How to register a minor child in an apartment

According to the laws of the Russian Federation, if a child is under 14 years old, he is automatically registered with one of the parents. If the apartment is owned by other people, then the procedure is carried out in any case, but in order to carry it out it is necessary to fulfill some requirements and collect a package of documents.

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Advantages of registering at your place of residence

Parents’ concerns are relevant – are there any restrictions on registration and whether it can be avoided. After all, every person registered in a living space, no matter how small, influences the calculation of utility consumption and other important indicators.

Current legislation requires citizens to register from birth. A newborn child is a citizen of Russia, and timely registration will avoid administrative penalties - a fine.

The baby needs services - kindergarten, school, medical care. All procedures require registration at the place of residence. Without it, it will be difficult to obtain services and respect the rights of the child.

How to register a minor child in another apartment

It often happens that a child comes to stay with a relative for a long period. You must be assigned to a clinic and go to school at your current place of residence. Temporary registration will save the situation. To complete it, you will need the presence of the child’s mother or a notarized written permission from her.

A minor child can be registered in another apartment with the consent of the mother. The father will be required to fill out an application to register the child. If the mother refuses to register, government authorities have the right to refuse to register the baby. An exception is a court decision to transfer parental rights to the father, not the mother.

To discharge a child from one apartment and then register him in another, you will need:

Approval from guardianship authorities. After moving, the child’s standard of living and his share should be at least no worse than the previous conditions. Preferably better. Guardianship authorities are required to check the level of suitability of housing and approve the discharge of a minor. If the child is ten years old, his personal permission will be required.
Speed. It is necessary to fit the child into the new apartment immediately after checking out from the old one.

Registration of children: options and life situations

The rules by which a newborn is registered at the place of residence in 2021 provide for various life circumstances.

Sometimes relatives or owners of residential premises are “against” the registration of a child, sometimes, on the contrary, grandparents want to register their grandchildren with them in order to qualify for improved living conditions.

The ideal option is when the parents are registered and live together, but complete families registered at the same address are not always found. In this case, the place of residence of children in the event of separation of parents is established according to the requirements of the law and mutual agreements.

We will consider the main situations for which the procedure for action is legally approved.

If parents are registered at their place of stay

A fairly common situation is when a young family lives in a rented apartment under a rental agreement. The documents define the terms of registration.

In this case, the child is registered together with them (or one of the parents, if only one is registered). The father or mother needs to contact the local passport office with a corresponding application. The owner puts his signature on the papers. However, this is more of a notification than a permission: the landlord has no right to prohibit the registration of a minor.

Some homeowners do not want to register a family with a child in their apartment, fearing claims for living space and other troubles. Any lawyer will tell those who are particularly wary that under a temporary lease agreement no one will be able to take away his property, but he will face a fine for citizens living in their premises without registration.

In addition, the owner’s persistence in this matter makes the life of a family with a child problematic. After all, they will not be able to go to the clinic or process payments. So here, too, we need to appeal to humanity.

Both parents are permanently registered at the same address

If the father and mother are “permanently” registered at the same address, registration at the child’s place of residence after birth will take place here, and the parents do not have to be homeowners.

As in the case of temporary registration, the owner of the apartment will not need consent to register a small citizen in his living space. We wrote about the arguments and procedure in the event of the owner’s refusal to sign the accompanying documents in the previous paragraph.

In addition to personal presence and a handwritten signature, the owner of the apartment can also certify consent to registration with a notary. The document has legal force, and the owner does not have to come to the passport office in person.

Parents are registered at different addresses

The greatest number of controversial issues arise if parents have registration in different places. In this case, the issue of registering a small citizen is resolved by mutual agreement or in court. Government authorities make decisions based on the interests of the child.

Registration at the place of registration of the mother

The child traditionally lives more often with his mother. Therefore, we will consider the option of “addressed” registration of a child in the case of parents’ registration in different places using the example of just such a situation. This implies that the father and mother have a good relationship (whether they are married or not) and there are no disputes regarding the place of residence of the son (daughter).

