Article updated: October 12, 2021
Elena GrushinaRealtor with a legal education. Work experience - 12 years
Hello. Here I have posted instructions on how a citizen can register in a municipal apartment. I sorted out 2 options for registration: 1) being a tenant of an apartment under a social tenancy agreement; 2) as a stranger to a relative or non-relative.
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How to register a person in a municipal apartment
Is it possible to register in a communal apartment?
Regardless of whether the apartment is in municipal or private ownership, it is legally permitted to register in communal housing . The owner of the property has the automatic right to carry out registration, who presents a title document as the basis for such a procedure.
Regulation by the legislative framework:
- Decree of the Russian Federation No. 5242-1, issued on June 25, 1993. Among the real estate in which registration is allowed, an isolated room located in a house with communications is also included in the list.
- Housing Code. Some of its articles - , , - define the rights of owners of communal apartments regarding the use and mechanism for moving in new residents.
- Civil Code. The Civil Code partially regulates the procedure for registration of citizens (according to Articles 20 and 209).
If the apartment is the property of the municipality, then the issue of registration of third parties is resolved with the consent of the landlord (Civil Code of the Russian Federation, Art. 288). Additionally, written permission from others prescribed is required, according to the Housing Code of the Russian Federation, Art. 70 (we talked in detail about whose permission is required for registration in non-privatized municipal housing here). Registration in a “communal apartment” does not give rise to property rights.
Your meters
In accordance with the law, the owner of the premises has the right to fully dispose of the property at his own discretion. Consequently, registration for such living space is carried out in the same way as for a separate apartment.
The fact that there are common areas does not affect the registration procedure in any way.
The owner of the premises can register there himself, as well as register any person of his own free will. Consent and even notification of the intention to register someone on your territory from neighbors in a communal apartment are not required (Article 42 of the Housing Code of the Russian Federation).
If, in addition to the owner, other residents are registered, their consent will still be required.
Read about the procedure for registering in a privatized apartment on our website.
Area standards for residents
The law does not set a limit for registered persons in a privatized apartment, however, simultaneous residence is permissible only if the real estate has a sufficient amount of m2 (you can find out how many people can be registered in a regular apartment here).
Reference! The standard area for one resident is at least 12 m2. However, the minimum value may vary depending on the region where registration is made.
This condition is also met when a communal apartment is provided for use under a social tenancy agreement (LC RF, Article 70), but the number registered here is strictly limited. Municipalities strictly monitor the ratio of the number of residents to the total living space.
With similar meticulousness, state owners also check the fact of a person’s residence in an apartment, eliminating the possibility of fictitious registration. They also prohibit the registration of registration for foreigners under a social tenancy agreement (LC RF, Article 49, paragraph 5).
If there are several owners, in order to register a person who is not a relative, the consent of all owners of shares in the communal apartment will be required .
Our experts have prepared a lot of useful information on the topic of registration, and not only in the communal room. You can find it in the following publications:
- What rights does registration in an apartment give a person?
- Consequences for the owner if he registers a person in his apartment.
- How does the size of utility bills depend on the number of registered ones?
- Who is allowed to register in collateral housing?
- How to obtain permanent registration without the right to living space?
- Is it possible to register a person without his presence?
- Is it possible to register in an apartment without the presence of the owner or without his consent?
- How to register a person in a privatized apartment?
Number of registered
How many people can be registered in a communal room?
If the premises are municipal or state-owned, then there are restrictions that are established by each municipality in terms of area per living person (if we are not talking about the tenant’s family).
If it is owned, then there are no restrictions on the number of registered ones.
Everyone registered must actually live in the room, otherwise an administrative fine for fictitious registration may follow.
Is neighbors' consent required for temporary registration?
The position of neighbors when living in a privatized communal apartment does not play any role if there is a desire to increase the number of registered residents. There is also a list of close relatives of the owner, registration of which does not oblige obtaining permission when owning a room with this status:
- minor children;
- parents;
- wife or husband
Post-registration problems may arise when using public areas (PAs). Neighbors have the right to express disagreement with their use, but the disagreement must be motivated.
Advice! If there are “difficult residents,” a temporary refusal to visit the MOP is possible, but subsequently the fact of creating obstacles can be challenged in court.
Registration documents in one package when changing place of residence
After you have changed your place, you need to mark your new residence by contacting. In this public services center you can complete the entire package of documents and receive a variety of services:
- use parking after receiving a resident residence permit;
- receive a subsidy for housing and communal services, as well as transfer recalculation of payments for housing and communal services;
- accept applications for pension delivery, pension file request, etc.;
- military personnel can receive a document about changes in military registration;
- obtaining benefits for citizens who may qualify for them.
