Is it possible to register a person in a non-privatized apartment? How to register a non-relative in public housing? Legal.Standard

For any resident of the Russian Federation, the issue of registration at the place of residence is relevant. Previously, this procedure was called registration, many people still use this term. In fact, there are not many differences between the previous registration and the current registration, the main one being the possibility of registration for a while. The process is straightforward, but there are a few exceptions. One of them is registration in municipal housing.

Legal requirements

If the apartment is not privatized, can new residents be registered in it? Municipal housing is real estate that has a certain legal status.

In fact, it is the property of local governments .

Citizens are his employers, therefore, their rights are somewhat limited compared to owners of their own real estate.

Unlike registration in your own housing, the registration of which is carried out in accordance with the Civil Code, procedural issues for municipal housing are regulated by Article 70 of the Housing Code.

It is this document that contains the regulations for moving into and registering housing of this status. According to it, the employer cannot register a new tenant without the consent of all adult citizens who are already registered in the given territory.

At the same time, there are conditions under which the tenant may be refused registration for another tenant, if after that the share of each is less than ten square meters of living space.

The Housing Committee separately considers the issue of registering a newborn child or a new family member.

Registration by law in these circumstances involves changing the housing contract and adding new participants to it.

In addition to the residential complex, the registration procedure is regulated by Government Decree No. 713 of June 17, 1995 and Federal Law No. 5242-1. These documents define the procedure for submitting an application and provide a list of those responsible for its preparation.

Going to court

Any citizen of the Russian Federation has the right to appeal a decision regarding his registration in court.

Having permanent or temporary registration gives a citizen some significant privileges.

Therefore, it is worth going to court if, in the opinion of the applicant, the municipal organization provided an unlawful refusal of registration. A claim filed with the court is considered promptly. At the end, a decision is made in favor of the landlord or the applicant.

What reasons for refusal of registration most often appear in statements of claim in court:

the living space standard has been reduced;
the owner does not give consent;
controversial issues during registration in garden-type buildings.

There is a possibility that the court's decision will be in favor of the applicant. This is facilitated by a competent presentation of the case in the claim. But even in these cases, the municipality sometimes tries to challenge this outcome of the case by denying the person registration.

In any case, after the court decision enters into legal force, registration in a municipal apartment is carried out on the basis of a court order and within the time frame established by the court.

Who can apply for registration?

Is it possible to register a person in a non-privatized apartment? the consent of those living in it can move in and, accordingly, register in residential premises owned by the municipality . The difference from your own home is only in the restrictions on living space and the procedure for carrying out the procedure.

Who can be registered without the consent of the residents? How can you register in such an apartment if you are not a relative?

If the person registering is a relative of the tenant or any family member living in the area, it is enough for him to obtain the consent of all residents.

Since 2009, registration of relatives does not even require taking into account the area norm . In other words, anyone can register for municipal housing if the employer or members of his family declare that this is their relative.

If the person being registered is the spouse or parent of the responsible tenant, his registration is carried out according to a simplified procedure, without obtaining the permission of the other registered persons. At the same time, the administration makes changes to the social tenancy agreement.

To register an outsider, in addition to the consent of the residents, permission from the local administration that owns the property is required. At the same time, the authorities have the right to refuse if after this the size of the living space for each resident is less than 10 meters.

How to register a relative

First of all, you need to obtain the consent of all residents. Then you will have to contact the Federal Migration Service or the passport office of the house management. If, of course, there is one. Of course, a wife can live in her husband’s apartment without registration, but this may result in fines. The following documents are submitted to the government agency:

statements from all residents, that is, their written consent. To do this, you will have to visit the passport office and fill out the prescribed form;
the registrant writes a statement in Form No. 6. It is also signed by the landlord;
passport of the person wishing to register;
a certificate stating that the person has been discharged from his previous place of residence;
if the person has not yet been discharged, then he will need to additionally fill out the detachable part of the sixth application form. A copy of this document will be sent to your place of previous residence;
social rent agreement.

Attention! Registration may be refused. Most often, they are refused when the living conditions of the remaining residents worsen.

Rights and responsibilities of a new tenant

When deciding to add a new tenant to municipal housing, residents need to take into account that he will acquire equal rights with them.

He, along with other residents, will be able to perform the following actions:

Moving minor children into an apartment without the permission of those registered.
Obtain alternative municipal living space in case of emergency, resettlement or exchange.
Participate in the privatization of living space.
Move in family members if you receive permission to do so from other employers.