Probably, not everyone knows how to register a newborn at the place of residence; the mother, for example, needs to fill out an application with a request to register the child at her address. In addition, the father needs to attach his written consent and documents that prove that the baby is not registered with him. This could be an extract from the house register or a certificate from the place of residence.

Registration at the place of registration of the father

Similarly, by mutual agreement, the child’s registration is issued at the place of residence of the father, who writes an application requesting registration, and a certificate is taken from the mother that the child is not registered at her address. In this case, the mother also needs to write a statement of consent to register the baby in the father’s living space.

However, situations are different. Since the courts and the public most often side with the mother, and she does not want to sign the consent, in case of controversial issues, the father will need to prove that it is more appropriate to register the child with him.

If there is no father's consent, how to register the child with the mother

The father may also refuse to consent to the registration of the child at the mother’s place of residence. The information and reference portal “State State” states that if the baby is registered in the mother’s living space (or at her registered address), only her application is needed. A separate consent document from the father is not required.

However, in fact, the authorized bodies refuse to register a child at the mother’s place of residence if the father is registered separately and has not given written permission. What to do in this case? According to the law, this situation is not legal, therefore, the passport office’s refusal to register can be appealed in court by providing strong evidence of the unfair actions of the former spouse.

No additional consent will be required to register a child if the marriage has not been registered and the father is not included in the child’s birth certificate.

Mom also needs to know that additional consent from dad is not required if he:

deprived of parental rights;
died;
declared missing or incompetent.

Registering a child with the father, if his relatives are against it

If the parents are divorced and the mother does not have permanent registration (or it is temporary), it would be logical to register the child with the father. The relatives with whom he (the father) lives may be against it, since, in their opinion, in such a situation it is possible for the mother to register at the child’s place of residence.

To be fair, it should be noted that the child’s mother cannot lay claim to their living space, because the baby’s registration with the parent occurs without hindrance, but not vice versa. So the relatives’ fears are unfounded: the baby’s mother can move into their living space only with their (the owners’) consent.

In addition, the mother has no legal grounds to demand that the baby be registered at the father’s place of residence. There are no provisions in the regulations according to which the father can be obliged to register the child at the place of residence of the parents. This can only be done upon his personal application.

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If relatives want to register the child with them

Another common situation: a young family lives with their parents. In this case, the child is registered at this place of residence only if the mother or father is registered.

Sometimes the good goals of relatives regarding the registration of a small family member can be combined with practical intentions:

claims for a subsidy for housing and communal services - the amount of assistance is calculated based on the number of registered residents and their total income;
deliberate deterioration of living conditions - according to sanitary rules, a certain area must be allocated for each person in a living space. If this standard is not met and there are a lot of people “huddling” in the apartment, the family can apply for improved living conditions. This is stated in Art. 51 of the Housing Code of the Russian Federation. It is for this purpose that the father may be registered at the child’s place of residence;
the desire to receive a larger amount of compensation or additional living space when demolishing a house in disrepair - the homeowner mistakenly believes that the greater the number of registered persons, the greater the amount due to him when moving from the disrepair premises. However, his calculations and expectations in this case are incorrect and in vain: the amount of compensation is calculated exclusively from the market value of the housing and does not depend on the registered residents.

In any case, when registering with such relatives, parents must take into account, first of all, the child’s interests and needs.

If the child was born abroad

A separate case is if a child is born to Russian parents outside the state. When returning home to register for registration at the address of the father or mother, problems may arise. This is due to the fact that when crossing the border, a person (even one born a few days ago) must be a citizen of some country. What to do in this case?

It's simple: parents need to get a certificate from the maternity hospital with all the information about the baby and contact the Russian consulate. In this case, the child will be granted citizenship by birthright, since the parents are citizens of the Russian Federation.

After arriving home, you should visit the GUVM office to register.

Is birth registration required?

The birth of a new Russian citizen implies payments to parents for his feeding and accommodation - maternity capital, etc. In order not to lose these payments, you will need to register your newborn child in the apartment.

