Registration procedure
First you need to prepare a package of documents:
- An application must be completed on a special form.
- A document that can prove your identity. For a citizen of the Russian Federation, we are talking about his passport. If a foreigner applies for registration, he must have a passport from his country and a currently valid visa.
- You will also need an extract from the house register at your place of residence. It will indicate not only where he lives, but also who currently lives in this area.
- If the applicant has minor children , then he is required to provide a birth certificate for each of them.
- It is necessary to confirm ownership of the private house where you are going to register. To do this, you will need a certificate from Rosreestr. That is, you will need a certificate for the house and, if there is ownership of the plot on which it is located, then a corresponding certificate about this must also be provided. If this housing is not privately owned, but municipally owned, then an appropriate rental agreement must be provided.
- If registration is carried out in someone else’s house, then some more documents are needed. The written consent of the owner (or all owners, if there are several) is required for the registration of the applicant.
It is important to note that the list of documents that are necessary to resolve this issue does not end here. Unfortunately, in practice, you may be required to provide some other documents. For example, these:
- If you are a foreigner , you may be required to obtain a residence permit.
- It is possible that they will be interested in an income certificate or tax return.
- If you have arrears in paying utility bills , then a certificate about this may prevent you from obtaining registration if this document is required from you when accepting documents.
- They may also say that you must provide a marriage certificate.
- We can also talk about a military ID.
The fact is that you are not required to provide the documents listed in the last list when receiving registration. If they are required from you, then you can try to explain this to the official.
If you cannot solve this problem, then there is an opportunity to do this by going to court. If registration was denied without providing reasons, this can also be challenged in court.
Conditions for registration
There are several mandatory conditions:
- the housing has the appropriate legal status;
- all documents must be in order;
- there is consent from the owner if he is not the one registering.
The legal status and required documents are discussed separately, but then we will look at ways to record the owner’s consent.
Owner's consent
The most obvious way is to come with him to the place of registration so that he himself expresses his consent. This is not always possible, but in this case there are options that do not imply his direct presence during registration:
- by notarized power of attorney;
- but a notarized statement.
Often, passport office employees are afraid to register a citizen without the direct presence of the homeowner, so it is better to call in advance and clarify whether registration will be possible using one of these methods. Usually the answer is positive, but in passport offices in small towns a negative answer is also possible.
Let us note that the refusal is unlawful, but rather than dealing with the involvement of the prosecutor’s office, it is often easier to ensure that the owner is present.
When using the second option, that is, a statement certified by a notary, it is filled out by the owner and then certified by a notary. This is often practiced if the owner is sick, since a notary can be invited to the house. If the owner of the property is not able to fill out the application himself, but is of sound mind and good memory, it is allowed to fill it out for him by a signer, who also signs, after which it is certified by a notary in the presence of the owner.
Then the application is submitted to the place of registration with the remaining documents on an individual basis, and the standard registration procedure is carried out.
Property owners are sometimes afraid to register tenants, fearing that in the future there may be delays in deregistering them; some are even sure that they will acquire ownership rights and the opportunity to sell part of the house. In fact, there is no need to worry about this, since registration will not give any property rights, it is only a notification measure.
Problems with obtaining consent may arise if the registered person has minor children, and here the fears of the property owner are partly justified: the registered person can (and is even obliged) to register his own child, even without the consent of the owner.
As a result of the special legal status of the child, if the resident who needs to be discharged has children and has also registered them in the home, problems may arise with their discharge. And even if you go to court, the red tape may continue, since you will need to document that there is somewhere to register the child after he is deregistered at his current address.
Necessary documents for registering a child in a home
As you know, if parents already have registration in a given living space, they have the opportunity to register their child without asking permission from the property owners. Let's tell you how this can be done.
First let's note some important points.
- You can register not only with your parents, but also with your guardian or adoptive parent.
- This child has the same rights as other persons registered there.
- If parents live separately, then the registration of one of them must be agreed upon with the other.
- It is not allowed to register other people's minor children with you.
- If the child is less than one year old, the mother has the right to register him with her without the consent of the father.
List of documents if a mother registers her child under one year of age:
- An application from parents or guardians for the child's registration is required.
- Birth certificate.
- Mother's passport.
