Is it possible to register in a service apartment permanently?


Registration in official housing under a rental agreement

Now they want to conduct an internal check on me and after that I don’t know what to expect.
I acted in accordance with the law, are landlords required to register me somehow? Dear lawyers, we kindly ask those who do not understand this issue not to write, we need competent lawyers with possible further cooperation. Samara. We need to recommend how to correctly write an explanation with references to the law of the Russian Federation

In accordance with the requirements of the law, namely in accordance with the Decree of the Government of the Russian Federation of July 17, 1995 N 713 “On approval of the Rules for registration and deregistration of citizens of the Russian Federation at the place of stay and at the place of residence within the Russian Federation and the list of officials responsible for registration" you have the obligation to register you at your new place of residence no later than 7 days from the date of arrival there.

According to the above resolution

Place of residence is a residential house, apartment, room, residential premises of a specialized housing stock or other residential premises in which a citizen permanently or primarily resides as the owner, under a lease (sublease) agreement, a lease agreement for specialized residential premises or on other grounds provided by law Russian Federation, and in which he is registered at his place of residence.

Based on this, this service apartment will be your place of residence. And you must be registered there

In addition, the registration authority was obliged to carry out this registration no later than three working days from the date of receipt of the documents.

If the refusal is based on the fact that this residential apartment is not your place of residence, then in this case your registration should have been carried out as a temporary registration for a period determined by mutual agreement: with the owners of the residential premises, established according to the period established by the social contract. hiring

Citizens who arrived for temporary residence in residential premises that are not their place of residence for a period of more than 90 days are required, before the expiration of the specified period, to contact the persons responsible for receiving and transferring documents to the registration authorities and submit: https:// www.consultant.ru/cons/cgi/online.cgi?req=doc&base=LAW&n=217488&fld=134&dst=1000000001,0&rnd=0.9972447068413071#02007588153785942

Those. in any case, the refusal to register is unlawful. You have the right to appeal this refusal in court.

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Procedure for registration of military personnel and list of documents

Registration at a military unit involves the following procedure:

  1. Submitting a report to the commander of a military unit on the need to register a serviceman and his family members.
  2. Collection of necessary documents.
  3. Upon receipt of permission for registration and signing the report, the documents are transferred to the passport office at the location of the military unit.
  4. If you are refused registration, you must file a lawsuit in court, where you must set out a demand for fulfillment of obligations to provide the serviceman and his family members with registration at the place of residence and service in accordance with the law.

Registration of minor children of a serviceman is carried out without obtaining additional consent from the command of the unit.

The presence of an appropriate stamp in the passport of a serviceman or a member of his family is confirmation of registration in a military unit. The list of documents required for registration in a military unit includes:

  • written consent of the owner of the residential premises, obtained from a military unit or from the housing department of the Ministry of Defense;
  • documents confirming the ownership of residential premises;
  • originals and copies of passports and birth certificates of children;
  • an application drawn up in Form No. 6, indicating information about the military unit and the housing provided.

Important! The package of documents for obtaining registration at a military unit is submitted personally by the applicant. Transfer of documents by third parties is not allowed, even with a notarized power of attorney.

Permission for registration of a military personnel is issued by a report, which indicates: personal data of the applicant (full name), rank of the serviceman, family composition, request for registration. Unlike a statement, a report is drawn up in any form.

Registration in official housing

I have a contract for the rental of official residential premises, which states that the residential premises are for temporary residence in connection with military service. When submitting an application to the Federal Migration Service for registration at the place of residence, a refusal was received, since the landlord’s application indicated a request to register me and my family at the place of residence permanently, which contradicts the rental agreement. What should I do in this case? Indeed, on the basis of legislation, temporary registration is possible only at the place of stay, while this apartment is my place of permanent residence, that is, my place of residence.

Thank you in advance for your response

I don’t have my own home, I’m not registered anywhere at my place of residence

Vladimir, hello! According to the Rules for registration and deregistration of citizens... approved. By Decree of the Government of the Russian Federation No. 713 of July 17, 1995, registration at the place of residence is carried out, including in official housing. Therefore, the refusal of the Federal Migration Service to register is unlawful. You have the right to appeal the refusal to the court or the prosecutor's office.

replace the words “for temporary residence” with “ for residence during the period of service ” in the rental agreement for official housing.

Good luck to you. Your feedback on the consultation is important to me.