Most often, these circumstances are the reason why some employers disagree with the registration of a new person, because their share in the living space is significantly reduced .

In addition to rights, a new tenant also has a number of responsibilities :

The new tenant is required to participate in paying for housing and communal services.
Perform repair and maintenance activities.

For this reason, you can get a refusal from authorities who do not want to register unreliable citizens in their own living space.

For residents, the registration of a new tenant can result in unpleasant consequences if he has loan debts.

By law, bailiffs can arrest and even seize any property in an apartment to pay off a debt. In this case, residents will have to prove that the property belongs to them.

Registration of a minor citizen in the territory of residence of one of the parents is carried out without taking into account the opinions of other residents. Authorization is also not required.

Requirements for the application of a person providing a place to stay

The form of consent of the owner that is mandatory for use is not defined by law. Order of the Ministry of Internal Affairs of Russia dated December 31, 2021 No. 984 indicates only that the document must be executed. This regulation provides for two forms of consent – written and electronic. In both cases, the document must bear the signature of the owner.

Phrases and words that offend human dignity, as well as profanity, must not be used in the text. Marks and corrections are also not allowed.

The application must be certified by a notary or a specialist who accepts documents.

When applying for temporary registration, it is important to know how to apply for it through State Services or mail, as well as to know about the validity period and extension.

Regulations

To register, you need to go through the following steps:

Obtain written consent from the landlord if you are not a relative of those living in the apartment.
Submit an application (Form – 6) to the FMS department on whose territory the apartment is located. In addition to the one being registered, a statement of consent must be written personally by everyone living in the apartment.
Provide the required package of documents :

passport;
departure slip;
military ID (if available);
certificate from the administration about family composition;
rental agreement;
birth certificate (for a citizen under 14 years of age).

A child over 14 must attend in person.

Procedure for registering

The procedure for obtaining permanent or temporary registration in administrative housing includes the following steps:

Visiting local authorities to obtain permission (in cases where necessary).
Collecting consent from all residents in writing for registration of a new resident (except for registration of children and close relatives).
Preparation of a set of documentation.
Submitting an application to the registration authority.
Receipt of a response by the applicant.

Important! If the consent of at least one registered resident is not obtained, registration will be denied.

There are certain cases in which it is possible to register in a municipal apartment without the consent of the residents, although formally this should not happen. One of the options in the event of a refusal to register due to the disagreement of the person registered in the living space is to evict him. The reasons may be:

Prolonged absence of the tenant from the apartment.
He has debts on utility payments for more than six months.
Inappropriate behavior in housing that creates uncomfortable conditions for other residents.
Using a residential premises for other than its intended purpose, for example, as a workshop or retail outlet.

As soon as a decision is made to evict a tenant, he loses the right to vote when deciding whether to register a new person.

Important! If a person registered in municipal housing is not able to give written consent (is on a long business trip), another person can sign for him. But this will require a document certified by a notary.

Whether it is possible to register in a municipal apartment in the absence of the owner represented by the municipality depends on the specific circumstances. If we are talking about registering a child or a close relative of a person already registered here, no problems will arise.

The government agency has the right to refuse registration if the established norm for the amount of space per resident is violated. The only option for registering a person who is not a close relative in such circumstances is to go to court.

List of required documents

The list of necessary documents for registration consists of:

Passports of the applicant for registration.
Consent of each officially registered adult resident in writing.
A social tenancy agreement that needs to be amended due to the arrival of a new tenant.
Applications in a specific format, signed by the tenant and the registered tenant.
Military ID (if available).
Information about family composition.
Certificate of departure from the previous place of registration.

If you plan to register a person at a new place of residence, but he has not yet been deregistered at his previous address, you must additionally fill out the detachable part of Form 6. The document will be transferred to the Federal Migration Service at the previous place of residence.

Important! Within 7 days from the date of discharge from the previous place, a person is obliged to register in another housing in order to avoid administrative liability.

Depending on the situation, it becomes necessary to supplement the specified list with some other documents:

If one spouse registers the other, he submits the application on his own behalf. Both provide photocopies of the originals of their passports, a marriage certificate with a copy.
To register a child, you need a birth certificate and confirmation of the registration of mom and dad at this address.
If the parents are registered in different places, confirmation of the fact that the child does not have registration with the other parent is required; the only place of registration is this municipal apartment. Registration requires the consent of the other parent.
Registration of a mother or father is also carried out with the provision of certificates confirming the relationship with the person already registered in the apartment.

