he is registered, then the FMS deals with this matter. Especially foreign citizens and stateless persons temporarily staying in Russia.
The police need information about your actual residence. For example, if there is an eviction case or an illegal rental case.
Thus, this document has a very wide scope of application by various authorities.
Who can draw up this document
The owner himself has the right to draw up an act (if he needs a recalculation of utilities or intends to rent out the premises).
In case of official need, it can be drawn up by representatives of the authorized bodies listed in the previous paragraph - representatives of the migration service, district inspector, bailiffs, housing office employees.
It happens that the act is drawn up by neighbors. We will discuss this option in a separate paragraph.
In order for the document to have legal force, it is necessary to draw up a commission. The commission usually includes neighbors, housing office workers, police officers or a local inspector. One representative from each body. They jointly draw up a deed and sign it.
Certificate of residence, form
You can write it manually or fill out a ready-made form.
No special form of the document is fixed anywhere, but it, like all official documents, is subject to generally accepted requirements:
- details (last name, first name, patronymic, registration or actual location address) of the applicants and the person being inspected;
- information confirming or refuting the residence of the person being inspected in this territory;
- evidence (if available);
- data of commission members;
- signatures of all those present.
How to write an act of residence from neighbors, features of drafting
If the owner illegally rents out an apartment, and the tenants disturb the silence or do not comply with sanitary and hygienic standards, neighbors can draw up a certificate of occupancy.
The emphasis should be on the fact that the owner of the apartment himself does not live in it. You can contact the Housing Office. There they will confirm the fact of non-residence of the owner and issue a corresponding certificate.
You can now contact the police with these documents. And they will continue to act in accordance with the law.
Sample certificate of residence from neighbors
- When filling out an act from your neighbors, you must indicate the passport details and exact addresses of the applicant neighbors, a detailed description of the situation and the signatures of all those present.
- The document can be certified by a representative of the management company or a local inspector.
- You can download a sample act right here.
Fines
It can be difficult for law enforcement agencies to prove the fact of residence or non-residence of a particular person: he may live nearby and often come to his place of registration; in apartment buildings, neighbors often do not know each other and cannot give testimony. Therefore, when inspecting the room, attention is paid to every little detail, right down to the number of cutlery.
But if it is still possible to prove the fact of illegal residence in another residential premises, then a violation of Article 19.15.1 of the Code of Administrative Offenses of the Russian Federation will be recorded. Then a fine of 2 to 3 thousand rubles will be imposed on the citizen. And a homeowner who allows unregistered persons to live on his territory faces a fine of 2 to 5 thousand rubles.
Possible mistakes
The act of residence itself, even if confirmed by witness testimony, cannot be grounds for eviction or collection of additional utility bills.
He is one of the proofs. The police can also draw up an inspection report on the premises. But the main evidence is the administrative offense protocol. And only then, with the entire package of documents, can you go to court to initiate a case.
There is no other way to evict a person and increase his utility bills.
I would like to draw special attention to the fact that according to Decree of the Government of the Russian Federation No. 354, registration is necessary only if citizens live at a certain address for more than five days. If guests come to you or your neighbors for a few days, then you do not immediately need to run to the management company with an application.
I would like to emphasize that the act can only be drawn up with the participation of the owner of the property. Otherwise the act will be illegal.
The owner may refuse to sign the document, but conducting an inspection without his presence is prohibited.
If the owner cannot arrive for health reasons or due to departure, then his representative with a notarized power of attorney has legal rights.
Any nuances are important when drawing up an act of someone’s actual residence - testimony of witnesses, confirmation of neighbors, correct execution of the document. And if it so happens that you need this document, then it is better to do everything according to the law.
Source: https://yurzona.ru/sosedi/akt-o-prozhivanii-po-adresu-podtverzhdennyj-sosedyami-kak-ego-sostavit-obrazets-i-pravila.html
How else to establish the fact of residence without registration
Of great importance is how many beds and cutlery are in the apartment. But in this case it is important to use witness testimony. No less attention is paid to the issue of the presence of a local police officer during the inspection. Representatives of the state housing inspection may also become an interested party.
Procedure for signing the act
Even if the apartment owner refuses to sign the act, other owners or residents using public services can sign. The chairman of the apartment building signs the document only if no partnership or cooperative has been created.
How you can deregister a person and where to apply for this, read here.
Otherwise, the act is signed by the chairman of these entities. In this case, one of the copies of the document must be given to the registered person or to the person who must reside at the address permanently.
Additional rules
If proof of residence is required, it is recommended to do this in court. An application for this is submitted at the place of registration of the originator of the document. A mandatory requirement is payment of the state fee.
At the trial, it is advisable to invite at least two witnesses to help with evidence. Wherever the document is sent, it is important that it is certified by the management company or the housing office.
It’s good if the district police officer himself is also ready to confirm that the owner of the apartment does not live at this address. The document may include various additional information. For example, you can indicate that the owner’s belongings are stored in the apartment, if this is true.
