How to register a relative in your own apartment

Terms and requirements

Housing that has undergone the privatization procedure becomes the property of a citizen or group of persons who participated in the procedure.

Each of them can dispose of housing at their own discretion:

• register yourself;
• register other persons;
• carry out alienation transactions;
• demand an extract from his living space.

This right is reserved for owners by Article 30 of the Housing Code of the Russian Federation. The registration procedure at the place of residence or temporary stay is regulated by the Rules established by the Government Decree of July 17, 1995. No. 713 as amended. from 2010.

The basis is a Certificate of Ownership or a statement from the owner of the living space. At his discretion, he has the right to include any person and any number of persons. Moreover, family relationships with citizens do not matter.

Is it possible to register someone in a privatized apartment without the consent of those registered?

Housing, in the privatization of which several people participated, is in shared ownership .

Therefore, registration in these conditions has its own characteristics.

If the owner of one of the shares wants to fit someone into his square meters, then he will need the consent of the other owners .

Without it, he can only register himself or register his child. The consent of other registered persons is not required if they do not have a share of ownership.

What is temporary registration?

So, what is temporary registration in a privatized apartment? From the owner’s point of view, what matters – and the legislator is completely on his side – is the circle of people who live (will live) on his living space together with him. Naturally, his free will is mandatory here.

The institution of registration - as a certificate of place of residence - is used in two forms:

1. Constant;
2. Temporal.

The latter option can be implemented along with the first - in other words, a citizen who has a permanent residence permit can also apply for a temporary one.

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:

1. 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.

2. 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.

Registration in a municipal apartment

When it comes to social housing, the tenant must sign a statement that he decides to register tenants, and other owners are not against committing such actions.

It is important to remember that if you register in another city, you will have to check out of the apartment and only then apply for registration. The registration procedure looks similar, because you will have to go to the passport office and fill out a special application.

Also, do not forget that in addition to the application for registration, you will have to attach a number of papers (passports from both parties, real estate documents, etc.).

Remember that if you want to register a person according to all the rules, it is better to get advice from specialists in advance. In such a situation, you will not encounter any difficulties, and the registration process will be significantly simplified.

In particular, registering a person in his own apartment is not particularly difficult. The main thing is to act strictly according to the law. In a situation, if you do not adhere to such a rule, you will have problems with law enforcement agencies.

In addition, you may lose real estate by relying on the integrity of those whom you are going to register in your personal real estate. Therefore, you should not trust anyone’s word.

Registration procedure

You can register at the FMS office where the housing is located.

When registering, you need to write an application (Form No. 6) and fill out an arrival sheet .

Application form for registration at place of residence.

Application for registration at the place of residence sample.

Arrival address sheet form.

Arrival address sheet sample to fill out.

In addition to the application, the following documents will be required:

• passport;
• certificate of ownership;
• application – consent of the owner (or owners);
• home Book;
• departure slip.

Before carrying out the procedure, you must deregister at your previous location . Registration with simultaneous discharge is also possible. To do this, the application indicates a request to register you at a new address and at the same time register you at the previous one.

In this case, FMS employees send a request to your previous place of registration and discharge you without your participation.

The owner of the apartment must be personally present during registration. If there are several of them, then everyone’s personal presence is required. Everyone writes a statement of consent.

If one of them is absent, registration is possible on the basis of a notarized one-time power of attorney or consent drawn up and certified by a notary in another city.

Documents can be submitted through the State Services portal or MFC. In this case, the number of visits to the FMS office is reduced. However, you can only get a registration stamp in your passport from the Federal Migration Service.

The package of documents submitted via the Internet or the MFC is completely identical to what is required for submission to the FMS.

How to register?

How can you register a person in a privatized apartment? Registration is quite simple - you need to contact the territorial body of the Federal Migration Service , where you need to provide the appropriate package of documents (according to the available list).

Obtaining consent

For a citizen who wants to register his wife with her husband in a privatized apartment, a mandatory condition for such an action is obtaining the consent of the owner of the apartment .