Best regards, Victor Bogachenkov

Vladimir, hello! According to the Rules for registration and deregistration of citizens... approved. By Decree of the Government of the Russian Federation No. 713 of July 17, 1995, registration at the place of residence is carried out, including in official housing. Therefore, the refusal of the Federal Migration Service to register is unlawful. You have the right to appeal the refusal to the court or the prosecutor's office.

replace the words “for temporary residence” with “ for residence during the period of service ” in the rental agreement for official housing.

Good luck to you. Your feedback on the consultation is important to me.

Best regards, Victor Bogachenkov

Appendix to the consultation: excerpt from the Registration Rules:

RULES FOR REGISTRATION AND REMOVAL OF CITIZENS OF THE RUSSIAN FEDERATION FROM REGISTRATION AT THE PLACE OF STAY AND RESIDENCE WITHIN THE RUSSIAN FEDERATION (as amended by Resolutions of the Government of the Russian Federation dated April 23, 1996 N 512, dated February 14, 1997 N 172, dated 03/16/2000 N 231, dated 08/14/2002 N 599, dated 12/22/2004 N 825, dated 03/28/2008 N 220, dated 09/08/2010 N 688, dated 11/11/2010 N 885, dated 10/26/2011 N 869, dated 04/16/2012 N 312, dated 05/21/20 12 N 493, as amended by Decree of the Government of the Russian Federation dated 03/12/1997 N 290, Decree of the Constitutional Court of the Russian Federation dated 02/02/1998 N 4-P)I. General provisionsAds by Media ViewAd Options1. These Rules, in accordance with the Constitution of the Russian Federation, the Law of the Russian Federation “On the right of citizens of the Russian Federation to freedom of movement, choice of place of stay and residence within the Russian Federation”, housing, civil and other legislation of the Russian Federation regulate the procedure for registration and deregistration of citizens of the Russian Federation ( hereinafter referred to as citizens) from registration records at the place of stay and place of residence within the Russian Federation (hereinafter referred to as registration records). Registration records are established in order to provide the necessary conditions for citizens to exercise their rights and freedoms, as well as to fulfill their duties to others citizens, state and society.2. The registration authorities in cities, towns, rural settlements, closed military camps, as well as in settlements located in the border zone or closed administrative-territorial entities in which there are territorial bodies of the Federal Migration Service are these territorial bodies, in other populated areas points - local government bodies. (as amended by Decree of the Government of the Russian Federation of March 28, 2008 N 220) (see text in the previous edition)3. The place of residence is the place where a citizen temporarily resides - a hotel, sanatorium, holiday home, boarding house, camping, hospital, tourist center, other similar institution, as well as residential premises that are not the citizen’s place of residence

roof rack vaz 2114 dimensions

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Is it possible to privatize a service apartment?

So, we have examined the main issues regarding how residential properties can be managed. The key in this case is the stage of transferring an apartment from a specialized housing facility to a municipal property with the execution of a social tenancy agreement.

Previously, we described one of the ways - through removing the official status from the apartment. Now we propose to consider a couple more options for the privatization of service residential properties.

  • Conclusion of an agreement with the owner of the property.

Not all enterprises are ready to allow the privatization of office premises. However, everything depends on the profile of the organization and its goals. For example, some companies are focused on attracting highly qualified personnel, as well as specialists of a narrow profile. To ensure successful recruiting, they are launching special programs, including housing programs with the possibility of privatizing office housing.

If the company's management allows privatization, the employee must fulfill several conditions: work at the company for at least 10 years, use a residential facility throughout his entire career. If all requirements are satisfied, the organization enters into an agreement with the employee to transfer the object into the ownership of an individual.

After this, you can proceed directly to the privatization of the object. The following documents will be needed:

  • agreement with the owner;
  • an extract from the house books with all the addresses of your residence;
  • cadastral passport of the object;
  • documents of everyone living in the apartment;
  • extract from the Unified State Register of Real Estate for the premises.

The collected package of documents is submitted for registration. You must contact the privatization department. In Moscow, such offices are located in the Office of the Department of Housing Policy and Housing Fund of the Russian Federation. Registration lasts from 1 to 2 months. At the end of this period, you will be issued a certificate of ownership.

  • Privatization through the courts.

If it is not possible to agree with the owner on changing the status of the housing and its exclusion from the official housing stock, the only solution is to go to court.