At the legislative level, there is an obligation to register a person at his place of residence in the first years of birth - in order to comply with fertility statistics. Services available after the baby is registered:

Registration in educational institutions - school, kindergarten, clubs and clubs.
Participation in the “young family” program. The program provides housing on a first-come, first-served basis in the family's region of residence.
One-time payment for the birth of a child. The payment amount varies in different regions.
Monthly regular payments for children's needs. The amount of payments should be checked in local laws on social support for families.

It is advisable to register a child in an apartment from an early age - in the first month of life. This way you will not break the law and will receive all government payments.

You can find out whether the child is registered in the apartment by contacting the passport office, where you should create an extract from the house register. With the necessary information.

Registration of a child aged 14 to 18 years

In the case of partially capable persons (children from 14 to 18 years of age), the rules for registering minor citizens at their place of residence imply taking into account their opinions when resolving controversial issues. This means that if the parents divorce, the child can choose who to live with and where to register. The application is filled out in person, and the identity document is no longer a birth certificate, but a passport.

From this age, he can also register with other relatives, for example, with his grandparents, although separately from his parents, but also with their written consent.

What type of housing can a child be registered in?

Registering a minor child in an apartment with his mother is one of the existing options for obtaining registration for a child. It will not be possible to register a child under 14 years of age alone; the father has legal rights only if paternity is recognized.

If the parents are not married, the legal representative, by default, is the mother. The father must confirm paternity or be married to the baby's mother. Otherwise, he will not be able to register his child. Then the mother registers the child with herself.

Regular registration of a new tenant requires the permission of all owners. When registration is done for a child, the procedure is simplified, since permission is not required to register a minor at the parent’s residence address.

In addition to standard situations, sometimes it is necessary to register a child in a non-privatized apartment - a municipal one, which is provided to the family under a special rental agreement. There will be no problems with registration - no permission is required for the child.

Registering a child in a seized apartment will not bring any problems.

Is it possible to check out and register at the same time?

Since children, especially those under 14 years of age, must live with their mother and father, parents do not have the right to leave them alone at the place of registration. Checkout is done at the same time. But at the same time, it is necessary to take into account the opinion and permission of the guardianship and trusteeship authorities (that is, even before the move, find a place of residence).

To obtain permission to extract, as mentioned above, it is necessary that the new living space meet certain requirements.

To avoid the risks of refusal of registration or permission for it from the PLO, many lawyers advise one of the parents to be discharged and registered at a new place of residence before the change of registration of the minor and his spouse.

In order to register a minor, you must contact the authorized authorities. Registration of minors (under 14 years of age) can only be done at the registered address of their father or mother. For a minor 14-18 years old, the place of registration can be not only the parental home, but also the living space of other relatives or other living quarters.

How does the registration procedure work?

You can go through the registration procedure in several organizations:

MFC. Contacting the MFC is a convenient way to quickly register a child in an apartment without queues. The organization works 5/2 and all documents are submitted immediately in one window, which eliminates bureaucratic red tape and wasting time distributing documents to different authorities. If the client has any questions, MFC employees will advise and help collect a package of documents.
Department of the Main Department of Migration Affairs of the Ministry of Internal Affairs. The procedure for submitting documents formally takes place as in the MFC, the data is sent to the same migration service. The only difference is the convenience of the first option in terms of time and location of MFC centers.
Government services portal. The main convenience is submitting documents online. You can apply at any time of the day, saving time on travel and paperwork. Disadvantage: to complete the procedure, you will have to come to the department in person to get documents.

Where can I go to register my child?

The answer to this question is unequivocal in any branch of the MFC in the corresponding locality. It is possible in another city/settlement. Then it will be an extraterritorial appeal. The procedure will take longer.

Deadline

if the child is discharged from the previous address - 7 days from the date of discharge;
if a newborn is registered for the first time - 7 days from the date of receipt of the birth certificate, but no later than one month from the date of birth (otherwise the procedure for submitting documents will not be simplified).

In the second case, the legislator does not set clear deadlines; they are taken from established practice. Therefore, there is no liability for their violation. Just as there is no provision for liability in the first case, since a child cannot be brought to administrative responsibility until he turns 16 years old.

