Russian legislation on the issue of registration and deregistration changes with enviable regularity. So in January 2015, the Ministry of Justice registered the Order of the Federal Migration Service on administrative regulations on registration issues.
The regulations include the concept of “house register” and clarify that without this document registration actions will not be carried out. What is a house register and why is it needed? Why do we need an extract from the house register, which is required by some authorities? And where can I get an extract from the house register?
House book: what is it and where to get it?
The house book is an A 4 format magazine on a printed basis. Where can I get a house book? Such special forms are sold by trade organizations specializing in the sale of office supplies.
Sometimes its sale is carried out by the Federal Migration Service, where subsequent registration of records is carried out.
If these authorities do not have forms in stock, ask the employees where you can purchase it. As a rule, they provide such information.
The house book is presented in two forms : form No. 11 and form No. 18. They differ in the orientation of the pages - portrait and landscape, respectively.
Any residential premises - apartment, house, room - must have this document, provided that it is a separate household.
contains information about the owners of residential premises and persons registered in this premises.
The list of owners and registered persons in the premises does not always match. There are cases when the owner of the property is registered in another place. Likewise, not everyone living in an apartment is the owner of the premises.
Legislative regulation
Keeping a log is not just a whim of the management company, it not only creates convenience for keeping records of living residents, but is regulated by the Order of the Federal Migration Service dated September 11. 2012 No. 288 “On the administrative regulations for the registration of citizens living on the territory of the Russian Federation.”
In particular, paragraph 85 of the Order states that when transferring ownership of an apartment building from a construction company or municipality, the management company is obliged to:
- open house book form 11;
- keep regular records of all movements of residents in the registered apartments of the building.
Where and how to apply?
The form itself is not a document. To acquire legal force, you need to contact the FMS or the passport office at the HOA .
The owner of the premises can register a house (apartment) register (in case of shared ownership by any of the share owners). The registration procedure is established by Order of the Federal Migration Service No. 364 of December 23, 2009.
In the application, the owner indicates the reason for issuing the document - initial issue, loss, damage, etc.
When submitting an application, in addition to the form, you will need the following documents:
- Passport (or passports) of the owner(s).
- Evidence of(a) ownership of the premises.
- Standard form.
- An old house book (if it has become unusable).
When registering a residential building for the first time, it is necessary to attach a document to this list reflecting the method of acquiring rights to residential premises.
This may be one of the following documents:
- Contract of sale.
- Deed of gift.
- Will.
- Privatization agreement.
- Documents for exchange.
- Agreement with the developer.
- Another document confirming rights.
A complete list of document options provided for registration can be found in the FMS Order No. 288 dated September 11, 2012, as amended on January 19, 2015.
If the property is in joint or shared ownership, all owners must be present when submitting an application.
Employees of the relevant organization accept the application and documents and begin the registration procedure. The book is laced and sealed.
The exact address of the residential premises is indicated on the cover of the book. Further on the pages, in accordance with the columns, information about everyone registered in this living space is recorded: full name, passport data, information about documents for the apartment, date of registration at this address.
The information entered in the house register is duplicated in the registration card in Form 10 . The processing time usually does not exceed one day. To receive a completed house register, you will also have to present your passport.
Where is the house register for the apartment after registration? Next, the document is kept by the owner of the premises; all entries, when changing the list of those registered in the apartment, only employees of the Federal Migration Service or the passport office have the right to make.
Why might an extract be needed?
Often, an extract from the house register is needed when making a sale transaction. The buyer wants to make sure that the housing is free of encumbrances and there are no registered persons in it who can claim their rights to reside.
A house register is a journal that contains information about all residents who have ever been registered at a specific address. Therefore, purchasing an extract will not only provide information about the residents, but will also give you a reason to trust the seller and make sure that he has the right to sell the apartment.
We advise you to read:
- ✅ How to find out how many people are registered in the apartment?
- ✅ What is an apartment card and where can I get it?
- ✅ Is it possible to sell an apartment with a registered person?
- ✅ Procedure for checking out of an apartment or private house
So, an extract from the house register is needed when performing any legally significant actions with the apartment:
- Privatization of housing;
- Registration of benefits and allowances;
- Entry into inheritance;
- Conducting real estate purchase and sale transactions;
- Alienation by inheritance or transfer of real estate as a gift;
- Loss of a passport and its subsequent restoration;
In practice, an extract is most often required precisely to verify the “legal purity of the transaction.” This helps to significantly reduce the risks when purchasing a home.