This requirement must be fulfilled - regardless of what kind of registration is being issued, temporary or permanent.

Legislative support – Administrative regulations regarding the service related to the registration of citizens.

Paragraph 10 of the FMS Order dated September 20, 2007 unambiguously declares that the owner’s signature is necessary to process the registration application (for permanent registration - according to form No. 6 , for temporary - No. 1 ).

In such cases, the presence of a signature indicates the free will of the owner and confirms the agreement on move-in and residence.

If the apartment is in shared ownership, then the consent of all co-owners, expressed in a similar way, is required - except in cases where the allocation of a share from the common property was carried out in court.

In these cases, the owner of the share (as well as the candidate for registration) has the right not to ask the consent of the other owners if registration is planned on a designated part of the apartment.

Registration of a child in a privatized apartment at the place of residence of the parents is possible without the consent of the owner!

Who can be registered in a privatized apartment?

As already mentioned, the exclusive right of the owner to dispose of his property is guaranteed by law. This can also be understood in such a way that he has the right to independently make decisions regarding the persons who will live with him (we talked about how the owner may face the registration of strangers in his apartment here).

You can apply for registration for any person , regardless of the presence or absence of family ties.

A reasonable question in this regard: how many people can be registered in a privatized apartment?

The legislator does not give a clear answer to this question, which does not mean the absence of a legal mechanism.

The main regulator is the local regulatory act of the relevant local government - it establishes the minimum standard of living space per person .

Thus, the number of persons whom the owner has the right to register in his living space is limited only by the square footage of the living space .

Registration rules

The sources of law are varied - these are legal norms at both the federal level (Civil and Housing Codes) and regional (by-laws of local governments).

Direct regulatory functions are carried out by the Registration Rules, approved by Government Decree No. 713 dated July 17, 1996 (with subsequent amendments and additions - in particular, dated October 26, 2011).

It contains a decoding of significant concepts, defines the functions of the Federal Migration Service and other government agencies related to the institution of registration. Careful reading of the document gives you comprehensive knowledge in this area, but this is not required to fulfill everyday needs - it is enough to clearly understand the purpose, scope of rights and possible consequences.

Don't know how to register at your new place of residence via the Internet? We have prepared detailed instructions for you. Did you know that there is a fine for staying without registration? The article indicates in what amount and who imposes penalties.

What is the difference between a registered and residential address? Find the answer at the link

The rules for registration in a privatized apartment are quite simple; below are approximate instructions for preparing documents - for the person registering and for the person registering:

1. Extract from previous place of residence (filling out a departure form).
   You can skip this point and immediately contact the Federal Migration Service or the passport office at your new place of residence (or stay), but this will significantly increase the time costs (up to 30 days). We talk about whether it is possible to simultaneously leave your old place and register in a new one here, and here you will learn about the permissible periods for registration at a new place of residence;
2. Filling out forms.
   It is carried out at the place of new registration for all those registered - except for children under 14 years of age (documents are drawn up on their behalf by parents, guardians or legal representatives).

   The filling out process is simple - just pay close attention to the information posted in publicly accessible places (on information boards). Depending on the internal rules, it is possible to issue general application forms for owners and those registered;

3. The person registering (the owner of the apartment), in addition, fills out an application form (separate or common with the person registering) for consent to the provision of his living space.

The entire package of the listed documents is transferred to officials of the passport office or regional branch of the Federal Migration Service along with attachments (photocopies of passports, certificate of ownership or a document similar in legal status).

Those registered who are classified as liable for military service also required to register for military service at their new place of residence.

Deadlines

The practical implementation of the wish for registration - both on the part of the prescriber and on the part of the person being prescribed - is directly related to the concept of a period for this action. Of course, everything depends on the local conditions of the region, on specific circumstances.

The main time costs of employees of the passport office or branch of the Federal Migration Service are associated with checking the submitted documents.

Provided that the entire package of documents is complete (otherwise the documents will simply be returned), the registration process takes from 3 to 7 days .

