Registration in an apartment with shared ownership in 2021

Registration at the place of residence proves the fact that a person lives at a certain address and does not infringe on the property rights of other persons. If he does not have a registration, he risks facing penalties, the inability to find a job, receive medical care, or enroll his child in a kindergarten or school. Registration in an apartment with shared ownership has its own rules and features, which are discussed in more detail below.

Basic information

Every person living in the Russian Federation has the right to free movement, choice of address and residence in the country. At the same time, all citizens of the Russian Federation must register at their address of residence or stay. The internal affairs bodies control the registration process of citizens.

What does registration give? Here is just an incomplete list of emerging rights and opportunities:

choosing a school institution based on your area of residence;
receiving social benefits;
receiving free medical care at the district clinic, inpatient treatment at the district hospital;
the opportunity to register to enroll your child in kindergarten;
confirmation of employment address.

Procedure for registering a share of housing

The division of housing into several shares occurs in the following situations:

privatization of housing;
transfer of residential premises by inheritance;
division of jointly acquired property upon dissolution of the couple’s marital union;
donation of housing;
Property For Sale.

If the apartment is in shared ownership, then it has several owners. In this case, the shares are real (allocated in kind - for example, a room in a communal apartment) or ideal, in the form of a fractional number.

Regardless of the size of the share, its owner has the right to sell it, donate it or rent it out. To do this, he will need to obtain permission to conduct the transaction from the remaining owners.

It is possible to register a person who is not a shareholder in an apartment with shared ownership, but in this situation it is also necessary to inform the others and obtain their written consent to registration.

As for minor children, domestic legislation allows their registration without obtaining the consent of other apartment owners.

In the case of a private house, each owner of a share allocated in kind can dispose of it as he wants. In case of common shared ownership, written consent from other homeowners will be required.

Attention! Houses that do not meet technical and sanitary standards, as well as dachas, are not residential real estate.

Moscow registration

Moscow registration for a share in an apartment guarantees legality and that you will not be discharged after a certain period of time.
By purchasing a share in a Moscow apartment from you, you will also have the opportunity to register your minor children without asking anyone for permission. Permanent registration (registration) on the part of the apartment that belongs to you is the most legal and safest investment. A share in an apartment is your property and you can dispose of it at your own discretion. For example, after you have registered, you can sell it and get your money back, or transfer it to your relative, and he, like you, will receive legal registration in Moscow. But you should not buy tiny shares, those that are not possible for living, you will not be registered on them. Avoid scammers offering registration: 1/20, 1/50, 1/100

All kinds of message boards are often teeming with offers to obtain Moscow registration under a free use agreement. Such an agreement is also not a guarantee that you will not be discharged after you pay the money; moreover, it will not allow you to register your children and members of your family, unlike a purchase for registration of a share in an apartment.

Not infrequently, having received money, apartment owners go to court and unilaterally terminate the agreement for free use, having received a court decision, they submit it to the Federal Migration Service and all those who bought a residence permit in their apartment remain on the street.

Registration in Moscow: agreement for free use

Another common option for deceiving those who want to buy a residence permit in Moscow is to change the owner of the apartment. Not clean realtors buy an apartment, register people under free use agreements, and after some time transfer the apartment to their partner. Who goes to court as the new owner of the apartment and discharges everyone. Then he himself begins to register the people whom the new owner, after the next re-registration of the apartment, in the same way as he once would register on the street.

The most surprising thing is that these businessmen practically do not break the law. The owner of the apartment has the right, at his own discretion, to enter into and terminate agreements for free use. The truth is that it is impossible to demand a refund of money upon termination of the contract, since it is free of charge and does not imply the transfer of money. Many who bought such a registration do not even suspect that they have been discharged a long time ago.

Registration in Moscow - a tiny share - loss of money

Moscow registration for a tiny share in an apartment is even more dangerous. By registering under a free use agreement, you still have at least some chance that you will come across a decent owner of the apartment, although such registration in Moscow will not cost three kopecks. Despite the fact that today there are no restrictions in the law for owners in the amount of share when registering their property. There are many internal documents of the Federal Migration Service according to which permanent registration for a tiny share is impossible.

Sellers of such shares naturally know all this. They are masters of showing off. Possessing a tiny share in an apartment will not allow you to obtain permanent registration at your place of residence in Moscow, and 70% will be refused. In the refusal, the Federal Migration Service will refer to the impossibility of living on a meager share, violation of sanitary standards, violation of Resolution 859 of the Moscow government of October 31, 2006, and much more.

Those lucky ones who, due to an oversight or by agreement at the passport office, are still registered with a meager share, will lose it in a maximum of a year. Now the Federal Migration Service, without litigation, discharges such owners. The basis for deregistration from permanent registration at the place of residence will be an ostensible decision of the Moscow City Court.

