If your question is lengthy and it is better to ask it in writing, then at the end of the article there is a special form where you can write it and we will forward your question to a lawyer specializing specifically in your problem. Write! We will help solve your legal problem.
When drawing up an act, it is necessary to comply with the norms of the current legislation, only in this case the document will be accepted for consideration.
When drawing up an act of residence at a different address, a specially created commission must be present.
Please note! The commission includes:
- district police officer;
- neighbours;
- representative of the management company;
- interested people.
It is not prohibited for private individuals to draw up an act: neighbors, the owner of a residential premises, or a landlord.
There is no strict form of the document established by law. This means that the drafters are free to design the document, but they must adhere to a business style and logical sequence of presentation.
Rules for drawing up a document
The apartment owner and neighbors have the right to initiate the drafting procedure. It is compiled by employees of the management company.
The following requirements for the procedure are presented:
- Only a written form of the act is acceptable;
- the act itself is drawn up manually;
- the presence of the commission is mandatory;
- the presence of the apartment owner is required during its inspection;
- the text includes testimony from persons who participated in the inspection;
- an application is drawn up, which includes documents that are relevant to the case;
- if a person refuses to sign the act, this is noted in the text.
Signatures are provided by witnesses, as well as a representative of the housing and communal services.
Is it possible to install a camera in the entrance without the consent of the neighbors.
If the management company employees are not going to certify the document and are deliberately delaying time, contact your neighbors so that they can witness the inspection procedure. A notary also has the right to certify the deed.
ATTENTION! Look at the completed sample act of actual residence of citizens:
Liability and fines
Persons have the right to reside on the territory of the Russian Federation for 90 days. After expiration of the period, they may be fined. In this case, temporary registration is necessary; its registration will not be difficult. If you apply after the 90-day period, you will have to pay a fine.
It is difficult to record the fact of illegal stay at another address. If it is revealed that a person has violated Article 19.15.1 of the Code of Administrative Offenses of the Russian Federation (residence of a citizen of the Russian Federation at the place of stay or at the place of residence in a residential building without registration), he is obliged to pay a fine, the amount of which is 2000-3000 rubles.
However, the size of the fine varies depending on the region. If the violation was committed in Moscow or St. Petersburg, the fine will be from 5,000 to 7,000 rubles.
Remember! Temporary registration is not required in the following cases:
- if the citizen is registered and actually lives within the same locality;
- temporary registration is not required for family members of a citizen who is registered at a specific address;
- persons who rent an apartment or room in a hostel if they have a residence permit in a given region are not held liable.
You will avoid a fine if you regularly move to your place of registration. This situation may not please the neighbors, who have the right to initiate the procedure for eviction of a citizen from a residential premises.
Relatives may be evicted if absent for a year. Other citizens are subject to eviction after six months.
The act of non-residence is drawn up by a specially created commission, which includes neighbors and employees of the management company. You have the right to have the document certified by a notary.
How to fill?
Although the act does not have a prescribed form, it must contain the following information:
- Date of filling, city or other locality;
- Full names of neighbors and their residential address;
- Full name of the employees of the management company and their position;
- Full address of the apartment;
- Full name of the apartment owner and the date of his notification;
- The names of all persons identified as residing on the premises;
- A list of everyone registered in the residential premises;
- Reason for drawing up the document;
- Signatures of all listed persons.
The document must be signed by the owner of the apartment and the persons living in it. If they refuse to sign, the relevant information is indicated in the act.
Thus, the drawn up act is used as part of the eviction documents along with a complaint to the court. There must be actual evidence of violation of the rights of neighbors and lack of registration at the place of residence. A correctly drawn up document is the basis for consideration of the case; the testimony of witnesses and officials is additionally taken into account.
How to fill out the form
In order for a document to have legal force, it is necessary to involve a special commission to formulate it. Members of the commission can be:
- Employees of the management company or housing office.
- District police officer
- Neighbours.
Most often, the initiator of drawing up the paper is the management company, which attracts neighbors as witnesses. The owner of the property must be notified that the commission will be collected. If the owner of the living space and the persons on whom the paper is filled out are not present when it is drawn up, this must be recorded in the act.
