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.
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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.
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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?
✅ Procedure for drawing up an act
When registering, you must adhere to the following sequence of actions:
- Decide on the composition of the commission. For this purpose, it is necessary to interview neighbors about their consent to participate in such a procedure, and, if necessary, to additionally confirm their testimony.
- Conduct an inspection of the residential premises at the agreed time to establish the fact of residence or non-residence.
- Record the results of the inspection in writing.
- Sign to all members of the commission. The document acquires legal force immediately after signing by all persons present.
If the commission includes neighbors, you need to make sure that they use the housing legally and live at their current address for at least the period of time specified in the Act.
The inspection of the residential premises and the subsequent drawing up of the document must take place in the presence of the owner of the property or his legal representative, acting in accordance with a notarized power of attorney. During the inspection, the presence of the citizen’s personal belongings is determined, in relation to which the fact of residence needs to be confirmed or denied, and other signs that may indicate the number of residents (for example, the number of beds, the number of cutlery). The following may be used as additional evidence:
- certificates with a period of more than 5 days about work trips, hospital treatment;
- invoices from hotels indicating check-in and check-out dates;
- official certificate of another place of registration issued by law enforcement agencies;
- facts of contacting medical institutions, management companies, housing departments serving the specified address;
- payment documents confirming the division of costs for maintaining the property.