We strongly advise you not to buy Moscow registration through contracts for free use and tiny shares in apartments, this is illegal and leads not only to loss of money, but also to criminal liability.

Legal Moscow registration: shares in apartments

We are often contacted by clients who have an urgent need for Moscow registration. Everyone has their own problem that registration will help solve: work, education, medical care, pension and much more. Due to the fact that for many families purchasing a share in an apartment due to its high cost is impossible, our agency has developed a program that allows several people to unite for the purpose of jointly purchasing a room or share in an apartment.

We are ready to offer our clients rooms and shares in apartments, by purchasing which they can not only register, but also live somewhere. No one will ever be able to deprive you of permanent registration at your place of residence. The selected share in the apartment will be at least ¼, registration of its ownership is carried out under a notarized agreement for the purchase and sale of a share of the apartment for several clients who need permanent registration at the place of residence.

We select inexpensive apartments on the outskirts of the capital or in New Moscow. By purchasing a share in an apartment through our agency, you will have the opportunity not only to obtain a Moscow registration, but also real space in the apartment on which, if necessary, you can always stay or store your things. You will personally know each co-owner “neighbor” and will be able to negotiate the terms of use of the shared space. One option may be to rent out, since the shares purchased for registration will correspond to a separate room.

A share in an apartment, by purchasing which you can obtain permanent registration, is not cheap, starting from 250,000 rubles. But this is not wasted money, but a very smart investment. We must not forget that initially the cost of a share in an apartment is 50% of what can be obtained by jointly selling the entire apartment and distributing the money in proportion to the shares.

Investments in the share of an apartment are today one of the most reliable and highly profitable. Many people make decent money from this type of Moscow real estate. Almost every apartment that is in shared ownership, even after 5-7 years, will be sold jointly. This means that, having spent, for example, 250,000 on a share in an apartment, you will receive 500,000 in the future.

Call us, we will advise you in detail about Moscow registration.

Registration of registration in a housing share

To register for a share of housing, you will need to complete the following steps.

Visit the passport office at the address where the apartment is located or go to the migration service department. Those present must include all shareholders and the person who plans to register. If any of the shareholders cannot come to the passport office on the appointed day, he will need to send a representative in his place using a power of attorney certified by an employee of the notary agency.
Provide the necessary package of documentation and provide consent for registration in writing.
On the specified date, visit the Ministry of Internal Affairs, where the department staff will put a registration stamp.

The registration procedure can be carried out at the MFC or on the government services website. After the uploaded documents are approved, you will need to affix a stamp indicating the changed residential address.

If registration needs to be done for a child under 14 years of age, then he does not have to be present during the procedure - his interests are represented by his parents or guardians. Children from 14 to 18 years old must be present along with the rest of the shareholders, signing the application along with other participants in the procedure.

When the parent of the registered child is the owner of the property, other shareholders do not have the right to interfere with the procedure. If the person being registered is the spouse of one of the owners, then the consent of the other owners is required (except for shares allocated in kind in communal apartments).

Why do you need registration without residence?

Temporary registration means registration on a temporary basis, which does not imply deregistration from permanent place of residence. Why then is it needed at all? The answer is simple - if a citizen of the Russian Federation does not have permanent registration at the address where he permanently resides, but has registration in any other place, after 3 months he will have to apply for temporary registration.

On the one hand, it is not very convenient, on the other hand, it is a real solution to many problems.

Thus, the presence of temporary registration allows citizens to live in any region of the country, even if they do not have housing. At the same time, they will not have to visit the migration service every three months, as is customary in all other cases.

Required Documentation

Applicants will need to prepare the following documentation package:

Russian Federation passport (if registration is issued for a child under 14 years of age - a certificate of his birth);
for the military - military ID, registration certificate;
certificate of completion of imprisonment for those who were previously deprived of liberty;
title documentation for a share in housing (but if the apartment is registered in Rosreestr, then the owners do not have to present anything);
written consent for registration from the property owners;
application for registration with registration of the share in which the owner does not plan to register.

The registration application must provide the following information:

the name of the registration authority to which the applicant applies;
information about the applicant;
address of housing location;
grounds for registration;
consent of the remaining owners and their signatures.

The legislation does not provide for a strict template for writing owner consent, but you will need to provide the following information:

owner's passport details;
registration address;
consent to register a new person;
information about the registered person;
date of writing the consent, signature of the owner.

If the document does not specify a statute of limitations, then this period is absent. But consent can be urgent if it was issued by an employee of a notary agency.

If the owner has a passport with him, then in the presence of a passport office employee, he can express his consent orally, without drawing up a document in writing.

