Owner's consent to register at the place of residence: is it necessary, sample and example of completion

Registration at the place of residence for citizens of the Russian Federation - the main provisions of the law

The key law that serves as the fundamental basis in matters of registration of citizens is the Law of the Russian Federation No. 5242 of June 25, 1993. It is indicated here that Russian citizens have complete freedom of movement and can independently determine their place of residence.

However, in order to control the movements of citizens within the country, they must register at their new place of residence. If a person moves to a new place, he is obliged to check out of the old apartment and register at the new place of stay within 7 days . This is a mandatory moment that will affect the person’s future life.

In addition, regarding registration issues, Government Decree No. 713 of July 17, 1995, and Art. 31 Housing Code of the Russian Federation. These standards state that all questions regarding the registration of unauthorized persons remain within the competence of the owner of the square meters.

At the same time, as a result of registration, a person only receives the right to use living space, including municipal ones. He cannot have any property rights, and if necessary, the owner of the property can change his mind at any time and discharge the tenant from his property.

The concept of "registration"

All residents of the Russian Federation are subject to mandatory migration registration. To do this, they need to go through the registration process in a particular housing.

Registration is the assignment of a specific home to a person. Registration allows you to receive services at the specified address, register for state and municipal services, receive free treatment in clinics, send children to schools and kindergartens, and so on.

Today, only foreign citizens-tourists can do without registration. If a foreigner plans to live in the Russian Federation for a long time, he will have to register in housing.

Is the owner's consent required to register a newborn in his apartment?

The issue of registering a newborn has a lot of peculiarities. Thus, according to the legislative framework, a parent has the right to register his child even in situations where he lives in the living space without being its owner.

However, here it is necessary to take into account the fact that a person who owns property rights can at any time remove even a child from the square meters he owns, although it is possible that for this he will have to go to court. Therefore, when deciding to register a newborn, you must at least warn the owner of the apartment and obtain his verbal or written consent. This will help avoid possible misunderstandings and problems with the apartment owner!

Features and nuances

One of the main features of consent is the citizen’s residence permit. It implies temporary or permanent registration. Before providing it, you need to think again and weigh the following factors:

• does the person wishing to register have other housing;
• presence of children;
• consent of other homeowners (if any).

If, after reflection, no questions arise, then consent can be drawn up. It is important to remember that living space with a registered person is difficult to sell or rent out under a rental agreement.

Owner's consent to registration of a foreign citizen

Registration of a foreign citizen has its own subtleties and nuances. Please note that in order to register a foreigner in an apartment, he must have a residence permit . If the user has a temporary residence permit, then he will need to enter into an agreement with the owner for the temporary use of residential premises on a paid basis (the rental price is indicated) or free of charge.

In addition, the owner must not only confirm in writing his consent to temporary registration, but also visit the FMS or GUVM with him in order to attest to his voluntary consent and notify the responsible officials.

Residence of a foreign citizen without registration is considered a violation and entails administrative penalties and deportation.

Design rules

Consent to grant temporary or permanent registration must be formalized within the limits of the law. Therefore, all rules must be followed.

Where to go?

The registration process begins with consent to provide it; the selected citizen must appear at the passport office or migration service, where there are forms and established samples on which consent should be written. The form contains the information necessary to provide registration.

Required documents

The apartment owner must provide the following documents:

• passport;
• certificate of ownership or other title document;
• permission to provide registration in the apartment.

The registering person must have the following documents:

1. passport;
2. application for the provision of services;
3. departure sheet, if the previously registered citizen was removed from his previous place of residence.

Statement

The basis of the form established by the state when drawing up an application for permission to obtain registration must be the following information:

1. The name of the registration authority is indicated at the top of the document. Next, indicate information about the registered person, as well as the address where the citizen will be accommodated.
2. Next, you need to indicate the form of the document, that is, an application.
3. Then they write a text indicating the details of the registered person and the request for his registration. His initials, date of birth and passport details are also indicated there.
4. The informational component of the document also includes the details of the owner of the residential property.
5. At the end of the informative part, there should be a phrase that the citizen lives in the premises with the consent of the owner.
6. The date, as well as the signature, are affixed personally by the author of the application and in the presence of persons carrying out labor activities in the registration authority.

