Is it possible to register for a mortgaged apartment in 2021?

According to the law, a citizen who takes out a mortgage automatically becomes the owner of the home. He will be able to register in the mortgaged apartment as soon as he signs the contract and registers ownership. When it comes to registering relatives, things are more complicated. When concluding an agreement, the creditor establishes a list of persons who can legally reside on the territory of the property that is pledged. In other cases, registration in a mortgaged apartment (permanent or temporary) is permitted only if the bank gives its consent to this (in writing).

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.

The legislative framework

What laws govern it? This:

• The Housing Code of the Russian Federation determines how and who can register in certain premises;
• The Criminal Code of the Russian Federation prohibits registration fictitiously under threat of criminal punishment;
• Law No. 5242-1 of June 25, 1193 gives all citizens of the state the right to change their place of residence;
• Government Resolution No. 713 describes exactly how the procedure for obtaining registration occurs;
• The Code of Administrative Offenses of the Russian Federation punishes with a fine persons who exceed the period of residence without registration.

You can learn about the difference in the concepts of “registration” and “registration”, as well as the differences between permanent and temporary registration on our website.

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.

Is there a state fee?

There is no state fee for citizens of the Russian Federation for registration . The basis for this is the entry into force of Federal Law No. 127-FZ of November 2, 2004.

Reference. At the same time, the legislative act of January 1, 2005, namely the Law of the Russian Federation “On State Duty” of December 9, 1991, Article 4, paragraph 9, subparagraph 1, according to which citizens were required to pay 1% of the minimum wage for registration, has lost its relevance for the region.

Along with this, Chapter 25.3 of the Tax Code came into force, which implied the obligation to pay state duty by foreigners and people who do not have citizenship; its amount was 100 rubles.

In 2013, the Federal Migration Service expressed a desire to return the characteristic process of payment for government services for all citizens; at the same time, changes were prepared to the relevant chapters of the Tax Code and other legislative acts. But these changes never entered into legislative force .

With the entry into force of Federal Law No. 221-FZ in 2015, only foreigners and stateless persons are required to pay a state registration fee of 350 rubles to the country’s budget.

Regarding the registration of a child, children who are citizens of the Russian Federation are registered free of charge , and for children who are citizens of another country they will have to pay 350 rubles. That is, the rules are the same as for adults.

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.

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.

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.

Where to start, where to turn?

How to register for an apartment with a mortgage? Registration must begin with obtaining bank approval. If such approval is not received, then no further actions will bring the desired result. It is better to start collecting documents only after receiving such consent .

Where do you register? The responsible authority for obtaining registration is the Main Directorate for Migration Issues of the Ministry of Internal Affairs of the Russian Federation .

This body today is part of the Ministry of Internal Affairs and is not independent. However, such transformations do not in any way affect the ordinary applying citizen .

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.

Conditions and requirements of banks

Since banks may approach this issue differently, it is worth studying the terms and conditions of the lender you are contacting. However, it is worth paying attention to the fact that regardless of the lender’s conditions, the borrower is obliged to notify him of his decision in writing.

Important! The exception is cases of registration on the basis of a request to conclude a free use agreement. VTB24 does not give permission for their conclusion.