The procedure for registration in a non-privatized apartment

For any resident of the Russian Federation, the issue of registration at the place of residence is relevant. Previously, this procedure was called registration, many people still use this term. In fact, there are not many differences between the previous registration and the current registration, the main one being the possibility of registration for a while. The process is straightforward, but there are a few exceptions. One of them is registration in municipal housing.

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.

How to register a relative

The registration process depends on the degree of relationship. Minors and children are registered without problems; permission from other residents is not required. If you need to register a husband/wife, sister/brother, aunt/uncle, grandfather/grandmother in a non-privatized property estate, then you will need to obtain written permission from the remaining residents (Registration in public housing occurs on the basis of Article 70 of the Housing Code of the Russian Federation, as well as the Resolution Government of the Russian Federation No. 713 (ed. 2015).

Important information! If legal representatives are registered at different addresses, then the child is registered in the territory of the father or mother, but with the written consent of one of the parents. In the future, it will be possible to deregister a minor child if he is immediately registered at a new address.

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?

Rights and obligations of a registered tenant

By registering in such housing, a person receives not only rights, but also a number of responsibilities. From the moment he receives a stamped passport, he can freely move into this residential premises. The tenant must maintain the living space in good condition, including by carrying out repairs, and also pay for utilities on time and in full.

Residents do not have the right to enter into transactions with this property. Until the residents living under a social tenancy agreement have privatized the apartment, only the municipality owner can dispose of it at its own discretion.

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.

Price and terms

The registration process takes from 3 to 7 days, provided that there are no additional questions regarding documents or other complaints.
The result of registration will be a note in the passport indicating the new registration, the date of registration and which government agency provided this service. The procedure should be free for all citizens of the Russian Federation. The only fee may be filling out an application or other documents personally by civil service employees - and this is at the suggestion of civil servants, as well as at the request of the applicant himself. In case of refusal, the person fills out all the paperwork himself.

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.

Who can be registered in municipal housing

Before you register in a municipal apartment, you need to find out all the nuances of this procedure. The first step is to obtain permission from the municipality or other government organization that owns the property. The second step will be to obtain the consent of everyone registered in this living space.

Important! It is at this stage that serious problems often arise. Not everyone living in the apartment agrees to the appearance of new tenants. In addition, the new registration holder becomes a contender for a share in the privatization.

For the municipality, one of the key factors is the reliability of the new tenant in terms of timely and full payment of rent. If the applicant seems unreliable to government officials in this regard, or if he is found to have arrears in paying for utilities at his previous place of residence, the municipality will refuse to register such a person in the apartment. In such circumstances, the consent of the remaining residents will not play any role.

Spouse registration

According to Russian family law, people who have entered into an official marriage are obliged to support each other financially and, to the extent possible, provide living space. If one spouse is registered in the apartment where he lives under a social tenancy agreement, he has every right to register the second spouse in the municipal apartment.

In such circumstances, the consent of each resident is not necessary. Nor will living space standards be taken into account. According to the law, there must be at least 10 square meters per resident. If this indicator is not met, the municipality refuses registration. But when registering a wife as a husband or vice versa, this rule does not apply.

Registration of relatives

A similar procedure exists for registering a relative in a municipal apartment. Any person registered in a non-privatized residential area has the right to register close relatives in the living space. The consent of the owner - a government agency is not needed, and the norms for living space per person will not be taken into account.

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.

Residents' consent

In order to register a new person in a non-privatized apartment, you will need to obtain permission from the people already registered there. Such adult citizens need to sign an application for permission to register one more person.

If someone does not give their consent, then according to the law, such a person cannot be registered in the apartment. But there is one option that you can try to implement - to discharge the dissenting citizen. Naturally, these must be real, legitimate reasons, such as:

• the person who disagrees does not live in a non-privatized apartment for a long time (for example, he moved to another place or purchased his own home).

Important: if a person was absent for a long time for a valid reason (was on a business trip or was training in another city), then this clause does not apply to him. In this case, a person can issue a one-time written consent to carry out the procedure (certified by a notary) or draw up a one-time power of attorney for another person;

• a citizen who has not paid bills for housing and communal services for more than six months;
• there are complaints against him from residents or neighbors for inappropriate behavior, violation of public order, rude actions towards other residents of the apartment or neighbors, rowdy;
• he unauthorizedly moved strangers into the apartment;
• the person himself obtained registration in an illegal way;
• he uses the living space for other purposes, without taking into account the opinions of other residents (for example, as a workshop, a retail outlet or a place for committing illegal activities).

In order for a person to be discharged from an apartment, permission from the court is required. If it can be achieved, then having lost the right of registration, the citizen will also lose the right to vote.

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.

Why do you need a social tenancy agreement?

Every person is a participant in legal relations in the state and has the right to enter into contracts, including social rent, in order to create normal living conditions for himself and his family. The subject of such an agreement is an isolated residential premises or part thereof.

The agreement is concluded with a family representative, and after his death it is renewed with the consent of all residents.

Registration in a non-privatized apartment does not have an expiration date, so a tenant who conscientiously performs his duties can be evicted or discharged solely by a court decision or sentence.

Is it legal to live without a social tenancy agreement?

The rules for registering and deregistering citizens of the Russian Federation at their place of stay and place of residence provide for notification of the registration authority about the residence of citizens without registration.

The tenant is obliged to report the person living without registration within 3 working days by submitting an application in the established form:

• in electronic form,
• by mail,
• upon personal visit.

