Registration without the right to living space: permanent and temporary, registration agreement

Home / Conflict with neighbors / Registration in a communal apartment without the consent of neighbors

Communal housing has a special status - citizens who are not members of the same family live under one roof. Is it possible for a third party or relative to register in a communal apartment and is it necessary to obtain the consent of neighbors?

Temporary registration without ownership rights

Temporary registration is official registration at the current location for a short-term period.
This form of registration allows citizens of the Russian Federation to enjoy all social benefits (medical care, enrolling children in other schools), and for foreigners to avoid paying a fine when traveling outside the Russian Federation. Registration of temporary registration does not negate permanent registration. For foreigners, the period of temporary registration is limited by the validity of a visa or migration card, and citizens of the Russian Federation can regularly extend it if necessary.

Features of “registration” without the right to living space for privatized and municipal apartments

It is much easier to register in privatized housing than in public housing. For example, with the consent of the owner or co-owners, any number of people can register in a residential premises, without restrictions on the number of square meters. m., which will fall on each person.

If there are several co-owners, then their consent can be drawn up on one sheet of paper, where everyone will put their signature. But the presence of all co-owners will be required when submitting documents from the applicant, as well as their passports and property documents.

If the owner of the premises is a minor child, then a residence permit for any citizen is issued on his behalf by legal representatives. When an incapacitated citizen or a disabled person is registered in the premises, it will not be possible to “re-register” him without the permission of the state guardianship authority. Without the written consent of the members of the board of trustees, no one will register with him either.

To force a permanently registered citizen to be removed from a privatized apartment, the owner will have to prove to the court that he:

Is no longer a member of the family, i.e., for various reasons, has lost this status, and the apartment was purchased before marriage, if we are talking about a divorce;

Does not live in the premises for a long time, neighbors can give testimony;

Does not pay utility bills; the fact of his personal debt can be proven if personal accounts are separated;

I applied for a “fictitious” registration in order to get a stamp in my passport, but in fact I never lived at this address.

When issuing a permit for registration of any citizen, except a minor child, in municipal housing, the size of the living space will be considered. According to housing standards, one person cannot have less than 10 square meters. m., as established by the legislator.

Before registering, a citizen must conclude a social rent agreement with the housing fund or another company that owns the building. It is almost impossible to discharge a permanently registered citizen from a municipal apartment; this requires very compelling reasons, since after registration he automatically receives the right to participate in privatization.

Permanent registration without transfer of ownership

From temporary, permanent registration differs in more complex procedural relationships between owners and tenants. A citizen of the Russian Federation must register at his place of permanent residence within 90 days. The validity of the registration may be suspended when registering in a new place or when drawing up an extract sheet.

You can receive a stamp for permanent registration without the right to living space on the basis of a rental agreement or an application supported by the necessary package of documents, as well as duly executed permission from all owners. Such permission can be issued at the territorial body of the Ministry of Internal Affairs, MFC in the personal presence of the owner during the submission of documents or in the form of a notarized application.

This is important to know: Permanent registration in Moscow

Mandatory deadlines for “registration” without the right to living space

By law, registration is required within 7 days from the moment a citizen arrives at his new place of residence. If he is discharged from his permanent place of residence, then the move may take much longer; the legislator also takes this into account.

A registering citizen submits an application and other documents to a government agency that is officially authorized to carry out registration/registration on the territory of Russia. Government agencies act as intermediary structures between the applicant and the Federal Migration Service, so the procedure takes 7-10 days.

The applicant submits original documents and copies, which are collected by a government agency employee against signature. On the appointed day, the citizen must appear for a passport and temporary certificate.

The procedure for registration without ownership rights in privatized housing

The Constitution of the Russian Federation gives the right to use property at one’s discretion, if this does not contradict current legislation and does not violate the rights of other citizens, including registering or deregistering citizens at the address where such real estate is located.
To register in such an apartment or house, the owner does not need anyone’s permission. This also applies to his children under 18 years of age. If necessary, the owner can register the desired number of people, without observing the standards for recording living space per resident. If the apartment is privatized by several people, the consent of all owners is required to register third parties.

To register, you must submit an application and title documents for real estate to the passport office, MFC, or ter. representative office of the Ministry of Internal Affairs and within 3-8 days depending on the place of submission. The owner can also discharge a tenant at his own discretion.

