How to properly register in a private house: useful tips

Types of registration/registration

The conditions for the acquisition and renewal of registration are regulated by Decree of the Government of the Russian Federation No. 713 of July 17, 2015 and Order of the Ministry of Internal Affairs of the Russian Federation No. 984 of December 31, 2017.

Temporary registration/registration

Russian citizens are not legally prohibited from staying at a location other than that indicated in their passport.

The obligation to provide information about their whereabouts arises if the period of stay is more than 90 days. It is possible to obtain registration for any period, which is determined independently by the owner of the property and the person being registered.

An exception is registration in municipal residential premises; it is granted for a period of no more than six months.

After the specified date, urgent registration ceases to be valid from the next day.

Permanent residence/registration

Information on permanent registration at the place of residence with an exact indication of the location is affixed to the civil passport in the form of a stamp.

Persons must report any change in their location (moving to another Russian region, selling real estate or leaving their apartment) to the departments of the Main Directorate for Migration and Migration.

Is it possible to register in part of the housing?

Typically, a private house belongs to several persons on the basis of shared ownership. In this case, in addition to the standard package of documentation, the MFC must provide the certified written consent of each co-owner of the property. An exception is the registration of minor children, for whom permission from other owners is not required if their parents are already registered in the house.

There is another option when one house is divided into 2 equal parts and has 2 own exits, and each of these parts belongs to different owners. Obtaining registration in such a premises follows a standard procedure.

Legal consequences of lack of registration

Ignoring notification of the state about a change of residence entails the imposition of penalties under Art. 19.15.1 of the Code of Administrative Offenses of the Russian Federation. This article establishes several types of fines:

• for lack of information about the registration of residents of the constituent entities of the Russian Federation (minimum amount - 2 thousand rubles, maximum - 3 thousand rubles);
• for failure to provide information by residents of federal cities (from 3 thousand rubles to 5 thousand rubles);
• for the lack of registration for home owners (for residents of the regions - the amount increases to 5 thousand rubles and up to 7 thousand rubles for owners of Moscow and St. Petersburg residential premises).

Officials have the right to apply penalties when an offense is detected. The time for registration of registration cannot exceed 7 days when changing permanent location and 90 days after arrival in another region.

Features and nuances

A common complaint from neighbors when a new person moves in is a likely increase in rent. However, temporary registration does not lead to an increase in utility bills for electricity when individual meters are installed, although expenses may increase for common household devices that record water consumption (LC RF, Article 43).

Dividing the total amount by the number prescribed leads to minimal changes, so concerns about this factor are unfounded.

Important! Registration of children under 14 years of age does not allow them to be registered in a “communal apartment” in which their parents do not live. Registration of a newborn is carried out on the basis of the mother’s application and is carried out without regard to the calculation of the permissible registration rate per person.

Among the nuances, they also highlight the illegality of requiring services from a person who is going to be registered to provide certificates of health (not provided for by law).

When registering another person for migration, the owner remains liable for fictitious registration. Fake registration of a foreigner is especially (punishable by the Criminal Code of the Russian Federation, Article 322.2).

An alternative option for registration of registration with a non-relative may be the conclusion of an agreement that allows a third party to use real estate free of charge.

Registration and ownership

Owners of residential premises are not required to register at the location of the property. Registration at the place of residence and the right to own (dispose of) housing are not related to each other. When a municipal apartment is privatized, registered citizens become its owners. When registering in housing owned by several people, it is necessary to obtain the consent of each owner. The exception is sole ownership of real estate.

Documents for registration of permanent registration in a private house

Registration by location of the house is possible upon submission of:

• statements;
• arrival sheet;
• proof of home ownership;
• passports of the owner and the registered person;
• birth certificates (if a minor is registered at the same time as his parents);
• house book;
• consent of all owners to register the applicant in a private house.

The application must be filled out legibly using a computer or by hand. Corrections and crossing out are not allowed.

The applicants are:

• citizens of the Russian Federation (upon reaching 14 years of age);
• legal representatives of minor children under 14 years of age (parents, guardians, trustees, adoptive parents) or incapacitated persons;

An application for receiving public services for registration at the address of a private house must be addressed to:

• to the nearest branch of the Main Department of Migration Affairs of the Ministry of Internal Affairs;
• to the administration;
• in the MFC;
• to the government services portal.