The Federal Migration Service always has a certain sample that facilitates the correct preparation of an application. Based on it, you can competently draw up a document.

Where to submit?

Expert opinion

Kozlov Nikita Vladimirovich

Practitioner lawyer with 7 years of experience. Specialization: family law. Legal expert.

You can also submit documents to the management company. However, it is important to remember that the fastest way is to visit the migration office.

Registration deadlines

The procedure usually takes about a week. If you go to the passport office, the processing will take about three days. When transferring documentation to the management company, you can add the same amount to three days, since this procedure is not done quickly.

Cost and state duty

There is no state registration fee. The state fee is charged only to the person registering if he is a citizen of another country. The cost of state registration fee for a foreigner is 350 rubles.

Notarization

The owner's consent to grant the right of registration does not require mandatory notarization. The legislation does not impose a mandatory requirement for certification, since in most cases, the owner of the residential premises personally takes part.

Legal experts still recommend certifying applications, since in this case, it takes less time to consider the application, while representatives of the registering authority are convinced of the authenticity of the document. Another advantage of certification is the ability to invite a trusted person if the owner cannot be present.

What do you get after?

On the specified date, the registered citizen will receive a registration stamp in his passport. If we are talking about temporary registration, then a document confirming it will be issued, which must be inserted into your passport and carried with you. The homeowner does not receive documents in hand.

Should the owner be present in person during registration?

The registration process also has its own characteristics. One of the key features of the registration process is the need for the owner to be present during registration. The current legislative framework directly indicates that the move-in of an unauthorized person must be carried out exclusively in the personal presence of the owner.

However, if the registration permit is issued and approved by a specialist such as a notary, then the owner can be replaced by his authorized representative. There are also several circumstances that are considered justified for the absence of the owner of the living space during the registration process. This includes staying abroad for a long period of time, serious illness, etc. In such situations, it is allowed that the owner of the property can be replaced by his legal representative, who has a valid power of attorney to perform operations of this nature, and has provided a notarized permission from the owner for registration.

Remote format

The service on the ESIA portal is available to account holders who have confirmed their identity.

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Applicants need to log in to the website, go to the “Registration of a citizen at the place of residence” tab, and then fill out the electronic form. The system enters personal and passport data into the form immediately. Information about the employer will have to be entered manually.

At the sixth step of the operation, you need to put a mark on the person’s registration in his own apartment, house or room. Next, indicate the type of application “From the person who provided the living space.” The document is sent via telecommunication channels. No fee will be charged.

Is the consent of shareholders required for registration?

It is necessary to establish that, according to the current norms of the legislative framework of the Russian Federation, if the owners of the apartment are several citizens (at least two), the issue of registration will have a lot of nuances. Without any problems, only the owner of a share in the real estate will register. If the issue of registration of an outsider is being decided, then it will be necessary to obtain consent from all registered shareholders.

In general, the issue of registration of shareholders has the following features:

1. If shareholders have agreed to the registration of a stranger who has a child, then without any problems it will be possible to register a child under the age of 14 years.
2. If at least one of the shareholders does not give his consent to the registration of a stranger, then it will be impossible to register him and the decision of the second owner will not be taken into account.
3. If the question concerns a residential private house divided into shares, the principles of division must be taken into account. If each owner has a part of the house with a separate entrance, you can do without consent from the other owners. Otherwise, the required document must be provided by each shareholder.
4. The decision to add an outsider to a residential premises must be made by all shareholders, regardless of their shares in the property, so a consultation of owners is needed here. The legislator on this issue does not give any advantages to those users who own a large area.

Where to give

And where to send the request of the established form after it is completely ready? It is not possible to find a single answer to such a question. The thing is that residents of the Russian Federation can contact various government bodies to register people.

