Find out on our website how temporary registration differs from permanent registration, whether it is possible to register temporarily without permanent registration, and what the consequences are for late registration at your place of stay.
The essence of the process
What is temporary registration in an apartment? Registration at the place of residence is the procedure for registering at the address where a person lives for a certain period.
If you come to work or study in another locality and stay there for more than three months , you must inform the FMS authorities about this.
Failure to register temporarily is considered an administrative violation and is subject to a fine .
Moreover, penalties threaten not only a person who does not live at his place of permanent registration for more than 90 days, but also the owner of the premises in which he lives.
Temporary registration is valid simultaneously with permanent registration . In this case, the stamp in the passport remains with the permanent residence address, and an additional certificate insert is issued with the residential address written on it.
Such registration in an apartment is issued for a certain period - from 6 months to 5 years and is canceled automatically after this period.
It gives a person the right to live at a given address for the period specified in the insert.
You can register in any premises intended for residence :
- apartment (own, municipal, service);
- private house;
- hostel;
- hotel;
- boarding house, shelter;
- sanatoriums, hospitals.
If the period of residence in a given territory is less than three months, it is not necessary to register your presence in it. To protect yourself from law enforcement agencies, you can present a travel document, sanatorium card, etc.
Find out from our articles about how to fill out an application for temporary registration, how to obtain a certificate of registration at the place of residence, and also how to extend the period of temporary registration.
Disadvantages of living in Moscow
But in addition to all the seemingly obvious advantages of such registration, you need to understand that life in Moscow itself is expensive, and therefore there are some disadvantages:
- high cost of compulsory motor liability insurance, here it is the highest in all of Russia;
- expensive property taxes;
- constant queues in government offices;
- traffic jams;
- crush in the subway (but most people get used to it).
Life in the area
Of course, regional registration is also appreciated. Although life here is freer, the cost of housing is noticeably lower, but social benefits, allowances and other purely Moscow delights are not provided for the region. But there are still a number of benefits and amenities. For example:
- upon the birth of a child or several – payments;
- for people up to retirement age the opportunity to find a job in Moscow without problems (state and law enforcement agencies);
- get a foreign passport faster;
- the opportunity to take part in voting;
- organize your own business;
- loans and mortgages will be approved.
Why is it needed?
Temporary registration in an apartment is necessary for the exercise of social rights and interaction with government agencies.
A citizen can perform the following actions:
- receive medical care;
- register the child in an educational institution;
- apply for a job;
- take a loan;
- apply for benefits.
Using the certificate, you can also register the purchased car. Registration of a car will also be temporary, for the duration of the document.
Find out on our website also how to temporarily register a child, including a newborn.
Procedure
Is it possible to register a person temporarily? You can register an apartment only with the consent of its owner . At his own request, he can register any person in the living space: both a relative and a complete stranger.
This may also be a citizen renting an apartment under a rental agreement. The number of persons registered in their own real estate is not limited. How to temporarily register a person in a privatized apartment?
To register, you only need the consent of the owner or all owners if the apartment is divided into shares . The consent of other persons registered in the living space is not required.
The owner may not be present when submitting documents, having issued a notarized consent or power of attorney to any person.
Sale of housing with temporary registration
The legislation does not prohibit the owner of a living space from selling his property if there are temporarily registered tenants in it. For this transaction he does not require the consent of such residents. But the buyer is unlikely to like the fact that someone else lives in the property being purchased.
Although there are problems with selling, there is a way to close the deal. There are many agencies in the real estate market that help sell distressed apartments.
But the owner of the property will have to pay the intermediary up to half the sale price, which is not very pleasant.
Temporary registration of owner
Situations often arise that require temporary registration in your own apartment if you have permanent registration at another address.
You can also temporarily register in an apartment when it is sold .
In this case, the person is checked out of the apartment to complete the transaction and at the same time receives a certificate of temporary registration.
You can register temporarily in your own apartment at any time and for any period. To do this, you need to write an application and provide a Certificate of Ownership.
What does it threaten the owner financially?