Now let’s look at registering a minor child in the general case:
- Application for registration on a special form.
- Child's birth certificate.
- Consent of the other parent to registration if he lives separately.
- Marriage or divorce certificate.
- A certificate from the personal account and an extract from the parents’ house register.
The procedure is free of charge. When accepting documents, the applicant is given a receipt for their acceptance.
Opportunities that registration provides
After registration, a citizen receives the right to reside, but in order to take actions such as leasing or mortgaging, selling, registering other persons (with the exception of his minor children), he will need to own at least a share in real estate. Registration in itself does not ensure such rights, even if a relative of the owner is registered.
But it gives the right to service in medical institutions of the locality, to enroll children in school or kindergarten, to use the services of other government services - all this does not affect whether the registration is permanent or temporary.
Necessary documents for registration in an unfinished house
Various situations are possible in life:
- For example, a plot of land has just been purchased on which a private house will be built.
- Or construction has just begun and there is only the foundation.
- It happens that the house has not yet been completed, but communications have already been connected to it and it is already possible to live.
- Or, say, the house is completely built, but the acceptance certificate has not yet been signed.
Is it necessary to register in such unfinished housing? And if necessary, how does the legislation relate to this?
Nuances and features
It is known that timely registration greatly simplifies life, and failure to do so may result in fines. Therefore, registering in an unfinished and incompletely decorated house is sometimes a reasonable step. So in what cases does the law allow registration in an unfinished house?
To register, the following three conditions must be met simultaneously:
- This house is really suitable for living in.
- All basic structural elements have already been built (we are talking about walls, floor and ceiling).
- All communications necessary for living are already connected (plumbing, heating, electricity and others).
A state commission is formed to verify their compliance. If everything is in order, the resident is issued an act of putting the private house into operation. After this, registration is carried out in the usual way.
House for individual housing construction: concept and legal status
Individual housing construction is a certain category of land plots, which deciphers its possible intended use. These lands are located within populated areas.
An individual housing construction house is a property that is built on a site for individual housing construction. Individual housing construction land is issued for the purpose of building a country house there. This house can have up to three floors and is intended for one family. If the property is not put into operation within 3 years, the owner will face penalties.
The status of the individual housing construction house is residential. This means that this building is suitable for year-round living. To do this, it has all the necessary communications.
Documents for registration in part of the house
Sometimes it is possible to register not in a house, but only in part of it. There may be reasons for this. For example, in this family a child grew up, became an adult and created his own family. In certain cases, you can make it so that he lives in this house and actually has his own separate living space. Another option may be that the ownership of the house is shared, and one of the owners wants to register in a separate housing.
This is possible, but only in certain cases. If part of the housing has a separate entrance and load-bearing walls, then such registration is possible.
Required documents and procedure for temporary registration
Sometimes permanent registration is not required, but only temporary registration is sufficient. In this case, it is concluded for a specific period.
During the period in question, it is impossible to evict such a person without going to court:
- To obtain a temporary residence permit, there is no need to renounce your permanent registration.
- It needs to be done only when you intend to live in a new place for at least 90 days.
In this case, you must provide the following documents:
- Passports of the owners of the private house and the applicant.
- You will need a house register and an arrival address sheet.
- The written consent of all residents of this private house is required.
- A statement signed by the owner (or all owners) of this property is also required.
Cost and term of the issue
Registration for Russian citizens is carried out without paying a fee . If you are liable for military service, then register with the military registration and enlistment office.
For permanent registration, you must submit documents within 7 days , for temporary registration - no later than 90 days . When receiving an invitation by mail, you must appear at the Federal Migration Service within three days.
Time for registration by the Federal Migration Service: up to 3 days ; if necessary, provide additional information – up to 8 days .
Is it possible to register in a country house?
In some cases this is permitted by law. To do this, several conditions must be met:
- The house must be suitable for living. That is, we are talking not only about walls, floors and ceilings, but also about communications necessary for life. This includes electricity, water, and heating, all that is needed for living. In addition, the house must keep warm during the cold season. It is believed that the temperature should not fall below 18 degrees. It should also be emphasized that the house must be suitable for long-term living in it.
- The procedure for acquiring property or leasing must provide permission for certain types of land use. For this purpose, statements about gardening, horticulture or similar are quite suitable.