Documents for registration of temporary registration in a private house

To obtain urgent registration you must provide:

• applicant's passport;
• birth certificate (if the child is temporarily registered);
• a document confirming the powers of the legal representative (an act or decision of the guardianship authorities);
• house register (extract from the house register);
• consent of the owner and participants in shared ownership for the temporary residence of the applicant;
• documents confirming ownership of a residential building and land plot;
• passport of the owner of a residential building;
• arrival slip;
• application in the prescribed form.

An application for temporary registration with the necessary documents can be submitted:

• in person by contacting the migration department;
• through the State Services portal by filling out an electronic application form;
• through the multifunctional center.

Citizens of the Russian Federation who have reached 14 years of age, as well as legal representatives of children and incapacitated citizens (parents, adoptive parents, trustees, guardians) have the right to apply for temporary registration.

Documents for registration at the dacha

Registration of individuals at the location of their dacha is permitted by Federal Law No. 66-FZ of April 15, 1998. Also, registration of individuals is allowed on the territory of SNT (definition of the Constitutional Court No. 7-P dated April 14, 2008).

A dacha can be considered a residential building if it meets the requirements of Decree of the Government of the Russian Federation dated January 28, 2006 No. 47.

You may also be interested in the procedure for obtaining ownership of a house under the dacha amnesty.

Registration at the location of the dacha is carried out if:

• in proper order, the dacha is recognized as suitable for living and complies with sanitary standards;
• the dacha and land belong to the registered person or a member of his family;
• the land with the dacha is located within the boundaries of the settlement;
• the house is provided with engineering systems and can be used for year-round living;
• the dacha is the only place of residence.

To establish a dacha as a residential premises, a special commission is created, or a forensic construction examination is carried out (if established in court).

To register at the dacha you must provide:

• a document confirming that the dacha is a residential premises (conclusion of the interdepartmental commission, court decision);
• technical certificate;
• documents confirming ownership of the house and land;
• Russian passport of the applicant;
• a judicial act recognizing the house as residential, establishing the right of residence and registration on the dacha plot;
• certificate of marriage and birth of children (for registration of family members).

Registration in a house with shared ownership

It is possible to register a citizen in a house owned by shared ownership by several persons only with their consent.

Registration in an unfinished house

An unfinished house cannot meet the conditions for recognizing it as a residential premises in accordance with Art. 15 of the Housing Code of the Russian Federation, since the necessary conditions are not met:

• may not have doors or windows;
• not equipped with utility systems;
• no address assigned;
• not put into operation.

Since registration rules only allow registration in residential premises, registration in unfinished premises is not possible.

Where to get documentation, what to certify?

As mentioned above, the application for registration at the place of residence is submitted on a special form . Form No. 6 is received directly at the place of application, i.e. at the migration service or MFC, or passport office. It can be downloaded on the Internet and filled out according to the sample available on the same sites where you downloaded the form.

The consent of the owner or owners is submitted in writing in person when submitting the application. Identification documents: passport, birth certificate are submitted to the registration service at a personal reception.

The certificate of ownership was issued until July 15, 2016, then it was replaced by an extract from the Unified State Register of Real Estate. To confirm ownership, a certificate , if any, or an extract from the state real estate register (USRN) is provided. In the absence of such documents, a fresh extract on the registered rights to the house is ordered from the MFC. This public service costs 400 rubles.

There will also be a fee for the notary service for drawing up a power of attorney for a representative, if such presence is necessary. Notaries' prices vary, and it is difficult to say how much a power of attorney will cost.

In fact, registration at the place of residence is a free service; possible costs are related to the identity of the person applying for registration and are not obligatory.

Minimum standard living space per person

The minimum standard of living space per person is established by the Housing Code of the Russian Federation, regional laws, sanitary standards and is necessary to calculate the area:

• to improve living conditions;
• when providing housing to certain categories of citizens (orphans, military personnel, displaced persons from dilapidated and dilapidated housing);
• for the provision of municipal residential premises under a rental agreement in apartments and dormitories;
• to apply for subsidies for housing and social benefits to reduce utility bills.

Article 105 of the Housing Code of the Russian Federation establishes the minimum size of living space allocated to a tenant per person - 6 square meters. m. - in a dormitory or in a residential building of a flexible fund.

