Permanent registration in apartments is now possible, but only if the premises are officially transferred to housing stock. In non-residential areas, only temporary registration is allowed. Moreover, the maximum period of the latter can be no more than 5 years. The registration procedure itself is carried out according to the standard procedure, although you will need to have all the necessary documents on hand. If at least one document is missing, the registrar has every right to refuse to accept the application.
What are apartments
Some time ago, a number of offers related to the purchase of apartments for permanent residence appeared on the real estate market. The new wording interested potential buyers, but many of them did not suspect that the acquisition of such premises could lead to problems related to registration.
The apartments or lofts themselves are premises located within the boundaries of a specific commercial facility. Typically, when constructing such a building, developers allocate areas in it, which are later equipped with bathrooms and communications required for comfortable living. Often existing offices located on the top floors, or, for example, parts of workshops in restored buildings of former factories, are rebuilt into lofts.
The main advantages of apartments are their large area and location in the central areas of cities, most often large ones. Such apartments find owners very quickly.
However, if buying a loft is usually no problem, then difficulties may begin. Moreover, these affect one of the civil duties of a person - registration at the place of residence. Therefore, before purchasing, it is important to take into account all the legal restrictions that exist regarding registration in the apartment.
The legislative framework
To date, there is no law on apartments, and there is also no definition of such a property in regulations. However, premises of this kind, which are equipped with everything necessary for living, do not qualify as residential. And this, as noted above, means that it is impossible to register here on a permanent basis.
A bill on registration in apartments is currently under consideration, which would classify lofts as residential real estate. And this, accordingly, will entail the existence of legal grounds for permanent registration at the place of residence.
Types of registration
In order to more clearly understand what we are talking about, it is worth briefly identifying what registration is and what types of registration are acceptable.
The procedure is that a person, within a clearly regulated period, submits an application to the Main Department of Migration of the Ministry of Internal Affairs in order to officially document the fact of residence at a certain address. Registration can be of two types:
- Permanent registration. In this case, a person is registered in a specific apartment on an indefinite basis, and a corresponding stamp is affixed to his passport.
- Short-term registration. It is required when a citizen plans to live at a particular address temporarily. Based on the results of registration, the applicant is given a corresponding document in which the agreed period is recorded. The maximum period of residence anywhere without registration is 90 days.
It is important to understand that registration at the place of residence or stay is considered a mandatory procedure. Failure to comply with the law may result in penalties, and the person himself will not be able to use a number of social services.
In addition, the status of premises where registration is possible is determined at the legislative level. Thus, permanent registration is allowed in the following territories:
- in apartments located in multi-apartment residential buildings;
- in private houses built on individual housing construction lands.
But you can temporarily register in:
- hostel;
- sanatoriums;
- hotel and other facilities intended for short-term accommodation.
As you can see, there is no mention of apartments anywhere. However, registration in such apartments is still possible.
Source: Moskovsky Komsomolets
The coronavirus has hit hard not only the health, but also the wallets of our citizens. Many are left without work, have lost their business and are forced to rent out their apartments, while they themselves go to the countryside. Living outside the city without registration is not very convenient: you cannot register at a local clinic or enroll your children in a kindergarten or school nearby. MK experts explained how to convert a garden house into a residential one and what requirements a country property must meet in order to be registered there.
Where to begin?
Many Muscovites prefer to live in their dachas all year round. Some people like a leisurely country life and a healthy environment, others like to dig in the soil and engage in personal farming, while others are forced to rent out city apartments in order to make ends meet. Be that as it may, almost 600 summer residents near Moscow have used the service of the Moscow Regional BTI to convert a garden house into a residential one, and many are going to do this in the near future, so the tendency is that many summer cottages will eventually turn into full-fledged populated areas, There is.
The Law on Summer Residents and Gardeners, which came into force on January 1, 2019, significantly simplifies the registration procedure for a summer residence. De jure, this was not forbidden to anyone before, but de facto it was possible to register only through the court.