- The house must be located within the boundaries of a populated area.
Algorithm of actions
- First you need to make sure that the cottage meets the necessary requirements. To do this, you need to put your existing documents in order.
- Next, you need to assign an address to your home. The resolution of this issue takes about a month. To do this, documents on ownership of the plot and the house and a corresponding application are submitted to the local municipal authorities.
- After this, you can start preparing a cadastral passport.
Required documents
First you will need the following documents:
- Owner's passport.
- Application for assignment of the status of a residential property.
- Technical plan of the house and, if necessary, a redevelopment project.
- Documents on ownership of the house and land.
If the commission recognizes the house as suitable for living, you can directly submit documents for registration, which is then carried out in the standard manner, which was described earlier in this article.
Rules for submitting papers
Originals or copies?
If you carefully read the specified Government Resolution No. 713, then from paragraph 16 it is clear that it is required to submit an “identity document” and a document that is the basis for moving into a residential premises, and not copies of these documents. Therefore, the passport and certificate of ownership must be submitted in the original.
The employee receiving the documents can himself, after reviewing the submitted documents, make copies of them and attach them to the application, and return the originals. In any case, the passport will remain with the migration service employees, because it will be stamped with a permanent registration stamp. In return, a temporary certificate is issued. They will also issue a receipt for receipt of documents.
Full-time or part-time?
It is possible to submit documents for registration in absentia . For example, electronically through the State Services portal, but the passport is presented in person and in the original - it contains a note about registration at the place of residence.
In addition, the passport office and the MFC are intermediaries in the submission of documents and applying for registration through them can also be considered as an absentee form. The applicant does not contact the registrar directly.
Only an application to the migration service cannot be considered anything other than a full-time form of submitting documents for registration.
More and more people are acquiring country houses with all modern communications. But the process of registration at a dacha (in SNT or ONT) is not an easy procedure. Our experts have prepared a series of materials on how to properly register in such cases, and also find out whether it is possible to register in an unfinished private house.
Legal advice
- If you want to register in a private house and there is more than one owner, then you need to get the consent of all of them. Registration is impossible if at least one of them is against it. This rule has two exceptions: If there are several owners of the apartment, but your property contains a separate part of the home, which has its own boundaries and a separate entrance, you have the right to register without obtaining permission from other owners.
- You have the right to do without their consent even if you register your minor child with you. If we are talking about your other relatives (husband, wife, brother, sister and others), then the usual registration procedure applies for them.
How to register at a dacha and is it worth getting involved in? Step-by-step instructions "KP"
We tell you how to register at your dacha.
Photo: Yulia PYKHALOVA
Since 2021, the authorities have allowed registration of permanent residence (popularly still called registration) in houses on garden plots. Before this, it was possible to obtain a residence permit only in a house on a plot for individual housing construction or personal subsidiary plots. At the dacha, registration was theoretically allowed, but only through the courts.
The changes came in handy - after the pandemic, there were more people wanting to leave the city.
But are they easy to use and how? We have prepared detailed instructions for you.
CAN YOU REGISTER AT ANY DACHA?
No. The house must:
- be on a garden plot (there are also plots for gardening - you cannot build housing there and you cannot register),
- be registered as residential in the Unified State Register of Real Estate and have an address.
There may be options here.
— You registered ownership after January 1, 2021 (when the construction of residential buildings was officially allowed on garden plots) and registered the house as a residential one. No questions, you can register.
— Ownership was registered before January 1, 2021, as for a “residential building.” From 2021, your “residential building” is automatically considered a residential building, you can go register.
— Registered before January 1, 2021, the purpose of the house is indicated as “non-residential” (this did not necessarily mean a barn; houses for seasonal residence were also registered this way). According to the new legislative norms, your dacha has become a “garden house”. You cannot register there.
But if your supposedly summer house is actually quite substantial, it can be converted into a residential one - the law allows this if a number of conditions are met. A similar story - if you already in 2019-2020 decorated the house not as a residential one, but as a garden one.
— The house is not decorated at all. Then first you need to do this. If the parameters of the dacha allow it to be registered as a residential building, then it will be possible to register there.
You cannot build a house on garden plots.
