Today we will try to figure out what it takes to register in an apartment with a particular owner. In fact, there are usually no special problems with understanding this issue. But citizens often confuse temporary registration with permanent registration. And therefore some misunderstandings may arise. So what does registration in an apartment give? What rights does it give both the owner and you? How to document this process? And what are the differences between temporary registration and permanent registration?
Timed registration
The first step is to figure out what we're talking about. Or rather, study the types of registration of citizens. After all, there are two concepts - registration and temporary registration. Let's start with the second concept. As a rule, it occurs frequently, but mainly in relation to foreign citizens.
Temporary registration (registration) is a type of registration of citizens. It is expressed by a special document - a certificate. And the citizen is registered at the place of temporary stay for a certain period of time. What benefits does registration in an apartment provide in this case? More on this a little later. To begin with, it is worth paying attention to another rather interesting point.
Registration
Namely, what is permanent registration? It is also called permanent registration. What is she? Only then will it be possible to discuss what rights a citizen acquires with it.
Permanent registration is a type of registration of a citizen at his place of permanent residence. Unlike temporary registration, it is expressed by a stamp in the passport. And with all this, there are no time limits. If you permanently reside in the Russian Federation, it is advisable to make a permanent registration for yourself. But what does registration in an apartment give? And why is it needed at all? Both temporary and permanent.
The procedure for obtaining registration when transferring a military personnel to another city
Registration of a military man and his family members at a new place of residence in the event of moving to another city to serve under a contract does not require deregistration at the previous place of residence. This procedure is carried out during the registration process at the new place of stay, about which a corresponding mark is placed in the application. Registration at a military unit is of a notification nature, and in the event that a serviceman and his family members do not have registration, Article 19.15.1. The Code of Administrative Offenses provides for a fine of 2 to 5 thousand rubles.
For what
The point is that these types of citizen registration are extremely important for the state. According to the legislation of the Russian Federation, no one has the right to stay in the country without registration. Moreover, we are talking about both temporary and permanent. You must have at least one of them.
But there are some restrictions and exceptions. More on them a little later. Why is any registration needed? It helps the state register the population and “tie” them to a specific place of residence. But these processes help the citizen to use all the social services that are available in the country. After all, without registration, you will not be able to draw up a single document, not to mention receiving benefits and applying to certain authorities/medical and social institutions.
Without registering
What does registration in an apartment give? This question is extremely important. But an equally important point for citizens is how long they can stay on the territory of the Russian Federation without registering at all. Both temporary and permanent. This point will have to be taken into account. After all, it is not always and not in all cases that you should run and register. Sometimes you can put it off.
In the case of temporary registration, the period of stay on the territory of the Russian Federation without applying to the FMS and obtaining registration is 90 days. If you do not resolve the issue with your registration within the allotted time, you will be subject to a fine.
But in the case of permanent registration, everything is somewhat different. Once you are discharged from your permanent place of residence, you will have 7 days to re-register. Otherwise, you face a fine of one size or another.
It turns out that if temporary registration takes place, then you officially have only 90 days to stay in Russia without registration, and speaking of permanent registration - only a week. And then punishment in the form of a fine is imposed.
Registration procedure for official housing
To register close relatives, a written application from the tenant and family members living with him is required and written agreement on this issue with the landlord (housing organization). No one's consent is required to register spouses, minor children and elderly parents. It is not required to conclude a sublease agreement for residential premises when registering the place of residence of close relatives (Article 685 of the Civil Code of the Russian Federation). Registration of other persons is carried out in compliance with the requirements of Article 1. Legal advice: Registration of a military personnel in a service apartment, Art. 1 99 of the Housing Code of the Russian Federation of December 29, 2004
Accommodation
But now you can think about what a registration in the owner’s apartment gives. Let's start with the constant. As a rule, it gives citizens much greater rights than a temporary one. So it is precisely this scenario that interests many citizens.