Where to apply?

Where to apply for registration in a municipal apartment? Depending on the form of management of an apartment building, you need to contact the housing department, homeowners association or other authorities that have a passport office .

If necessary, staff will recommend to you which organization you need to obtain additional certificates or permits for registration.

In addition, you can start the procedure at the MFC or through the State Services portal. To begin with, employees need to provide originals and copies of all of the above documents. The application, together with the applicant for registration, must be submitted personally by everyone registered in the apartment.

If one of those registered is temporarily absent, you will have to wait for his arrival. You can also use a notarized one-time power of attorney or obtain consent from a notary at your place of residence for the time being.

application in any form. At the same time, the address of the property and information about the responsible tenant are accurately indicated.

The stamp in the passport is placed exclusively in the department of the Federal Migration Service . Therefore, after checking the documents, you will be invited to receive documents from this organization.

Features of permanent registration

Today in Russia there are concepts of permanent and temporary registration. There are quite significant differences between these concepts that must be taken into account when registering in a social rented apartment or any other housing.

Permanent registration is carried out at the person’s place of residence, temporary registration is carried out at the place of stay. Other differences include:

Registration of a permanent type is indefinite, while temporary registration is issued for a certain period.
Temporary registration needs to be extended.
If there is a permanent registration for a specific living space, utility bills for it increase. A temporary resident is not taken into account when calculating amounts for housing and communal services.
You can terminate your permanent registration through the court or voluntarily. A temporary one is invalid after the expiration of the period for which it was issued.
Permanent registration is confirmed by a stamp in the passport indicating the address, temporary registration is confirmed by a separate certificate.

Temporary registration of citizens is necessary for the state for migration registration. Having a certificate gives the citizen access to social services.

Important! Every person who finds himself on the territory of the Russian Federation must be registered, otherwise he faces a fine. However, based on Law 5242-1, Russian citizens have the right to enjoy freedom of movement and choose their place of stay in the country.

Having a residence permit in municipal housing gives a tenant acting as a tenant under a social tenancy agreement certain rights:

Use the living space.
Move in minor children.
Move in family members.
Participate in the process of privatization of this housing.
In the event of an exchange or an emergency, receive in return another, but also municipal housing.

All these rights of citizens are spelled out in the Housing Code of the Russian Federation. Registration in a municipal apartment plays a very important role in the case of a privatization procedure. A person who is permanently registered in a municipal apartment has the right to receive his share as a result of the privatization of real estate.

Timing and cost

Currently, this procedure has become absolutely free .

Housing department or HOA employees can only offer to fill out documents for a fee; this requires your consent.

A citizen can refuse the service and complete all paperwork independently using the provided samples.

Employees of the organization are required to provide you with samples of filling out all the necessary forms. Registration deadlines range from 3 to 7 days , depending on the organization to which you submitted documents.

Where to submit?

Documents for registration are submitted to the passport office of the Federal Migration Service or the management company, house management, if such departments exist in these organizations.

Registration is an important state institution. It is needed not only for accounting, but also for the fair distribution of social benefits. Providing citizens with medical and educational services, calculating pensions and the like. It is no secret that a person who does not have a residence permit has no right to apply for state assistance. Therefore, you should not neglect it.

Lack of consent

How to register a person in municipal housing if one of the registered residents objects to this? registration is impossible in this case , but there are options for solving the problem if one condition is met.

You can try to discharge a non-consenting tenant. Of course, there must be good reasons :

he does not live in the apartment for a long time;
does not pay utility bills for more than 6 months;
systematically violates public order;
uses living space for other purposes.

Situations that may give rise to grounds for discharging a resident may be different:

The citizen purchased his own housing, but does not live in municipal housing for a long time and does not participate in its maintenance.
The former spouse moved to a new place of residence with a new family and does not appear in the apartment.

According to the law, these facts can serve as grounds for eviction and termination of the tenancy agreement with this tenant. But this can only be done with the participation of the court.

In the absence of such grounds, it is impossible to register without the consent of even the only tenant.

The legislative framework

Social rental of premises is discussed in Chapter 8. Housing complex of the Russian Federation. Article 70 of this document contains explanations of the grounds for moving into municipal housing.

The rules for registering citizens of the Russian Federation at the place of stay and place of residence can be found in RF PP No. 713 and Federal Law No. 5242-1. This document was last updated on May 25, 2021.