With the registration of minors, things are always clear. We will touch on this issue later. But the number of people registered in an apartment is not strictly established by law. It is calculated taking into account many factors.
Typically, government agencies have questions only for those owners of residential premises who, for a fee, fictitiously register in the apartment a person who needs registration.
Currently, an active fight against “rubber apartments” has begun. Unfortunately, sometimes respectable citizens with a large number of actually registered relatives also come under checks by law enforcement agencies.
If you find yourself in a similar situation, we recommend that you consult with civil lawyers.
Registration forms
The first thing you need to understand is that registration has several forms. Some believe that depending on them, the number of permissible persons for registration in a particular housing area changes.
There is a temporary registration. It usually does not endow a citizen with any special rights. It only gives the right to use the housing for its intended purpose. Issued only for a certain period of time. And there is permanent registration. It is also called “at the place of residence” (the first is at the place of stay). It has no time limits, is recorded in the passport of a citizen of the Russian Federation, and gives residents some special rights (for example, the opportunity to participate in privatization).
Does this depend on how many people can be registered in an apartment? To be honest, no. Therefore, all established rules will apply to any form of registration of citizens.
How to find out the number of residents?
To understand whether more residents can be registered, you need to check how many people are already registered at this address.
You can find out about the number of registered ones at the passport office , the Federal Migration Service, the Management Company or the unified state register of the Unified State Register.
One of the easiest ways is to look at your receipt.
It indicates the number of people registered at the address. It should be noted that the more persons are registered in the housing space, the greater the amount of rent will be indicated on the receipts. We talked about this in more detail here.
From footage
However, some housing indicators play a huge role in the immediate constraints on our issue today. What factors can be taken into account?
Of course, the first thing to consider is the square footage of your apartment. It is he who plays the main role in determining the “limits”. But the restriction only applies under specific circumstances. More on them a little later. How many people can be registered in an apartment (temporarily or permanently)? This will be indicated by the footage of the room. Its total area is taken into account.
According to the Housing Code of the Russian Federation, there is a certain standard for square footage per person. Therefore, it plays a huge role directly and the size of your living space. The number of rooms does not matter. Please note: the average norm per person in Russia is 10 square meters. Based on this indicator, the maximum permissible norm of registered citizens is calculated.
Accommodation and registration
The legislation of the Russian Federation does not provide for the definition of registration. By this term, citizens mean registration, which is formalized by affixing a stamp to the passport. Registration is provided on a permanent and temporary basis.
Importantly, legal norms oblige citizens to register on an ongoing basis. In case of failure to register, sanctions are provided in the form of a fine.
In addition to the above benefits, registered citizens:
- additional benefits are provided;
- employment is facilitated;
- a loan is issued for consumer and other purposes;
- utility payments are simplified;
- pensioners are paid based on their place of residence.
Region
No matter how strange it may sound, to accurately answer our question today you will have to take into account your place of residence. Or rather, the region. He, too, under certain circumstances, will play a huge role. How many people can you register in an apartment? This will be indicated by the standard footage per person in a particular region. Moreover, it should not be confused with the previous version. After all, it reflects the average number of persons allowed for registration in the premises.
Regional indicators in each subject of the Russian Federation differ from each other. They will help calculate the exact number of people who can be registered in the apartment. For example, at the moment in St. Petersburg, 1 person is entitled to 9 square meters. To correctly answer our question today, it is necessary to divide the total area of the room by this value. And you will get a figure that gives an exact answer to the question posed. Remember: the registration form does not play a role in this.
How many people can be registered in a private house?
If a person is the full owner of the property, then there are no restrictions on the number of people registered in a private house.
Restrictions apply only if the private house belongs to municipal housing. In this case, for 10 sq. m (average value) you can register no more than 1 person.
When registering people in an apartment or private house, you need to keep in mind that the cost of utilities will be directly proportional to the number of registered people: the more people are registered, the higher the utility bill will be.
Own
Property is an extremely important indicator in our business today. If you are wondering how many people can be registered in a one-room apartment (and not only), think carefully about who is the owner of the property. And the number of them is also worth thinking about.
The thing is that if your housing is municipal, then the restrictions will be enormous. The limit on the number of citizens available for registration will be relatively small. Especially if the footage of the room is small. But in the case when you yourself are the owner (the only one or not - this is not so important), all restrictions will be reduced. There is a virtual absence of them.