One of the serious disadvantages of an extra registered person is the increase in utility bills:
If there are meters
If you have meters for water, gas, electricity, then the amount will increase in proportion to the volume of resources consumed.
Example: The Solomin family - husband, wife and their child consumed 8 cubic meters of cold water and 5 cubic meters of hot water per month. According to tariffs for the Western Administrative District of Moscow, they paid:
- for hot water - 151.36 rubles/cub.m. x 5 cubic meters = 756.8 r;
- for cold - 30.87 rubles/cub.m. x 8 cubic meters = 246.96 rub.
After Solomina A.A. I temporarily registered my friend Ivanenko G.V., water consumption along with the amount of payments increased:
- for hot water – 151.36 rubles/cub.m. x 6 rubles = 908.16 rubles;
- for cold – 30.87 rubles/cub.m. x 10 cubic meters = 308.7 rub.
If there are no meters
Then the payment is calculated according to the number of registered people in the apartment, which is even more expensive.
Example: General standards for water consumption per person are set in the following sizes: cold - 6 cubic meters, hot - 3 cubic meters per month. This means that after obtaining a temporary registration for G.V. Ivanenko, the Solomin family will pay for 4 people, and not for 3, that is, 6 cubic meters more for cold water and 3 more for hot water.
To prevent such consequences for the apartment owner from turning into a big minus, it would be rational to initially discuss this point with the temporary tenant. Typically, the tenant and the owner enter into a rental agreement, which stipulates the procedure for paying for utilities. If you do this, then such registration should in no way affect your finances.
Where to apply?
How to temporarily register a person in your apartment? The registration of documents is carried out by the Federal Migration Service . It is the employees of the territorial organizations of this state structure who issue the passport insert, which is evidence of temporary registration. What needs to be done?
You can submit documents directly to the FMS office, as well as through the State Services portal, MFC or by mail.
Required documents:
- passport;
- application of the registrant (Form 1);
- statement of consent of the owner (or all owners);
- a notarized apartment rental agreement (if it exists, the presence of the owner is not necessary);
- arrival slip;
- proof of ownership;
- home Book.
When submitting documents through the MFC, State Services or mail, copies of these documents . After checking the documents at the FMS office, you will be able to receive an insert for your passport.
For temporary registration, you do not need to cancel your permanent one. Depending on the method of submitting documents, it takes from 3 to 7 days . There is no state duty charged to citizens of the Russian Federation.
How to make a temporary registration?
To obtain temporary registration, you must obtain the most important thing - the consent of the owner, if we are talking about privatized housing. The registration procedure for municipal housing is somewhat different. Let's consider all possible options:
- Temporary registration in a municipal apartment is possible only for a period of up to 6 months. (Article 80.2 of the Housing Code of the Russian Federation). After this you will need to register again. Consent is given not by the responsible tenant, but by the landlord, provided there is sufficient living space for all residents and registrants. The norm, according to the Housing Code of the Russian Federation, is 12 sq.m., but constituent entities may have their own coefficients. No one's consent is required to register a minor who is traveling with his or her parent or other legal representative.
- In a privatized apartment, a temporary new tenant can be registered only with the general consent of all persons registered in the given living space, in addition to the owner. If the living space belongs to several persons by the right of common or shared ownership, then all of them are required to be present in person at the FMS when registering a new tenant and confirm their consent. The number of square meters per tenant in this case does not play any role.
- Registration in a mortgaged apartment has its own characteristics, since until the mortgage loan is repaid, the apartment is under encumbrance (pledged by the bank). Here, judicial practice shows that one should start from the terms of the mortgage agreement. If the contract directly states that the borrower does not have the right to register anyone in the apartment, then this rule must be strictly observed. If there is no such condition in the text of the agreement, then the borrower will be able to notify the bank of his intention and carry out temporary registration of the tenant.
- Registration in an institution (sanatorium, hospital, hotel, etc.) occurs with the direct participation of the head of this institution or a person authorized by him. The citizen himself presents only his passport, and all other actions for temporary registration are carried out by an employee of the institution at the FMS. If you stay in an institution for less than 90 days, temporary registration is not carried out.
