Registration in a non-privatized apartment

To this day, some housing in the Russian Federation remains non-privatized; it is included in the municipal housing stock. All citizens living in such apartments, rooms, and dormitories occupy them on the basis of social tenancy agreements. One party to such an agreement is a legal entity (municipality), and the other is an individual (citizen). The tenant (the person who signed the contract), as well as other persons registered in municipal housing, have the right to register other citizens (members of their families and not only) in this premises.

Today we will talk in detail about how to register a person in a non-privatized apartment.

Grounds for registration

The first thing that should be done before starting registration actions is to find out whether the tenant and other persons already registered at this address want new residents to appear. Registration (registration) can be permanent or temporary. The temporary residence permit does not in any way affect the acquisition of property rights, but a resident permanently registered in a non-privatized apartment will in the future be able to take part in the privatization of this living space on an equal basis with other residents . Therefore, the first and most important basis is the desire and consent of the employer and other registered persons to register.

All aspects of registration on a permanent and temporary basis are set out in the following legislative and regulatory documents:

Constitution of the Russian Federation.
Housing complex of the Russian Federation.
Law No. 52420-1 of June 25, 1993 “On the right of citizens of the Russian Federation to freedom of movement...”.
RF PP No. 711 dated July 13, 2012 “On issues of the Federal Migration Service.”
Administrative regulations of the FMS.
RF PP No. 713 of July 17, 1995 “On approval of the Registration Rules...”.

Additional Information

It is impossible to remove a tenant from the living space he occupies without his consent. If the tenant and his family move to another place of residence, the social tenancy agreement is considered terminated from the date of departure.

Article 83 of the Housing Code of the Russian Federation lists the reasons on the basis of which a landlord can forcibly evict a tenant:

is more than six months behind on rent;
causes damage or destroys the apartment transferred to him;
uses the apartment for other purposes (for example, uses it as a workshop);
creates brawls, gets into trouble with neighbors and other residents of the apartment.

If the tenant falls under one of these clauses, the landlord has the right to file a claim in court. And only after a court decision can the tenant be evicted from the space he occupies with the termination of the social tenancy agreement.

If difficulties arise with registration in a municipal apartment, the lawyers on our website are always ready to provide information support.

Registration in a non-privatized apartment has its own characteristics, but it is not much more difficult than in a privatized one. The main problem is obtaining permission from all adult employers. Otherwise, the differences are insignificant and should not cause any difficulties when obtaining registration.

Procedure for registering a relative

The order in which a relative will be registered in a non-privatized apartment depends on the degree of relationship. First-degree relatives (children, parents, spouse) are registered by the employer freely, without obtaining the consent of the other registered persons. If you need to register a more distant relative (sister, brother, aunt, grandfather, etc.), then you will need to additionally obtain the consent of the remaining persons registered in this housing.

The Family Code of the Russian Federation states that spouses are obliged to financially support each other in everything. The same applies to the provision of living space. For this reason, a spouse can register his spouse in his living space only upon his own application without the consent of other residents. If housing is privatized in the future, both spouses will participate on equal terms.

The same rules apply to minors. Parents may not ask for the consent of other registered persons in order to register their children in a non-privatized apartment. An application to the FMS is submitted by one of the parents, including when it comes to a newborn. In the case where the parents are registered at different addresses, the child is registered at the address of one of the parents with the consent of the second (written). In the future, it will be possible to deregister a minor only by confirming that he will be immediately registered at a different address. A property in which a minor is registered can only be sold with the consent of the guardianship and trusteeship authorities.

Who can be registered?

The law provides for registration of two categories of citizens:

Relative . When it comes to a minor child, spouse or parents, they are given priority registration rights. A child whose parents already live in this living space is registered immediately, without taking into account sanitary standards for the density of the apartment. If we are talking about spouses or parents, sanitary standards are taken into account, and the consent of all registered residents in the living space is taken into account. The second line includes other relatives: grandparents, sisters or brothers, aunts or uncles, nephews, cousins, etc. At the same time, sanitary standards and the consent of registered residents are also taken into account. If the court finds that one of the relatives who wants to register is helpless and incompetent, then it can oblige their relatives to register such people without obtaining consent (for example, elderly grandparents or relatives with extremely limited capabilities due to health) .
Stranger person . You will need to obtain permission from the municipality or the organization that owns the property. These people should have the right to be registered.

Procedure for registering a non-relative

The procedure for registering a non-relative of the employer is generally similar to the standard one, but with some restrictions. To submit an application for registration with the Federal Migration Service, you must first obtain the written consent of all other persons registered in this municipal housing area.

The Federal Migration Service will certainly check what the number of square meters per each resident will be after registration. Each municipality has its own living space standards, the reduction of which is unacceptable. If it turns out that after registering an additional tenant the norm will not be observed, then the acceptance of documents may be immediately refused.

Child registration

Residents registered in non-privatized housing have the right to move their children in with the consent of other residents. But if these children are minors, then the consent of the residents and the municipal organization is not necessary. After all, Article 54 of the RF IC establishes that children have the right to live with their parents.

To register them, you will need the permission of the second parent (if the spouses have different registrations), as well as a document confirming that the child is not registered at the place of residence of the second spouse.

Registration without ownership

Until the tenants living in the apartment under a social lease agreement have privatized it, ownership of it belongs only to the municipality. For this reason, only the municipality:

Disposes of this housing at his own discretion.
Issues permission to conclude a social tenancy agreement, as well as to register new residents.

Thus, when submitting a package of documents to the FMS, regardless of who is registering (except for minors), it is necessary to additionally obtain permission from the municipality. You can not request permission, but in this case registration will take not 3 days, but 8, since the FMS will request all the missing information from the municipality through its own channels.

