Any registration without the consent of the owner is possible only for children of persons registered there.
Registration at the place of residence is mandatory for all Russian citizens and foreigners (the main provisions of registration are regulated by the Government of the Russian Federation in 1995 No. 713). Life situations may develop in such a way that it is impossible to obtain the owner’s consent to registration for a number of reasons. Are there ways to register in an apartment without the presence of the owner, both temporarily and permanently, without breaking the law and how to do it correctly?
By law, 90 days are allotted for temporary registration; permanent must be completed within a week from the moment of moving.
Registration procedure in a privatized apartment and private house
Most often, conflict situations with registration arise if one of the persons registered in the apartment has a change in marital status and a new tenant needs to be registered.
It is not often in such cases that it is possible to obtain the consent of all homeowners to register family members (parents, close relatives or a stranger). This is usually associated with the fear of losing property, but neither permanent nor temporary registration gives a person the right to dispose of the premises - he can only use the living space.
According to Article 31 of the Housing Code, in order to register a new tenant in a private apartment (private house), the consent of the owners to register at the place of residence is required (only adult owners can give it).
Without the knowledge of the owner, only a minor child can be registered in private housing, provided that one of his parents is registered in it or one of the owners. You cannot register a minor child with your grandparents if the father (mother) is not registered in the house (Article 20 of the Civil Code of the Russian Federation).
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Registration in housing with shared ownership
One type of property ownership is shared ownership. The concept of shared ownership is defined in paragraph 2 of Art. 244 Civil Code of the Russian Federation. The penalty for lack of registration is specified in Art. 19.15.1 of the Code of Administrative Offenses - a fine of up to 800 thousand rubles.
To resolve the issue of registration in housing with shared ownership, all owners must participate.
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For temporary or permanent residence in premises with shared ownership, the same legal norms apply. Only with the written consent of all home owners is it possible to register in shared ownership.
A child who has not reached the age of majority may register in such an apartment without the permission of other owners if:
- the mother or father is registered in the apartment;
- he actually resides in the given territory;
- housing was privatized with his participation;
- the premises were purchased with maternity capital funds - this provides for mandatory equity participation.
The required documents for registration in housing with shared ownership are the same for both temporary and permanent housing.
Note!
If the child is over 14 years old, his presence is necessary, as he personally signs the documents.
Temporary registration
Registration of a child is mandatory for a kindergarten or school, and receipt of social assistance is tied to it (according to Article 20 of the Civil Code of the Russian Federation, a minor must be registered at the place of registration of the mother (father)). The need to register temporarily most often arises when renting housing for a period from 90 days to five years.
To make a temporary registration for a child, consent for registration from the owner is not required. One of the parents contacts the FMS to register a minor. The registration service specialist is given originals and copies of the following documents:
- application form for temporary registration (a sample application is provided by the FMS);
- residential rental agreements;
- passports;
- certificates of parents for temporary registration at the specified address;
- marriage (divorce) documents;
- child's birth document;
- certificate that the child was not registered with the father (mother) (although the FMS can receive it through electronic registers).
If parents live at the same address, consent and certificates are not needed. If the father or mother of the child is registered elsewhere, he should be personally present during the procedure; provide consent certified by a notary for the registration of a minor.
If the FMS authorities require an owner’s statement of consent to registration (which is illegal), it is necessary to obtain a written refusal from the FMS and file a claim in court.
Temporary registration of a child in social or service housing is carried out on the same principle as in a private apartment (regulated by Article 70-85 of the Housing Code of the Russian Federation, PPRF No. 713).
When consent is not needed
There are only a few legal cases where the consent of all owners is not required. First of all, we are talking about the owner of the share. If a person is considered the owner, then he can easily register in the apartment. And even the presence of other owners will not affect such a right in any way.
Is consent required if a minor is registering? This situation directly depends on where his parents live. If the mother or father has a share in the apartment or simply has permanent registration, then they can register their children at this address. Moreover, this can be done without the consent of the second owner.
Important! A child can only be registered at the address where at least one of the parents is registered. It is not allowed to register where only close relatives or strangers live.
For the temporary registration of a child, the consent of the registered owners is also not required. It is necessary to register if the family stays in another city for more than 90 days. Please note that when renting housing under temporary registration, you can stay in another place for up to five years. If the spouses have a child, then he will need to be sent to kindergarten or a general education institution. And for this you need at least temporary registration, for which it is not necessary to have shares in the home.