The first point, which is ensured through permanent registration, is the right to reside in the territory where you register. That is, after you have registered at your place of permanent residence, you have every right to live in a particular territory. Regardless of who owns the apartment. Therefore, if you are wondering what registration in the apartment of a husband or wife gives you, you can answer simply - you will be able to officially live in this territory. No one will have the right to kick you out.
Your opinion
Your options don't end there. Have you wondered what benefits of registration in an apartment? Then pay attention to the fact that, in addition to living on the territory and using its resources, there is one more feature. When you are registered at your permanent place of residence, you will have every right to express your opinion regarding the registration of certain citizens. That is, for registering new residents.
You have the right to express your own opinion in matters of registration (temporary or permanent) of someone. True, it is advisable to also be the owner - then there will definitely be no problems. Although in practice, almost no one gives those simply registered in the apartment a vote when registering new residents.
What rights do those registered in a private house have?
Persons registered in a private house have the right to use this facility. You need to be very careful when granting registration to a person with children. A parent can register a child at his or her address. It will not be possible to discharge a child without providing another living space.
When selling real estate, the registered person cannot prevent this, but he has the right not to be registered. To prevent this from happening, it is important to correctly draw up a document that gives the owner of the house the right to register and discharge residents at will. This document must be certified by a notary.
Municipal property
It is already clear what registration in a privatized apartment gives. But what if the property is municipal? Remember, we are still talking about permanent registration. After all, it cannot be confused with temporary in this case. The only thing they have in common is that you get the right to stay in Russia without any problems. Either on a permanent basis or on a temporary basis.
What does registration in an apartment give? Speaking of permanent registration in a municipal apartment, you acquire the right to participate in privatization. As a consequence - in receiving property for free use. So, if you decide to register someone in an apartment that has not yet been privatized, keep this in mind. After all, no one needs extra claimants for property. So take continuous registration seriously. Temporary registration is not so scary in this regard.
Relatives
But more about her a little later. We are not yet aware of all the rights of permanent registration. So, it remains to pay attention to some features that have not yet been studied.
If you are registered in housing on a permanent basis, then you have the right to register your child at your place of permanent registration. In addition, close relatives are also capable, on your initiative, of being among the citizens who have the right to reside in a particular territory. And this is worth taking into account. If you are the owner, then you will have another very interesting right. Ordinary residents, even those with permanent registration, do not have it.
Temporary registration in a service apartment
Federal Law, specialized residential premises are provided on the basis of decisions of the owners of such premises (authorized government bodies or authorized local government bodies acting on their behalf) or persons authorized by them under lease agreements for specialized residential premises, with the exception of residential premises for the social protection of certain categories of citizens who are provided under free use agreements. According to paragraph. When is a registration permit required? To obtain permanent registration, you need to prepare a certain list of documents.
I am the owner
Well, it’s worth noting that family ties between citizens also play a certain role. As already mentioned, close relatives can be registered in one or another apartment. But the owner has one very interesting right that other registered residents do not have.
What are we talking about? That the owner of the premises is able to discharge any tenant who is not his relative for any reason. With all this, you should not look for replacement housing for such a citizen. That is, when registering a wife with a husband (if the apartment is privatized and the husband is the owner), the man will be able to safely register his ex-wife. It is enough to indicate only the reason - “loss of family ties.”
Residents and owners - who owes what to whom?
Essentially, the rights of the owner take precedence over the rights of the residents registered in his apartment. The owner has the right to discharge a “settler” through the court without the latter’s consent. If the precedent does not involve minors, the discharge will take place “to nowhere.”
However, it is the owner who is responsible for the condition of the home and payment of utility bills.
Registered persons bear an exclusively voluntary obligation to pay their share without legislative reinforcement.
Minors
If a minor child has permanent registration, then the issue of discharge arises very seriously. Firstly, you will have to provide your child with housing that is not inferior in quality and conditions to the previous one. Secondly, it will be extremely difficult to achieve discharge.
Why? Because for citizens under 14 years of age, the permanent place of residence is the apartment in which one of the parents is registered (or both at the same time). If you go to court, if the interests of minors are affected, you will be denied an extract. Even if you are a home owner. It doesn't matter.