How to register after buying an apartment

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

1. Go through the procedure for re-registration of ownership of an apartment in Rosreestr. Based on its results, the buyer will receive an extract from the Unified State Register of Real Estate, confirming his status as the copyright holder.
2. Prepare the necessary set of documentation.
3. Submit the established set of documents in one of the specified ways: through the passport office of the Main Directorate of the Ministry of Internal Affairs (the powers to register citizens were transferred to the department after the abolition of the Federal Migration Service), through the MFC or electronically.
4. Wait for the documents to be checked by employees of the regulatory authority to ensure their legal purity and compliance with established standards.
5. Receive a passport with a registration mark.

Price of registration in a private house

The registration service is provided by the government agency free of charge. Now on the market there are many offers from intermediaries to provide such services.

In Moscow, the cost of registration is approximately 500 rubles. – for 3 months and 4,500 rubles. in a year. Temporary registration in St. Petersburg will cost more - 900 rubles, and the cost of a 5-year registration will be 7,000 rubles.

Prices depend on the region and on the citizen of which country the recipient of the services is.

Area standards for residents

The law does not set a limit for registered persons in a privatized apartment, however, simultaneous residence is permissible only if the real estate has a sufficient amount of m2 (you can find out how many people can be registered in a regular apartment here).

Reference! The standard area for one resident is at least 12 m2. However, the minimum value may vary depending on the region where registration is made.

This condition is also met when a communal apartment is provided for use under a social tenancy agreement (LC RF, Article 70), but the number registered here is strictly limited. Municipalities strictly monitor the ratio of the number of residents to the total living space.

With similar meticulousness, state owners also check the fact of a person’s residence in an apartment, eliminating the possibility of fictitious registration. They also prohibit the registration of registration for foreigners under a social tenancy agreement (LC RF, Article 49, paragraph 5).

If there are several owners, in order to register a person who is not a relative, the consent of all owners of shares in the communal apartment will be required .

Our experts have prepared a lot of useful information on the topic of registration, and not only in the communal room. You can find it in the following publications:

• What rights does registration in an apartment give a person?
• Consequences for the owner if he registers a person in his apartment.
• How does the size of utility bills depend on the number of registered ones?
• Who is allowed to register in collateral housing?
• How to obtain permanent registration without the right to living space?
• Is it possible to register a person without his presence?
• Is it possible to register in an apartment without the presence of the owner or without his consent?
• How to register a person in a privatized apartment?

Arbitrage practice

On behalf of a minor child, the plaintiff filed a claim to recognize the house as a residential premises with the right to register at its location. The basis for going to court was the administration’s refusal to recognize the house as suitable for habitation, since it is located on the territory of a gardening partnership and is part of a sanitary protection zone.

The claim was satisfied by the decision of the Salavat Court. A private house is recognized as fit for habitation with the right to registration. The appeal ruling overturned the court's decision and denied the claim. The plaintiff filed a cassation and, as a basis for recognizing the house as fit for habitation, indicated the presence of an expert opinion accepted by an independent expert and not contested by the defendant. In addition, acting in the interests of a minor child, she indicated that the child has no other place of residence.

Referring to the resolution of the Constitutional Court of the Russian Federation No. 7-P dated April 14, 2008, the cassation came to the conclusion that it is possible to register citizens on the territory of SNT if the residential building is the only dwelling.

Considering the lack of evidence that the house was located within the sanitary zone and the impossibility of recognizing it as non-residential, the cassation instance overturned the contested appeal decision and sent the case to the second instance court for a new trial.

Methods and procedure for submitting documents

The design mechanism will depend on which method is chosen - and there are several of them:

• contacting the passport office;
• to the passport officer at the management company;
• through a multifunctional center;
• registration through State Services.

Let us briefly examine the listed methods.

Registration through the passport office and through the management company are not much different: the only difference here will be where to go with the documents. You will need to fill out an application for registration on site. Those liable for military service will receive an apartment card - it will need to be taken to the military registration and enlistment office, and then returned with a note from the military commissar about registration.

When all the documents have been prepared, the date of issue will be set: if an extract has already been issued from the previous place of residence, then the process will take no more than three days, otherwise it may take a week or two.

When contacting the MFC, you will also need to provide all the necessary papers, however, documents on ownership will not be required: then information about this will be requested by the center’s employees in Rosreestr. Although, if you present them, the registration will go faster.

Otherwise, everything is the same as in previous cases, which is not surprising, because the MFC in this case will act only as an intermediary, and the registration itself will be carried out by the Ministry of Internal Affairs.

Registration through the State Services website differs from previous options primarily in that it is carried out online.