Only at their own request and without the permission of the municipality, any of the citizens registered in a given municipal living space does not have the right to change the apartment to another housing, or register other citizens.

Required documents

Documents are submitted in the presence of all participants in the procedure to the appropriate service. You need to provide:

passport of the new tenant;
application for registration at a new place of residence - form No. 6 (for a new resident);
certificate of previous registration (if the person has already left his previous place of residence);
written consent of each adult citizen registered in the living space;
a certificate from the Housing Office about family composition;
social rent agreement;
birth certificate (for those who have not yet reached the age of majority);
order to move in or obtain an apartment;
military ID. Previously, it had to be provided to citizens liable for military service, but now this document is optional for submission. Therefore, its absence cannot serve as a basis for refusal of registration.

Advice: it is better to provide copies of all documents immediately when submitting an application in order to save time spent on additional trips to the service, as well as reduce registration time.

Registration deadlines

Citizens can live in a populated area without registration for only 90 days from the date of arrival. This time is given to search for housing and complete registration. If it is impossible to obtain permanent registration, a temporary one is issued, the maximum duration of which is 5 years.

Documents submitted to the Federal Migration Service are reviewed no longer than 3 days, after which registration is issued - permanent or temporary. If the applicant was unable to provide any documents, the FMS authority itself requests it, and the period for registration activities is extended to 8 days.

The obligation to comply with registration deadlines at the place of residence is reinforced by administrative punishment for failure to register in the form of a fine . In populated areas of any region, the fine for such persons is 2-5 thousand rubles, and in Moscow and St. Petersburg - up to 7 thousand rubles. The owner of the property who provided living space for unregistered persons will also be fined. In the case of municipal housing, a fine will be issued to the tenant in the amount of 5-7 thousand rubles.

Rights and responsibilities of registered residents

When agreeing to register a person in a municipal apartment, employers must understand that registration of permanent residence presupposes equal responsibilities and rights of those registered, including:

participation in payment for services and maintenance of the apartment in proper condition;
registration of minor children without the consent of others registered;
participation in property privatization;
obtaining other housing in case of exchange or emergency situations;
registration of relatives with the consent of other residents.

Rights of residents who have permanent registration in a non-privatized apartment

Registration itself is just a notification to the Federal Migration Service about where a given citizen lives and on what grounds. However, permanent registration in a non-privatized apartment transfers to the new resident exactly the same rights as those previously registered in it:

Use this living space freely and indefinitely.
Move in his close relatives, as well as minors, whose legal representative he is, and not ask the consent of all other residents.
Receive other housing in the process of exchange, alienation of this living space, as well as after accidents.
Participate in privatization.

All residents who agree to register a new resident must clearly understand: the new resident will be able to take part in privatization, which means the shares of everyone else will be proportionally reduced. This is why it is extremely important to obtain written consent from all residents. The lack of consent of any of them, even if registration actions are completed, may subsequently become an obstacle to the implementation of the privatization procedure, or become a reason to challenge privatization.

Important points

It is possible to obtain temporary registration in non-privatized housing. This will also require the consent of all residents of the apartment, the same list of required papers. The difference is that:

such a person does not need to be discharged from his permanent place of registration;
the application is written according to form No. 1;
Instead of a passport stamp, the citizen receives a passport insert, which is valid on a par with permanent registration for 5 years. Then the temporary registration is cancelled.

In order for a child to receive such a residence permit, the consent of other residents is also not required.

A new registered resident acquires the same rights and responsibilities as other registered residents. He can also fully use this housing, register his minor children there, and receive alternative housing from the municipal fund (due to an emergency, exchange or resettlement). In addition, he is obliged to pay the costs of repairs, maintenance and payment for housing and communal services.

If a new tenant has debts or unpaid loans, then by court decision any property may be confiscated from him. But since it may be shared, other residents will have to prove that the things taken belonged to them.

How much does registration cost?

This question is often asked by the Federal Migration Service when submitting documents. By law, registration is free. There is no need to pay any state duties or other payments. However, often you still have to bear the costs. For example, if the tenant cannot be personally present at registration, then an authorized person can do this for him, in whose name he will have to draw up a power of attorney with a notary and pay the established fee for this. Also, persons registered in the apartment may be away from it for a long time (serve in the army, serve a prison sentence, be on a long business trip, etc.), then you will need to obtain from them notarized written consent for registration actions.

Features of non-privatized housing

As Art. 125 property rights and obligations on behalf of the state and municipalities are assigned to public authorities within the framework of their competence. Ownership of residential real estate is confirmed by the relevant register of federal, state and municipal property.

Management of these objects is distributed as follows:

Government of the Russian Federation: objects that are in federal ownership;
republican, regional, regional administrations, administrations of autonomous regions, districts, cities of federal significance: state-owned housing stock;
Administration of urban and rural settlements, other municipalities: objects in municipal ownership.

Employers often ask whether it is possible to register a person in a non-privatized apartment. The current legislation does not provide for any prohibitions on such registration, therefore, with the consent of all persons living in a given living space, everyone has the right to registration.

Cost of the procedure

Many people are afraid to carry out the registration procedure because they believe that it will take a lot of money. In fact, the entire registration process is free. You don’t even need to pay state fees or other specialist services. But from practice we can conclude that some expenses will still have to be borne.

For example, if the tenant of the property cannot be present during the procedure for personal reasons. In this case, he hires a trusted person who will be present during registration instead of the owner. To do this, you need to draw up a power of attorney in advance and have it certified by a notary. If the persons from whom it is necessary to obtain consent to register a new guest are far away (on a business trip, in the army, etc.), then they will also be required to obtain notarized consents in advance.

It is worth considering that the rules for registration in municipal housing have certain nuances that must be observed.

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