Where to submit documents

In this case, there are several options.

You can use the following methods:

• passport office of housing department (management company);
• department of the Federal Migration Service at the place of residence;
• MFC branch;
• unified Internet portal “State Services”.

The time frame for registration will depend on which option is chosen.

In any case, it is carried out by the Federal Migration Service, so applying directly to the department of this service will be the fastest - registration will take 3 business days.

In all other cases, the terms will increase, but only slightly. The procedure is free of charge and no registration fees are charged.

What documents will be required

Before submitting documents, you need to make copies of them; they will be required. You will need to collect the following package of papers:

• passports of the employer and the registered person;
• application for registration in the prescribed form;
• written consent of each of those registered;
• social tenancy agreement (or move-in order);
• copy of personal account;
• Marriage certificate;
• departure slip.

The last document is included in the list, as it is often required at passport offices. But this is illegal. According to the law, a person can be automatically discharged at the request of FMS employees. Registration cannot be refused due to the absence of this document.

Another caveat is that the application must be filled out only by the employer personally.

If all other documents are in order, then the registration procedure will be completed within 3-5 days, after which the new resident will receive his passport back with a registration stamp.

As for the registration of temporary registration, it is carried out in the same way, but instead of a stamp in the passport, a certificate of temporary registration is issued, which will indicate specific periods of residence.

Registration through court

If it was not possible to reach an agreement and the registration process has reached a dead end, the judicial authorities can help. You need to go to the district court at the defendant’s place of residence.

The statement of claim must indicate:

• name of the court;
• plaintiff's details;
• justification for the illegality of the refusal;
• request to register.

The justification must be drawn up correctly, with references to the legislation, so the help of an experienced lawyer in this case will be very useful.

As a rule, the court takes about a month to consider such cases, then a decision is made. If it is positive, the passport office will carry out the registration procedure based on the court decision.

Rights and responsibilities of a new tenant

A tenant registered in an apartment will have the same rights as others to use common building and apartment property.

But he is also obliged to share the responsibilities for maintaining the home and paying rent with everyone, since they will naturally increase.

Also, a spouse can become a co-owner of housing by taking part in the privatization procedure.

And it is worth realizing that if family relationships do not work out, this will not affect the right of ownership. This is partly why the process of obtaining consent is often so difficult that the case ends up in court.

004

The procedure for registration in municipal housing

You can register for public housing in one of the following ways:

• based on a settlement warrant issued by the municipality. All persons declared in the order, as well as their minor children, can register;
• having issued the consent of the municipality for registration, subject to the minimum square footage of the premises per tenant (in the Russian Federation, the average standard is 10 m2).

To obtain a permit from the municipality, it is necessary to provide consent from all employers living at the intended registration address. Documents are submitted to the Housing Office, Homeowners Association, MFC or the Ministry of Internal Affairs in the same manner as in the case of privatized housing.

“Early” termination of the right of “lifelong” residence

The right to use residential premises may be terminated for these persons if they leave for another place of residence (Determination of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation dated 08/04/2015 N 49-KG15-7). At the same time, the absence of registration in another place of residence by a citizen who voluntarily left the residential premises cannot be the basis for retaining his right to unlimited use of the apartment (see, for example, the Determination of the Second Cassation Court of General Jurisdiction dated June 11, 2020 in case No. 88- 13629/2020).

The key point is voluntary, and not forced (for example, due to conflictual relations with the owner) departure from the apartment. The owner of the apartment has the right to demand in court that such persons have lost the right to use the apartment due to their departure to another place of residence. In addition, such departure must be permanent and not temporary.

Therefore, recognition of a citizen as missing, declaring him dead by the court, deregistration in connection with a conviction to imprisonment (see, for example, the Appeal ruling of the Moscow City Court dated August 24, 2018 in case No. 33-29430/2018), as well as in connections with registration in a boarding school or other social protection institution will not be an obstacle to the resettlement of such citizens after their announcement and return.

The right to use residential premises in a building of a housing construction cooperative may not be retained by the persons who were included in the order for its provision in the event of foreclosure on this residential premises as mortgaged property and its sale at public auction.