Deadlines for registration
The Federal Migration Service of the Russian Federation registers residents of the country. Registration period is one week. The period is extended if the registration authority sends requests regarding registration. There is no provision for the removal of state duty. The authorized body will issue registration free of charge.
Important! Registration of citizens in Russia is mandatory. Residents who have not registered for three months in another housing are subject to legal liability. There is a fine for the violation.
Which structures issue registration?
Registration is completed:
- multifunctional centers;
- on the “Public Services” website, where certificate forms are filled out online;
- regional structures of passport offices.
Citizens submit certificates, the list of which depends on the legal status of housing. For registration in apartments of both municipal and private property the following are provided:
- photocopies of documents - passports, birth certificates;
- written request;
- for a representative of an individual - a power of attorney;
- social tenancy agreement;
- certificates of private property rights;
- agreement between the owner of the property or citizens residing on a legal basis.
How long does the procedure take?
This procedure is completed by employees of the Migration Directorates and local departments of the Ministry of Internal Affairs. In these authorities, the registration process takes three days. Multifunctional centers take longer to process – seven days.
Registration, temporary or permanent, is free for Russian citizens. State duties are not waived. The services of private companies and representatives who provide this type of service are paid.
The legislation provides the right to register both by directly submitting certificates to the Federal Migration Service, and by sending documents by mail. The documents we send must be notarized. Department employees, having received a list of certificates, notify the citizen in writing about the day of personal appearance.
A similar procedure is done through the “Public Services” website. After registering on the site, you need to fill out an application form. This design method is convenient and practical. The duration of the procedure is three days.
For foreigners, registration is paid. The payment amount is 215 rubles.
I own one
How many people can be registered in 1 apartment? It should be noted from the above that the answer is influenced by a huge number of factors. Of course, every point is important. But the form of ownership is taken into account first of all.
If the premises have only one owner, then it is he who determines how many people to register in the living space. Russia does not yet have any laws that would precisely set limits in this regard.
The huge advantage of this arrangement of events is that other indicators mentioned earlier are not taken into account when registering. This means that the owner of the apartment independently, without restrictions, decides what answer to give to our question today. Neither the square footage of housing, nor the rate per person, nor the region of residence act as limiting factors. Although even if the apartment is privatized, you can stumble upon some pitfalls.
About the consequences
Many homeowners are interested in the consequences of registering new people in their living space. Since fraud in the real estate industry is not decreasing, this concern is understandable, and excessive vigilance is unlikely to be unnecessary. However, it is worth noting that there are no negative consequences foreseen when registering new residents. It is only important to remember that with each registered person, if this is not a temporary registration, utility bills increase. If the registration is temporary, the receipts remain unchanged.
What you really need to pay attention to is fictitious registration. Some enterprising citizens offer temporary registration to unauthorized individuals for a certain fee, despite the fact that these persons may not live at this address for a day, being in a completely different locality. Such activity is punishable by law, and the homeowner may not get away with just a fine. There is also criminal liability for fictitious registration:
- With imprisonment for three years;
- Correctional labor for the same period.
Punishment can be avoided if the owner actively cooperates with the investigation in this matter.
Several owners
For example, if you have an apartment in shared ownership. Then the decision on how many people can be registered in a privatized apartment is made jointly. Namely, in agreement with the other owners of the premises. Except in the case of registration of a minor child. This does not require any approval from the other owners.
That is, virtually all restrictions will be imposed directly by the owners of the residential premises. You have the right to register as many people as you decide at the general council. As soon as you receive a refusal from the other owners (even one person is enough), your apartment ceases to be “rubber”. And you won’t be able to register anyone else even temporarily in it.
Registration of minors: how to register a child in another apartment
Minors can only be registered in the apartment where their parents or guardians are registered. It is allowed to register a child to live either jointly or with one of the parents (Article 20 of the Civil Code of the Russian Federation).
Extract if a minor has a share of housing
If the child owns part of the real estate in which he is registered, his discharge will be handled by the district department of guardianship and trusteeship. This supervisory authority will require a lot of documents. You need to prepare a certificate of family composition from the passport office.
It is necessary to provide a purchase and sale (exchange) agreement or a notarized mortgage agreement. Proof of ownership will be required from each home owner.