Additional features and nuances
- In the owner’s consent to move in and register a person in an apartment, it is necessary to indicate information about himself and the person being moved in, the address of the property, and the number of notarized copies of the written permission. At the end, the signature of the owner of the residential premises is placed. You can write your consent using this link.
- If a person plans to apply for permanent registration, then he fills out an application according to Form No. 6, and if temporary - according to Form No. 1. You can submit an application directly to the MFC or the Main Department of Migration Affairs of the Ministry of Internal Affairs to avoid mistakes.
- If registration is made for a child under 14 years of age, he will receive a registration certificate, since he does not have a passport.
- A newborn child is registered exclusively at the residence address of his parents. It will not be possible to register the baby with other relatives. If the child is registered at the place of residence of the mother, and the father is located separately, then there is no need to obtain written consent from the man. If the baby is registered at the father’s place of residence, then he will need to attach written permission to carry out the procedure from the mother to the general package of documents.
- There is no fee for registration, and no state duty is established.
- Lack of registration entails penalties, the amount of which depends on the region of residence of the violator and on whether he is an individual or a legal entity. Fictitious registration can lead to criminal liability.
Temporarily
What does temporary registration in an apartment provide? This question is no longer so difficult. After all, permanent registration, as mentioned earlier, provides a wide range of opportunities. But the temporary one doesn’t have it.
What can you count on in this case? What opportunities does temporary registration in the owner’s apartment provide? This is all extremely important for the awareness of citizens. After all, there are significant differences between permanent and temporary registration.
You have the right to stay on the territory of the Russian Federation without problems with the FMS if you have a document confirming your “temporary” registration. It is this period that will protect you from problems with the state. Plus, you will have the right to reside in a particular territory. Even if you are not the owner.
The possibilities don't end there. As already mentioned, registration allows you to use government services. This means that in the case of temporary registration, this rule also works. You will be able to get a job, receive some benefits and payments, and use government services.
What rights does temporary registration in an apartment give? Another point worth considering is nothing more than using the services of the institutions serving your temporary shelter. We are talking about a variety of municipal organizations. For example, hospitals and clinics. After receiving registration, you can count on free medical care under the compulsory health insurance policy. So, registration can really be useful. Even if it's temporary. By the way, those who have a stamp in their passport about permanent registration also have this kind of right.
Getting ready
So we have figured out for you what registration in an apartment gives: temporary or permanent. But now it’s worth understanding how our current documents are drawn up. In fact, it is not as difficult as it seems. You just have to take into account what type of registration we are talking about. Speaking about temporary registration, you will need:
- Your passport;
- application for registration;
- permission for the process from the owner of the premises (if there is more than one owner, everyone’s consent is required);
- rental/lease agreement (grounds for registration).
But permanent registration requires:
- passports;
- arrival and departure sheet (if you previously had permanent registration);
- consent of the owner (when you are not the owner);
- application for registration;
- birth certificate (yours);
- documents supporting registration (marriage certificate, for example).
That's all. With the above lists of documents, you must contact the FMS for a particular registration. Please note that if we are talking about the initial registration of a minor, then the consent of all owners is not required. According to the laws, the child must be registered at the place of registration of one of the parents. If you are also the owner of the apartment (even not the only one), then you can literally secretly arrange registration for your child.
Also, please note that registration does not give the citizen the right to a share in the apartment. Only for accommodation on the territory thereof. Obtaining a residence permit is not such a difficult process. And remember - it is absolutely free. The FMS should not require any duties or cash payments from you. Now it’s clear what rights registration in an apartment gives. And registration is also no longer a mystery.
Service apartment
This can be done if the service housing is located within:
- Military town.
- Closed administrative territory.
It is also possible to register in houses that are part of the housing stock of the Ministry of Defense, in apartments occupied under a lease agreement. Responsibility for the implementation of registration rests with the command of the military unit, the passport office of the FMS department.
It is allocated when recognizing a serviceman in need if he has served 20 or more years in a military unit. Housing is provided on the basis of a decision made by the housing commission following an examination of the compliance of living conditions with the established ones.