First, you can contact the Housing Office to obtain a certificate about the family and its composition. When it is in hand, they then draw up a statement about the need to draw up a deed.
If you want to get a larger apartment from the state and have deliberately worsened your living conditions, what the consequences may be for this - read the link.
He confirms that one of those registered in the apartment does not live at the address. Compilation becomes the responsibility of housing office employees, neighbors are involved as witnesses.
How does an act differ from a certificate?
An act of non-residence at the place of registration can be drawn up by employees of the Homeowners Association, Management Company, Housing and Communal Services, bailiffs, passport office specialists or local police officers.
The commission must be formed of at least three people. The document is prepared in the presence of the owner of the premises or his legal representative. A form is filled out based on information obtained during a survey of neighbors. Current legislation gives the right to draw up such an act to private individuals.
These could be landlords, property owners, neighbors. Such a document is often called a certificate.
To draw up an act, other documents may be required confirming the citizen’s non-residence in a specific apartment:
- certificate of temporary registration of a person at another address. It is issued at the Main Department of Migration Affairs of the Ministry of Internal Affairs, the passport office. You can also submit a request to receive it at the Multifunctional Center. Such a document confirms that the person does not currently live at the old place of registration;
- a certificate from the place of work confirming the fact of working and living in another area.
If you need to evict your neighbor tenants
Sometimes you simply cannot do without bureaucratic tricks. Especially if it is necessary to combat the illegal letting of free space. This happens when tenants constantly disturb the rules and peace of other tenants. And the legal owners of the apartments do nothing.
Act of actual residence.
The residence certificate form will help if the area is rented out in violation of the law. You just need to draw up a document stating that the owners are not in their apartment. With this document it is much easier to file a complaint to other, higher authorities.
You can use other evidence that the rental is illegal. For example, it is allowed to contact the Housing Office. They will confirm that the housing rental is organized illegally.
You can send your application to the police department. Then the police check whether the citizen lives at his registered address. Depending on the response from higher authorities, further actions are planned.
The legislation states that apartment owners must promptly report new citizens who have received registration at the same address. And consuming energy resources. It all depends on how conscientious the residents themselves are.
Performers have the right to check who lives in what territory. But even an official act of actual residence cannot become evidence and grounds for charging additional fees in connection with consumed resources.
How to correctly draw up a home inspection report and what you should pay attention to, read the link.
Only a protocol can become such a basis. It is drawn up by authorized bodies and certified by all means necessary for this. Only this can be used as official evidence.
Act of actual residence
Guru of Law April 30, 2019
The act of actual residence of a citizen in an apartment is drawn up by the management company or inspection authorities. The basis for drawing up the document can be the testimony of neighbors and other evidence.
Such paper may be required in the event of conflicts with the management company, utility companies, or if it is necessary to forcibly evict a person from the occupied living space.
However, the Housing Code and other legislative documents do not address the issue of drawing up this act. The only thing that regulates the procedure for drawing up and using a residence certificate is Government Resolution 354.
In this case, the court, in the case of consideration of cases concerning Housing Law, takes into account the acts of residence or non-residence in the apartment.
How to draw up an act of actual residence in an apartment?
First of all, if you need to draw up an act of actual residence, no one will provide you with an official sample. The paper is drawn up in a more or less random order, but must contain the following information:
- date of document preparation;
- the address at which the check was carried out and where the fact of residence was established;
- passport details of the person whose residence is established in the apartment;
- evidence confirming the fact of residence or non-residence in the apartment;
- place of residence (registration) of the person, if any;
- data from witnesses to the document;
- signatures of those making the document and witnesses.
It is worth paying attention to the fact that the act of residence is drawn up by a commission, and not by one person. If the document was drawn up with violations, this is a reason for lawyers to challenge the validity of the paper, and for the court not to take this act into account.
The commission may include:
- neighbours;
- district police officer;
- representative of the management company;
- other persons.
In the process of drawing up an act of residence, the apartment is inspected by a commission in order to find the belongings of the person whose residence here must be proven. The drawn up document is checked by members of the commission, after which they sign it.
In what cases is an act of actual residence in an apartment drawn up?
Various situations arise, so lawyers dealing with Housing Law issues encounter similar cases with enviable regularity. The act may be required by the management company if it is necessary to recalculate payment for services provided to residents. This paper is also the basis for forced eviction from an apartment.
Quite often there is an act from neighbors about the actual residence of a person in a particular apartment. For example, if an apartment is rented out, and the tenants have suspicions that more people live in it than is stated in the contract. And simply, if neighbors renting an apartment do not give peace to other residents, this document can help solve this problem.
In this case, the act becomes almost the only confirmation that the apartment is being rented with serious violations. Although there is no drafting template as such, there are certain rules according to which the act of residence should be drawn up.
- The act must be directed to specific people whose details are indicated in the paper, otherwise it will be invalid.
- The presence of a special commission is a prerequisite for the entry into force of the drafted act.
- As soon as the document is signed by the constituent persons and witnesses, it becomes legally binding.
- The owner of the apartment being inspected must be personally present during the inspection, so he is notified in advance.
