The procedure for registration in a non-privatized apartment

Normative base

There is no separate law relating to such real estate. All situations related to registration at the place of residence are regulated by the following regulations:

• Civil Code of the Russian Federation;
• Government Decree No. 713 of July 17, 1995;
• Federal Law No. 5242 dated June 25, 1993.

To go through the registration procedure in a non-privatized apartment, you must submit documents through the MFC or the Main Department of Migration Affairs of the Ministry of Internal Affairs. The application form must be completed on site. Consent from registrants is also required.

Important information

Be sure to read the section because I will refer to this information often in the instructions below:

• To register in a municipal apartment with a close relative (to your spouse, to your children, to your parents) Consent of all adult residents is required, registered in this apartment. Close relationship with the employer/main tenant does not play a role here. All those listed are equal to each other. Clause 1 Art. 70 of the Housing Code of the Russian Federation - “The tenant, with the consent in writing of his family members, including those temporarily absent, has the right to move into the residential premises he occupies under a social tenancy agreement his spouse, his children and parents.” Clause 49 of the Order of the Ministry of Internal Affairs of December 31, 2017 N 984 - “Simultaneously with the application for registration at the place of residence, the applicant submits: written consent for the citizen to move into the residential premises from adult users living together with the tenant of the residential premises.” Clause 2 Art. 69 of the Housing Code of the Russian Federation - “Members of the family of the tenant of a residential premises under a social tenancy agreement have equal rights and obligations with the tenant.”
  Registration with a non-close relative or non-relative will require the consent of all adult residents + consent of the municipality. For example, you want to register with your grandparents, uncle or aunt, and so on. Clause 2 Art. 69 of the Housing Code of the Russian Federation - “The tenant, with the consent in writing of his family members, including those temporarily absent, and the landlord, has the right to move other citizens into the residential premises he occupies under a social tenancy agreement as members of his family living with him.”

  There are exceptions: 1) Parents do not need to ask anyone’s consent to register their minor children with them - details. A separate article is about how to register a child in a municipal apartment. 2) No one’s consent is required for the tenant when registering in the housing provided to him on the basis of a social tenancy agreement - clause 2 of Art. 61 Housing Code of the Russian Federation.

  Read also:  Redevelopment in non-residential premises or non-residential building in Moscow and the Moscow region

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• Registration will be denied if the registration norm for each resident is not met - clause 1 of Art.
  70 Housing Code of the Russian Federation. It doesn’t matter who registers, kinship doesn’t matter here. Each city has its own accounting norm, because it is established by the local administration - Art. 50 Housing Code of the Russian Federation. In Moscow, a minimum of 10 sq.m. was established per person. - clause 3 of Art. 9 of City Law No. 29 of July 14, 2006. In St. Petersburg, a minimum of 9 sq.m. - clause 1 art. 3 of the City Law of July 19, 2005 N 407-65. For example, an apartment in St. Petersburg. It contains 3 people. Its area is 32 sq.m. The wife of one of the residents wants to register, everyone agrees to this. She will not be able to do this, because otherwise there will be 8 sq.m. for each person registered. This is below the established norm of 9 sq.m. The service will be refused.
• The citizen must submit the application himself . You cannot register by proxy - more details.
• It is not necessary to check out from your previous address . When registering, it is enough to submit another application, then you will be automatically discharged from there within 3 days - clause 31 of the Decree of the Government of the Russian Federation of July 17, 1995 N 713.
• If you are a tenant under a social tenancy agreement and intend to register in the provided housing, the information below is not necessary for you. Go straight to the methods - through the passport office/MFC or through State Services.
  If you want to register without being the tenant/main tenant, there is a lot of confusion about what document will be the basis for the procedure. Everywhere has its own requirements, in addition to the accounting norm.

  For example, a social tenancy agreement has been drawn up with the tenants and someone else wants to register with them (whether a relative or not). To do this, the employer will first need to include this person in the social tenancy agreement as a family member - clause 3 of Art. 69 and paragraph 2 of Art. 70 Housing Code of the Russian Federation. To do this, he contacts the municipality to draw up an additional agreement. Do not forget to obtain the consent of all adult residents. Instructions and list of documents for Moscow - link, for St. Petersburg - link. The registration period is up to 30 days. After this, you can register for housing.

