Therefore, citizens resort to the help of relatives, acquaintances and simply strangers who can register them in their living space.
Find out about the features and differences when registering at the place of residence in privatized, municipal, mortgage and communal apartments on our website.
Voice of legislation
Is it possible to register not a relative, but a stranger ?
The legislation gives us general rules for carrying out the procedure for permanent or temporary registration .
When registering it, family ties are not at all important (only if we are talking about a minor child).
Both a stranger and your immediate relative are citizens of our country who have absolutely equal rights , which means the procedure is no different for them.
There is rather a moral aspect at work here, because it is much easier to register a loved one in your home , because there is a greater degree of trust in him, which cannot be said about a stranger.
The procedure is clearly regulated by laws and regulations. Let's get acquainted with the main ones.
Federal Law No. 5424-1 of June 25, 1993 , which talks about the rights of citizens to move throughout the territory of our country, talks in great detail about the main issues of registration at the place of stay or permanent residence with all the nuances.
This is the main regulation that should be followed before submitting documents to the passport office.
You should also be aware of the sanctions that may be applied if, for some reason, you have not legally designated your place of new stay and permanent residence within the prescribed period. Article 19.15.1 of the Code of Administrative Offenses will tell you about the sanctions (also read our article about the penalties for not having a child’s registration).
For passport office employees, there is a list of special regulated rules , in accordance with which documents are accepted from citizens and registration is completed.
These rules are internal instructions, but are freely available on the Internet . It will be useful to familiarize yourself with the main points of the document.
Rights of the registered
What does registration give and who can be registered in their own apartment? Registration gives a person the right to use the premises . In this case, he does not have any property rights. However, the owner of square meters who has registered a stranger or his relative in his living space must be prepared for certain situations:
- It will be impossible to discharge a person without his consent. This can only be done through the court, and it is not a fact that the claim will be satisfied. Thus, if a citizen decides to sell real estate, he will be forced to do so together with the person registered in it.
To protect yourself in such a situation, the owner registering an unauthorized person can draw up an agreement with him regulating the procedure for deregistration upon request.This action will protect him if the citizen does not want to be discharged voluntarily. The law will be on the side of the owner and it will be possible to discharge a dissenting tenant even if he has nowhere to register.
- If a registered child is born , then it will be possible to register him at the place of registration of the parent without the consent of the owner. It will be impossible to deregister a minor without permission from the guardianship authorities. Moreover, it is generally impossible to discharge a child anywhere. So if his parents do not have their own home, the child will remain registered with you until he is 18 years old, and no court will allow him to be discharged.
Possible risks and consequences
As we have already said, failure to comply with registration deadlines may result in the registration citizen paying a fine
If the period of his temporary stay exceeded three months, and the individual has not even begun to register, he must pay a fine .
Also, fines are imposed on owners who allow citizens to live on their territory without any registration .
When registering a stranger, for example, a friend or tenant, in your home, be prepared for some nuances that may arise in the future. What does this threaten?
Regardless of what kind of registration a citizen is given (permanent or temporary), if he has a child , the baby automatically becomes a tenant of your premises, because his parents are registered there. It is possible to discharge tenants if they refuse only through the court (for more details, see our article on registering a child without the owner’s consent).
Also, despite the fact that the registered person does not have any rights to dispose of your property, he can use it on an equal basis with the owners .
Therefore, if you want to sell real estate, you must obtain permission for this action from the registered one.
Find out how to obtain the owner’s consent for registration in our article.
What rights does a person have to the apartment in which he is registered, not the owner?
Those who own housing are concerned about such a topic as registration of citizens and the rights they acquire at the same time. They are afraid that citizens who will be registered in their apartment will become owners. So, in order to dispel all fears, it is worth studying the topic of citizen registration in more detail.
But there is one exception - children. If you have registered someone in your home, and he has or has children, then you have the right to register him in your home. It is not possible to discharge a child without providing another space. And as a result, the parent can register at the same address as the child.
We recommend reading: How to Get a Large Family in Line for an Apartment
Where do you register?
How to register a stranger into privatized housing? The first step in order to register residents in someone else's residential property is to decide which authority to contact.
If a citizen is a resident of another state , then you must contact the nearest branch of the Federal Migration Service from your place of residence. You can learn about the rules and features of registration of foreign citizens on our website.
A citizen of the Russian Federation, regardless of how he wants to register (temporarily or permanently), must contact the passport office closest to his place of residence.
Does a certificate of ownership replace a housing registration?
“Apartment” rights do not replace the capital algorithm. In a legal sense, these are mechanisms independent from each other. Then what is the difference between an owner and a tenant?
Personal apartment
The owner, even without registration, is free to sell the apartment to anyone at his discretion, to rent out or exchange housing at any time.
It is at his discretion whether to live in the premises or not to appear there.
The direct responsibility of the legal owner of the property is to maintain the satisfactory condition of the property as required by the housing complex.
Housing for rent
Registration in an apartment does not give the right to dispose of housing: privatization will be required to register ownership. If a person registers in the owner’s apartment, what benefits does this option provide? Nothing but accommodation.
He will not be able to alienate housing or settle in other persons. But only if the registration is issued without the right to dispose of housing.
What documents are required?