The plaintiff files an application to the court in the name of the employer. The subject of the claim is to oblige the defendant to send to the local administration an application to exclude the residential property from the list of official ones. The plaintiff must prove his case in court and present compelling arguments. It is also necessary to demonstrate at the meeting that pre-trial measures failed to resolve the conflict. To do this, the employer needs to submit an application to the body that manages the service facilities. A representative of the department must respond in writing with the wording that privatization has been refused and it is possible only through the court.

Current judicial practice shows that judicial authorities are most often inclined to refuse to satisfy the employer’s claim. In this context, it is very important to involve in the process a competent lawyer with accumulated experience in resolving such disputes.

Is it possible to obtain permanent registration under a rental agreement for office premises?

Law of the Russian Federation of June 25, 1993 N 5242-1 (as amended on April 3, 2017) “On the right of citizens of the Russian Federation to freedom of movement, choice of place of stay and residence within the Russian Federation”

Article 6. Registration of a citizen of the Russian Federation at the place of residence A citizen of the Russian Federation who has changed his place of residence is obliged, no later than seven days from the date of arrival at the new place of residence, to contact the person responsible for receiving and transferring to the registration authorities documents for registration and removal of citizens of the Russian Federation from registration at the place of stay and at the place of residence within the Russian Federation, and in cases provided for by this Law and the rules for registration and deregistration of citizens of the Russian Federation at the place of stay and at the place of residence within the Russian Federation, directly to the registration authority with an application in the prescribed form.

In this case, the following must be presented: a passport or other document replacing it, identifying the citizen;

a document that, in accordance with the housing legislation of the Russian Federation, is the basis for moving into a residential premises

The registration authority is obliged to register a citizen at the place of residence no later than three days from the date of presentation of documents (submitting an application and documents in the form of electronic documents) for registration

You don't need administration. You need to contact your local police department to register. The lease agreement for office premises must be in your hands; if you don’t have it, ask the administration.

Decree of the Government of the Russian Federation dated July 17, 1995 N 713 (as amended on May 25, 2017) “On approval of the Rules for registration and deregistration of citizens of the Russian Federation at the place of stay and place of residence

16. A citizen who has changed his place of residence must, no later than 7 days from the date of arrival at his new place of residence, contact the persons responsible for receiving and transferring documents to the registration authorities and submit: an identification document; application in the established form for registration at the place of residence; a document that, in accordance with the housing legislation of the Russian Federation, is the basis for moving into a residential premises.

Law of the Russian Federation of June 25, 1993 N 5242-1 (as amended on April 3, 2017) “On the right of citizens of the Russian Federation to freedom of movement, choice of place of stay and residence within the Russian Federation”

Article 5. Registration of a citizen of the Russian Federation at the place of stay and deregistration of a citizen of the Russian Federation at the place of stay Registration of a citizen of the Russian Federation at the place of stay is carried out within a period not exceeding 90 days from the date of arrival of the citizen in the residential premises. Registration at the place of residence is carried out without removing the citizen from registration at the place of residence.

For how long is your rental agreement for office housing? Do you have any other living space? No place to live?

Contact the police and have them draw up documents at your place of residence. Compose and fill out the required forms.

33. Persons responsible for receiving and transmitting documents to registration authorities do not have the right to refuse citizens to accept applications for registration and deregistration at their place of stay and place of residence. 34. In accordance with Article 8 of the Law, the right of citizens to freedom of movement, choice of place of stay and residence within the Russian Federation may be limited in the border zone, closed military camps, closed administrative-territorial entities, environmental disaster zones, in certain territories and in populated areas points where, in case of danger of the spread of mass infectious and non-infectious diseases and poisoning of people, special conditions and regimes for the population’s residence and economic activity have been introduced, in territories where a state of emergency or martial law has been introduced.

35. There are no grounds for suspension or refusal to provide public services.

81. A citizen who has changed his place of residence, no later than 7 days from the date of arrival at his new place of residence, submits an application for registration at the place of residence in Form No. 6 (Appendix No. 3 to the Regulations) to the persons responsible for reception and transfer to the registration authorities documents, and in their absence - to the owner of the residential premises. 82. Persons responsible for receiving and transmitting documents to the registration authorities, on the basis of a citizen’s application for registration at the place of residence and the submitted documents, taking into account the provisions of paragraph 30 of the Regulations, fill out a registration card in Form No. 9 (Appendix No. 13 to the Regulations), apartment card in form No. 10 (Appendix No. 7 to the Regulations) or enter the relevant information into the house (apartment) book in Form No. 11 (Appendix No. 8 to the Regulations), arrival address sheets in form No. 2 (Appendix No. 5 to the Regulations), a sheet of statistical registration of arrivals in form N 12P and a sheet of statistical records of departures in form N 12B to them (Appendix No. 12 to the Regulations) - for the person subject to statistical observation.