Separately, we note that if the parents are divorced or simply live separately from each other, then in order to register the baby with them, you will need consent from the spouse. The exception is in cases where the second parent is deprived of rights to the minor, has died or is considered missing.
Let us note that if the consent of the homeowner is required during the GUVM procedure, then in the case of a child this action can be considered illegal. Parents must receive a written refusal, and they must go to court with it. Thus, it will be possible to bring unscrupulous FMS employees to justice and still register your child.
Permanent registration without the owner's consent
Such registration is usually necessary for someone from the family. Registration of children in an apartment is carried out without notifying the second owner (or all those registered) if one of the parents is permanently registered in this premises or is its owner.
If there is a conflict, is it possible to register a person without the consent of other owners and how to do this correctly, what does the apartment owner risk in this case?
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Without the consent of the second owner for registration, one of the owners can register an adult only if:
- Will make him the owner by ceding part of his share in the real estate.
- Will allocate in kind its own part of the real estate.
In the first case, a person becomes the owner and receives legal rights to registration in an apartment (house). If each of the co-owners uses separate rooms in an apartment, then such an apartment can be considered communal, and he has the right to register any person with him without the consent of the others.
In a private house where there are several owners, it is possible to get out of a conflict situation if the part of the building that belongs to the citizen who wants to register someone is allocated and has a separate entrance.
For permanent registration of a child, it is necessary to submit the following to the Criminal Code (passport office):
- application for registration at the place of residence (according to the sample);
- certificates confirming the right to real estate;
- father's (mother's) passports;
- statement of personal account status;
- a certificate from the apartment registration book;
- child's birth document;
- marriage (divorce) document;
- a certificate stating that the child was not registered at the place of residence of the father (mother);
- consent of the father (mother) certified by a notary.
If both parents are present when submitting documents, notarized consent is not required.
A person registered there (if he is one of the tenants) without the consent of other living citizens can register in a municipal apartment:
- their children until they reach adulthood;
- wife (husband);
- father (mother).
To do this, you should contact the passport office with the necessary documents and a statement indicating the degree of relationship. If the living space does not allow it (sanitary standards are violated), then the tenant must contact the owner of the property (local authorities or the place of work, if the housing is official) to obtain permission. Housing standards are not required to register children.
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Permission from all owners to register unauthorized persons
You must obtain permission from the owners to register in housing regardless of the type of registration: temporary or permanent.
Let us remind you that registration at your place of residence requires a stamp in your passport.
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If there is no passport (a child under 14 years old, for example), a certificate is issued in Form No. 8. Permanent registration is unlimited.
You can confirm the fact of registration at your place of residence using a certificate in Form No. 3.
In this case, time limits are always implied. Despite this, the consent of all owners is required if the registration is temporary.
The status of the owner of the living space is also important - it is an individual, government agency or municipality.
So, if the house is privately owned (privatized, purchased, donated, inherited, etc.), then the standard rule applies: permission from the owners is always required. The only exception is the case of registration of minors: here the consent of the second owner for registration, just like everyone else, is not necessary.
If the housing is municipal property, then the owner is the state or municipality. Residents live here on the basis of a social tenancy agreement. Permission must be asked from the main tenant of the property (with whom the contract is concluded). Also, everyone registered in this living space should not be against the registration of a third party.
In this case, the question of whether consent is needed for the registration of other owners is irrelevant, since they simply do not exist. The apartment is not their property, but temporarily used housing on the basis of an agreement concluded with one owner.
If only one disagrees
Controversial issues arise when there are several owners and it is necessary to coordinate the issue with each of them. In order not to come in crowds to the migration authorities, one document is drawn up signed by everyone.
A frequent case is when two owners agree, but the third does not. In this case, the question arises whether it is possible to register in the apartment without the consent of one of the owners. The answer is predominantly negative for private households. If, for example, a mother, father and son are homeowners, and the son wants to register his wife, then this can only be done with the written permission of both parents. If, for example, the father is against it, this cannot be done.
To get out of the situation you can:
- donate part of your share in the property to the person you want to register, for example, your spouse;
- prove in court why it is necessary to register a specific person in housing even without the consent of all its owners,
- divide large apartments into shares through the court.
The situation is different with social housing. According to recent changes in legislation, the question of whether one of the owners can register someone without the consent of the other owner is resolved positively if this “someone” is his close relative. The concept applies to:
- children (meaning adults, consent under 18 is not required),
- spouses,
- parents.
In the case of grandparents, brothers and sisters, uncles and aunts, the degree of relationship is considered distant, and their registration follows a standard procedure, that is, permission from all owners must be obtained.