To respect the rights of the child to ensure equal living space, technical passports of old and new housing are needed. It is important not to forget the passports of both parents, as well as the child’s birth certificate (from 14 years old - a passport).
Submitted documents are reviewed within two weeks. Guardianship authorities take into account several factors. The extract will be refused if at the new address the share of the acquired living space in favor of the minor is smaller in size.
Re-registration of a child at a new address without providing any share is impossible (he cannot lose his property). It will also not be possible to transfer a child from his own apartment to public housing, because this will deprive him of his property.
Extract of a minor who does not have a share
The registration of a minor who does not have a share in the property goes without the attention of the guardianship authorities and takes place according to the usual procedure at the passport office. But there are a number of conditions. The previous housing should be purchased, not privatized.
When housing is privatized, the child either receives a share (then the discharge follows the scenario from the previous paragraph) or refuses it. Then he receives the full lifelong right to reside in this apartment.
Of course, you can cancel the registration and register the child in a new place with his consent. But it will be almost impossible to sell your previous home, because no one will buy an apartment to which a person with the right to live in it for life can return at any time.
Discharging a child without shared ownership from municipal housing will also not be easy - the process will necessarily be controlled by guardianship. Supervisory authorities will check the conditions at the new place of residence and will not allow the minor to be registered in a place where living is worse than in municipal housing.
If the apartment was purchased by the parents and not privatized, and the child does not have a share in this housing, then there will be no problems with subsequent registration at the new place of residence at the passport office.
Sources:
Federal Law of December 21, 2013 N 376-FZ (as amended on December 31, 2014) “On Amendments to Certain Legislative Acts of the Russian Federation”
Federal Law “On the right of citizens of the Russian Federation to free movement throughout the country and on independent choice of place of residence or temporary stay” (No. 5242–1)
State Decree No. 713 of July 1995, last edited in March 2008.
Housing Code, Art. 70.
Order of the Ministry of Internal Affairs and the Migration Service of May 19, 2009.
Administrative Code of the Russian Federation, Article 19.15.
Municipalities
What to do if the housing is not privatized? That is, you are not the owner. Here the situation is somewhat ambiguous. After all, there are several options for the development of events.
The first is a limitation based on your region and the size of your home. How many people can be registered in a two-room apartment? This will directly depend on the specified parameters. Using the example of St. Petersburg, you can accurately see the calculation scheme.
Let's assume that our housing has a total area of 63 square meters, the norm per person in St. Petersburg is 9. Then we get: 63/9=7. This means that you are allowed to register a total of 7 citizens. And it doesn’t matter whether they are temporarily registered or not.
The second possible option is realized when a lease agreement exists. In this case, citizens must obtain prior permission from the municipality. Typically, the state relies on the above example. But not always. There are also cases in which only the permission of the “municipalities” is taken into account, as well as the total area of the premises. How many people can be registered in a communal apartment or just a non-privatized one? If we are guided by the second diagram, it is possible to consider the issue in a visual form without any problems.
Let's assume that we have an apartment that belongs to the state. Its area is 60 square meters. To calculate the number of citizens allowed to register in it, you will have to take into account the average square footage per person in Russia. At the moment it is 10. We get: 60/10=6. It turns out that exactly 6 citizens can be registered as a maximum on the territory of the home. Again, the form of registration, temporary or permanent, does not play any role. All this is not so difficult to understand if you think about it carefully.
Service housing
A service apartment is usually owned by the state or a legal entity. Despite this, such housing is not subject to restrictions related to the area of the apartment. Accordingly, you can register as many people as needed in such real estate.
However, you need to pay attention to two nuances:
- registering someone in such housing is possible only after obtaining consent from the owner;
- Registration will be temporary.
Accommodation in a company house is a temporary procedure. After a certain period of time, the tenant will be required to leave.
What about the law?
How many people can be registered in the apartment? The Law “On Rubber Apartments” seems to many to be a limiter in this matter. To some extent this is true. Now there is responsibility for registering citizens in the territory if they do not actually live there. As practice shows, if the footage of the room is large, and there are not very many people registered, no one will pay attention to it. Moreover, when registration took place a very long time ago.
Thus, the law indicates that as many citizens can be registered as will reside in the territory. But at the same time, all the above restrictions are taken into account. In particular, if we are talking about a municipal apartment.