The application is submitted through the website, for which you need to be registered on it. If for some reason it is inconvenient for you to contact the passport office or other place of registration in person, for example, due to inappropriate working hours, then State Services will be the best option even if you do not have a registered account, because you need to register it once, and you can use it in a variety of cases.

If you are already a registered user, then everything is simple, and it will take no more than ten minutes to submit an application, which significantly saves time compared to a personal visit.

You need to do the following:

• go to the portal www.gosuslugi.ru;
• select the desired service;
• fill out and submit the application;
• After registration is completed, a message about this will be sent to your personal account indicating the time at which you will need to visit the Ministry of Internal Affairs department.

As you can see, you still won’t be able to do without going to the department completely, but you will only have to do it once, and not twice, as in the usual case.

What to do when there is no registration?

There are two types of registration: temporary and permanent. A stamp in a passport is a permanent registration, while temporary registration is a separate document certifying the location of a citizen in a particular region.

Both types of registration are bureaucratic mechanisms through which the state can track the migratory movements of citizens within the country. But from this purely bureaucratic function, registration has turned into something more: now it is required when applying for a job, when trying to enroll a child in a kindergarten or school, and even more so when obtaining loans, especially when applying for a mortgage loan.

Accordingly, the life of a citizen becomes much more complicated. The question of how to live in the absence of registration becomes the agenda for the coming years. However, practice shows that it is quite possible to live without permanent registration : hundreds of thousands of Russian citizens live in Russia, work and start families without having a stamp in their passport.

aIf there is no permanent registration, then in essence the citizen has only three ways out of the situation:

• Buying your own home or a share in it. Upon receipt of a share, even a very small one, a citizen has the right to register himself at the address where this property is located.
  You can even buy a house in a remote village, where the cost of housing is incredibly low - this is also suitable for obtaining registration. This method is good primarily because in the future you can register your children at the same address without any problems. The downside is that without existing registration it is extremely difficult to get a mortgage, and this is the main way of buying real estate in our country. In turn, without a mortgage loan, saving up for an apartment or even a share is a very difficult task for most residents of the Russian Federation.
• It is possible to obtain permanent registration in real estate where the citizen does not have a share. But in this case, you will have to try hard, because without the consent of the owners of real estate, registration is simply impossible. Read more about this method in the paragraph below in this article.
• You can change your temporary one regularly. If you move to another region or apartment and do not register within three months, then the citizen is required to pay a significant fine.
  Such registration can be issued for a period of up to 5 years. This method is optimal for those who plan to buy a home soon, but so far there is no such option. The downside of this method is the constant visits to the Main Department of Migration, the need to ask landlords to register, etc.

Temporary registration: features

Temporary registration differs from permanent registration in that it is for a strictly limited period. Temporary registration is required for those who leave their primary place of residence for a period of more than 90 days.

This usually applies to students, company employees sent to other cities, and those going for long-term treatment. Hotels, sanatoriums, and rental apartments can serve as places of temporary registration. This procedure is also mandatory for citizens of the Russian Federation. At the same time, temporary registration does not cancel the validity of a permanent one, but only indicates that the citizen has temporarily moved within the state.

As for the financial issue, the state duty for temporary registration at the place of residence is also not provided for by law.

Is it necessary to pay a state fee for registration?

The need to pay a state fee for registration depends on the category of citizens the applicant belongs to.

From a legal point of view, the following main categories of citizens :

• Adult citizens of the Russian Federation;
• Minors;
• Foreign citizens.

Adult citizens of the Russian Federation do not have to pay state duty. For newborns and minor children there is also no need to pay a fee when registering. However, sometimes there are exceptions that are quite rare. In these cases, payments are considered not so much as a state duty, but as payment for services. This may be the registration of an intermediary company or the registration of a fictitious registration by agreement with the property owner. The last option is illegal. It is often resorted to by people visiting large cities to earn money, or by foreigners.

Payment order

Payment of the state registration fee must be carried out by the applicant, since the receipt will indicate his personal data and signature. If money is transferred from a bank card, it must also belong to the person requesting the service.

Federal Law No. 221-FZ, which came into force on January 1, 2015, determines the state fee for permanent and temporary registration at 350 rubles for citizens arriving from foreign countries. However, it does not depend on the age of the applicant and the type of property in which the person wants to live.

A receipt for payment of the state registration fee is provided to the employees of the selected branch of the MFC or GUVM along with other documents.