There is no fee for carrying out the procedure for registering a person at his/her residential address. When registration is considered in court, you will need to pay a state fee of 300 rubles. If the court ruling is positive, the defendant will be required to pay all financial costs.

How to properly conduct a section

Property can be divided with the consent of all copyright holders, and in its absence, on the basis of a court decision. If there is only one owner, he himself makes this decision. Note that if there are several owners, it is almost impossible to make a division exactly according to the size of the shares. Therefore, the owners of the original property will have to agree on the order of division. For example, a cash payment may be provided to compensate for the difference in the area of the newly formed facility and the size of the share.

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How you can and cannot divide real estate

Division in kind is possible if it is possible to ensure isolation and separation of the objects being formed. These signs consist of the presence of a separate exit to the common areas of the building or directly to the street, and the fencing of the internal volume of the premises with structures. It is not possible to achieve compliance with these requirements for every object. Therefore, at the initial stage, experts and technicians. designers and engineers conduct surveys, study the possibility of division, its options.

There are a number of prohibitions and restrictions associated with certain types of objects and their mandatory characteristics. For example, when dividing apartments, it is necessary to ensure the minimum required living space and natural light standards, the availability of a kitchen and bathroom for each new property, and compliance with sanitary and hygienic requirements. Therefore, residential real estate can be divided only in exceptional cases, and without the consent of the housing inspectorate, this is generally impossible to do.

For each new premises after the division, a technical plan must be prepared. Based on this document, Rosreestr will register the property for cadastral registration.

What project should I order?

If the division of real estate is carried out by forming new objects, construction work can only be carried out according to project documentation. Depending on the list of upcoming work and the features of the object, you need to order the project:

for reconstruction, if as a result of the work the main characteristics of the building will change (for example, if, when creating new premises, an extension is made, a new floor is erected);
for redevelopment/reconstruction, since the formation of new objects is associated with a change in the configuration of the original premises, the transfer of plumbing equipment and utilities.

In the above two cases, the list of works and the requirements for their safety are significantly different. For example, it is almost impossible to carry out reconstruction without temporarily decommissioning the facility, and work can begin only after examination of the project and obtaining permission from the state construction supervision. Redevelopment, on the contrary, is carried out within one room or with a partial impact on the common property of the apartment building, load-bearing structures and external walls of the building. Therefore, it is easier to coordinate such work.

Approvals, construction work

To be divided during reconstruction, the project must be sent for examination. After receiving a positive expert opinion, you must contact the state construction supervision office and obtain permission for construction work. After completion of the work, the same department issues a permit for import into operation. Additional approvals may be required with resource supply organizations and other departments.

When remodeling, the approval section may require:

with the owners of apartment buildings, since it is necessary to carry out work on common property, to provide separate exits from each new object;
with the housing inspection, if the division is carried out in an apartment building;
with the SES, if you need to confirm compliance with sanitary, epidemiological and hygienic standards.

Approvals may require documents from the BTI (technical passport, floor plans), technical expert opinion on the safety of load-bearing structures. To speed up the approval process and avoid refusals, it is better to use the services of our specialists.

The newly created room must be isolated and separate. For this purpose, a separate exit is made to the street or to common areas in the building.

Technical plans for new facilities

The division with the redistribution of shares does not entail changes in the characteristics and configuration of the real estate. Therefore, in such cases, there is no need to contact a cadastral engineer and order a technical plan. For each newly formed premises, on the contrary, without this document it is impossible to register and register with Rosreestr.

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To prepare technical plans, the engineer will take measurements and surveys, indicate the coordinates and characteristics of each room in the text description and on floor plans. The information specified in the technical plan will be transferred to the Unified State Register by Rosreestr employees. From our company you can order technical plans for any real estate, including their division.

Section of the property and registration in Rosreestr. Questions to the expert

Soloviev Petr

Expert in the field of certification, cadastre, real estate and design. Higher legal education, more than 10 years of work experience.

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Question to the expert

Is it possible to start dividing real estate if the second owner refuses to sign the agreement? Is it possible to oblige him to make a division through the court?

Before starting design and work on the division, it is necessary to resolve disagreements between the owners. In particular, in court it is possible to determine the specifics of the division, the exact size of the area for each owner, and other nuances. Based on the court decision, you can order a project and begin work.

Rosreestr denied us cadastral registration of premises after the division. We presented the project and the work acceptance certificate, but they demand technical plans from us. Is Rosreestr right?

Yes, in this case, refusal of cadastral registration after division is legal. The basis for registering a new object for cadastral registration is the technical plan. It must be issued for each new premises after division.

The law says that a property must be isolated and separate. Are these signs also checked during division?