In case of refusal, collect documents from the police authority and write a complaint to the prosecutor's office against the police department for failure to provide the service.

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The right to registration in official housing

I have a question: where should my son and I register - in my parents’ apartment (Moscow): total area 75 meters, 46 residential, Marina privatized

Hello. If you want a permanent one, then yes

Should I give up my share altogether? Marina

You can for guarantee. You will experience deterioration and a ban on placement on the veins. registration is for 5 years, but if 7 more are going to serve, then the deadline will pass.

Article 53. Consequences of citizens intentionally worsening their housing conditions Citizens who, with the intention of acquiring the right to be registered as those in need of residential premises, have committed actions as a result of which such citizens can be recognized as needing residential premises, are registered as those in need of residential premises premises no earlier than five years from the date of commission of these intentional actions.

15 meters, my son has nothing, and won’t this harm me when in 7 years I will be faced with the question of the possibility of transferring temporary office housing to permanent housing? Marina

If you get rid of your share now, it won’t hurt

Or should I seek permanent registration in official housing due to the fact that the child is disabled? Marina

You most likely will not be given a permanent one, since the housing is official, but will only be given a temporary one for the duration of your service.

Good afternoon. Why don’t you register in the office?

When, in 7 years, will I be faced with the question of the possibility of transferring temporary office housing into permanent housing? Marina

It will influence. What is the footage?

Or should I seek permanent registration in official housing due to the fact that the child is disabled? Because of this, they gave me an apartment, although I’m not supposed to - I have property. One-room apartment, 43 meters. How to be. Marina

What you want to achieve is not entirely clear

Should I give up my share altogether? Marina

This is more real. How did you get the apartment? Privatized?

where should my son and I register Marina

To the service apartment.

the total area is 75 meters, 46 residential, privatized, I have one fifth - 15 meters, my son has nothing, and will this not harm me when in 7 years I will be faced with the question of the possibility of transferring temporary office housing to permanent? Marina

Give it to your parents, because... after 5 years, the period for deliberate deterioration of housing conditions will expire, and after 7 years of service you will have the right to register those in need of purchasing housing and receiving it.

who provides heating in a private house

Marina, good afternoon.

If I understood correctly from your question, you want to be able to get housing after leaving the service. You have such a right and it is provided for in Art. 15 of the Federal Law “On the Status of Military Personnel”.

Military personnel - citizens who are provided with official living quarters for the entire period of military service and are recognized as in need of living quarters, upon reaching a total duration of military service of 20 years or more, and upon dismissal from military service upon reaching the age limit for military service, for health reasons or in connection with organizational and staffing measures, with a total duration of military service of 10 years or more, the federal executive body, in which federal law provides for military service, provides a housing subsidy or residential premises in federal ownership, at the choice of these citizens, free of charge or under a social rental agreement with the specified federal executive body at the chosen permanent place of residence and in accordance with the standards for the provision of residential space provided for in Article 15.1 of this Federal Law.

But there is a clause in the Law that not everyone is given housing,

Civilian military personnel are recognized by the federal executive body, in which federal law provides for military service, as needing residential premises on the grounds provided for in Article 51 of the Housing Code of the Russian Federation, in the manner approved by the Government of the Russian Federation.

Now you are provided with service housing, which you will not be able to convert into permanent housing upon completion of your service, but you will need to rent it out.

Military personnel provided with official residential premises enter into a contract for the rental of official residential premises with the Ministry of Defense of the Russian Federation (another federal executive body in which military service is provided for by federal law). The said agreement defines the procedure for the provision of official residential premises, its maintenance and release.

In accordance with the Order of the Minister of Defense of the Russian Federation dated September 30, 2010 N 1280 (as amended on March 21, 2013) “On the provision of residential premises to military personnel of the Armed Forces of the Russian Federation under a social tenancy agreement and official residential premises”, in order to obtain permanent housing, you need to apply to the housing department at the place of service. What documents to provide and what the whole procedure looks like is described in great detail in the Methodological Recommendations at the link dom.mil.ru/files/morf/military/Metodichka.pdf

Since you own a share of 15 sq. m. m., this is less than the accounting norm, and taking into account the child’s disability, you should be recognized as in need of housing. No matter where you register now. But since laws change every day, it is better, of course, to give up your share in the property and make permanent registration in official housing; they have no right to refuse you.