Room in a communal apartment
Theoretically, an unlimited number of citizens can also be registered in a room in a communal apartment. However, since several people usually live in communal apartments at once, you will have to obtain consent for this action from each of them (in writing). The decision to register is made only if all residents agree to it.
The only way out if one of the residents refuses is to resolve the problem through the courts. The judge can side with the plaintiff, but only if the registration of a third party is justified. It is worth considering that other participants in the procedure will take part in the meeting and will be able to defend their position.
Practice
How many people can you register in an apartment in practice? It all depends on who owns the premises. In the case where housing is not privatized, the law “On rubber apartments” plays a huge role. This means, taking into account the square footage per person standards, you have the right to register (with the permission of the municipality, of course) as many people as will live on the territory.
But when you are the owner, you can register as many people as you wish. Just know when to stop. If too many people “live” under registration, especially temporary ones, they have the right to visit you and check. If violations are detected (people are registered in the apartment, but do not actually live there), a fine is imposed. Take this into account!
Share or room
How is registration carried out in an apartment with shared ownership (according to DDU)?
Is it possible to register several people for your share? The right to use a share of housing is limited by the rights of other persons.
Each owner of a share of housing has the right to fully use non-residential space: bathroom, toilet, kitchen, and so on.
Consequently, the more people constantly live in a room, the less comfortable conditions will be created for each of them.
The share can be allocated or unallocated. An unallocated or, as it is also called, an ideal share implies that the premises are owned by a collective owner.
The rules for the use of such property are contained in Article 247 of the Civil Code of the Russian Federation. Registration in housing with shared ownership is carried out only by obtaining consent from the owners of all shares .
Not always even the owner of a share can register. If a citizen actually owns a meager area that does not allow him to move into an apartment in kind, then the court may recognize such registration as fictitious and cancel it.
If the share is allocated , then there should be no problems with registration.
In practice, migration service employees require the consent of the owners of other shares, but such claims have no legal basis.
Features of registration in municipal housing
Municipal housing, unlike privatized housing, is not the property of individuals. It is on the balance sheet of local governments. The municipality provides social premises to those in need of improved housing conditions, if they have many children or are low-income. A social tenancy agreement is concluded with the residents, which stipulates the conditions for the use of the living space. The document indicates the responsible tenant and includes those persons who are registered in the apartment.
To register in municipal housing, you must have a family connection with a person already registered there.
If this condition is met, then the consent of the remaining people registered on its territory is necessary. It is extremely difficult to register a stranger in a social apartment, if only because such operations are carried out only with the permission of the municipality and if there is a free area.
Living space standard
Living space standards in a municipal apartment are relevant in the following cases:
- The person being registered is not a minor child of a person already registered in this territory.
- A citizen is registered who does not have a close provable relationship with one of the residents.
The required square footage ranges from 6 m2 to 12 m2, or rather determined by local governments.
Please note that, unlike private property, registration in social housing always requires availability of free meters for permanent registration. Significant restrictions in the registration rules for social property are quite justified, because in the territory of such apartments all residents have equal rights, and it is quite difficult to discharge a person later.
Obtaining permission from the landlord
Another distinctive feature of municipal housing is that most decisions regarding the registration of new citizens on the territory of the apartment must be agreed upon with a third party - the owner of the property, which is the local government. Permission will be required if a citizen is registered who does not have a direct relationship with one of the residents living in the premises.
The municipality always has the right to intervene and prohibit the registration of a particular person in a social apartment. In most cases this happens for two reasons:
- An outsider is registered temporarily or permanently.
- The living space of the premises does not allow registering one more person.
But when registering newborn babies or minor children, as well as when registering their husband or wife, the authorities are not notified and their will is not taken into account.
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.
What certificates are submitted?
In accordance with the requirements of the law, the following must be submitted for registration:
- photocopy of passport;
- a copy of the absentee certificate from the previous place of residence (if necessary);
- a written request in the prescribed form;
- approval of the owner of the property, already registered citizens;
- photocopies of military ID.
Citizens of other states provide documents to the Federal Migration Service. Residents of the Russian Federation – branches of address desks. Authorized persons register citizens in accordance with the submitted certificates.
This is important to know: How and where to get a registration certificate