“In 2021, a law came into force that allowed residents to register in gardening associations. For many, this became an opportunity to create additional property assets outside the city. However, for a country house to become such an asset, certain conditions must be met: the land plot must have the appropriate type of permitted use, and the house must have residential status. This must be a permanent structure that complies with all urban planning standards,” says Natalya Adigamova, Minister of Property Relations of the Moscow Region.
Before you start registering your dacha, make sure that all title documents (for the house and plot) are in order: the property is registered in the cadastral register, and ownership is registered. An important condition: the house must be registered as residential, that is, the extract from Rosreestr contains the entry “residential building” or “residential building”. This means that it meets urban planning requirements: it does not exceed 3 floors, is not divided into apartments, and has a postal address. Because registration in garden houses without “residential” status is impossible.
“You can only register in a house where there is a real possibility of year-round living,” says Nikita Chaplin, First Deputy Chairman of the Moscow Regional Duma, Chairman of the Union of Summer Residents of the Moscow Region. “In our country, unfortunately, there have already been cases when black realtors, when selling an apartment, issued fictitious registration in dilapidated buildings or in buildings that existed only according to documents. Therefore, from January 1, 2021, control over the registration of houses located on plots in SNT was tightened. Owners are required to draw up a technical plan. This is due to the need for additional control so that the documents correspond to the actual condition of the house.”
Important Details
If you have a new house that was built in accordance with urban planning standards, then most likely there will be no problems with it when registering with Rosreestr - there it will be recognized as residential. But an old house, once designed as a garden house, can also be converted into housing if it actually meets these requirements. But for this you will need to make a technical passport and cadastral passport of the house, obtain an opinion from the sanitary and fire services on the condition of the house and order a report on its technical condition (make sure that the company from which you will order it has access to an SRO in the field of construction).
Although the Law does not provide for refusal of registration at the place of residence, in practice it often turns out the opposite. In this case, you will have to apply to the court to challenge the refusal to register and oblige the accounting authority to register you at your place of residence in the country.
By the way, your dacha registration may be denied for reasons beyond your control. It turns out that it is not enough to make the house suitable for year-round living, it is also necessary that all the necessary infrastructure be nearby: hospitals, schools, kindergartens. As the number of summer residents permanently residing in SNT increases, the load on the nearby social infrastructure also increases. And not all municipalities cope with it.
“You can only register in a house that has an address,” says Nikita Chaplin. — In settlements and cottage settlements located on land plots with the type of permitted use “for individual housing construction,” all houses are recognized as residential, therefore the state is obliged to provide the residents of these settlements with the necessary infrastructure: electricity, communications, roads, as well as social facilities: children’s kindergartens, schools, clinics.”
It is much more difficult in this regard for those who want to register in SNT or DNT, which are located far from social infrastructure, the expert says. But even here, registration is possible provided that the site belongs to the category of “land of settlements” or “land of agricultural purpose” with the type of permitted use “for gardening” or “for dacha farming”.
By the way, you need to take into account that a “residential” house compared to a “garden” house has not only advantages, but also disadvantages. For example, in the first case, the cadastral value will always be higher, which means you will have to pay more tax; But by registering an individual housing construction project, you can receive a preferential rural electricity tariff and save on electricity.
Another important nuance concerns those on the waiting list for improved housing conditions. Law No. 217-FZ provides that residential buildings registered on garden and dacha plots before January 1, 2019 will not be taken into account when providing housing to those on the waiting list who are registered as needing residential premises. Therefore, there is no need to prove to officials that the country house is your only home.
Each of us has the legal right to choose whether to register in an apartment or in our own house on a summer cottage. If a person permanently lives outside the city, then it is more convenient for him to register at his place of residence in order to be able to use all social services. This is also beneficial for municipalities: in addition to land tax and property tax for individuals, they will also receive personal income tax, which goes to the budget at the place of registration.