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Privatization of service housing: how to manage an apartment?

To understand the issue, you need to start with an analysis of the legislation of the Russian Federation. The Housing Code of the Russian Federation and other legislative acts do not define the term “service residential premises”. The Housing Code of the Russian Federation classifies such objects as “premises of specialized housing stock,” and Art. 93 of the RF Housing Code describes their purpose. The document states that service residential premises are provided to citizens on the basis of labor relations with authorities at various levels, state or municipal unitary enterprises, state or municipal institutions.

Not any real estate can be a service property, but only residential buildings and individual apartments (Clause 1, Article 104 of the Housing Code of the Russian Federation). The premises are leased to the employee for the duration of the employment relationship, service or holding a government position in the Russian Federation. As soon as the employment contract ends, the employment contract ceases to be valid (clause 3 of article 104 of the Housing Code of the Russian Federation).

The tenant has the right to terminate the lease agreement for office space at any time. It is also possible to terminate the contract by agreement of the parties. At the same time, the lessor does not have the right to cancel the contract unilaterally. He can terminate the contract only in court and in cases established by law (for example, in case of violation of housing conditions by the tenant).

Thus, the employee and his family members must leave the company apartment as soon as the employment contract expires. However, the landlord is not obligated to provide the tenant with alternative housing.

However, some categories of citizens are an exception (clause 2 of article 103 of the RF Housing Code):

  • family members of the employer who died while performing his official duties;
  • old age pensioners;
  • disabled people of groups I and II who lost their health while performing work duties;
  • employees of the FSB and the Ministry of Internal Affairs.

This group of people cannot be evicted from official housing.

As for the issue of privatization of official housing, everything is spelled out clearly in the legislation. The Law “On Privatization” (N 1541-1-FZ dated 07/04/1991) states that office living space cannot be privatized. An employee of an agency or enterprise, as well as members of his family, use the property temporarily.

In this case, the service real estate belongs to the managing body on the right of ownership. In accordance with the Civil Code of the Russian Federation, the owner has the right to dispose of the property belonging to him at his own discretion.

However, the privatization of official housing is possible through its transfer from the ownership of a state enterprise to municipal ownership. When such premises are transferred to the jurisdiction of the municipality, their status changes. Apartments are being reclassified from service apartments to social ones. From this moment on, the legal regime established for residential premises provided under social tenancy agreements applies to them.

Thus, the rights of employers also change. Citizens renting apartments have the opportunity to register their ownership. The procedure is carried out on the basis of Art. 2 No. 1541-1-FZ (“On Privatization”). Persons living in such housing have the right to purchase it through privatization, which implies free transfer of the residential premises they occupy into the ownership of citizens.

So, in order to use a government-owned apartment, you need to rent housing on social rental terms and register the rights to it as part of the privatization procedure.

There are several ways to transform service hiring into social hiring.

  • Method 1. Agree on the procedure with the organization that owns the property.

In this case, the management of the enterprise independently applies to the municipality with a request to take the premises on the balance sheet of the city administration.

What is required from the employer:

  • send a request to the owner organization to exclude the residential property from the official housing stock;
  • wait for a response;
  • if the employer has no objections, he takes active action;
  • the enterprise submits a corresponding application to the municipality;
  • After a positive decision is made by the administration, privatization can begin.

An important nuance is that every citizen of the Russian Federation can exercise the right of privatization once. If it has already been used previously in relation to other objects, you can register the property in the name of children or other relatives. If the right to privatization was used up while a minor, it is returned upon reaching 18 years of age.

  • Method 2. Track the housing status yourself.

There are external reasons for the transition of an enterprise’s housing stock into municipal ownership. The tenant’s task is to monitor the status of the apartment and promptly resolve the formal issue of transferring the property from departmental status to social status.

What is registration

“Propiska” is a Soviet term that first appeared in 1925 in the resolution of the Council of People’s Commissars of the RSFSR “On the registration of citizens in urban settlements.” At that time, civil passports were actively introduced, and with the help of registration, the state controlled the migration of citizens (and could influence it). To register in a particular locality, a person needed permission from the authorities.