With these restrictions, the registration procedure as a whole looks simple : you need to go to the Federal Migration Service and submit documents in the presence of the home owner, and then receive a certificate of temporary registration, which must be included in your passport and presented upon request.
Risks and consequences
What are the consequences of temporary registration for the owner of an apartment? After its registration, the following unpleasant moments may arise for the owner of the living space:
- Increase in payment amounts for housing and communal services. If payment is made not according to meters, but according to the number of residents, you will need to pay for everyone registered (more details in our article).
- Problems with tax authorities.
- Registration in the apartment of minor citizens. If a child is born to a temporarily registered person, he will be registered at the same address, and without the consent of the owner. It will be possible to discharge a child only by court, and even then only if the parents have their own housing.
- Financial difficulties. All fines, summonses, and notices from credit institutions will be sent to the temporary registration address.
How can an owner avoid problems? In any case, the law will always be on the side of the owner, and temporary registration can be canceled at any time . Therefore, rumors about the dangers of this procedure are somewhat exaggerated.
Even with temporary registration, an unwanted tenant is evicted at the request of the owner of the living space. To avoid possible problems, it is better to issue it for a short period of time and extend it if necessary.
To protect yourself from the registration of minor citizens in your apartment, before registration, check for a permanent registration stamp. If it is not there, it is better not to register such a tenant in your apartment.
Rights and obligations of the owner
The owner of the living space who has agreed to the specified temporary measure in relation to the visitor has certain rights. The obligations stipulate that such a person must:
- submit an application to the migration service about your intention to temporarily register a non-resident;
- provide the person who has received temporary registration with living space and eliminate obstacles in living;
- compensate for damages associated with third parties;
- pay for the services of utility organizations.
According to the provisions of the Civil and Housing Codes, a temporary resident who has temporarily registered a visitor has secured rights, which allows him to:
- retain ownership of the property;
- use the apartment as you wish;
- fully dispose of the premises, which includes its sale or lease to other persons;
- give an apartment to someone.
However, we should not forget that this situation imposes some time restrictions on the property owner.
Termination
Temporary registration ends after the expiration of the period for which it was issued. There is no need to perform any additional actions. Simply put, the insert becomes invalid as soon as the date indicated in it as the registration period has passed.
In addition, the owner can contact the Federal Migration Service with a request to terminate the registration earlier than the specified period .
Since a temporarily registered person does not have any rights to housing, only the owner decides whether he will be registered or not.
You can lose your registration the very next day after registration if the owner of the property suddenly changes his mind. In this case, no evidence or justification is required from him .
If a person registered in a certain territory no longer needs this registration, he can write an application to the FMS office with a request to cancel it ahead of schedule.
But you don’t have to do this; you can simply move out of this address and not use the insert anymore .
Registration of a foreigner - how dangerous is it?
The migration policy of the Russian Federation provides that foreign citizens must register with the appropriate structure no later than seven days after arriving in the territory of our country.
Registration of a foreigner is carried out by the inviting party. You must contact the territorial migration service with the following documents for registration:
- an application filled out on the prescribed form;
- photocopy of passport;
- migration card with a mark of the date when the foreign national crossed the border.
However, contrary to the popular belief that providing a temporary residence permit to a foreign tourist threatens the homeowner with undesirable consequences, this is not the case. The owner of the apartment does not need to think that in this case he is exposed to greater danger than when he receives citizens of the Russian Federation - there is a risk of renewal of registration only if a foreign citizen registers with a child, but this situation is no different from the case with a citizen of the Russian Federation.
According to the noted article of the Administrative Code, the owner of the property faces penalties if he does not promptly report the residence of an unregistered foreigner (up to four thousand rubles) or provides false information if, contrary to the information provided, it turns out that the visitor, in fact, lives in another place (up to five thousand rubles).
Re-registration at the initiative of the owner
Is it possible for the owner to re-register someone registered temporarily? As already noted, the owner of the apartment can revoke the temporary registration of a citizen at any time . Can I register a face myself?
You can register at any address only by personal application. The owner cannot independently register another person, even by personal application.
The action can only be performed on the basis of a notarized power of attorney.