Photo: Maria LENZ
I HAVE A GOOD HOME. IS HE RECOGNIZED AS RESIDENT?
You will need to order a technical examination to determine whether your home is suitable for permanent residence.
The basic requirements are:
- the house has all utilities - water supply, sewerage, electricity, heating;
— the heating system allows you to live in winter (maintain a temperature of at least 18 degrees in cold weather);
— reliable load-bearing structures and roofing;
- capital foundation.
In addition, the house must fit into current urban planning standards for individual residential buildings. That is, have a height of no more than three floors (unless there are any additional local restrictions) and not be divided into apartments.
You can order a technical examination from any organization or individual entrepreneur that deals with engineering inspection of real estate. The main condition is that this office is a member of a self-regulatory organization for engineering surveys.
WHAT ELSE WILL YOU NEED?
If before this the house was registered as a garden house, you need one more document - a decision of the local government body of the municipality in whose territory your site is located (in simple terms, the district authorities) to transfer the house into a residential one.
Here are instructions from the Federal Cadastral Chamber on how to do this.
1.Collecting documents:
- an application for recognition of a garden house as residential (you draw it up yourself),
— an extract from the Unified State Register of Real Estate on the main characteristics and registered rights to the property (can be ordered online through the portal rosreestr.ru),
— conclusion about the technical condition of the object (we talked about it above),
- notarized consent of everyone who, except the applicant, has rights to the house, to convert it into residential.
2. We take all this to the multifunctional center or, if there is no MFC in the area, to the municipality itself.
3. We are waiting for a decision. Here you need to be patient, because the process of making a decision on recognizing a garden house as residential or refusing it takes up to 45 calendar days.
4. Changes must be made to the Unified State Register. The municipality will send its decision on your house there. But there is also an alternative option: you have the right to contact Rosreestr yourself if the municipality for some reason has not fulfilled its obligations.
Before registering at your dacha, weigh the pros and cons
Photo: Yulia PYKHALOVA
THE HOUSE IS RESIDENTIAL ACCORDING TO THE DOCUMENTS. HOW TO APPLY FOR REGISTRATION?
“The process is no different from registering a place of residence in an apartment,” explains housing and land lawyer Svetlana Zhmurko.
You need to contact the MFC or directly to the registration authority at the Ministry of Internal Affairs (if there is no MFC). You will need:
- application for registration at the place of residence,
- passport,
— documents that are the basis for moving into a residential premises (extract from the Unified State Register of Real Estate).
CAN I REGISTER IN THE COUNTRY, BUT KEEP REGISTRATION IN THE CITY?
You can not do it this way.
“For example, if a person registers in a residential building in the Moscow region, then he loses registration in Moscow and all the benefits associated with this circumstance,” explains Svetlana Zhmurko.
Here you need to understand that the level of medicine and social services at the place of “dacha registration” will most likely be significantly lower than in the city.
But if it is vitally important for you, say, to be attached to a district clinic where your SNT is located, you can register at your dacha not with permanent, but temporary registration (at your place of stay). And leave the permanent registration in the apartment.
The registration process in this case is no different - only temporary registration is given for a certain period (you indicate it in the application, maximum five years).
At the same time, it is important to understand: even if you are discharged from a city apartment for permanent summer residence, you will remain the owner of the apartment. You can own as much real estate as you like - there are no restrictions. At the same time, registering in a dacha does not exempt you from property taxes on the apartment. And also - from a number of housing and utility payments that are paid by the owner, even if no one is registered or living in the apartment (for example, general house services, fees for the maintenance and repair of housing, major repairs, etc.)
WHO MAY NEED THIS AND WHY?
The most typical situation is when people do not have any home of their own, but have a good dacha. But at least you need to be registered somewhere. At the same time, many of our dachas are superior in terms of amenities to village houses, where registration was allowed without any restrictions. And gardening associations are often adjacent to villages - and summer residents still use the same roads, buses and shops.
HELP "KP"
How long will it take to transform a garden house into a residential one where you can register?
1. Preparation of a technical report 2-3 weeks
2. Collecting documents As soon as you have time
3. Consideration of the application by the local government body up to 45 days
4. Entering information into the Unified State Register up to 15 days
Total : on average about 2-3 months
(Data from the Federal Cadastral Chamber)