When resolving the issue of the possibility of preserving the right to use this residential premises for family members of the previous owner, included in the order for its provision in accordance with previously applicable legislation, the courts must take into account the factual circumstances of a particular case, namely: whether family members of the previous owner have the right to use other residential premises, the difference between the amount received during the sale of residential premises and the amount of the collected debt secured by collateral, the possibility of using these funds to purchase another residential premises or rent them, etc. (Resolution of the Constitutional Court of the Russian Federation dated March 24, 2015 N 5-P).

Registration without ownership rights. Agreement

When registering strangers at the place of residence, it is recommended to conclude an agreement and have it certified by a notary. Exceptions may be made for a relative or close friends whom the owner completely trusts. In the contract, the parties have the right to specify all the nuances and rules associated with a person’s residence at the place of residence.

The homeowner can determine the amount of payment for utilities, the rules of residence for a citizen and much more. A registered citizen in the contract receives guarantees regarding the duration of residence, settlement and eviction procedures.

The lease agreement must necessarily contain:

• maximum number of registered residents;
• the validity period is indicated (required to obtain temporary registration);
• degree of kinship when relatives settle;
• details of the parties;
• liability for damage to property, late payment, and other violations of the terms of the contract.

This is important to know: Certificate of registration at the child’s place of residence in form 8

Can foreigners register?

Citizens of another country can register on a general basis, but there is an additional factor - the period of stay in the country cannot exceed the validity of the visa.

Despite the fact that after 2008 the registration procedure for a communal apartment was simplified, certain difficulties still arise when registering it.
What to do if the neighbors are against it, how to appeal an unfounded refusal? The site’s lawyers will advise and offer professional support in case of problems. Attention!

• Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
• All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

That's why FREE expert consultants work for you around the clock!

1. via the form (below), or via online chat
2. Call the hotline:
   Moscow and the Region
3. St. Petersburg and region

- FREE for a lawyer!

By submitting data you agree to the Consent to PD Processing, PD Processing Policy and User Agreement.

Anonymously

Information about you will not be disclosed

Fast

Fill out the form and a lawyer will contact you within 5 minutes

Tell your friends

Rate ( 1 ratings, average: 5.00 out of 5)

Registration of a child without ownership rights

The child must live with one of the legal representatives, which includes parents, official guardians or state specialized institutions. This provision of the law allows registration of newborns and minor children at the place of residence of the father or mother.

When registering a newborn within 30 days, registration is carried out on the basis of an application from the mother and does not require the presence of the father.

List of documents for registration of “registration” without the right to living space

For registration, a citizen submits to the authorized organization:

Passport

Property documents for owners

Extract from the Unified State Register of Property Rights

Social tenancy agreement (for tenants)

Lease agreement (for landlords)

Statement of the established form

Consent for registration from the owner, co-owners registered in the premises

Departure sheet for those who have already issued an extract from the old address

Municipal permit (for moving into public housing)

When it is necessary to register in a communal apartment, the consent of other apartment residents is not required. If a citizen registers with the owner of a private house with separate entrances, divided into shares between co-owners, then the consent of the other co-owners is also not required.

The applicant and the owner are required to be present when submitting documents. If one of them cannot, then you will have to submit a notarized power of attorney to an authorized person. The FMS is not interested in an agreement on the possibility of early termination of relations between the tenant and the landlord. In case of a controversial situation, he is presented to the court.

The cost of the “registration” procedure without the right to living space

The FMS carries out registration/registration of citizens on the territory of the Russian Federation free of charge, since the service is state-owned. But the paperwork and copies that will be required when filing an application will cost money. In this regard, if a citizen applies for a temporary “registration”, then its permanent extension will cost him approximately 40-150 thousand rubles. in the capital and up to 40 thousand rubles. in other regions.

In large cities and Moscow, housing may be offered immediately with temporary registration, for registration of which the owners take money.

Refusal

In most cases, refusals are received by citizens who made a number of errors in filling out the application or did not provide a complete package of documentation.

To correctly formulate a package of documents and correctly fill out the application, you can seek the help of qualified lawyers. They know the intricacies of registration and will help with filling out the paperwork for submitting documents.

There are other reasons for refusal. Registration activities may be limited in certain locations:

1. Territories where a state of emergency has been declared.
2. Military zones.
3. Areas where quarantine has been introduced.
4. In areas close to the border.
5. Where the environmental disaster occurred.