  If you only have a warrant, most likely, before registering someone, you should conclude a social tenancy agreement with the municipality. In this case, the order will be a foundation document, because it proves the fact of provision of housing for occupancy - Art. 47 Housing Code of the RSFSR and Art. 7 of the Federal Law of December 29, 2004 N 189-FZ. The same applies when the tenant or main tenant dies. All adult residents must decide which of them will be the current tenant, and the rest as members of his family - Art. 60 and 69 Housing Code of the Russian Federation. We also include in the contract the person who is going to register in the apartment. It is not necessary to draw up an agreement somewhere. For example, a friend of mine from Samara only had a warrant. Her husband was able to register with her, attaching a warrant and the written consent of all adult residents.

  Another case - my relative from the Sverdlovsk region did not even have a warrant. He calmly registered his second wife. At the passport office they were asked for the written consent of his adult daughter, who is registered there, + a copy of the personal account to prove that the apartment was not privatized. They didn't have to re-register anything.

  Conclusion: before registering, I advise you to first consult with a passport officer from the Management Company (housing office, housing department, homeowners' association, etc.). Even better is with the head of the passport office. Explain the situation in detail and provide all available documents for housing. They know more about this than MFC employees. Or write your situation to the Ministry of Internal Affairs of your city through the online application process. There, select “General Directorate for Migration Issues”.

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Grounds for registration

The administration enters into a social rental agreement with the responsible tenant. This is the main document used for registration. Is it possible to register in a non-privatized apartment? This is the main reason for registration. The following categories are eligible:

• spouse;
• parents;
• children.

The rest can be specified by the employer, but in the general management of the household. There are cases when a person includes himself among family members on the basis of a court decision.

Relative

Without the consent of other persons, those under 18 years of age are allowed to register in municipal housing. In other cases, it occurs by voluntary consent. How to register a relative in a non-privatized apartment?

Simplified rules apply to:

• children;
• spouses;
• mother or father.

Other persons require not only permission from other residents, but also the availability of sufficient space. If it is less than the norm, the authorized body will refuse to accept documents.

stranger

Registration is carried out legally, as is the case with owned real estate. But there are some nuances. Is it possible to register a stranger in a non-privatized apartment?

How to register a minor child and a newborn?

If one of the parents is registered in municipal housing, then he has the right to register his minor child without the consent of other residents. In the case where the parents are registered in different places, confirmation from the second place is required that the child is not registered there. Parents must also write their consent to the fact that their child will be registered in municipal housing.

In order to register a minor child, you must collect the following documents:

• parents' passports;
• birth certificate or passport of the child;
• Marriage certificate;
• document confirming the official registration of the parents' place of residence.

Registering a newborn child is even easier. It can be issued immediately where the mother lives. To do this, you do not need to obtain a separate agreement from the father. The most important thing is to complete all registration documents correctly and without errors.

Permanent and temporary registration

Registration in a non-privatized apartment is allowed in two options - at the place of residence or address. In the first case, registration is not limited by time. In the future, it is possible to participate in privatization on an equal basis with other residents.

Is temporary registration allowed in a non-privatized apartment? It is possible, as in the case of property. The only difference from a permanent one is the limitation in action, which is set by the employer. You can extend it in the future. Temporary registration in a non-privatized apartment is allowed for a period of 3 months to 5 years.

Where to contact?

How to register a husband and wife for municipal housing?

First of all, decide how you will do this - via the Internet or pay a visit to the passport office.

To register a wife with her husband in a municipal apartment, the following options are available:

• passport office of the Management Company;
• ATS;
• Internet portal of State Services.

It’s better to choose the Department of Internal Affairs - the procedure will be faster .

You can learn how to register at your place of residence through the MFC from our article.

