General registration rules
According to the law, every person must, no later than a week after moving to a new place of residence, contact the appropriate authority and apply for registration.
The registration process itself depends entirely on how the property was purchased. If the apartment was purchased from its owner, then after completing the required registration of the transaction, you can immediately begin registration. To register, you must first check out from your previous place and receive a departure slip, and then take the following documents to the Federal Migration Service or multifunctional center:
- Application (form No. 6);
- identification;
- title document for housing;
- receipt of departure slip.
The registration process usually takes no more than three days, after which you can come and receive a document with a stamp on your new registration.
Today it is possible to submit documents directly from home through the State Services website. To do this, you need to send electronic copies of documents, and then come to the FMS to receive registration at the appointed time. This method can be used by citizens who have registered on the portal, which is quite simple.
What is registration and why is it needed?
In modern legislation there is no concept of “registration” in the sense that took place in Soviet times. However, the word itself is still used at the everyday level. Today, by registration (permanent or temporary) people understand registration at the place of residence or place of stay. The law clearly distinguishes between these two concepts, since they have different meanings. The procedures for obtaining permanent and temporary registration also differ.
Registration at the place of residence (permanent) should be understood as the registration of a citizen in a residential building, which serves as his permanent home or the place in which he is primarily located. Such registration is done indefinitely, and a stamp about it is placed directly in the passport on the corresponding page.
The place of stay of a citizen is considered to be the premises in which he plans to stay temporarily. This can be not only housing, but also a hotel, hospital, correctional facility or orphanage. In this case, registration is issued for a certain period, but not more than 5 years. If necessary, it can be extended. Such temporary registration is confirmed by a certificate of the established form, printed on half an A4 sheet.
The registration procedure is necessary for people to exercise their rights to various services: educational, medical, banking, as well as to ensure control over the fulfillment of duties to the state, organizations and other citizens. Without registration today, it is difficult to get a decent job, take out a loan, enroll a child in school or kindergarten, not to mention receive any payments or benefits from the state.
Basic registration rules:
- Everyone must have permanent or temporary registration. Her absence for more than 7 days entails administrative liability with a fine of up to 2.5 thousand rubles.
- If you have a permanent registration, in some cases you may not need a temporary one. If you arrived for a period of less than 90 days or are in the same region where you are permanently registered.
- The functions of the registration authority are performed by the migration departments of the Ministry of Internal Affairs of the Russian Federation. You can contact them directly, at the MFC or through the State Services website.
- Only the owner or tenant of the property has the right to register. To register in a new building yourself, to register children, family members or other persons, you must first register ownership of the apartment.
Registration at the place of residence or place of stay is a mandatory and necessary procedure. Only the owner can register it, both for himself and for other persons in the migration divisions of the Ministry of Internal Affairs.
Features of registration of shareholders
Shareholders who have already received housing and registered it with Rosreestr can register according to the rules described above. However, in shared-equity construction it is rare that everything happens quickly, simply and smoothly, and when they will be able to move into their apartment remains unknown to many participants. The developer, as a rule, violates the construction deadlines established in the DDU; most citizens live in rented apartments while waiting for their housing. In this regard, the question arises: is it possible to register in an apartment under an equity participation agreement before renting out the house?
According to the general rules, you can register only after the house has been commissioned and accepted by the state commission, and the participant in the shared project has received ownership of their home. Typically, several months pass between these procedures, but this is the best case scenario. The wait often drags on for years, and equity holders are unable to register for their living space during this time.
Deadlines
A passport with the appropriate registration mark will be issued three days after all documents have been submitted. As practice shows, extensions of deadlines are extremely rare and only when all the papers for some reason need to be carefully checked.
Registration is an important document that it is advisable to obtain as soon as possible, since without it it will be difficult to register a child in kindergarten or school, get a loan, find a good job, etc. However, in any case, it is best to do everything officially, and not bypass the current legislation of the Russian Federation.
Our cases
- Inclusion in the register of transfer of housing
How we overcame the bankruptcy trustee and entered the register Read more - Recovered: RUB 2,260,000.
How we squeezed 2,260,000 rubles out of crooked window profiles from the developer LSR Object-M Read more
- Recovered: RUB 1,634,800.
We collected 1.6 million rubles (206%) for deficiencies in the decoration of the apartment according to the DDU from FSK Leader More details
- Investment is not recommended
How we saved the client RUB 14,665,500. investment Read more
- Recovered: RUB 898,735.
The developer "Lotan" paid the shareholder 274% of the market cost of eliminating the defects Read more
- Recovered: RUB 2,415,243.
