Condition for registration in an apartment
Registration in residential premises is subject to certain conditions. It should be noted that differences in procedure may only be due to housing status. For example, if a person intends to register on municipal territory, then certain dimensions of the occupied area must be observed. After registration, the established minimum must not be violated. In turn, this rule does not apply to residential premises owned by an individual. That is, the size of the free area does not matter.
Registration in a private household or apartment is possible only if you have the necessary documentation. These include:
- Passport of the interested person.
- Application for registration drawn up in accordance with Order of the Ministry of Internal Affairs of Russia dated December 31, 2021 No. 984 “On approval of the Administrative Regulations of the Ministry of Internal Affairs of the Russian Federation for the provision of public services for registration of citizens of the Russian Federation at the place of stay and place of residence within the Russian Federation” .
- Consent of the property owner.
- Agreement for rental or free use of residential premises.
Sometimes a court decision may be required if the move-in is carried out forcibly, that is, without taking into account the wishes of the owner. This is possible in situations where a person’s rights to live in this premises have been violated.
Obtaining owner permission
The procedure for obtaining permission from the owner is not defined by current legislation. In practice, such issues are resolved through negotiations. In some cases, a positive response from the homeowner is not required. For example, if a child who has not reached the age of majority lives where his parents are registered, then the consent of the owner and other residents will not be required. Registering children has one more feature. When the parents do not live together, the consent of one of them will be required for the child to live with the other. Also, a positive response from the owner will not be needed if the court decides to move the person in. This happens in situations where the tenant’s rights were violated and he lost his occupied space.
In other cases, the interested person needs to negotiate with the owner in order to register in the apartment. At the same time, it is impossible to oblige the owner to make a positive decision.
If there are several owners
If you own an apartment together, you must obtain consent for registration from each of the co-owners. The law requires a separate document to be drawn up with each of them.
If a co-owner of the property is registered, he does not need the consent of the other owners. But if he decides to register his relatives (in his own share of the apartment), then such consent will be mandatory.
It is also worth considering the nuances of allocating shares of property. If half of the house owned by one owner has a separate entrance, then the consent of the owner of the other half is not required. The same can be said about registration in a communal apartment, since its rooms also have separate entrances.
Rules for document execution
To obtain consent for temporary or permanent registration, you can use regular office paper. In this case, the rules for drawing up an appeal of any nature are applicable. The text of the document must not use words or phrases that offend human dignity, as well as profanity. It is necessary to clearly state the essence of the appeal, in this case to express your consent to the registration of a person in the owner’s housing.
The text of the document can be compiled by hand or using technical printing tools. The only mandatory condition is the signature of the owner of the property.
Is consent required?
Current legislation does not oblige the homeowner to have consent certified by a notary.
This is due to the fact that in most cases the owner is present in person when registering a person. However, in practice it would still be correct to implement such a procedure. This approach will help solve several problems that may arise in the future. First of all, the registering specialist will have no doubts about the authenticity of the document. Also, if circumstances arise that create obstacles for the owner to appear at the registration authority of the Ministry of Internal Affairs (formerly the FMS), the procedure can be carried out without the presence of the owner, this saves time.
What information should it contain?
The text of the document must reflect information that relates to the homeowner’s application.
This includes:
- Name of the registration authority to which the document is sent.
- Information about the owner of the property - last name, first name, patronymic in full, residential and email address, contact phone number, series, number and date of issue of passport, date of birth.
- Place of execution of the document.
- Registration address of the owner himself.
- Data of the interested person - last name, first name, patronymic in full, series, passport number, date, month and year of birth.
- Owner's consent.
- The address of the housing where the interested person will be registered.
- Date of document execution.
The consent must bear the personal signature of the owner. Otherwise, it may be declared invalid.
Where should the document be submitted?
The completed consent, along with the rest of the documentation, must be sent to the territorial body of the Ministry of Internal Affairs, which will process the registration. According to the requirements of the law, this can be done in several ways.
First of all, the documents are transferred personally by the interested party or the owner of the property. This option is the most common and profitable, since a person can personally verify that all the necessary information is not only delivered to the addressee, but also registered and accepted for execution. In this case, errors and inaccuracies can be eliminated on the spot.
