Registration when buying an apartment: step-by-step instructions

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Published: 12/05/2017

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Purchasing an apartment almost always means the owners of such premises receive new living space. As a result, the owner can obtain registration at the address where such square meters are located.

• Normative base
• Registration rules
• Registration procedure
• Conclusion

Is it possible to register a person in a mortgaged apartment?

Regarding registration of housing purchased with a mortgage, many disputes and conflicts arise between the bank and the client who took out the loan. Their reason is the lack of direct data in the legislation on resolving this problem.

It is important to know that the law allows you to challenge in court all the terms of mortgage agreements that restrict the right of registration.

From the legal side, the owner of the mortgaged property is considered to be the borrower, and not the lender, since purchasing an apartment with loan money gives the buyer the same rights as when purchasing a home with their own funds. In this case, the financial institution is only the holder of the pledge, and not its owner. Accordingly, the creditor can impose restrictions on the home owner only on certain actions that are prescribed in legislative acts.

Controversial issues surrounding the registration of relatives and other citizens on mortgage square meters are due to the lack of specific regulations in the Russian Federation regulating the registration of the borrower, as well as his relatives at the place of residence.

Many lenders stipulate all conditions in contracts for the provision of mortgage loans, including the registration of tenants in the real estate on the loan.

It is imperative to find out all the bank’s requirements for the possibility of registering other citizens when choosing a lender to apply for a mortgage.

How long will registration take and how much will it cost?

The entire registration process will take no more than 8 days, counting from the day the application was submitted (clause 20 of the Administrative Regulations), and if the applicants applied specifically to the FMS department, and the documents for housing were submitted simultaneously with the submission of the application , then this period can be up to 3 days.

Such a registration service is a state service, and its provision does not require any payment, that is, it is performed free of charge.

Who can be registered?

There is an opinion that registering someone other than the owner in housing that is pledged is only allowed if the loan is fully repaid. This requirement, if presented by the lender, violates the rights of the owner (borrower).

Registering children in a mortgaged apartment

The borrower's children can be registered in such housing. By law, a child must be registered at the place of registration of his parents. The registration of a child is part of the owner’s rights to own and use his own real estate. Therefore, he has every right to register all his children in it.

Registration of relatives

There are also no restrictions in regulatory documents on the registration of close relatives - wife or husband, as well as their parents. But to register other citizens, you will need the permission of the creditor

. You may not receive it, but the lender will have a reason to terminate the contract early - he may demand early repayment of the loan.

To avoid getting into a difficult situation, you need to carefully read the agreement signed with the credit institution. This document may stipulate a requirement for mandatory notification and obtaining permission from him to register relatives. Although such a restriction conflicts with the law.

Registration rules

In order for the owner of a particular premises not to be refused registration in his home, he must comply with a number of rules formulated in the current legislation in the field of migration legal relations:

• The period for registration at the place of permanent residence is no more than seven days from the moment the person is discharged from the previous (if previously the registration was temporary, and the purchased apartment is considered a permanent place of residence) place of residence or place of stay;
• Registration at the place of permanent residence is possible only in the premises that are recognized as residential as a result of passing the appropriate inspection (for example, it was transferred from non-residential to residential; if the premises were characterized by the reverse process, then registration in it will be prohibited);
• You can only register in an apartment or house that has undergone the commissioning procedure. Moreover, if it was purchased with a mortgage, the fact of acceptance of this premises by the owner must be confirmed by the bank;
• In order for the registration to be completed in accordance with current legislation, the owner is obliged to provide original documents confirming his ownership of this premises and the opportunity not to invite other co-owners (if any) to certify their consent to carry out such registration;
• If the owner of the premises is a person under the age of fourteen, then one of the parents of the child or his legal representatives must also be registered with him in the housing in question (if there are no parents or they cannot currently be registered in this living space).

This list of rules applies both to purchased apartments located in apartment buildings and to individual housing construction projects, if such houses are recognized as suitable for permanent residence of people, and the land plots on which they are located belong to the lands of settlements .

The preparation of the boundary plan should be carried out exclusively by a specialist - a cadastral engineer. Where do you need to register the purchase and sale of a land plot and how to do it correctly? Find out about this by reading our article.