Registration without ownership rights

The owner of municipal real estate remains the municipality, even if new persons are registered. It is he who has the opportunity to dispose of the housing stock. Therefore, registration without ownership rights is carried out in all cases. It only provides a place to live. The possibility of acquisition arises only after privatization by mutual agreement between all those registered.

Rights of residents in a non-privatized apartment

Such real estate is different from your own. But the difference is small, except for the ability to make transactions. This is only permissible if there is a title document. The rights of a tenant in a non-privatized apartment are as follows:

• use for one's own purposes;
• further registration of property;
• moving in children under the age of majority;
• obtaining another municipal housing in the event of an emergency or exchange.

The possibility of privatization plays a key role. It is important for an employer to think before registering someone. The rights of those registered in a non-privatized apartment are lost only after deregistration. Otherwise they are the same as those of other individuals.

Rental

Registered people can not only personally stay in the apartment, but also receive money for it. It is possible to rent out individual rooms and the entire property. Even in the first case, there should be no opposition from residents. Many people are interested in whether it is possible to rent out a non-privatized apartment. It is necessary to obtain the consent of all registered persons. Then a formal contract is concluded with the tenant for the required period.

What to do if one of the residents is against the new neighbors?

Try to find out the reason from him and convince him that registration will not entail any negative consequences. Or you can try to do without it altogether - according to the decision of the Supreme Court, issued in 2008, if we are talking about close relatives - spouse, children, father or mother - you can not ask the consent of the residents. True, this does not cancel the right of veto on the part of officials...

If the matter is completely deaf, you will have to go to court. If he agrees with the plaintiff’s arguments, then a copy of the decision will need to be attached to the application at the passport department. The resistance of the municipality will also have to be dealt with in court.

After the death of the tenant

If the tenant was registered alone, the right of residence to interested persons is not granted. The property is transferred to the municipality. He passes it on to others in need.

After the death of the tenant, the non-privatized apartment remains with the registered citizens. An employer is selected from among them and will enter into a new contract on the same terms.

If the main tenant in a non-privatized apartment dies, relatives can obtain his powers in court. This applies to those persons who did not live with him.

Through the court

It's another matter when one of the residents disagrees . Then the court can help carry out the procedure.

a written petition and a document from the registry office can help

But more often than not, this turns out to be useless and there is only one way - to the courthouse.

If there is a trial ahead, then you need to contact the district court at the location of the responding party.

What you need to indicate in the application:

• full name of the court site;
• plaintiff's details;
• reference to legislation - why do you consider the refusal of registration to be unauthorized?
• requirement to register.

Typically, the court takes no more than a month . Then a decision is made and you can go with it to the passport office, which will carry out the procedure.

Registration procedure

First you need to reach an agreement with the employer. This is the main condition, without which registration is not possible.

You need to prepare documents, contact the Main Department of Migration Affairs of the Ministry of Internal Affairs or the Multifunctional Center. An application from the employer and the person being registered is filled out on the spot. It is signed by the remaining residents who have reached the age of 18.

The employee will check the completion, make copies of the documents and set a date for re-application. During temporary registration, a certificate is issued on a separate form indicating the registration period. In the case of permanent registration, they take away the passport, which is stamped.

Required documents

To register, you must submit an application in the prescribed form; the corresponding form can be obtained on site. It is important to determine in advance what documents are needed for registration. For this you will need:

• passports of the registered person and the employer;
• certificate of departure from the previous place;
• social rental agreement;
• application from all residents;
• extract from personal account and house register.

An employee will check that the data is filled out. After this, a date is set when you can apply for ready-made documents.

Deadlines

The review period depends on the location of the application. How long does it take to register for an apartment? The responsible employee is given 3 days from the date of receipt of the documents. If some information is missing, the period may increase to a week. When an application is submitted through the MFC, additional time will be required for shipment.

Procedure for registration in a municipal apartment

In any business, there must be order that must be followed for a positive final result. Registration in an apartment that directly belongs to the municipality has its own characteristics and another side of complexity. It should be noted that the registered person will have limited rights to use this property, since it is state property.

