The law obliges citizens of the Russian Federation and foreigners located on the territory of Russia to notify migration services of their location. There is a registration system for this. The law allows registration both in private residential premises and in those owned by municipal authorities. However, depending on the type of property and the type of real estate, the registration procedure and its conditions vary. We will tell you about the registration procedure for an apartment with shared ownership in this article.
Why does a citizen need registration?
Without registration, a citizen of the Russian Federation cannot officially find employment, and will also not be able to send their children to kindergarten or school.
Registration is a requirement for a number of legal procedures.
Accounting authorities
The registration of citizens of the Russian Federation and foreigners is carried out by the Federal Migration Service. It is to its department that documents must be submitted, after review of which the applicant is given a permanent registration stamp in his passport, or is issued a document confirming temporary registration at a specific address.
Registration procedure and deadlines
After being discharged from the previous month, within 7 days, citizens of the Russian Federation are required to register at their new place of stay. Otherwise they will be punished with a fine.
If you do not have a permanent place of registration, you can apply for temporary registration for 90 days.
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.
Registration in an apartment with shared ownership
The possibility of joint ownership of real estate with the allocation of shares of each owner is determined by Article 244 of the Civil Code of the Russian Federation.
Responsibility for lack of registration comes under Article 19.15.1 of the Code of Administrative Offenses of the Russian Federation.
In the case of registration in an apartment with shared ownership, the interests of all owners of this property are affected. Therefore, the participation of each of them is required. This participation consists of giving written consent to the person's registration. At the same time, from the point of view of the law, it makes no difference whether the person being registered is a relative of one of the owners of the apartment, whether he is a citizen of Russia or a foreigner. The procedure is the same for both temporary and permanent registration.
As for the registration of a minor in such an apartment, he will be registered subject to the registration of the parent in this apartment, if:
- The child actually lives there.
- The apartment was privatized with his participation.
- The apartment was bought using maternal capital, and therefore the child received his share of ownership in it.
At the same time, you need to understand that the child does not necessarily have a share in the apartment in which he is registered.
If other owners disagree
There are a number of situations when you can register a person without the consent of other property owners.
The law allows the registration of a spouse in an apartment where all owners have separate rooms and their shares are allocated in kind.
In this case, their consent to register the share of one of the owners is not required.
Another exception is the registration of the share owner himself. No one's consent is required for this either. The same rule applies to the owner’s children.
Consent of other residents
Registration in an apartment with shared ownership does not require the consent of non-owners of the apartment. That is, if some relatives of the share owners live in it and are registered, their disagreement with the registration of another tenant does not matter.
Rights of those assigned to housing
Many homeowners are afraid to register other people (even relatives) with them, fearing any property claims or other problems from registered citizens. To calm down, you need to read the law.
The rights of the owners are protected. The question of whether a registered person can register another without the consent of the owner has a positive answer only in the case of minor children. That is, simply registered people do not have any opportunity to commit illegal actions with property without the knowledge of the owners. They cannot give, sell, inherit or prevent third parties from moving into the house.
Registered citizens have only the right of use (not ownership) of housing, which implies:
- accommodation,
- possibility of registering children,
- receiving government services.
We recommend that you learn more about what the rights of those registered in the apartment are.
Registration procedure
To register, you need to contact the migration service department at your place of residence. Usually this is the passport office at the police station. In addition to a personal visit, you can order the registration service through the MFC office or the State Services portal. But you need to keep in mind that you will still have to come to the passport office in person to receive a registration stamp.
The peculiarity of registration in an apartment with shared ownership is that it cannot be done by power of attorney. Only the applicant himself can register. The presence of the owner of the share in which the person is registered is also mandatory.
Legislative regulation of the issue
Despite the constitutional right of every citizen to move freely across the territory of the state, changing their place of residence at their own request, people must contact the migration service in a timely manner to obtain registration. Staying outside the apartment register is not allowed, and administrative liability is provided for violating this rule. This responsibility was enshrined in Government Decree No. 713 of 1995.