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WHICH HOUSE MEETS THE CRITERIA FOR RESIDENTIAL PREMISES?
— The house has reliable load-bearing structures and a roof.
— Engineering systems: electric lighting, cold and hot water supply, water disposal, heating and ventilation, gas supply (in gasified areas). The absence of water supply and central sewerage is allowed in houses no more than 2 floors high - in settlements without centralized utility networks.
— Possibility of maintaining indoor temperature at least +18 degrees all year round.
— The height of the rooms and kitchen is at least 2.5 m; corridors, attics - at least 2.1 m.
— The floor of the 1st floor must be higher than the planning level of the ground.
— Rooms and kitchens in living areas should have direct natural light.
REGISTRATION PROCEDURE AT PLACE OF RESIDENCE
Documents can be submitted in person, or through the government services portal, or at the MFC:
— application for registration at the place of residence;
- passport;
— document of title to the house (sale and purchase agreement, gift, etc., certificate of ownership).
DEADLINE FOR REGISTRATION OF CITIZENS AT PLACE OF RESIDENCE:
— 3 days from the date of receipt of all documents by the registration authority;
— 8 working days, if the registration authority requests the title document as part of interdepartmental cooperation.
If documents are submitted through the MFC, then a mark of registration in the citizen’s passport, as well as the issuance of a certificate of registration at the place of residence (certificate of registration at the place of residence of a person under 14 years of age) is made by an authorized official of the MFC no later than the next working day after the day of receipt of the relevant information from the registration authority.
Tags: dacha amnesty, gardeners, residential gardening, 2020
How to register in an apartment: law of 2021
So, if a person purchased an apartment for the purpose of living in it, he will need to register in it, preferably on a permanent basis. However, despite the available amenities and functioning communications, such apartments are still considered commercial space, which means they belong to the non-residential stock and living in them is excluded. As, indeed, in any other territory that has such a status.
But if a loft is offered for purchase as a place to live, there must be some options. And, of course, they exist, and they are absolutely legal.
Due to the fact that the purchase of apartments is becoming more and more popular every year and the growth of sales for such apartments is constantly growing, a number of rules have been developed to allow registration in such premises. Here you should rely on the law of the Russian Federation No. 5242-1 and the Decree of the Government of the Russian Federation No. 713.
The main points regarding registration are as follows:
- Permanent registration in the apartments is not permitted. This is due to the fact that the premises belong to commercial real estate, and therefore are part of the non-residential stock. In such territories, indefinite registration is not possible.
- Temporary registration in apartment apartments is allowed. However, the procedure is only permissible if the owner (and initially the developer) has documents indicating that the loft is equipped with all amenities (bathroom, communications), which means that it can be equated to a hotel-type premises. The latter means a room (or several) intended for temporary living. These include premises in sanatoriums and hotels. If the owner has the necessary documents confirming the availability of amenities, then temporary registration is possible without problems. Otherwise, the apartment will first need to be assigned the status of a hotel-type premises.
- The maximum period of temporary registration is 5 years. Moreover, after the expiration of the period, registration can be extended. The new period will depend on the wishes of the applicant. The number of extensions is not limited. That is, a person can renew temporary registration as many times as he needs. This will only require the consent of the owner of the premises, and since the applicant himself acts in his role, no problems will arise.
In addition, a project regarding registration issues in lofts is still under consideration. It is expected that the conditions of the new law on registration in apartments will make it possible to document the fact of residence in premises of this type on an indefinite basis. In this case, lofts and other similar apartments will be considered residential premises.
It is worth clarifying that in fact, the procedure for permanent registration is already available. However, to register, the owner will need to independently go through a lengthy and rather complex process of transferring the premises from non-residential to residential. The process involves numerous checks and collection of documents to prove that the apartment complies with sanitary and fire safety standards. The owner will need to confirm the availability of amenities required for 24-hour occupancy.