These services can only be received after a registration mark has been placed on the document. You can find out more about what rules and features when preparing documents on the official website of government services or by making a request to the help desk of the Russian Federation. For Moscow this is the phone number +7 (495) 777-77-77.
Step-by-step instruction
What papers are required for registration?
To register, you must provide a package of documents from both the owner and the candidate for registration:
- ID confirmation. Passports of two persons are provided.
- Checking eligibility. A title document is submitted (for tenants of municipal property - a social tenancy agreement).
- Written basis. Consent is submitted from the owner of the property and an application for registration (form No. 6 - at the place of residence and form No. 1 - at the place with a limited time stay). An alternative option is to form a collective statement if there are several owners at once.
- Agreement. Papers are provided stating that there are no claims from other owners of the apartment in which the citizen is registered. When living in the municipality, a permit from the landlord is submitted.
Sometimes you may need a departure address sheet , which protects against double registration (when registering permanently). Persons of military age may also be asked to provide a military ID.
What is included in the application?
The document is drawn up by the initiator of the transaction (owner), who indicates the intention to register a certain person (his full name and passport details are indicated). At the same time, the place of registration and data on the consent of the co-owners (if there is a share) are noted. The final part of the procedure includes setting the date and signing the persons.
Where to apply?
Changing the status of a citizen is carried out at the local branch of the Federal Migration Service, MFC or passport office.
Where should I bring it?
Documents are also accepted in the places described above.
Registration deadlines
Registration is completed within three days, but if there is a need to request additional information, this period can extend up to 8 days.
Fact! During the registration period, the passport is temporarily confiscated, and in return, a document is issued that is analogous to an identity card.
Cost and state duty
How much will all the certificates cost? For citizens of the Russian Federation, the registration procedure is provided free of charge. For a citizen of another country, the fee costs 350 rubles.
What document do you need to get?
Successful registration obliges the service that accepted the document to return the passport, in which a new stamp is placed indicating permanent registration. For temporary registration, this procedure is not provided for by law - only Form No. 3 is issued, which records the time frame for registering a person in a given apartment.
After registration in municipal property, a person is automatically registered in the social tenancy agreement.
Registration procedure
Registration of citizens at their place of residence is regulated by the Registration Rules approved by Government Decree No. 713 of July 17, 1995. According to this law, the procedure is carried out by FMS branches located in the given territory.
To obtain registration, you must submit an application on Form 6 and submit the following documents:
- passport;
- birth certificate (for children under 14 years of age);
- certificate of ownership or lease agreement;
- statement of consent of those registered (if necessary);
- municipal permit (for public apartments);
- departure slip;
- house book (for your own rooms).
All documents are submitted in the form of originals and copies .
If the consent of the residents of the apartment is required, their personal presence during the submission of documents is required.
If anyone registered is absent, you will have to wait for him or initiate the procedure for his discharge through the court .
It is also possible to carry out the procedure on the basis of a one-time power of attorney from a registered person or on the basis of a notarized consent in another city.
Features and nuances
A common complaint from neighbors when a new person moves in is a likely increase in rent. However, temporary registration does not lead to an increase in utility bills for electricity when individual meters are installed, although expenses may increase for common household devices that record water consumption (LC RF, Article 43).
Dividing the total amount by the number prescribed leads to minimal changes, so concerns about this factor are unfounded.
Important! Registration of children under 14 years of age does not allow them to be registered in a “communal apartment” in which their parents do not live. Registration of a newborn is carried out on the basis of the mother’s application and is carried out without regard to the calculation of the permissible registration rate per person.
Among the nuances, they also highlight the illegality of requiring services from a person who is going to be registered to provide certificates of health (not provided for by law).
When registering another person for migration, the owner remains liable for fictitious registration. Fake registration of a foreigner is especially (punishable by the Criminal Code of the Russian Federation, Article 322.2).
An alternative option for registration of registration with a non-relative may be the conclusion of an agreement that allows a third party to use real estate free of charge.
Where to submit documents?
The collected package of documents can be submitted directly to the FMS office or to the MFC .
The application and documents can be submitted through the State Services portal (electronically) or by mail.
Registration through the MFC and State Services reduces the number of visits to the FMS.
In any case, the registration procedure is completed at the Federal Migration Service , since the registration stamp in the passport is placed exclusively by employees of this organization.
The registration procedure takes from 3 to 7 days and is absolutely free for citizens of the Russian Federation.