How a shareholder received 2.4 million rubles. from “StartSK” on the agreement to terminate the DDU Read more
- Recovered: RUB 1,180,500.
The court recovered 537% of the cost of eliminating deficiencies from PIK-Region More details
- Recovered: RUB 21,394,502.
How to get 21 million rubles. upon termination of a contract for an object worth 9 million. Read more
- Recovered: RUB 14,500,000.
As a developer, Mayak paid 14.5 million rubles. for the war he started Read more
- Investment is not recommended
How an analysis of a counterparty helped save RUB 3,385,679. More details
- Recovered: RUB 641,094.
We collected more than 215% of the cost of eliminating defects from the Lotan developer More details
- Recovered: RUB 2,200,000.
Collection of 2,200,000 rubles from BM-Stroy for poor quality repairs in an apartment Read more
All cases
The house is being put into operation. What's next?
You participate in shared construction, and the house is about to be put into operation. However, before moving into a new apartment, a number of procedures still need to be completed. If you know what the developer needs to do and what you need to do, you can quickly celebrate the housewarming.
Registering the apartment and the right to it
After putting the house into operation, within twenty-five calendar days, the developer is obliged to provide you with a final calculation of the cost of the apartment. When you have paid the cost in full, contact the developer for documents for state registration of the right to the apartment. He must transfer all the necessary documents to you within two days from the date of application <1>.
Within three months after receiving the documents, you are required to register the creation of the apartment and the right to it <2>. To do this, you need to contact the local bureau of the agency for state registration and land cadastre.
To register the creation of an apartment, you will need the following documents <3>:
- statement. It is usually compiled by the registrar when accepting documents;
— passport or other identification document;
— a document confirming payment of the registration fee;
On a note!
The fee for registering the creation of an apartment is 0.5 basic units.
— technical passport for the apartment <4>. If it is not provided, the registrar independently requests it <5>. You will have to pay for the production of a registration certificate.
To register ownership of an apartment you need to provide <6>:
- statement. As a rule, it is compiled by the registrar himself when accepting documents;
— passport or other identification document;
— a document confirming payment of the registration fee.
On a note!
The fee for registering ownership of an apartment is 0.5 basic units.
However, to carry out this procedure you will also need <7>:
— a certificate from the developer confirming that the construction of the apartment was carried out at your expense;
- information from OJSC Savings Bank Belarusbank about the concessional loan provided for construction, indicating the number and date of conclusion of the loan agreement, the amount of debt under the loan agreement at the time of issuance of the certificate and the loan repayment period - if the apartment was built using a concessional loan;
— information from OJSC Savings Bank Belarusbank on early repayment of a preferential loan, indicating the number and date of conclusion of the loan agreement, the date of early repayment of the loan - in case of early repayment of a preferential loan after May 31, 2012.
If you do not provide these documents, the registrar will independently request them.
Documents for registering the creation of an apartment and ownership of it can be submitted simultaneously.
Note!
After registering an apartment, you become its owner, but, as a rule, you cannot move in yet.
We accept an apartment
The transfer of the apartment to you for possession and use occurs after you register the ownership of it <8>.
Note!
The apartment can be transferred to you even before registering ownership of it. However, not before paying its cost. In this case, the right to an apartment is formalized by a lease, lease, gratuitous use agreement or other agreement that provides for the transfer of ownership and use of the apartment to you, and also determines its quality characteristics <9>.
If you have paid for the apartment in full, the developer transfers it to you regardless of the presence of shareholders in debt.
The developer is obliged to deliver an apartment whose quality complies with the terms of the contract, technical regulations, design and other documentation and other mandatory requirements. The apartment, as well as the keys and documents for the installed equipment, are transferred according to the transfer and acceptance certificate (hereinafter referred to as the certificate) <10>.
Before signing the deed, we recommend that you carefully inspect the apartment.
On a note
You can involve third parties in accepting the apartment. In particular, take a qualified specialist with you.
All shortcomings and inconsistencies in quality that you discover during the acceptance of the apartment must be reflected in the annex to the act. The act also indicates the period within which the developer undertakes to eliminate the listed comments <11>. The act is drawn up in two copies: one remains with the developer’s representative, the other with you. There are two signatures on the documents: yours and the developer’s.
Note!
As a rule, you will be able to move into the apartment only after signing the deed.
If the shortcomings are significant
In addition to simple deficiencies, when accepting an apartment, significant violations of its quality may be discovered. These are violations that lead to a deterioration in the quality of the apartment so much that it cannot be used in accordance with its purpose <12>. For example, ventilation does not work, pipes are clogged with debris and cement mortar.
If the apartment was built with a significant violation of quality, you, at your choice, have the right to demand from the developer <13>:
- eliminate deficiencies free of charge within a reasonable time. This period cannot be more than three months, and for single-apartment residential buildings - six months, provided that the developer has the ability to carry out the work in accordance with technical regulations;
Note! The period for eliminating deficiencies begins to count from the date the parties sign the list of comments to the apartment acceptance certificate.
— reimburse your expenses for eliminating deficiencies, including if the developer did not eliminate them within the agreed time frame;
- terminate the contract and return the money.
If you decide not to sign the deed due to shortcomings of the apartment, then make a corresponding mark on it. For example, “I refuse to sign the acceptance certificate due to the presence of violations in the quality of work in the apartment.” In the appendix to the act, indicate the shortcomings.
Additionally, we recommend writing an official letter to the developer. In it, indicate that the act was not signed due to the presence of shortcomings, list them and state your requirements.
Note!
You have the right to demand that the developer eliminate free of charge any defects in the work that appeared during the warranty period <14>.
If the developer refuses to eliminate the shortcomings, you can go to court to protect your rights.
Is it possible to solve the problem?
If the house is built and accepted by the commission, but it is impossible to properly register the apartment and, accordingly, register in it, the shareholder can arrange temporary registration under a share participation agreement. A temporarily registered shareholder can receive medical care at a nearby clinic, get a job, enroll children in nearby educational institutions, and so on.
To do this, you need to obtain permission from the developer to live in the constructed apartment, and also collect a number of other documents:
- statement;
- DDU agreement;
- document on the commissioning of the building;
- permission obtained from the construction company.
Temporary registration is issued in the same way as permanent registration, about three days.
If housing is purchased with a mortgage
The situation is even more complicated with registration in an apartment purchased with a mortgage, including using the mechanism of equity financing for construction.
A mortgage is the purchase of housing using borrowed funds, in which the collateral is the purchased living space. If the borrower fails to fulfill his obligations under the loan agreement, he may lose ownership of the apartment, which will be sold to cover the bank's losses.
Russian legislation inherited many features from the USSR, in particular, it protects the rights of citizens to housing. It is extremely difficult to discharge an adult citizen without providing him with other housing, and it is almost impossible for a child. A citizen registered in an apartment has the right to live in it, and accordingly, the bank cannot sell such real estate. It turns out that the rights of the creditor are infringed.
Note!
Registration in an apartment purchased with a mortgage is possible only with the permission of the bank that issued the loan for its purchase. All nuances in this case are taken into account in the loan agreement itself.
Typically, a financial institution allows the borrower to register, but does not allow any other persons to register in the housing. Theoretically, it can be assumed that the bank will agree to register the client’s spouse if the loan is taken for two. Registration of children or other persons will not be possible. Before the funds are disbursed, you will have to resolve issues with registering your family members in other ways. You can appeal the bank's decision in court, but they will primarily rely on the terms of the loan agreement.
You can get an initial consultation on issues of registration and protection of your rights violated by the developer online from experienced lawyers on our website.
It is advisable to contact a lawyer at the stage of concluding the DDU. In this case, the lawyer will carefully study the provisions of the document, check them for compliance with the requirements of the law, for compliance with your interests, and supplement the draft agreement with the necessary clauses. In the case of obtaining a residence permit, a specialist will tell you where to go, what documents are needed, and, if necessary, carry out all actions for you by proxy.
Procedure for registration with ownership rights
The steps required for registration in a new building are specified in Government Decree No. 713 of 1995. To register as an apartment owner you need:
- Receive a house commissioning certificate from the developer.
- Submit an application to Rosreestr to register ownership of the apartment.
- Prepare documents.
- Submit them to the department of the Ministry of Internal Affairs at the location of the new building. You can submit documents in person, through the MFC or through the State Services portal.
As a result of consideration of the application and documents, a registration stamp will be placed in the passport.
Additional documents
The documents that are necessary specifically for housing in new buildings are the transfer deed and the registration certificate of the apartment. The entire list of documents can be clarified in Law No. 5242-1.
When can I register in a new building?
Since Article 6 of Federal Law No. 5242-1 among the documents required for registration specifies a certificate of ownership of the apartment, you can register only after receiving it. This certificate is issued only after the new building is accepted by the State Commission and officially put into operation.
You also need to take into account the criteria for residential premises (specified in Article 15 of the Housing Code of the Russian Federation), since you can only register in objects that meet these criteria:
- Real estate.
- Isolation from others.
- Suitability for habitation.
- Compliance with sanitary and technical standards.
Thus, registration in a new building can begin after the technical supervision authorities issue an acceptance certificate for the house.