Documents required for registration

To register a child in an apartment, a number of documents are submitted to the MFC or the Main Department of Migration Affairs of the Ministry of Internal Affairs. To apply, the presence of one family member is sufficient. If the father is not the legal representative of the offspring, the mother must give consent to the father’s registration.

Documents required for child registration:

Identity cards: for adults – passport. For a child - a birth certificate.
A certificate from the parents' department with information about weight, height, blood type and other information about the new person.
Confirmation of marriage - if the marriage took place.
Certificate of personal account.

A document that will be different for different types of housing:

Apartment: extract from the registration log.
Private house: an extract from the house register, which is kept by the owner of the property. If a private house is rented to a family, the owner will have to provide a house register to register the new person.

If all documents have been collected and submitted correctly, the registration procedure is completed by the end of the day. The maximum duration of procedures is a week.

How to apply - step-by-step instructions

When it comes to a child’s initial registration or change of place of residence, this must be done within 7 days. Missing this deadline may result in an administrative fine. Let's consider the procedure for obtaining registration.

Where to go?

To register a child, you can submit a package of documents:

directly to the Main Department of Migration Affairs of the Ministry of Internal Affairs;
to the passport office of the Criminal Code at the place of residence;
in the MFC;
to the State Services portal.

Submitting documents through the MFC has become increasingly popular in recent years. The procedure is no different from its implementation with the help of conventional government agencies. The list of documents is the same everywhere. The advantages of filing through this body include:

processing time no more than 1 week;
there is no need to make copies of the information yourself (they will be made by the Center’s specialists);
no queues and convenient submission of documents through one window.

Through the State Services portal, all information is transmitted online, but this method will not save you from going to one of the specified authorities, because Original documents must also be provided.

Package of documents

To carry out initial registration at the place of residence or registration of parents (one of the parents), the following documents will be needed:

child's birth (or adoption) certificate;
parents' passports;
marriage registration certificate;
applications and parental consent for registration;
certificate from the Unified State Register of Real Estate.

This is just the main list. Other documents may be required depending on the conditions and nuances of registration.

Terms and cost of registration

Registration for citizens of the Russian Federation is free of charge. The waiting period depends on the method of submission:

MFC – within 1 week;
Main Department of Migration Affairs of the Ministry of Internal Affairs - 3 days;
UK passport office – from 7-10 days;
State Services portal – up to 3 days.

We recommend that you look at our articles about whether it is possible to place a child in a preschool educational institution or school without permanent registration, as well as where to get a certificate of registration of a child in Form 8, and what is needed in order to obtain it.

Temporary registration at the place of stay

There are cases where a family lives for a long time in a place other than their permanent residence. To avoid problems, you will need to temporarily register the child in an apartment at the place of residence - this will allow you to attend school, a clinic, etc.

Temporary registration is made for a period not exceeding 3 years. You will not need to leave your place of permanent residence. If more than three years are required, the procedure can be repeated after the end of the three-year period.

It is mandatory to have at least one of the parents registered at the child’s temporary registration address.

The processing time for documents will take from a week to a month.

Registration for rented living space

Even if the parents do not have ownership rights to the housing in which they intend to register the child, there is no need to obtain documentary permission from the current owner. However, this rule applies only to the first registration, and then when changing the place of registration, such permission will be required.

Moreover, if parents rent housing, nothing prevents them from temporarily registering their child there. This possibility is provided for in Art. 70 of the Housing Code of the Russian Federation. It is useful to know that the landlord’s written consent is also not required in this case. True, it is possible that the migration service will require a statement from the owner of the apartment and even ask for his personal presence when submitting documentation for registration.

If the tenants are responsible people, it is not difficult to convince the owners of the need to appear on the appointed day and sign documents, since, as is known, they are the owners responsible for people living in their apartments without registration. It may be necessary to provide some clarification and also explain to them that the child will have no bearing on the right to housing and will automatically be de-registered after the specified period.