You can check the amount of land tax in different ways, including via the Internet. Read more about this in our article.

Is it possible to temporarily register a mortgaged apartment?

Temporary registration of housing under a mortgage is permitted if the lender has established such a rule. Typically, a credit institution provides a clause in the agreement that specifies such an opportunity for outsiders. The law requires temporary registration to be issued to people who change their place of residence for a period exceeding 90 days. This is stated in Order No. 288 of September 11, 2012. Maximum period of temporary registration

- 5 years. Before the expiration of the registration period, such a citizen cannot be arbitrarily deregistered without a court decision.

Is it possible with a mortgage from Sberbank?

The leader in issuing mortgage loans is Sberbank. This financial institution does not prohibit registering relatives and other persons. Mortgage agreements do not contain such requirements. The borrower can register any individual in his property not only permanently, but also temporarily, and he must notify the bank in writing about the registration of these persons in the apartment.

But if he does not fulfill his loan obligations and stops repaying the debt, Sberbank will demand that all citizens registered in the mortgaged housing, including minor children, be deregistered.

Is it obligatory for the owner to register in the purchased housing?

According to Government Decree No. 713, a citizen who received living space as a result of purchase, exchange, donation or inheritance is subject to registration. However, purchasing real estate does not force a person to register in it.

The owner can buy several apartments and residential premises, but he does not need to register in each of them. Permanent registration (registration) is carried out only at one place of residence (address) .

Registration in the purchased property is required if you plan to live in it on a permanent basis. Thanks to registration, the owner will be able to officially receive government services at his place of residence.

The owner does not need registration to use and dispose of the apartment. Thus, the owner must decide for himself whether he needs to register the purchased property. We talked in detail about whether it is permissible to live without registration at the place of residence and the conditions for not having registration in your own apartment.

When can you not do this?

Under any conditions, if you have at least one registration. The law does not oblige citizens to register in each acquired property.

What does the law say?

In accordance with Order 208 of September 20, 2008, during the registration of residents in mortgaged apartments and houses, there is no need to obtain additional consent from the mortgagee for this.

In Art. 346 part 1 of the Civil Code of the Russian Federation, as well as in Art. 29 of the Federal Law on Mortgages stipulates that the mortgagor has the opportunity to use his property pledged under the mortgage at his own discretion in cases that do not contradict the purpose of the property, as well as the norms of the legislation of the Russian Federation.

Art. 209 of the Civil Code of the Russian Federation states that the owner has the rights to own, use, and dispose of his own property. The owner of real estate encumbered with a mortgage is also vested with such rights. But he cannot sell, donate, or in any other way alienate housing that belongs to him, but is pledged, without obtaining the consent of the creditor. All other rights of the owner of such real estate are identical to the rights of persons purchasing apartments with their own money.

Do I need a registration to register the privatization of an apartment?

One person, or maybe several at once, can privatize an apartment and obtain rights to it, but only those who are officially registered there. It follows from this that registration in this case is mandatory. More details can be found in the law on the privatization of state property.

Despite all the disputes and disagreements regarding registration, it is an integral element of the rule of law and everyone, who respects the laws of their country, should follow and obey them for their own good.

• Author: Anastasia
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Features of registration

The borrower can register in the purchased apartment almost immediately after signing the mortgage agreement and registering ownership of it. To register someone else, it is advisable to coordinate your actions with the bank in order to avoid disagreements and possible claims if such conditions were specified in the agreement.

For this purpose, you need to submit an application to the bank for approval of the registration of certain persons, indicating all the data of the citizen being registered, as well as whether he is related to the applicant.

After considering the application, the bank will make its decision and inform the client about it.

Restrictions

Each credit institution has its own regulations that address registration issues. Therefore, by carefully reading the mortgage agreement, you can find out what restrictions the bank imposes on a borrower who wants to register relatives or other citizens.

Can banks issue conditions for restrictions on registration?

It’s easy to get permission to register your own relatives from creditors. But if they want to register a stranger, they may impose restrictions

, the bank may refuse to register it. Such actions by the lender are explained by its desire to minimize its own risks if the borrower stops fulfilling its loan obligations. But these actions are quite controversial.

What are the deadlines?

From the date of registration of ownership rights to residential premises, the time during which new residents must register begins to count.

This period is determined by clause 81 of the Admin. FMS regulations and is 7 days (from the date of arrival at the next address). It is during this time that you need to apply for registration.

Read more about the period given for registration after being discharged from the previous place of residence, and you will learn how long you can live without registration from this article.

How to register?

Regardless of which credit institution issued the mortgage loan, registration in mortgaged housing is no different from registration in any other residential property - donated, inherited, purchased with your own funds.

The only difference is the foundation agreement.

What is necessary?

For permanent registration, you need to sign out from your previous place of registration. If registration is carried out in the same locality as the extract, there is no need to prepare an extract in advance; the registration along with the extract will be carried out automatically by the passport officer. But often this process drags on for a long time, so it is advisable to solve this issue yourself.

Next, you need to submit an application to the registration authority by filling out a standard application form. Instead of children under 14 years of age, their parents must apply. You need to indicate the basis and attach all documents to it.

Required documents

• passports of those who register;
• departure sheets. If there has been no deregistration, it will be enough to have a stamp in your passport;
• marriage certificate (for family members);
• for a minor - birth certificate;
• a copy of the document confirming the right to property.

Step-by-step instruction

Registration is carried out in stages:

1. Take the documents to the passport office and fill out form No. 6 to submit to the passport officer.
2. If you are checking out and registering at the same time, you must fill out a tear-off form.
3. If deregistration was carried out earlier, you must also submit a departure slip to the passport officer.
4. If it is not the owner who registers, you must provide permission from the owner of the apartment.

If the owner is not registered in the apartment, his presence is required. Registration is carried out within 3 working days.

Taxes and bills

Is it necessary to register in the purchased apartment? No, but this does not mean that the homeowner will be exempt from taxes and payment of utility bills.

All these obligations are imposed on the owner of the apartment, regardless of where exactly he is registered. Therefore, you should not think that registration affects the tax obligations of homeowners.

About registration accounting

Is it possible to buy an apartment, but not register in it? First, let's figure out what registration is and why it is needed.

In Russia, legislation indicates that all citizens staying in the country for more than 90 days must be registered in one or another housing. Registration can be either temporary or permanent. The main thing is that it exists.

Registration records not only allow you to monitor citizens and their movements, but also allows you to:

• receive management services at your place of residence;
• arrange benefits, payments and other government/municipal services;
• use free of charge medical institutions assigned to a particular region.

Therefore, everyone should have registration (temporary or permanent). The advantage of permanent registration is that if we are talking about non-privatized housing, residents will be able to participate in privatization and in the future they will be entitled to a share in the apartment.

How do I register for my own premises after purchase?

Migration issues are dealt with by the Main Directorate for Migration of the Ministry of Internal Affairs. Documents can be submitted in person, through the MFC or the passport office of the Criminal Code. You can also fill out the application yourself on the State Services portal. You need to take several standard steps to register in your own apartment :

1. To change your registration, you must check out from your previous place of residence and receive a departure sheet. If, during registration, you indicate a request for an extract in the application, then it is not necessary to register first. The registration authority will take care of this on its own.
2. Appear at the territorial department of the Main Department of Migration Affairs of the Ministry of Internal Affairs (or another institution where registration is possible) at your new place of residence and fill out application No. 6. Minor children under fourteen years of age cannot fill out and complete the application on their own. Their legal representatives do this for them.

After completing all of the above procedures, you are considered officially registered in your new home.

Registration in the purchased property is not a mandatory procedure . The main thing is that you have a permanent place of residence where you are registered, since the lack of registration is punishable by law. However, for owners of residential space, registration gives the right to use municipal services, open and register an individual entrepreneur, and much more. For ordinary cohabitants, registration is only formal.

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Even if you don’t register, you will still have to pay utilities

Some people think that if the owner does not live in the apartment, then he should not pay anything. Actually this is not true. Clause 11 Art. 155 of the Housing Code of the Russian Federation - non-use of premises by owners, tenants and other persons IS NOT grounds for non-payment of payment for residential premises and utilities

.
The owner is obliged to pay for the maintenance of common property - Art. 39 and art. 158 LCD. That is, for major repairs, cleaning the entrance, garbage removal, maintenance of the local area, and so on
. If there are no meters, then for water and heating.