Where to contact

There are several ways to register in a premises intended for housing, which is taken for use on the basis of a social tenancy agreement:

• at the regional department of the Federal Migration Service;
• at the nearest Multifunctional Center;
• at the Housing Administration passport office.

You can register through the State Services website. This method is convenient because it does not take much time and does not require leaving your home or work office. After accepting the documents, the citizen must visit the municipal office of the FMS or MFC.

List of required documents

To register in premises intended for residence, you must prepare a number of documents:

• valid passport;
• confirmation of discharge from previous place of residence;
• military service ticket;
• information about family members;
• certificate confirming marriage (for registering families);
• a certificate confirming the birth of children (if their age is less than 18 years old); for children over 14 years old, personal presence during registration procedures is required;
• landlord's consent;
• application for registration.

All papers must be reliable and reflect all the necessary information about the person being registered. If a counterfeit or discrepancy is detected, you will not be able to register until it is corrected. Documents must be submitted both in original and copies.

To register, you must be personally present during registration. If for any reason this cannot be done, then a notarized power of attorney must be presented.

Consent from the employer is provided in free written form. This happens directly to the passport office employee. The permit must contain all the information about the citizen being registered, as well as the real address of the municipal apartment.

Procedure

It is possible to register in housing belonging to the municipality after following the procedure.

1. Collection of registration documentation.
2. Submission of all documents to one of the authorities (passport office, MFC, FMS or electronic portal).
3. Waiting for approval and production of documents confirming registration.
4. Obtaining documents confirming registration (certificate or stamp in passport).

If the documents were submitted through the electronic portal of State Services, then a date is set when the citizen must visit the FMS to complete registration actions.

Timing and cost

The period for obtaining registration in municipal housing depends on the method of submitting documentation. On average it takes 3-8 business days. The fastest way to register is the electronic website of the State Services and the department of the Federal Migration Service. If the documentation was submitted in another way, it will take the maximum number of days.

If a citizen does not provide some documents, but simply indicates their data, then the registration result will be available in more than 8 working days.

Attention! To register, you do not need to pay state fees or other fees. The entire procedure is free of charge.

Timing and cost

Currently, this procedure has become absolutely free .

Housing department or HOA employees can only offer to fill out documents for a fee; this requires your consent.

A citizen can refuse the service and complete all paperwork independently using the provided samples.

Employees of the organization are required to provide you with samples of filling out all the necessary forms. Registration deadlines range from 3 to 7 days , depending on the organization to which you submitted documents.

Legal requirements

If the apartment is not privatized, can new residents be registered in it? Municipal housing is real estate that has a certain legal status.

In fact, it is the property of local governments .

Citizens are his employers, therefore, their rights are somewhat limited compared to owners of their own real estate.

Unlike registration in your own housing, the registration of which is carried out in accordance with the Civil Code, procedural issues for municipal housing are regulated by Article 70 of the Housing Code.

It is this document that contains the regulations for moving into and registering housing of this status. According to it, the employer cannot register a new tenant without the consent of all adult citizens who are already registered in the given territory.

At the same time, there are conditions under which the tenant may be refused registration for another tenant, if after that the share of each is less than ten square meters of living space.

The Housing Committee separately considers the issue of registering a newborn child or a new family member.

Registration by law in these circumstances involves changing the housing contract and adding new participants to it.

In addition to the residential complex, the registration procedure is regulated by Government Decree No. 713 of June 17, 1995 and Federal Law No. 5242-1. These documents define the procedure for submitting an application and provide a list of those responsible for its preparation.

Regulations

To register, you need to go through the following steps:

1. Obtain written consent from the landlord if you are not a relative of those living in the apartment.
2. Submit an application (Form – 6) to the FMS department on whose territory the apartment is located. In addition to the one being registered, a statement of consent must be written personally by everyone living in the apartment.
3. Provide the required package of documents :

• passport;
• departure slip;
• military ID (if available);
• certificate from the administration about family composition;
• rental agreement;
• birth certificate (for a citizen under 14 years of age).

A child over 14 must attend in person.