In addition, according to Article 19.15.1, living at the place of stay or place of residence without registration is classified as an administrative offense. This entails liability: the employer faces a fine of 2,000 to 5,000 rubles, a citizen without registration – from 2,000 to 3,000 rubles.

Terms of the social rental agreement

The agreement is concluded in simple written form. It must contain complete and reliable information about the owner of the property (municipal or housing stock), the tenant and members of his family.

The document must indicate all the characteristics of the premises:

• location;
• floor;
• square;
• description of the premises and the property located in it.

The area of ​​the premises provided is established in accordance with the standards adopted by local governments in a particular region. This is provided for in Art. 50 of the Housing Code of the Russian Federation.

The contents of the agreement should include a list of the rights and obligations of the parties. A clause is provided indicating the grounds for concluding the agreement (decision of local authorities), as well as the conditions for changing, terminating or terminating the agreement.

, on the basis of which contracts concluded in a different form can be challenged at the request of one of the parties in court, in accordance with Art. 203.

Termination of a social tenancy agreement

Article 83 of the Housing Code of the Russian Federation provides for a number of grounds for termination of a contract and eviction from municipal housing:

Depending on the basis on which the social tenancy agreement is terminated, the legislation provides for three options for eviction:

• with the provision of comfortable living quarters;
• with the provision of housing that may not be comfortable;
• eviction without provision of other living space.

Is it possible to register a wife in a non-privatized apartment?

Given: family - husband, wife, two children. They live in a non-privatized apartment (3) together with their wife’s mother. One child is registered in this apartment. The second is in the husband's apartment (2) privatized only for the husband; his father (he is registered, but refused privatization) and mother (registered in another apartment) live there. The question arose about privatizing the apartment where the family lives.

Good morning everyone! We were faced with such an unpleasant story that it made my skin crawl. The situation is this: we have an apartment, municipal (non-privatized), me, my mother, father and sister are registered in it, none of us have any other property. Mom and dad are divorced and a year and a half ago he married someone else. We allowed them to live there. My mother moved to the country and took my sister, but my sister went back for a couple of months to communicate with her boys, because my father did not forbid them.

Rules

According to Article 67 of the Housing Code of the Russian Federation, citizens have the opportunity to register in the housing of other persons. To register in an apartment owned by the municipality, you need to have a reason - this is the consent of all residents, as well as the owner (landlord).

Apartments, houses and other real estate property that is assigned to citizens according to official documents are assigned to private property. Funds related to public administration manage real estate that is directly supported by the state, while municipal funds manage real estate that is assigned to the municipality.

Housing belonging to the municipality can be used by ordinary citizens. To exercise this right, you need to enter into a social tenancy agreement. The tenant can register in such an apartment or register both relatives and strangers. If the number of meters per person registered is less than required by law (10 sq. m), then registration will be denied.

Registration is possible with the consent of the owner of the property and all persons living there.

In order to obtain registration in a municipal-type apartment, you must contact the department of the housing maintenance department, the person dealing with passport issues, or the homeowners association, the MFC branch at the place of intended registration, you must have with you:

• passport;
• a certificate of departure from the previous residential address;
• social rental agreement;
• housing document, i.e. order;
• a written statement from the responsible tenant;
• written permission from him and all persons over 18 years of age who live in the apartment;
• permission of the owner - local government authority. This could be the administration, the real estate management committee;
• application form indicating the person being registered (form No. 6).

To avoid problems with registering (errors and inaccuracies in documents and applications), you can ask a specialist to provide the documentation he has already completed in order to check for errors.

Permission from the owner is drawn up in any form with the voluntary consent of an employee of the passport office department. It indicates the address of the residential premises and information about the tenant.

After 3 working days, the authorities issue a passport with a stamp.

If documents are made through the housing department, then during the working week. All registration data and the package of submitted documents are stored in the migration service data bank in electronic and paper versions.

free

, state duties and other payments are not paid. Housing department employees can offer their services to fill out the documents themselves, but they must ask for payment in advance. A citizen can from her

refuse

and fill out the form yourself, especially since samples are presented on the information board.

All registered people in the apartment have the same rights and responsibilities. They must pay all payments for the use of utilities monthly, otherwise the owner has the right to evict unscrupulous tenants. Current repairs also fall on the shoulders of the residents.

To work, a specialist needs copies of documents and originals to check with copies. It is imperative to have copies of documents for the apartment, otherwise the deadline for issuing registration will be delayed. At the same time, all persons living in the apartment, except young children, must come.

Next, with these documents you need to go to the authorities in charge of registration issues, this is the Department of the Federal Migration Service (FMS).

After 3 working days, the authorities issue a passport with a stamp.

Legislative basis

If the apartment is not privatized, is it possible to legally register in it?
The registration processes are controlled by:

1. Residential complex of Russia . This code establishes the basic rules for the use of public housing and fixes the right to be registered in it;
2. The Civil Code of the Russian Federation establishes civil rights;
3. Law of the Russian Federation dated June 25, 1993 No. 5242-1 “On the right of citizens of the Russian Federation to freedom of movement, choice of place of stay and residence within the Russian Federation” is one of the main acts defining the rules of migration registration.

the standards of living space per person and other nuances of this issue are of great importance

Is it possible to register another person in a municipal apartment? The first person to register is the one who has entered into a social tenancy agreement and has directly become a tenant of the property.

However, the question arises: who else can be registered in such a living space, and can it at all? Who can be registered in a non-privatized apartment?

You can learn about the difference in the concepts of “registration” and “registration” from our article.