If the parents are not registered anywhere

It is impossible by law to register a newborn child alone if the parents are not registered anywhere. Parents will have to register in their own name. Temporary or permanent. If a family rents housing, the consent of the owner and an application from him, and a document on the right to use the residential premises - a rental agreement signed by the parties - will be required.

A minor child can only be registered in an apartment with his mother or father. One will not work.

After reaching 14 years of age, the child can be registered without parents, for example, in an apartment with a grandmother or other relatives. To do this, you will need to issue a guardianship or power of attorney.

On what grounds?

The basis for registering a newborn or a minor child under eighteen years of age are two points:

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Application for registration;
A place to register and stay.

However, each of these points is associated with a certain number of actions. For example, simply submitting an application is not enough. It is necessary to prepare a certain package of documents for it, and this is often associated with trips to government agencies, especially when paper issues were not dealt with in a timely manner and now they need to be restored or obtained from scratch.

As you know, without registration it is almost impossible to place a child in a kindergarten, educational institution or register at a clinic. Many social benefits and subsidies are also becoming unavailable.

In the Civil Code of the Russian Federation, a person’s place of residence is recognized as the premises where he lives permanently or primarily. It does not matter who is the owner of this premises and what relationship the owner has with the registered person, since it can be a house or apartment rented out under a long-term lease agreement that has been formalized. At the same time, it is impossible to register a child separately from the parents of a minor, a newborn or his guardians.

How long does registration take?

The maximum period for processing documents is three months. During this period, parents must submit all documents to the necessary authorities. If the deadline is missed, paper will be required explaining why the delay occurred. Otherwise, you may run into administrative punishment. Without objective serious reasons, the fine can reach up to five thousand rubles.

About timing and cost

It very rarely happens that a newborn or a minor is registered on the day the application is submitted, since usually you have to wait several days for a decision from the migration service. The processing time for an application depends on various circumstances. For example, if you submit a request through the Main Directorate of Migration Issues or the Migration Service, you need to wait about three days. If you contact the Multifunctional Center, the procedure will take from five to seven days. When submitting an electronic request through the government services website, the waiting time for a response is up to nine days.

You can ask for urgent registration only when submitting a request through the Main Directorate, providing there compelling reasons for this. If responsible employees meet the citizen halfway, registration can

be issued immediately on the day of application.

For citizens of the Russian Federation, the registration procedure is completely free. However, if registration is needed urgently, you will still have to pay a state fee. Each region has its own norm, but, as a rule, the amount fluctuates around three hundred rubles. For citizens of foreign countries, registration will be paid.

Nuances for the apartment owner

A homeowner who agrees to register someone else’s child in his home may face unpleasant consequences. The consequences for the owner who registered a child in a privatized apartment can be significant - the matter may go to court.

The family may refuse to be discharged at the request of the owner. The owner will have to go to court, which can last from six months.

It will not be possible to register only the baby; you will have to register at least one of the parents, which will complicate the task even more.

Conclusion: it is more profitable for the owner to temporarily register the child so that there are no problems with the discharge in the future.

Possible problems during registration

The algorithm for registering a child at the place of residence described on paper is simple and quick, but depending on the situation, certain difficulties may arise.

Thus, one of the obstacles may be the refusal of the owner of the premises to appear before government agencies and attest to the fact of registration. Although the owner’s permission is not officially required to register a child, in fact, a certificate will not be issued without his signature. We described earlier what to do in this case.

Another problem is created directly by the parents themselves; for example, it happens when the father and mother do not live together and cannot mutually resolve the issue of who will have the child registered. Most often, the baby is registered with the mother, but life circumstances may change. If a son (daughter) moves to his father, the latter is forced to decide how to re-register the child at another place of residence in his own living space.

LEGAL WILD OF REAL ESTATE - from palaces to huts

It is worth noting that if a wife wants to discharge her husband, and he is an employer, then he will be discharged along with all family members. If you are divorced and your ex-husband lives with you, then write him out without violating Art. 83 of the RF Housing Code is not possible. However, if your ex-spouse owns another home, go to court.