Timing and cost

Registration takes from three to seven days . After checking the documents, FMS employees will invite the person being registered to the department and issue him a passport with a registration mark. There is currently no state

The owner of a privatized apartment or a share in it may well be registered at a different address.

Lack of registration in the living space belonging to him is possible.

The consent of the owner of the share who is not registered in this living space to the registration of a third party is required.

A lawyer answers questions about registration and discharge

Links to legislative acts

1. Article 2 of the Law of the Russian Federation “On the right of citizens of the Russian Federation to freedom of movement, choice of place of stay and residence within the Russian Federation.” Basic Concepts
2. Article 3 of the Law of the Russian Federation “On the right of citizens of the Russian Federation to freedom of movement, choice of place of stay and residence within the Russian Federation.” Registration of citizens of the Russian Federation at the place of stay and place of residence within the Russian Federation
3. Article 6 of the Law of the Russian Federation “On the right of citizens of the Russian Federation to freedom of movement, choice of place of stay and residence within the Russian Federation.” Registration of a citizen of the Russian Federation at the place of residence
4. Paragraphs 16, 17, 18 of the Decree of the Government of the Russian Federation of July 17, 1995 No. 713 “On approval of the Rules for registration of deregistration of citizens of the Russian Federation at the place of stay and place of residence within the Russian Federation”
5. List of persons responsible for accepting and transferring to the registration authorities documents for registration and deregistration of citizens of the Russian Federation at the place of stay and place of residence within the Russian Federation" Resolution of the Government of the Russian Federation of July 17, 1995 No. 713
6. Appendix No. 5 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,” approved by Order of the Ministry of Internal Affairs of the Russian Federation No. 984 of December 31, 2017.
7. Points 2, 2.2, 23, 24, 26.1, 32, 33, 34, 48, 49, 50, 52, 56.2, 57, 58, 60, 62, 63, 80, 82, 86, 87, 90, 91, 92 , 93, 97, 99, 102, 118.2, 118.2.1, 118.2.2, 118.5, 118.7, 118.7.1, 119, 121, 123, 139, 140, 143, 144, 149, 151 of the Administrative Regulations of the Ministry of Internal Affairs of the Russian Federation on providing public service for registration of citizens of the Russian Federation at the place of stay and place of residence within the Russian Federation,” approved by Order of the Ministry of Internal Affairs of the Russian Federation No. 984 of December 31, 2017.

Registration of close relatives

How many people can be registered in privatized housing? If one of the owners wishes to register citizens who are closely related to him, the consent of the other owners to carry out the procedure is not required. registered without consent :

• spouse;
• minor children;
• parents.

The registration of these persons does not give them any property rights, but it will be impossible to register them later without their consent.

What documents will be required

Required documents:

1. Application in the prescribed form (issued on site).
2. Passport of the person registering in the housing (child’s birth certificate).
3. Documents establishing the rights to the apartment. Depending on the type of room, this may be:

- certificate of ownership of the apartment or part of it;

- warrant, social, municipal, official employment contracts (or their number should be indicated, since they are at the disposal of state bodies and their submission is not required);

- a court decision on moving into housing can also be a special document.

1. Passport of the owner or tenant.

Additional documents:

1. When registering in a municipal square - permission from municipal services.
2. If the apartment is in shared ownership - permission of all property owners.
3. If the apartment is on social rent and a non-family member is registering, the consent of all adults is required.

In these two cases, third parties may be required to personally appear and sign on the application, or each of them must sign their own document. It is also possible to provide a notarized permit.

1. When registering in a communal apartment, everything will depend on whose ownership the square meters are - relevant documents will be required either from the owner or from the municipality.
2. If there is a document stating that the person was discharged from the previous place, but in principle the discharge process can occur automatically at the time of new registration.

The specified list is submitted to the subscriber department or to the Multifunctional Center for the Provision of State and Municipal Services (MFC).

Documents can also be provided to authorities through State Services in electronic form.