What is needed to register a person in an apartment? For successful registration, it is necessary to correctly formulate a package of documents.
It must include all the papers that are stated in Law No. 5242-1, as well as those required by the regulations of the passport office or the Federal Migration Service.
Therefore, contact the department of the authority where you will submit documents in advance and clarify this point ; perhaps changes have been made to the list of papers.
Must be brought:
- passport and its copy;
- absentee sheet and its copy (departure sheet);
- application in form No. 6 on a special form;
- consent of all owners to registration;
- consent of registered residents;
- military ID (for men).
Remember that each document must have its own photocopy.
Where to submit documents? Documents are submitted to the FMS office for foreigners, and to the passport office for residents of our country. In exchange for the papers, they must issue an appropriate certificate proving the fact that the coveted registration will be received in the near future.
You can learn how to register a person without his personal presence in our article.
The owner of the apartment can register someone
We will find out how the owner of an apartment can register a registered person who is not the owner of the given living space, but is still registered in it. Such a person may be a member of the owner’s family, and accordingly, legally has the right to use the owner’s housing. It is possible to discharge such a person only when he loses the right to use this residential premises.
How can the apartment owner write out what is prescribed in this case? The answer is very simple: it is necessary to collect documents that could confirm any of the facts listed above. This could be official documents, for example about divorce, testimony from neighbors that the person registered does not actually live in the given living space, testimony from a local police officer, receipts for payment of utility bills that are signed by you.
We recommend reading: How to buy a share in an apartment using maternity capital from relatives
Timing and cost
Residents are registered within a week for residents of our country. However, in some situations, the period may be delayed due to the fact that employees of the passport office or the Federal Migration Service will have to send a number of requests to other regions , which will take a lot of time.
How much does it cost to register a stranger? no state fee is charged for registration . This procedure is absolutely free.
You can also protect yourself from financial liability in the form of a fine under Article 19.15 of the Code of Administrative Offences, if you hurry to register within the three-month period of your stay in the new place .
What does registration in an apartment give?
Registration significantly facilitates the solution of many everyday social issues
What does registration in an apartment affect, what rights does it give? Article 3 of Law 5242-1 obliges a person to register using one of the forms provided by law. It is interesting that an “unregistered” citizen cannot have his constitutional rights infringed.
But some everyday issues are much easier for someone with registration to solve.
Here are just some of the benefits that registration in an apartment or house provides:
- Enroll the child in an educational institution located in the neighborhood of residence;
- Register with the clinic in your territorial affiliation and freely use the free services of the institution, take advantage of therapeutic medical care at home;
- Apply for a loan from a financial institution. By the way, it is impossible to take out a loan without registration under any conditions;
- Get a decent job with a “white” salary and benefits package;
- Apply for social assistance, a package of benefits at your place of residence;
- Apply for disability;
- Obtain state-issued documents: SNILS, Taxpayer Identification Number, driver's license.
Such benefits are not only provided by permanent registration. There are circumstances when you need to travel to another region for a long time.
If you have to stay for 90 days, temporary registration at the place of actual stay is required.
The migration service is responsible for processing the arrivals. The procedure is free, but violation of the requirement entails penalties of 1.5 to 2 thousand rubles.
What will they give out?
What documents are issued after a person is registered?
At the end of the procedure, relevant documents are issued, which differ from each other depending on what type of registration was chosen.
When registering temporarily , the registrant is given a special certificate, which indicates the registration address, as well as the period.
If you register on a permanent basis, then the corresponding stamp with the registration address is placed in your passport.
Nuances of registration in a privatized apartment
Registration in a municipal apartment or departmental housing virtually eliminates the possibility of unlawful alienation.
Another thing is own real estate. In legal practice, it happens that the innocent registration of a distant relative led to litigation.
Therefore, before registering a new tenant, you need to consult a lawyer about what rights registration in an apartment gives to specific persons:
- Legal conflicts may arise when minors are registered in an apartment. They cannot lay claim to the division of square meters, but the court and guardianship authorities will most likely not allow young residents to be discharged without providing another premises.
- If the apartment is in shared ownership, it is permissible to register a person on your “piece” with the consent of the co-owners.
Rights and obligations of owners of privatized and state apartments: are there any differences?
Owners of privatized apartments are full owners of real estate.
A personal apartment is the family’s capital:
- It can always be sold, exchanged, donated, bequeathed, rented out, or registered in the apartment of other persons.
- A privatized apartment is an option for collateral when applying for a loan.
- It is difficult to evict someone from their own property for utility debts.
However, the property will require significant investments: repairs only at your own expense, an annual property tax, maintenance of common property on an equal basis with other residents of the apartment building.
Before privatization, you should weigh your financial capabilities. For a certain circle of citizens, the option of social hiring is preferable.
The owner of privatized housing has the right to dispose of his property and certain responsibilities for caring for it.
How to register in an apartment
Registration registration takes 7 working days
The citizen submits a standard set of documentation to the FMS or MFC division:
- general passport;
- documentary basis for settlement: lease agreement or certificate of the owner;
- application for housing registration.
After seven days, all formalities are completed with the familiar stamp in the passport.
Does registration give you the right to property? Does registration give you the right to reside? About registration, registration and rights of citizens - on video:
