Registration in a new building: how to register in a new residential complex

Differences between the previous “registration” and registration at the place of residence

At the moment, “registration” does not give its owner any rights in relation to real estate (except for the right to use for a specified period)

.
If previously a person who was registered in an apartment but did not have property rights could not be discharged “to nowhere” (only to a new place of residence)
, thus depriving him of the right to continue to use the housing, now the owner can do this completely calmly.

Registration of the new owner at the place of residence is only a consequence of his rights to the apartment, and also a consequence of his desire to register himself or someone else on his territory.

However, according to the law, every citizen of the Russian Federation must obtain state registration at the place of residence (or stay)

. In other words, the state needs to know where this or that citizen lives, because this is precisely why registration was introduced.

Previously, registration combined two functions - it provided government services with information about where a particular citizen lives, as well as information about who owns the property.

Now registration only allows you to maintain internal migration records - this is done by the Ministry of Internal Affairs (which recently included the specialized structure of the Federal Migration Service)

, and information regarding property rights is collected separately, this is done by Rosreestr.

Details

Legislation encourages citizens to provide information about their residence or stay to government agencies through certain restrictions. For example, you can buy a car without registration, but you won’t be able to register it; it’s also very difficult to get a bank loan without registration. Certain difficulties arise when using social infrastructure - it will not be possible to register a child in a kindergarten or school, register with the nearest clinic, etc.

Do I need to register at all?

The law allows a citizen of the Russian Federation to live without registration for no more than three months, if circumstances have developed in such a way that, for example, it is necessary to stay in another city longer, it is necessary to obtain temporary registration there (at the place of stay)

If a person “checked out” from the apartment where he lived (received a “departure certificate”)

, then he must register in a new place within seven days.
Or make a temporary registration if he moved, for example, to a rented apartment (if his property was sold and there is no new housing at the moment)
.

Terms and cost of service provision

According to the law, the registration authority must register citizens who submitted an application no later than three days from the date of submission of all documents. In some cases, the provision of services may take up to eight days. For example, if you need to make clarification on the documents submitted by the applicant.

If there are no questions about the submitted papers, then the service is performed within the prescribed period. As for the cost, the service is absolutely free. There are no registration fees.

Is it necessary for the owner to register in a new building?

What to do if, at the time of purchasing real estate from a developer, a citizen already has an apartment in which he is registered, because he can only register in one place?

It all depends on where the citizen lives (or plans to live, stay)

in fact, administrative penalties are already provided for “fictitious registration”
(this issue will be discussed in more detail below)
.

If, for example, you bought an apartment in the same city or region (in the same subject of the Russian Federation)
, where you currently live, and for some reason do not want to change your “registration”, then it is not necessary to do so.
If housing is purchased in another subject of the Russian Federation, but you do not intend to live there, there is also no need to register in the purchased apartment.
But if the purchased apartment is located in another city, and you are going to live there, then registering there is simply necessary.

Obstacles to registration

It is possible to obtain registration in a new building only if the rights to the property have already been registered, otherwise it is impossible to do this.

Considering the fact that developers often delay the commissioning of a property, shareholders have to wait for this moment, and only then formalize the right to property, and then registration. Until all procedures related to putting a residential building into operation are completed, the building itself and all apartments do not have the status of residential real estate; accordingly, from the point of view of legislation, it is impossible to live there, and therefore it is impossible to “register”.

Another obstacle faced by those wishing to register in new housing is the lack of an extract from their previous place of residence.

The procedure for deregistration involves submitting an appropriate application at the place of registration and receiving a document confirming deregistration (the citizen receives a “departure certificate”)

However, there is an easier way to prepare the necessary document.

If you plan to register in another city, then it is not necessary to go there to submit an application for an extract - it is enough to submit it simultaneously with the application for registration in the place where you are going to register. At the same time, this method has its own nuances: if according to the regulations, registration at a new place of residence is required within eight working days from the date of filing the application, then in the absence of an extract document this period can extend for an arbitrary period of time.

House for individual housing construction: concept and legal status

Individual housing construction is a certain category of land plots, which deciphers its possible intended use. These lands are located within populated areas.

An individual housing construction house is a property that is built on a site for individual housing construction. Individual housing construction land is issued for the purpose of building a country house there. This house can have up to three floors and is intended for one family. If the property is not put into operation within 3 years, the owner will face penalties.

The status of the individual housing construction house is residential. This means that this building is suitable for year-round living. To do this, it has all the necessary communications.

Registration of owner

After registering ownership of an apartment, its owner can register himself, his family members, as well as anyone he wants, at his address, regardless of whether those who want to are related to him or are strangers. The procedure for “registration” involves submission to the passport office (or the nearest MFC)

the following documents:

Application for registration;
Identity document (legally recognized as such – passport of a citizen of the Russian Federation, driver’s license, etc.)
;
Document on ownership of housing;
Departure sheet (optional, but recommended)
.

The passport office employee is obliged to check the paperwork, and if everything is completed properly, set a date when the homeowner can appear to receive a supporting document and affix the appropriate stamp in the passport. If there are obstacles to registration, the owner receives a refusal - a written document stating the reasons for the refusal.

Where to contact

Now let’s look at where you need to go to apply for temporary or permanent registration. Previously, only divisions of the migration service and passport offices underestimated this. Today everyone can choose the most convenient way for themselves:

through the registration authority;
through the government services portal;
through MFC.

Registration authorities receive citizens on certain days and hours with the above package of documents. You can also apply for registration through the MFC located in your city. The registration procedure in this case is no different from registration through the passport service.

A big advantage of submitting documents through multifunctional centers is that there is no need to stand in queues. When submitting documents through the government services portal, you also won’t have to wait long. You can be at home and fill out all the documents on the spot.

The only thing is that you need to have authorization on this portal. You will still have to receive a registration certificate or a permanent residence stamp directly from the registration authority with your passport.

After receiving the application, he is informed where and at what time he needs to come. If the applicant does not appear at the specified time, then he will have to fill out everything again. Reasons for refusal to provide a service may include inaccurate data or an incomplete package of necessary documents.

Registration of family members and third parties

To register family members, as well as third parties, the package of documents submitted to the passport office is supplemented with the following papers:

Statement;

Passports of everyone for whom registration is being made, as well as the owner of the property;
Agreement (in a written form)
owner for registration of the persons specified in the application
(except for co-owners)
;
Agreement (in a written form)
all persons currently permanently registered at the address.

Registration of third parties without the participation of the owner

There is also the opportunity to register in an apartment without the personal presence of the owner, which is very convenient in cases where the latter, for example, is in another country, undergoing treatment or, due to various circumstances, cannot be present in person. An applicant wishing to be registered submits the following documents to the passport office:

Application for registration;
Passport (other identification document)
;
Copy of owner's passport (notarized)
;
Owner's consent (in writing, notarized)
;
Departure sheet (optional)
.

Number of people registered in the apartment and fictitious registration

It should be noted that applications for registration of persons who are not members of the owner’s family arouse increased interest on the part of government authorities and this is due to the provision of the law on fictitious registration. Registration for selfish purposes on the part of the owner or registration without the intention of living at the address specified in the application entails administrative liability (fine, in some cases - imprisonment)

.
Moreover, punishment is provided for both the owner and those who register in his living space.

Suspicions among employees of the structure of the Ministry of Internal Affairs dealing with issues of migration control and registration may arise if the number registered exceeds the social standard (one person per 6 sq.m. of housing area)

. However, this does not mean at all that the legislation in any way restricts the owner in his right to dispose of his own real estate.

Theoretically, it is possible to register an unlimited number of people in a new building, even exceeding social standards is allowed. But in this case, all registered persons and the owner will have to prove that each of those registered (including the owner)

actually lives in the living space indicated in the documents. If you fail to do this, punishment cannot be avoided.

Igor Vasilenko