Yes, these are mandatory requirements for recognizing new premises as independent real estate objects. Signs are provided by erecting enclosing structures and arranging a separate exit.

When can you sell or rent out premises formed after the division of real estate?

Any real estate transactions are allowed only after the property has been registered in the cadastral register with Rosreestr. Information about the object and its cadastral number must be in the Unified State Register of Real Estate.

If the co-owners are against

The legislation allows registration without the consent of the other co-shareholders if the person being registered is a minor child of the share owner or the owner himself plans to register. Also, without consent, the procedure can be carried out with a share allocated in kind, which is a separate dwelling.

In other situations, if the owners disagree, there are 2 options for further action.

Allocate property in kind. This method is optimal if the subject of the dispute is a premises that has separate living rooms. It is necessary to be able to carry out redevelopment so that exits and communications are non-intersecting.
Sell or donate part of the share to a person who intends to register in it. In the case of a sale, one should take into account the fact that the shareholder has the right of first refusal, that is, he can agree to the offer to buy the property. When registering a deed of gift, the consent of the owners is not required. The disadvantage of this method is the following: the new owner of the share acquires the legal right to dispose of it as he pleases.

In the latter case, it is necessary to take into account the fact that if the donation was not made for relatives, then you will need to pay 13% personal income tax on the price of the transferred property. In a situation where the donation covered the purchase and sale transaction, the remaining co-shareholders have the right to initiate legal proceedings, as a result of which the transaction will be recognized as a sham and terminated.

How to register if co-owners are against

If it is impossible to obtain the consent of the co-owners for registration, but it is very necessary, this issue can only be resolved by donating a share of your share. Let's look at this nuance with an example.

Anna is the owner of half of a two-room apartment. The other half is owned by her ex-husband. Anna is marrying Alexei and wants to register a new husband in her living space, but her ex-husband is categorically against this. Anna gives Alexey 1/20 share of her half. And it turns out: Anna is the owner of 19/40 shares of the apartment, Alexey is the owner of 1/40 shares of the apartment. But the ex-husband’s share does not change. Now Alexey, as the rightful owner of a share in the apartment, can freely register in it.

You may ask - what to do if Anna and Alexei separate and she wants to get her share back? This won’t be difficult either, but Anna will have to spend money.

Due to the insignificance of Alexey’s share and the absence of the possibility of separating it, the court may make a decision on Anna’s claim, which will deprive Alexey of ownership of 1/40 of the share, and collect compensation from Anna in favor of Alexey. If the cost of an apartment with an area of 60 m² is two million rubles, the compensation will be about fifty thousand.

For reference. There are also risks in these actions: it is impossible to count on the court doing exactly this one hundred percent, because according to Article 67 of the Civil Procedure Code, the judge evaluates evidence not only based on the law, but also according to his inner conviction.

And what they are, these beliefs, we cannot know. And the ex-husband can declare in court that he is ready to buy out the share.

How to evict an unpleasant neighbor

Sometimes the neighborhood brings a lot of problems to other sharecroppers. The question arises about the forced eviction of such a neighbor, especially if his residence nearby poses a threat to minors.

There are two legal ways to evict a neighbor - challenge his right of ownership of the share by going to court, or offer the person to buy out his share at market value. After the sale and purchase, the neighbor will immediately need to vacate the premises.

If an interested party goes to court to evict a person, the plaintiff will need to prove the illegal acquisition of the right to a share in the housing. For example, the defendant deceived the previous owner or, under the influence of threats, forced him to sell his share. It is necessary to contact a professional lawyer, since it is difficult to prove anything in such cases.

In a situation where the court makes a positive decision on the plaintiff’s application, the neighbor is deprived of his rights to living space.

Let's sum it up

Domestic legislation allows registration in an apartment and with shared ownership. In general cases, this requires the consent of the remaining shareholders, drawn up in writing. If a child of one of the owners is registered, then no consent is required.

To register a person in an apartment, you will need to visit the passport office at the address where the housing is located, providing the employees with all the necessary documentation.

If the shareholders do not agree to register a new person in the apartment, then the owner has 2 options - to allocate the property in kind if the appropriate technical capabilities are available, or to sell/donate the share to the person who planned to register in it. The last option is riskier.

Design nuances

Since registration in an apartment with shared ownership requires the presence of all apartment owners, the procedure looks quite complicated. But the law allows you to simply obtain the written consent of each co-owner of the apartment, and then their presence at the passport office will not be necessary.

If the owner himself registers in his share or registers a child in it, then the consent of the co-owners is not necessary at all. But if the child is over 14 years old, he must sign the registration application and personally visit the department of the registration authority together with the parent.

Registration in an apartment in shared ownership. Peculiarities