If you purchase an apartment in a new building, there is no need to obtain an extract. You are the first owner, which means no one was registered before you.
Kinds
The document issued for an apartment and a private house has some differences.
House of Culture for an apartment
It is called an apartment book. It includes three sections : title page, information about the owners, information about registered residents.
The second section indicates the full names of the owners, the size of shares in the premises, and the date of receipt of ownership rights.
The third section indicates the full name and date of birth of those registered, their passport details, information about military registration (if available), information about the date of registration or discharge.
The same information, plus an indication of relationship with the owners, is also contained in the Form 10 registration card.
DK for a private house
Where can I get a house register for a private house? Registration of a house register for a private house is similar to the registration of a house register for an apartment.
The only difference may be the requirement to provide a cadastral passport for the premises .
Replacement and restoration procedure
If it is necessary to restore information about the residents and owners of private housing construction, then the procedure boils down to the following actions:
- Purchase a new magazine at any bookstore. You should buy a book of the established format, otherwise its legal significance will be lost.
- A set of necessary documentation that can actually confirm ownership and residence in the house. The list can be found on the official website of the migration service or department.
- The prepared documents and the unfilled journal are transferred to the citizen registration service, and a petition for reinstatement is written.
- The new book will be re-registered, numbered and stitched, certified by the seal of the relevant authority.
The last sheet of the book indicates the number of pages, and the title page indicates the postal address of the household.
There is another option - contacting the Bureau of Technical Inventory with a package of documents specified in the BTI division:
- the applicant's general passport;
- photocopies of all passports of persons registered in the house, for minor citizens - copies of birth certificates;
- a document from the address service about all registered citizens and home ownership;
- grounds for owning a house: certificates of ownership or an extract from Rosreestr;
- a certificate of registration of a private building, which will reflect all existing and previous owners;
- extract from the property register;
- technical documentation for the structure;
- paid fee for document restoration (not exceeding 300 rubles)
Depending on the government agency to which the request for restoration will be sent, the set of documents may be different.
The procedure for commissioning an apartment building is determined by current legislation. How to create an HOA in an apartment building? Information here.
Who cleans the local area of an apartment building? Details in this article.
Restoration of a residential building for an apartment
Since the book is kept by the passport officer, a request for an extract is submitted, but since it is lost, the employee will give an approximate date when the information will be restored.
In this case, there is no need to pay a fee - the employee is responsible for the safety, and an extract can be made on the day of the application using the available archival data.
Design options
Receipt at the MFC
Single window service or MFC , created in each municipality recently, also deals with registration of house books.
To obtain a document from this organization, you must provide a list of documents similar to the previously described and write applications in the form prescribed by law.
The procedure for registering a house register in this organization is the same as in the Federal Migration Service. The document is prepared within 5 working days and issued to the owners of residential premises.
The transfer of the accepted application and copies of the documents you provided to the relevant authorities is carried out by MFC employees without your participation. You will also receive the finished document at the MFC ; you will be informed of the date of receipt additionally.
Through the Internet
It is not possible to register a house register using the Internet , since registration requires the personal presence of the owners.
Through the State Services portal, it is only possible to issue an extract from the existing house register. You can also order a blank document form through the online store.
Rules for deregistration of individuals
Deregistration of an individual is carried out on the basis of:
- Applications from the owner of a private residential building to cancel the registration of an individual to whose registration he did not give consent (clause 53.2 of the current regulations).
- A court decision or death certificate of an individual. We will tell you more about cases of deregistration of an individual without his direct participation in the next section of the article.
- Applications from an individual regarding deregistration. It must indicate the address where the individual is moving (clause 54.1 of the current regulations).
- Applications of an individual for his registration at a new address.
Within 3 days from the date of submission of one of the above documents, the individual is deregistered by affixing the appropriate stamp in the individual’s passport (clause 33 of rules 713, clause 118.3 of Regulation No. 984).
When registering an individual at a new place of residence, he is deregistered at his previous place of residence from the moment of registration at the new place.