For example, the service under study is provided:

• migration departments of the Ministry of Internal Affairs;
• FMS;
• MFC.

In addition, you can turn to the help of the State Services portal. In this case, the application of the person who provided the citizen with residential premises is completed electronically. To do this, you will have to fill out the request form that will appear on the screen. This can be done easily with the help of tips.

Is the owner's permission certified by a notary?

The decision to certify the permission for permanent registration from the owner at the notary's office is made individually. This means that the final decision will be up to the parties to the process. The legislator does not oblige residential property owners to notarize their decisions.

If we are talking about registration in an apartment where there are several owners, then it is still better to obtain notarized consent for registration. This will help avoid unpleasant situations caused by a change in the shareholder’s decision.

In addition, many experts recommend that all permits be notarized. Thanks to this, representatives of government agencies will not have any doubts about the authenticity of the document. And this will affect the time allotted for checking the documentation. This will also relieve the owner from the need to be personally present during the registration process. Instead, he can send a proxy to represent his interests.

Results

We figured out how to write a statement from the person who provided the citizen with housing. This is not the most difficult operation a person can face. After processing the request, the resident will either be stamped in the prescribed form in their passport or issued a certificate of temporary registration.

Are there any other nuances? Yes. For example, foreigners can only be registered in housing temporarily. And they are additionally required to present a migration card. Otherwise, registration will be denied.

I guess that's all. Can the request text be printed on a printer? Yes, but the owner must still sign at the end. Otherwise, the paper will not be endowed with legal force. It turns out to be a simple piece of paper with some words written on it. They do not play a role for migration services. Despite this, it is better to write consent for registration completely by hand in legible handwriting.

Owner's consent to registration, form and content of the document

The legislator in no way limits citizens in matters of writing consent to register a stranger in their real estate. Thus, the agreement is written in any form, and it can indicate the data that the apartment owner considers necessary.

However, it must be pointed out that some points must still be indicated in the document without fail, and the legislator approves certain standards for filling out the document:

• personal data of the owner and tenant;
• indication of the address where the property is located;
• indication of the full name of the person who will be registered;
• date and personal signature;
• a phrase stating that the owner of the residential premises agrees to move-in and registration.

In some situations, a certificate from the user’s previous place of residence, as well as other documentation, may be required.

Owner's consent to registration for the Federal Migration Service (now the Main Department of Migration Affairs of the Ministry of Internal Affairs), sample and form

If the owner of an apartment registers a tenant through the Federal Migration Service, he will have to fill out a special sample document approved at the highest state level. You can find a current sample of the owner's consent for registration. ⇐

Application for registration from the owner, sample

If you need to write an application for registration from the owner, you first need to familiarize yourself with the current form and content of the document. Users will also have to study the type of document. You can do this by downloading the sample. ⇐

The difference between an owner and a tenant

Some people are interested in how the owner of an apartment differs from its tenant. At first glance, nothing - both can use the apartment or house for their own purposes. However, this is not the case.

Owners have the right to redevelop the property. In addition, the owner of the apartment can determine the legal fate of the housing - it can be exchanged, sold, rented out, donated or bequeathed.

The owner of the property establishes the rules for the use of residential property in accordance with established legislation and allows third parties to use his property.

Of course, it is the owner of the living space who gives consent to registration and permanent residence in his apartment. And he also has the right to discharge tenants.

Those registered on the territory can only use housing to meet their living needs. In exceptional cases they are able to participate in privatization. But the residents have no other rights to the apartment or house.

Registration through the MFC and passport office

You can register at your place of residence or stay at the multifunctional center. The service here is provided on an extraterritorial basis. The application is submitted jointly by the owner of the premises and the tenant. The MFC employee is presented with identification cards, as well as documents confirming property rights to housing.

Similar requirements are put forward when registering directly with the Ministry of Internal Affairs of the Russian Federation. The period for entering information into a unified information database is 3 business days. The period is counted from the moment the application is received by the registration service. If documents are sent through the MFC, you will have to wait up to 6 - 8 days.