For many years, the reason for obtaining a residence permit could be employment or, for example, marriage with a person who already has a residence permit in this city. Therefore, by the way, in the USSR, fictitious marriages were very common, which were concluded for the sake of registration. However, the authorities might not register a citizen without explaining the reasons - in this case, he had to leave this locality within a week and register in another.

Today the legal term “propiska” does not exist; it is a relic of Soviet times. Now, when we talk about registration, we mean registration. It can be temporary or permanent.

Why is permanent registration necessary?

Despite the fact that every Russian has the right to freedom of movement and choice of place of residence, there is a registration system in the country. This is precisely why registration exists in the first place - permanent and temporary.

Registration does not give the citizen the right to living space, but, as a rule, it is necessary to receive social security. According to the law, the lack of registration cannot affect the employment of a Russian citizen, his receipt of medical care and other social services.

But in reality, its absence complicates, for example, obtaining various documents (foreign passport, pension certificate, driver’s license, etc.), applying for loans, enrolling children in kindergartens or schools, enrolling in clinics, getting a job, or receiving social benefits. support.

Without a stamp in your passport, you most likely will not be able to vote in elections or enter into contracts. Few people will decide to enter into an agreement with a person without a specific place of residence or stay, since the risks of fulfilling obligations to the second party, for example a bank, increase. Without registration, it is more difficult to register an individual entrepreneur or legal entity.

Where can I register?

Registration on a permanent basis is possible only in premises that have residential status (apartments, private houses, family dormitories). It is not possible to obtain permanent registration in the apartments, since they are classified as non-residential premises. Only temporary registration is possible at the apartments. This is one of the reasons for the constant discussions around the status of apartments.

built-in bathroom furniture photo

Neither temporary nor permanent registration is possible in houses that are designated for demolition. After the city decree on the demolition of the house is issued, registration in these buildings is terminated.

But temporary registration is possible not only in apartments and houses, but also in hotels, sanatoriums (boarding houses or holiday homes), campsites and tourist centers, medical institutions, institutions of the penal system and even in non-residential premises (for example, at the place of work).

Is it possible to register at a military unit (registration)

But military personnel are limited in this right due to the determination of their place of residence or location by the interests of the defense of the state. It is determined by the place of military service, because they perform an important state function in accordance with their status, contributing to the armed defense of the state.

The procedure for registering military personnel is regulated by the Federal Law “On the Status of Military Personnel.” The act was issued on May 27, 1998 under the number 76-FZ. Where registration is possible Generally, registration of military personnel is carried out at the location of the living quarters, which are allocated for him and his family members.

It can be either official or permanent. In some cases, a serviceman and his family members are registered at the address of a military unit without being provided with living quarters.

Permanent registration at the dacha

From January 1, 2021, it became possible to register at the dacha. The corresponding law was adopted by the State Duma in the summer of 2021. But to register at the dacha, certain conditions must be met. The house must be capital and in good condition, built in accordance with SNiPs and SanPiNAs, taking into account fire and other types of safety requirements. All communications must be carried out in it: electricity, hot and cold water, sewerage, heating, ventilation, gas (in gasified areas). In settlements without centralized utility networks, the absence of water supply and sewerage in buildings up to two floors is allowed. The house must be able to maintain a temperature of at least 18 ℃ all year round.

In addition to registration, transferring a dacha into a residential building provides a number of other advantages to the future owner. Firstly, the owner will be able to receive a property tax deduction, which is only possible when purchasing residential real estate. Secondly, he will be able to apply for a local electricity tariff, which is much lower (about 30%) than in the city. Third, a home's residential status may fetch a higher selling price.

Is it possible to live without permanent registration?

According to the law, if your place of residence changes, you must register at the new address within seven days. But situations when a person does not have permanent registration are possible. For example, if he sold his home and hasn’t bought another one yet, but he still has nowhere to register. In this case, it is advisable to register at the place of actual residence, that is, temporary registration.

There is no criminal liability for the fact that a passport does not have a permanent registration or a temporary one. But a person can stay in any locality in Russia without registration for 90 days. If the deadline expires, a fine is imposed.

According to Art. 19.15.1. Code of Administrative Offenses of the Russian Federation, for living in residential premises without registration in Moscow or St. Petersburg, the fine ranges from 3 thousand to 5 thousand rubles, in other localities - from 2 thousand to 3 thousand rubles.