Such a request should be submitted to the local administration. But you should be prepared to resolve the issue through the courts. Practice shows that most often decisions to change the status of a premises are made by the highest authority.
Temporary registration
To carry out the temporary registration procedure (known as temporary registration)
You can use premises that are not used for permanent or long-term residence.
It can be:
- Hotel rooms.
- Rooms in a sanatorium.
- A house at a tourist base and so on.
It should be noted that the responsibility for temporary registration of citizens rests directly with the administrative body operating on the territory of the above-mentioned objects.
The status of apartments is regulated by Order No. 35 of the Ministry of Sports dated April 15, 2011 and is listed as a type of room in accommodation facilities.
Accordingly, apartments are formally regarded as non-residential properties and commercial real estate that can be rented, and residents have the right to count on hotel-type services.
Even in cases where the apartments combine:
- Full range of necessary equipment.
- Large areas.
- Practical and convenient location (for example, near a transport interchange or developed infrastructure, green areas, and so on)
.
Such premises remain non-residential and can be intended exclusively for temporary use.
Registration process
The short-term registration procedure has the simplest possible algorithm. The applicant needs to prepare documents and contact the department of the Main Department of Migration of the Ministry of Internal Affairs or one of the MFC offices. It is also possible to submit a request for registration through State Services. True, in this case you will still have to appear for the certificate in person, because at the time the document is issued, the authorized employee will verify the data sent earlier with the information indicated in the original papers.
The documentation package includes:
- personal passports of persons expressing a desire to register in the apartments (children’s birth certificates, if they are under 14 years old);
- agreement on the purchase of premises;
- an extract from the Unified State Register of Real Estate confirming the fact of recorded ownership of the apartment;
- departure certificate if registration at the previous residence address was terminated.
The papers must be supported by a completed application form for temporary registration, where the terms of registration should be indicated. In this case, payment of additional fees is not required - the procedure is completely free.
Documents confirming short-term registration are prepared within 10-14 days. The applicant must receive the papers personally.
The law on the possibility of permanent registration in apartments is still under consideration, however, this does not mean that living in such housing is prohibited. If all documents are available, short-term registration is allowed, with a maximum period of 5 years. After the expiration of the term, it can be extended. If there is an urgent need for permanent residence in the loft, you should try to independently convert the premises into housing stock. If the procedure has a positive result, then there will be no grounds for refusing permanent registration, and the owner will be able to carry out the procedure in the standard manner.
Is it possible to register in the apartment?
Question “Is it possible to register in the apartment?” is currently relevant. This is not surprising, since legislation is constantly changing, and today it is quite possible to register in such a room on a permanent basis. This is possible if the apartments were officially transferred to housing stock. In situations where this requirement has not been met, it will not be possible to obtain permanent registration.
For this reason, the purchase of apartments with the right of registration has become available. But before concluding a deal, it is worth finding out whether the property being put up for sale has received residential status.
If the loft has already been purchased, then a way out of the situation may be renewable registration in the apartment on a temporary basis. Here you can register for up to 5 years. And when this period expires, apply with the necessary package of documents to the Main Directorate for Migration Affairs of the Ministry of Internal Affairs in order to extend it. You can do this an unlimited number of times.
Possible difficulties
In practice, difficulties often arise even with temporary registration in the apartment. This applies to premises located in reconstructed buildings or multifunctional complexes. In such cases, it will not be possible to obtain even temporary registration.
The reason why you cannot register in an apartment may be the lack of all necessary amenities for living. And if the object in which you want to register has hotel status (intended for temporary residence in it, which can be documented), then there will be no obstacles to this.
Where to go to register
To register at your place of residence, you must submit a corresponding application and the required list of documents to the territorial body of the Main Directorate of Migration Affairs of the Ministry of Internal Affairs. To begin with, it doesn’t hurt to find out where temporary registration is issued in a specific locality.
In addition, in order to obtain a short-term registration, it is possible to provide the necessary documentation through the post office or the State Services portal.