Another of the most commonly used methods is electronic transmission. This option involves sending it through the resources of a special portal to the website of the registration authority. To do this, the interested person must have computer equipment at his disposal to translate documentation, including consent, into electronic format.
Postal delivery is also not prohibited by current legislation.
Features when registering for shared housing
In practice, there are quite often cases when a house or apartment is owned by several owners. In most situations, this is the result of the implementation of the property inheritance procedure. That is, the residential premises will be divided into parts, each of which is owned by different owners.
Registration in such an apartment or household is different in that the consent of only one owner will not be enough.
Obtaining permission from all owners
To register in shared housing, the consent of each owner is required.
In this case, the size of the parts that the owners have does not matter. This approach is due to the fact that individual shares in an apartment or house are not actually isolated from each other. That is, people will constantly interact with each other, including in the process of using common places - the kitchen, bathroom, toilet. Any failure to comply with the rules of residence can create problems for others. Therefore, before registering someone, the consent of the owner of each part of the house or apartment will be required.
To obtain permission, all owners must appear together with their passports at the registration authority and formalize their decision in writing. Also, the owner who accepts a person into his part is obliged to provide a lease or use agreement. The exception here is the presence of a relationship between the owner and the resident. In this case, no contract is needed.
Sample consent of the owner for registration at the place of residence
- Look
Risks for the owner
What are the consequences of permanent registration for the owner? It depends from which side you judge it. If the owner of the property is afraid that, having registered, the tenant will somehow seize part of his living space from him, then these fears are completely groundless.
What does registration give? It is of a notification nature and provides benefits only, let’s say, of a notification nature, namely:
- the possibility of getting a new job where there is a registration restriction;
- obtaining a TIN, registering as an individual entrepreneur;
- placement of children in educational institutions (read our articles on placement of children in schools and kindergartens, depending on registration);
- possibility of subsidies and benefits.
Ownership of square meters is generated by:
- purchasing real estate;
- inheritance;
- life annuity;
- donation;
- court decision.
Thus, the tenant will never receive a share of your property unless you donate it yourself.
But it is possible to complicate further legal actions with real estate . It may well happen that the guest does not want to leave your territory.
If the registration was not temporary, but permanent, then it will be possible to legally expel him only through the court (Article 31 of the Housing Code). Or sell your home urgently with encumbrances, which will significantly reduce its value. Then the annoying tenant will have to deal with the new owner (Article 292 of the Civil Code).
Is it possible to register with a power of attorney from the owner?
When registering a person in an apartment or household, the owner or all owners of shared housing are always present. However, certain circumstances often arise that become an obstacle to the owner’s appearance. Reasons may include poor health, long business trips, or training. The owner may not live in the premises where the interested person will be registered, but in fact is located in another locality, at a considerable distance. In this case, the law allows registration by proxy.
To register, the interested person, in addition to a passport, application, rental agreement and consent, will also have to provide the registration authority with an official power of attorney from the owner.
Its text should indicate the following:
- Date and place of registration.
- Information about the principal - full last name, first name, patronymic, month, year of birth, series number and date of issue of the passport, residential address. Similar data is indicated about the registered person.
- Registration address.
- Terms of reference of the legal representative. In this case, everything is limited to the implementation of the registration procedure, so the power of attorney will be of a one-time nature, that is, it will give the representative the right to perform one operation.
- Validity period of the document.
- Signatures of the parties to the transaction.
The document must be certified by a specialist and stamped by a notary. In this case, the power of attorney is given to the interested person against signature.
What does permanent registration give?
The declared place of permanent residence of a citizen will be linked to the possibility of exercising his rights and fulfilling his duties to public authorities - law enforcement, judicial, etc., society and other citizens.
Permanent registration will allow you to:
- receive free medical care in a clinic, social support, outpatient and inpatient care in institutions assigned to the specified area;
- use benefits, benefits and social services distributed on a territorial basis;
- register your newborn child;
- choose a kindergarten or school in your area of residence, and enroll your child there;
- issue a tax identification number, pension certificate, medical policy, individual entrepreneur certificate, obtain and replace a passport, driver’s license;
- register vehicles with the traffic police;
- take out a loan, confirm your current location when applying for a job.
We wrote about what rights registration in an apartment gives in a separate article.