What does it look like
A specific template is not used for drawing up the document. However, there is a list of information that must be indicated in it. In their absence, the completed act can be appealed and declared invalid. Such data includes:
- Name of the locality and date of filling out the document.
- List of all commission members. The following information is entered about each person: Full name. and the position held, if it is a specialist from the management company; if this is a neighbor, the full name is also indicated. and address.
- Address of the apartment.
- FULL NAME. the owner of the property and the date of his notification of the upcoming meeting.
- The results of the examination are entered by full name. tenants who actually live in this living space.
- List of all registered persons.
- Basis for drawing up the document.
- Signatures of the commission members.
Signatures of the owner of the property, citizens registered in the apartment and actual residents are also required. If they refuse to sign the document, this will also be indicated on the form.
What does a residence certificate look like?
This paper is requested to confirm permanent registration, according to the state register. The document is issued in Form No. 9 and is often called a family composition certificate, as it contains information about the residents and their relationships.
It consists of the following data:
- Name and form of issue;
- Full name and date of birth of the applicant;
- Place of official registration at a postal address in Russia;
- Full name of all persons living with the applicant in the same living space. In addition, information about the relationship of the residents is recorded;
- Details of the institution where the application will be submitted;
- Full name of the official who issued the certificate and his signature;
- Additionally, information about the number of square meters and the number of rooms may be indicated;
- Date of issue of the statement;
- Stamp of the government agency that issued the certificate;
- Quite often, this paper contains additional data about citizens who were previously registered in the living space and the dates they were deregistered.
Sample
Get acquainted with a sample certificate of residence by downloading it.
The document is issued in Form No. 9 and is often called a family composition certificate
Guide to independently drawing up an act of actual residence
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.
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
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.
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.
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.
Who can take an extract?
State legislation states that a certificate of residence can only be obtained by the citizen submitting the application, who is registered at the address specified in the application.
Also, the following categories of citizens can apply for a certificate of temporary or permanent registration:
- Law enforcement officers;
- Employees of the Pension Fund and the Social Security Administration;
- Notaries;
- Persons indicated as trustees, in the presence of a notarized document.
Only his legal representatives can obtain a certificate of residence for a child. This process will require the provision of a passport and birth certificate of the child.
The place of registration of children under 18 years of age is the living space in which their parents are registered.
Certificate of actual residence in an apartment sample download
This situation may not please the neighbors, who have the right to initiate the procedure for eviction of a citizen from a residential premises.
Relatives may be evicted if absent for a year. Other citizens are subject to eviction after six months.
The act of non-residence is drawn up by a specially created commission, which includes neighbors and employees of the management company. You have the right to have the document certified by a notary.
Important The text identifies all persons who acted as witnesses. Their testimony is also recorded on paper. Documentation relevant to the case is supported in the form of appendices. If a person does not want to sign a document, then the compiler puts a corresponding mark in the text. Visas must be supplied by witnesses and a representative from an organization operating in the housing and communal services sector.
Important! If the employees of the house management company are not going to certify the documents and are deliberately stalling for time, you need to contact the people living in the neighborhood. The latter have the right to witness the conduct of events. In addition, a notary can certify the papers.
Why register information about residents?
A certificate issued by the initiator allows you to establish the legality of use of residential premises.
Certificate of actual residence in an apartment sample free download
How is it filled out?
When drawing up an act, the norms of current legislation must be observed. Only if the regulatory rules are observed will the act acquire legal force.
Attention
How to obtain a certificate for a deceased person?
Quite often, in order to receive an inheritance under a written will, a certificate from the place of residence of the deceased is required. To prepare such a document, you must contact the registry office according to the citizen’s former place of residence.
You need to prepare a certain package of documentation in advance:
- Passport and its photocopy;
- Death certificate;
- Documents confirming relationship with the deceased (only originals are required).
The document is provided on the day of application with the above documents. The applicant will need to pay “for the form,” but the amount is insignificant. Average prices are about one hundred rubles, or even less.
How long is a certificate of residence valid?
The validity period of the certificate is not limited by federal law. But some government agencies have the right to set restrictions on their own.
A certificate is issued for:
- 10 days;
- 14 days;
- 30 days.
Therefore, before requesting a document of the established form, it is worth checking with the authorized company what deadlines are required in the reflection. State duty is not paid upon demand.