The following regulations must also be taken into account:
- The Civil Code, which regulates the grounds for obtaining ownership of real estate, as well as the procedure for disposing of housing;
- Federal Law No. 5242 of 1993, which established the procedure for registering citizens for apartment registration.
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.
Coordination
How to coordinate registration with the owner? Do I need a notarized written consent from him?
The agreement is implied during the procedure itself and cannot be avoided.
Of course, consensus must be reached before the transaction . What is the procedure for registration with the consent of the property owner?
Already during the registration process, confirmation will be required that the owner agrees to register a new tenant - he is personally present when submitting documents , signs the application and provides documents indicating his rights as the owner of the property.
What if the owner registers a person without the consent of the registered and other co-owners? Is it possible to do this? Without the permission of the residents (that is, registered) - yes, but if the square meters are in shared ownership - no longer, you will have to obtain their official consent .
You can learn how to register a person in an apartment without his personal presence in our article.
Which authority should I contact?
In Russia there are three organizations authorized to carry out registration at the place of residence:
- Department of the Federal Migration Service.
- Passport Office.
- MFC.
Foreigners or citizens of the Russian Federation who have moved from other regions of the country are required to register with the FMS.
You can also submit documents for registration in an apartment with shared ownership through the State portal class=”aligncenter” width=”700″ height=”400″[/img]
Set of documents
You must submit to the registration authority:
- Applicant's passport.
- Birth certificates of children or their passports (for children over 14 years old).
- Military ID or registration certificate.
- Certificate of release from prison (for those whose criminal record has not been expunged).
- Statement.
The owner of the share in which the person is registered must provide a title document for this property.
If a person who lives in the apartment but is not its owner wants to register a relative, then he must provide:
- Lease agreement.
- Written permission from the owners.
- Statement from the owner of the share, which indicates the period of planned stay in the apartment of the registered person.
For temporary and permanent registration, you need to fill out different application forms.
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.
Registration in a communal apartment
The registration processes in an apartment with shared ownership and in a communal apartment are similar. The owners live in the communal apartment under a social tenancy agreement. Their personal accounts are also separated. Communal apartments can be owned by the municipality or citizens.
According to Article 42 of the Housing Code, a share in the common ownership of property in a communal apartment is equal to the ownership of a room.
But, unlike an apartment with shared ownership, the co-owner of a communal apartment does not have to obtain the consent of its other owners to register a new tenant in his room.
It should be taken into account that although the law does not provide for a minimum size of share in which you can register, it will not be possible to register in too small shares of apartments (for example, with an area of 2 square meters). Registration authorities most often refuse in such situations. This is due to the fact that, wanting to register in the capital, people began to buy such tiny shares precisely to achieve this goal.
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.
Temporary registration
Thus, to obtain temporary registration, the following documents are required:
- passports of the owner (owners) and the person applying for temporary registration;
- written consent of the owner or all owners;
- statement from the owner and all registered citizens in the apartment or house at the moment;
- consent from the housing and communal services department, which confirms the owner’s right to register someone;
- receipt of payment of state duty;
Can I register for my share without the consent of others?
My husband, mother and brother lived in a 3-room apartment. Apartment. The apartment was sold and a 2-room apartment was bought, the owners of which are equal shares of my husband and his mother. The brother received his share in money. My husband lives with me. And his mother and his brother live in the apartment. The brother is registered without the right to living space. Did .
I have a son born in 2007. He lives with me, in a house that is fully owned by my mother. The son is registered with his mother-in-law. I am registered at my place of residence. Can I discharge a child from my mother-in-law and register him at my place of residence without the consent of the owner (the owner is the mother.
Is it possible to register without the consent of other owners
Without the consent of all adults at the time of the events, the owners of the residential premises cannot register anyone.