Irregularities in recording records
Some owners of residential premises underestimate the role of this document and make unacceptable entries and notes into it on their own. They believe that by creating a mess in the records, they will be able to get rid of the personalities they do not like recorded in it.
Sometimes, out of ignorance, the entry of the street name on the title page is changed if the authorities have renamed the street. The importance of marking the death of one of the citizens registered in the living space is underestimated. It is also unacceptable to tear out pages from the house register.
All these violations can create problems when registering transactions for the alienation of living space. The document will be considered invalid , and you will not be able to issue an extract or the necessary certificate using it.
Such an attitude towards this document is unacceptable. All entries in the house register can only be made by officials; each entry must be accompanied by stamps.
Damaged by unacceptable actions of the owners must be replaced . The steps for replacing are the same as for receiving a new one.
If a new book is received due to the replacement of a damaged one or after there is no room for records in the old one, the old copy is not destroyed, but is stored as an archival document .
Sometimes house books do not get damaged, but get lost. Find out how to restore the house register for a private home if it is lost here.
Where can I get it?
In fact, the house register is not a particularly rare document; moreover, it is available for sale in the public domain.
That is, if a citizen has received a new apartment or has privatized it, the journal form can be purchased at a regular bookstore or received from the same territorial FMS office upon initial registration and filling out the journal by the responsible person.
In this case, kept by the owner of the apartment and, accordingly, transferred to the next owner along with the purchase and sale agreement or a certificate of inheritance of the residential premises. Although if the book is lost for any reason or was not issued by the previous owner, you can always issue a duplicate in the manner prescribed by law.
If the owner has changed
A house register is a document of living space. When selling or any other type of alienation of real estate, the recreation center is transferred to the new owner . The new owner acquires responsibility for storing and maintaining the document.
Read about whether you need a house register when buying a house or apartment here.
The house register is actually the passport of your apartment , so treat its registration and storage properly to avoid any problems.
Background
For a long time it has been necessary to track the movements of people and know their exact place of residence. At first these were revision tales and confessional paintings.
Then household books appeared, which were kept on collective farms and village councils. In cities there were apartment cards.
Everyone who arrived at a new place of residence had to be assigned to some kind of dwelling, which was entered into the registration documents.
Today, they continue to keep house (apartment) books, and in rural areas – house and household books.
House book cover
Rules for registration and deregistration of citizens
The house book records the facts of registration and deregistration of citizens. These procedures themselves have their own characteristics and rules.
So, to register a person over 18 years of age in a private home, the following is required:
- consent from the owner of the house and other registered citizens in writing;
- sufficient space for one person; The rule does not apply to minors.
When registering citizens over 18 years of age, their personal presence is required, as is the owner of the house. The remaining registered persons may not be present, but must record their consent to registration in writing, which is then certified by a notary.
When registering a minor, registration of at least one of the parents is required. The consent of the owner and the area of the housing are not taken into account in this case. When a child is discharged from the mother's house and registered in the father's house, the mother must give her written consent.
As for the discharge procedure, it can be voluntary or compulsory.
It is carried out voluntarily in the following cases:
- moving to a new place;
- divorce;
- selling a house;
- expiration of the temporary registration period.
And a person is forcibly discharged on the basis of a court decision that found that he violated the rights of other residents.
Extract from the House of Culture:
An extract is a supporting document containing information from the DC. There are two types:
- Standard – containing information about those who are currently registered.
- Expanded (archive) – information about everyone who was registered in the premises for all time is indicated.
Why and when is an extract from the recreation center required?
An extract will be required for many operations:
- It can be provided as a document of title to a person who is not the owner of the property, but requires information about the premises and the persons registered in it to carry out any procedure.
- It may be requested as a source of information about the object at the stage of discussion of any transaction.
- When a child is enrolled in school or kindergarten.
Where and for how long is the statement issued?
It is issued by the Federal Migration Service, and only in the hands of the home owner. Plus, it is possible to order an electronic version of the statement on the State Services website. It may take some time to prepare it - from a couple of hours to 5 working days.
DK can only be in the hands of homeowners. Persons simply registered in this premises should not keep or use the house register. It should not be passed on to strangers, except the new owners: if necessary, it is better to provide them with an extract from the journal.