Minor owner

The Russian state guards the rights of minor citizens, and all transactions with property belonging to them are carried out with the participation of guardianship authorities .

It is there that the consent of a minor co-owner if the owner of the share wants to register a third party.

And they can allow registration or impose a ban in case of violation of the child’s rights

Therefore, before contacting the FMS, it is necessary to submit an application to the guardianship authorities with a request to allow the procedure. the owner of the share will not be able to register a stranger or even his relative .

Rights and responsibilities of citizens

The state has introduced a mandatory registration regime for all citizens on its territory.

Registration on the territory of the Russian Federation, or registration in common people, is the responsibility of every person. However, its absence cannot be used as a reason for limiting any rights of a citizen. There are simply fines for its absence.

If having a residence permit is a person’s responsibility, then the ability to register another person in an apartment can be both an obligation and a right. In the first case, such an obligation is assigned to certain officials, as well as to parents in relation to minor children. But the right exists for any person who is the owner of a residential premises or rents an apartment for social rent.

Registration for citizens of the Russian Federation is provided free of charge; for foreigners the state fee is 350 rubles.

Features of temporary registration

When registering it, you also need the permission of all apartment owners, which they must express in personal presence . The difference from a permanent one is that a stamp is not placed in the passport, but an insert is issued.

Temporary registration is issued for a period of three months to three years. After this period, it is canceled automatically.

For temporary registration, an application Form 1 . It is accompanied by the same package of documents as for permanent registration plus three photographs .

Find out on our website how to obtain temporary registration for a child.

What you need to know about registration

The procedure for registering an owner or relative in an apartment is a rather painstaking, complex process, but not long in terms of time. All that is required of you is to present the required package of documents to the department of the Federal Migration Service and the MFC at your place of residence, and then pick up your passport with the appropriate stamp. The specifics of the registration procedure depend on the following factors:

• type of living space (municipal or privatized);
• registered person (owner, relative, any other citizen of the Russian Federation);
• the established procedure for work in the departments of the Federal Migration Service and the MFC.

Attention! A citizen of the Russian Federation can remain in unregistered status for no more than seven days. The legislation of our country provides for a fine for staying in the country without registration for more than a week. The fine is about 3,000 rubles.

How long can you live without official registration?

In a foreign city - 90 days. After three months of temporary stay, you need to register with the Federal Migration Service. Employees of the Migration Department will process the registration within 8 days and issue a temporary residence permit. It is issued only for 3 months of temporary stay, after which you need to apply for permanent registration.

If you change your permanent location - 7 days. During this period, you must apply for registration.

In the absence of registration in the passport. If you have moved to a new apartment, you also have 7 days to register and get a registration stamp at your place of permanent residence.

Nuances of registration in different types of housing

Privatized:

• a registered person does not have the right to dispose of the apartment, but the owner will be able to sign him out only at the request of the registered person;
• controversial issues are resolved through court;
• a registered person can register for residence for children or close family members - for example, a wife.

A private house

The procedure is no different, but the main documents must be accompanied by a certified certificate that the house is in a condition suitable for habitation. This paper is necessary to avoid registration in phantom houses, of which, for example, only one foundation remains.

Municipal

Here the process is different from the main one. A person registered in municipal housing has the right to claim property in the future if the owner formalizes privatization. To prevent this from happening, all unwanted tenants must be evicted before the privatization stage. This is possible if:

• the registered person lives with you for no more than six months;
• the registered person does not pay housing and communal services for more than 6 months;
• other people live in the apartment;
• the registered tenant leads an immoral lifestyle, and official complaints have been filed against him with law enforcement agencies.

The decision on discharge remains with the court, because municipal housing is owned by the state and it is responsible for the living space.

We invite you to read: Which court considers an extract from an apartment?

Dormitory

Registration in the hostel is determined by the status of the residential premises:

• if the room is owned by the municipality, the process is similar to registration in municipal housing;
• if privatized, the laws on registration in privatized housing apply to the hostel.