The only exceptions are minor children, in relation to whom one of the co-owners of the residential premises is a parent or guardian. Such a child will be registered in the living space, in accordance with the norms of Russian legislation, which determines the place of residence of minor children at the place of residence of their parents or guardians. A change in the marital status of one of the homeowners often results in a new family member needing to register their place of residence. However, the other residents or co-owners of the house or apartment do not always agree with this. Then the question may arise - is it possible to register your spouse or minor child without consent. Sometimes this question arises in relation to other relatives, such as parents, siblings or uncles and aunts. Less often there is a need to register a stranger into the apartment.
Is it possible for the owner to register in his share of housing without the consent of neighbors?
If there is no information about the child’s father, you should not use such a person, then you need to go to court. From this, accordingly, you can freely use the services of the owner (certificate of delivery, act of the pension fund), as long as he must fulfill with them all his requests that we have without the participation of their persons, which will not be removed from you.
The husband is the owner of 1/2 of the house, the other half has 5 shared owners. Of these, only one lives permanently, three live in other cities, and the last one has been in prison for two years. The family is dysfunctional and it is unrealistic to get consent from them for registration (we rarely see them, and then only when they are drunk). We want to make a separate house register and register in it. Can this be done at least by the husband, as the owner of 1/2 share, without the consent of the neighbors? At the passport office they insist on the consent of all share owners: (Help, how should we deal with this situation? Is it possible to prove anything at the passport office and how? Thanks in advance.
Registration at place of residence
If you have changed your place of residence, for example, by purchasing a share of an apartment, and intend to live there, you must register there within seven days from the date of arrival in your new home. Registration at the place of residence is completed within three days from the date of submission of the application and is confirmed by a note in the passport or a certificate of registration of the child.
The owner of the share, as well as his minor children, are registered in the apartment without anyone’s consent or permission. Registration of a child obliges him to live in this apartment, but if he lives with another parent, such registration may be considered fictitious.
But it will not be possible to register other persons, even family members of the owner of the share, without the consent of the other co-owners of the apartment, and this is not legal, in accordance with Article 246 of the Civil Code.
For reference. At the same time, the size of the share does not matter, even if it is one millionth.
When is consent not required?
When it comes to registering a newborn
. True, this is only valid if his father or mother are the owners of the apartment or are at least registered there.
However, it’s still better to get the owner’s consent (at least verbal)
. Why? Not everyone reacts calmly to the fact that someone moves into their home “over their head.” An angry owner can simply sell the problem apartment, buy a new one with the proceeds, and then what should the “encumbrances” do?
True, you won’t have to deal with the new owner - most likely he will first ask you to leave voluntarily, and if you don’t want to, he will speed things up with the help of justice (Article 292 of the Civil Code of the Russian Federation), since you are not members of his family.
What consequences might there be for the owner?
By law, people registered in housing are required to actually live at the address where they are registered. If the owners register residents who subsequently live at this address, then this action will not entail any negative consequences for the owners.
So, what will happen if several people register? According to Federal Law No. 376 of December 21, 2013, fictitious registration (when a registered person does not actually live at the place of registration) is punishable by a fine, forced labor, or even imprisonment for up to 3 years. The fine for such a violation is quite serious - from 100,000 to 500,000 rubles.
Read about what other consequences the owner faces if you register a stranger in the apartment, and how to do it here.
If other owners disagree
The ideal situation, in which other real estate owners unanimously agree to the registration of a new tenant in the apartment, does not always develop. The solution may be to issue a deed of gift for part of the living space.
Having received a share as a gift, a citizen will legally register on the square meters belonging to him. This path is much simpler than providing the opportunity to buy a share in an apartment for registration.
Such disposal of one's real estate also has a negative side. The donor may be faced with the fact that the person who received the chance to register in this way will evict him from his own apartment.
You can also segregate your share in court and have it recognized as residential premises. After this, no one’s consent will be required to register in it everyone whom the owner deems necessary. However, such litigation is usually lengthy and sometimes ends in failure.