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  • Temporary registration in a service apartment
  • Legal advice: Registration of a serviceman in a service apartment
  • When is a residence permit required?
  • What documents are required for registration?
  • Temporary registration in a service apartment

Temporary registration in a service apartment. The size of the living space must correspond to the sanitary standard for living in a hostel - 6 square meters. m per person. citizens arriving in the city for a period of up to one and a half months (Article 81 of the Housing Code of the Russian Federation). citizens whose living space is provided by close relatives. For the tenant Registration of state or municipal residential space is carried out for a period agreed with the landlord (housing organization), the tenant and members of his family, and cannot exceed 5 years (Articles 683, 685 of the Civil Code of the Russian Federation).

Permanent registration: risks for the owner

Registration of other persons in the apartment may pose risks for the owner. Registration gives those registered in the apartment the right to reside and use the housing, but they cannot sell the apartment. At the same time, the owner cannot independently discharge these persons from the apartment on his own initiative, if they do not want to do this voluntarily, noted Artem Korostelev, a member of the Association of Lawyers of Russia (RLA).

“Forced deregistration is carried out exclusively through judicial procedure. Therefore, it is better to set a deadline when registering, so there will definitely be fewer problems. Otherwise, in court it will be necessary to prove that the person has lost interest in using it,” the lawyer advised.

Also, a risk arises when it is necessary to sell or donate real estate, and the new owner does not want to share his square meters with those who are registered in it today, added Vadim Tkachenko, founder and CEO of the vvCube consulting group.

At the same time, the main scheme associated with permanent registration at the place of residence is mass registration of citizens or fictitious registration, the member of the ALA continued. Typically, owners register for a fee in their living space people who require formal registration in a certain city. “By registering a large number of people in one or two rooms, one owner thus creates obstacles for another, forcing him to give up his share or making life in the apartment difficult,” added Vadim Tkachenko.

The law provides for liability for such actions. For fictitious registration, the owner can be brought to administrative liability under Article 19.15.2 of the Code of Administrative Offenses of the Russian Federation or to criminal liability under Art. 322.2 of the Criminal Code of the Russian Federation.

How to register in an apartment

There are several ways to submit documents for registration at your place of residence:

· in the area where the housing is located;

· at the management company of your home, if it provides passport office services.

List of documents:

· a statement signed by you or the owner of the premises;

· document on ownership of housing: optional, but it is better to provide it;

· a document that confirms the basis for moving in if there is no ownership: lease agreement, court decision;

· consent of adult users of the premises, the landlord, and other owners;

· act on the appointment of a guardian or trustee, if any.

A document confirming deregistration at the previous place of residence is not needed. Registration at the previous address is canceled automatically when registering a new one.

Summary

  • Is it possible to register a minor child (not registration) in a service apartment.
  • Is it possible to register in a service apartment or make a temporary registration?
  • Does the landlord have the right to refuse permanent registration in a service apartment?
  • What documents do you need to collect for permanent registration in a service apartment?
  • What legal rights does permanent registration in a service apartment have?
  • Temporary registration in the apartment
  • Permanent registration in the apartment
  • Registration in your apartment
  • Registration of the owner in the apartment
  • Registration in a municipal apartment

Questions

1. Is it possible to register a minor child (not registration) in a service apartment.

1.1. Good afternoon Within the framework of the law and the logic of things, children live with their parents, in this regard, registration at the place of residence (propiska) should be carried out at the place of residence of his parents.

2. Is it possible to register in a service apartment or make a temporary registration.

2.1. Why not? Of course, it will be possible to register. But you will need the consent of the owner of the service apartment. Article 209 of the Civil Code of the Russian Federation. Good luck to you.

2.2. You can register in a service apartment at your place of residence or place of stay, but only with the permission of the apartment owner.

2.3. Depends on who


register in a service apartment or make temporary registration.
. In a service apartment, only the person for whom this housing is intended can be registered or temporarily registered. And also to members of his family.

2.4. Hello, Natalia! If the owner of the service housing agrees, then you can register. With respect and readiness to help, STANISLAV PICHUEV.

3. Does the landlord have the right to refuse permanent registration in a service apartment?

3.1. You have no right, official housing is provided for an indefinite period - appeal the refusal to register in court, you have the right to permanent residence and registration.

4. What documents need to be collected for permanent registration in a service apartment.

4.1. Good afternoon Lease agreement, owner's consent

5. What legal rights does permanent registration in a service apartment have?

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