We recommend reading: Registration of a Residential House on a Land Plot of Private Farm

That is, if you live in a municipal apartment, then the basis for forced discharge may be the dishonest behavior of your roommate - fights, drunkenness, rowdy behavior, etc. First, you need to file a complaint with the property owner with a request to issue a written warning to the bully. For example, in accordance with Article 91 of the Housing Code of the Russian Federation - “... if a hooligan, after warnings, continues to violate the rights and interests of neighbors, mismanages residential premises, etc., he can be discharged in court.”

About the opportunity

Is it possible to register a child without the consent of the owner?
According to the law, it is possible .

This is due to the fact that the rights of the child are protected and protected by the state, and his interests are placed above many others.

To ensure that it does not remain unregistered anywhere, there are a number of relaxations regarding the implementation of the procedure for its registration.

Is it possible to register in a privatized apartment where I

The seller of a share is obliged to notify in writing the other participants in shared ownership of his intention to sell his share to an outsider, indicating the price and other conditions under which he sells it. If the remaining participants in shared ownership refuse to purchase or do not acquire the sold share in the right of ownership of real estate within a month, and in the right of ownership of movable property within ten days from the date of notification, the seller has the right to sell his share to any person.

When selling a share in the right of common ownership to an outsider, the remaining participants in shared ownership have the preemptive right to purchase the share being sold at the price for which it is sold and on other equal conditions, except in the case of sale at public auction.

How to privatize an apartment without the consent of one of the registered

In order to be able to influence the decisions of residents, you need to carefully study their rights to privatization. Any person who is registered in this apartment has the right. But this does not apply to those people who simply live in this premises, but are registered at a different address. Often only the immediate owners are registered in an apartment, while other relatives live without official registration. Such people cannot influence the decision on privatization.

When it comes to real estate manipulation, a wide variety of problems can arise. One of them is the disagreement of all residents of the premises to sign the privatization agreement. Then the question arises: is it possible to privatize part of the apartment? After all, every person needs personal space and living space, but not everyone can agree with the other residents.

Ways to decide how to privatize an apartment without the consent of one or all registered residents

If the reason for disagreement is the fear of paperwork associated with the process, invite the person to issue a power of attorney for the preparation of documents. In addition, there is a type of power of attorney for privatization, according to which you can carry out the procedure from beginning to end. So a citizen will only need to visit a notary, and if he has some money, even invite him to his home. You can also collect all documents in one institution by contacting the MFC.
In some cases, the reason for the refusal is plans to obtain other housing in the future and privatize it. A citizen refuses to privatize the premises in which he is currently registered due to the loss of the right to free privatization.

In fact, the same package of documents is submitted to the court as for the privatization of an apartment. In addition to the above, information about changes of surnames and certificates of place of residence may be required if citizens were checked out of the apartment, as well as other documents and certificates.

Is it possible to register a child in a privatized apartment without consent?

Hello. I am registered in an apartment privatized by my father. my parents have been living abroad for 10 years, but my mother wants to return to Moscow. Before leaving, she was also registered in this area. Question: Do I have the right to register my mother without my father’s consent? Parents are in the process of divorce.

My brother registered his grandmother’s apartment as his property with the right of her lifelong residence in it. Now he decided to sell the apartment. All agree. There is somewhere to register my grandmother. How can we complete the deal? And what to do with the right of her lifelong residence in this apartment? .

What is important to know

The legislation of the Russian Federation does not regulate the issue of the maximum period for registration of a newborn child. Accordingly, no fines are provided in this situation.

To register a child, you can get by with the presence of one parent. For example, the baby’s mother can entrust this procedure to the father.
An exception to the rule is for parents who have not registered their marriage, when the child is registered with the father. In this case, two parents are present when registering.
If the parents are registered at more than one address and intend to register the child with the father, then a notarized consent is required from the mother.
If a child is registered with a mother in the same situation, the father’s consent is not required.
Registration of a child will not require permission from other homeowners, even when his parents are not the owners. This applies only to the first registration. In the future, when re-registering a child, the consent of the owner of the property will be required.

The child must be registered even if there is a shortage of square meters according to residential premises standards. The state protects a newborn from the prospect of becoming a person without registration.