One of the only legal acts that mentions the act of actual residence of a citizen is PP No. 354.
In such a legislative act as the Housing Code of the Russian Federation, or in other current laws of the Russian Federation, there is no designation of such a document. At the same time, it is successfully used locally in companies responsible for managing apartment buildings.
Be that as it may, the act of actual residence should be called a document, to some extent, irreplaceable. Its use is directly related to the emergence of conflict situations with utility structures and management companies based on incorrect accrual or the need to recalculate the accrued volume of payments for consumed utility services.
At the same time, the act is also used as evidence when making claims by the Federal Migration Service.
At the same time, there is simply no established sample act as such. However, the document has legal force, provided that it is drawn up in accordance with the recommendations specified in the Resolution.
According to paragraph 34 of the RF PP No. 354, the consumer (the owner of the residential premises) has the obligation to inform the contractor (which is the HOA or the Management Company) about a change in the number of citizens living (temporarily or permanently) in the housing they occupy.
The notification itself must occur no later than five working days from the moment the changes occur, provided that the premises in which unregistered persons live are not equipped with individual resource metering devices, or there is no common metering device in the house.
At the same time, another paragraph of the same PP No. 354 (clause 58) states that the number of citizens living temporarily with the consumer in housing is determined according to the submitted application.
The latter indicates the last name, first name and patronymic of the owner of the living space or the consumer permanently residing at the address, displays address data and place of residence, information about persons living in the housing temporarily, as well as the reporting date of the period of residence of temporary consumers in the housing and its expected completion.
As indicated in the document, the owner or the consumer permanently residing in the housing sends such a statement to the contractor within three days (working days) from the moment of arrival at the address of the new consumer for temporary or permanent residence.
The RF PP clearly states that it is the homeowners who must independently send an appeal to representatives of communal structures, so that the latter take measures to document the unregistered consumers “actually living” in their residential premises, by drawing up an act of actual residence.
In reality, such a regulatory provision can be regarded as a legal omission, since the fact of actual accounting of the consumption of utility resources in a certain apartment depends solely on the decency and honesty of citizens.
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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?
- Utility services.
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.
- Management Company.
The management company needs an act on the number of residents to calculate utility bills and determine the actual load on the house.
- 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.
- Investigative authorities.
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.
Types of registration
Among other facts, registration and its type are indicated. It comes in several types, so it is described in detail in the document.
At the place of residence
The type of registration reflects the obligation of a citizen of the Russian Federation to inform the state of the address that he has chosen as his permanent residence. This type has replaced registration, although people often use the traditional term. The state does not have the right to prohibit a person from registering at a chosen address, but only the owner of the living space decides whether to register the person.
By place of stay
A citizen registered at one address can live in another location for a long time (more than 3 months), for example, for the purposes of professional activity or study. Such long-term stays must be reported. For this purpose, temporary registration is proposed, when the citizen is not deregistered at his place of residence. If the place of permanent and temporary residence is in the same subject of the Russian Federation, there is no need to report the location of your temporary stay.
Form of certificate of registration at the place of stay
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.
If the owner refuses to sign, this is noted in a separate column.
You can attach data from a survey of witnesses, who are neighbors.
Download the form for the act of actual residence from this link. ⇐
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. ⇐
Who can get a certificate
The following categories of citizens can pick it up:
- any adult applicant, provided that he is officially registered at the address for which he needs a certificate;
- the owner of the living space has the right to obtain a certificate, even if his registration address is different. Then he confirms his right to own the proper title papers.
It is worth noting that a person living in a living space without official registration can obtain a certificate of residence by providing a power of attorney from the owner of the apartment.
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.
Terms of certificate production and its cost
The certificate is issued free of charge, so any demands for payment are illegal. As for the duration of its registration, each institution has its own deadlines:
- The passport office issues the paper in about half an hour from the moment of request, but there may be a delay due to the heavy workload of the institution’s employees. The maximum waiting period is two hours;
- The management company issues a certificate a few hours after the request.
The longest waiting period is associated with receipt through Russian Post if it is not possible to personally visit any of the institutions. The request reaches the authority within a few days, then it is processed for 1-2 days, after which the certificate is issued and sent to the applicant’s address.
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.
When you may need help
This document confirms the residence or temporary stay of a person at the designated location. These facts are required for the following purposes:
- To obtain compensation, allowances and benefits, including preferential medical care, a document must be provided;
- to receive appropriate services at a health care facility. When wishing to register at a medical institution at the location of his residence, sometimes the patient must present a supporting document;
- to file a claim in court. Often, a judicial institution is selected taking into account the location where the plaintiff is registered, so a certificate of this type is required to confirm this information. When spouses divorce through court, it is necessary to make a decision with which of the former spouses the child will remain. To do this, the court needs to know about the living conditions of each of them;
- to submit a request for improvement of living conditions. To take part in government programs, you must provide information about the place and conditions of your current residence;
- for taxpayer registration. The Federal Tax Service may inquire about the residence of the taxpayer in order to register him;
- to enter into inheritance. Information about the address where the testator lived before death is provided to the notary among other documents for opening the inheritance;
- for training. Children living nearby are enrolled in secondary schools, and this fact must be proven;
- for social mortgage;
- for concluding legal transactions, for example, with real estate.
Men will need similar paper for the military registration and enlistment office. The young man registers with the military by providing official documents.
Is it possible to refuse to issue a certificate due to housing and communal services debts?
Although refusal is not provided for at the legislative level, such cases do occur. A common reason is debt to pay utility bills. However, this situation is unlawful, therefore, if it arises, you must contact the relevant authorities with a complaint against the employee who allowed himself to refuse.
Another reason for refusal may be a lack of necessary official papers. This problem can be easily solved: you just need to bring the missing certificates to complete the package of documents.
A certificate of residence is an important document that may be required for various purposes. The procedure for obtaining it is quite simple and does not require any payment.
