If a few years ago, the question regarding how to make a temporary registration without the consent of the owner of a residential premises could only cause bewilderment, now the situation has been resolved, thanks to a decree of the Russian government.
According to the document, in order to obtain registration without his participation, it is necessary to submit a personal application, provide passport details of the owner of the property and prove that he cannot appear in person due to circumstances beyond his control.
Temporary registration of a minor child is allowed even if the owner is against it, but under certain conditions.
Temporary registration without consent - what does it mean?
In 2021, long-awaited clarifications of many controversial situations that raise questions among the population appeared in the legislation relating to registration actions related to the stay of citizens. According to available information, registration at the place of residence without the consent of the owner is possible only when the latter does not live at the specified address.
Most often, registration in an apartment or house without the consent of the owner occurs due to its absence and the impossibility of obtaining written permission. It is acceptable to use this method when the owner lives in another subject of the Russian Federation or another country. Therefore, he cannot be present at the time of filing the application.
In most cases, residents agree with him in advance on all the nuances and receive verbal permission or refusal.
Important! A current temporary registration or registration made without the participation of the owner may be challenged in court. In addition, in some cases the owner has the right to voice his claims and demand financial compensation.
Is it possible to obtain temporary registration without presence?
Moreover, they will enter the apartment by force.
There are also astronomical bills due to visitors who registered without your knowledge. “This is not a revolution, not the abolition of old rules in favor of new ones,” Daria Novikova, press secretary of the Office of the Federal Migration Service of Russia for St. Petersburg and the Leningrad Region, explained to a Metro correspondent. “People’s opportunities are simply expanding.” Thus, an application for registration, in addition to the usual, traditional method - a visit to the passport office, can now be submitted by sending a letter by Russian Post or through the government services website. And if he can’t attend, then he wants to. M. Znatok (483) 1 year ago, many work on a probationary period and asking to leave work is not in their favor White Wind Artificial Intelligence (140169) Yeah, almost everyone works on a probationary period. Alexey Mudrets (10112) 1 year ago this may fall under FRAUD.
A simple sequence of events: there is the consent of the owner
The main point of all manipulations is to inform government authorities about your location.
The following is a comparative chronology of actions that need to be performed when registering at the place of residence in various cases:
| Temporary registration in your own property. | Prepare the necessary documents: certificate of ownership, owner’s passport, address. | Fill out the application form taken from the passport office. | Submit to a specialist for review. |
| Temporary registration in someone else's property. | Request permission from the owner to obtain temporary registration. If it is impossible to obtain such a document, provide official confirmation of the fact. | Provide the previously provided list of documents, attaching to them the passport of the applicant who plans to receive registration and a completed application. | Submit to a specialist for review. |
If we compare all the options for registration at the place of residence without the presence of the home owner, privatized real estate will be the simplest method. In this situation, from the side of the law there is no particular difference in who the applicant is: a relative or a stranger.
We recommend watching a video on how to register a child
Is it possible to register in an apartment without the presence of the owner of the property in 2021?
- Extract by a citizen from the previous address of residence.
- Execution of a power of attorney on behalf of the owner to the person who confirms the right to register.
- Contacting the Migration Service to fill out an application.
- Providing documents necessary for registration.
- On the appointed day, receive a stamped passport.
- Before certifying documents, you should make sure that the apartment really belongs to the child;
- parents must have valid passports;
- at the passport office, take an extract from the house register and a copy of the personal account;
- if the documents are in order, the registration certificate will be ready within 3 days.
Conditions
When the parents of a newborn child are faced with the question of registering a young citizen, they think: is it possible to obtain a temporary registration at the place of stay?
In this situation, there are several solutions that they can use in their case:
- Registration of a newly born child is carried out at the same address where one of the parents is registered (REGISTRATION OF THE CHILD AT THE PLACE OF RESIDENCE OF THE MOTHER, REGISTRATION OF THE CHILD AT THE PLACE OF RESIDENCE OF THE FATHER).
- Mother and father have temporary or permanent residence in the house/apartment.
- Parents have a document confirming temporary use of the facility.
- Provided that one of the parents owns the residential premises, the registration action will be carried out even if he does not give permission to do so.
The above conditions are used in view of the current law that until a minor child turns 14 years old, his registration address must coincide with the place of residence of the parents. If the requirement is not met, temporary registration will be issued after receiving a positive response from both. Divorced adults can only provide confirmation from one person.
Important! If GUVM employees refuse to make a temporary registration without the presence of the owner, their decision can be challenged in court.
Video: registration of Moscow registration for a child
How to register a person in an apartment without the consent of other owners
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.
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.
Features of obtaining temporary registration in a communal apartment
Temporary registration in a communal apartment without the consent of the owner can be considered in different ways. The development of the plot will depend on the situation and on what rights the latter owns this residential premises. Below are possible cases:
- The consent of all occupants of the room is mandatory in all cases.
- A room in a dormitory owned by citizens allows this manipulation to be carried out without the consent of the owner of the second or third room.
- Subject to registration in a room registered as shared ownership, the consent of all owners of the premises, which is a common facility (common kitchen, toilet, corridor), is required.
How to make a temporary registration without an owner
But if the problem with temporary registration is only the owner’s lack of desire to visit with you the employees responsible for accepting documents for registration, then the regulations provide for the opportunity to obtain temporary registration without the presence of the owner.
If the basis for moving in is a rental agreement, then you can send a notarial agreement by mail with the remaining documents attached (copy of passport, completed application). In such a situation, the persons responsible for accepting documents do not have the obligation to certify a copy of this agreement, and the owner of the premises does not sign the application.
Ways to obtain registration
In 2021, the GUVM of the Ministry of Internal Affairs (Main Directorate for Migration Issues) is regulating the movement and stay of Russians on the territory of the Russian Federation. The department also deals with issues related to the registration of foreigners. Regardless of how documents are submitted, the main database is located here, so the decision is made directly in this government agency.
Today, you can submit documents to obtain or extend temporary registration either to the previously specified authority or do this using others:
- A passport office attached to the area in which the residential facility is located (GUVM).
- MFC.
- State class=”aligncenter” width=”1478″ height=”926″[/img]
Screenshot of the main page of the “State Services” portal
The standard processing time takes from 4 to 19 working days. However, this condition applies to the situation when documents are submitted directly to the Main Directorate for Migration. If they are submitted to the MFC or passport office, another 3-4 days should be added to the specified period. Obtaining or extending temporary registration through State Services is considered the longest method, which can take more than 2 weeks.
List of documents
Regardless of the chosen registration method, the list of documents is identical for all. The only difference is that when using the online service of State Services, you will need to provide not paper, but scanned copies of the documents presented below:
- Child's birth certificate.
Sample of a child's birth certificate
- Statement.
- Civil passports of both parents.
- Marriage certificate.
Sample Marriage Certificate
As mentioned earlier, if you register at your dad’s residential address, you must have a receipt from your mom agreeing to this action.
Features of registration of newborn children
If the condition for obtaining registration on the territory of the father’s living space can be fulfilled only by providing a notarized application from the mother, then other conditions can take on completely opposite situations. Depending on the age of a minor child, some conditions for registering him in an apartment or house may differ.
Newly born children are registered without the consent of the owner at the request of the mother. However, this is only possible if it is officially linked to the same address. In addition, when preparing documents for newborns, a number of other nuances should be taken into account:
- Any parent can register a child without the consent of the other owner, another parent or a third party.
- The procedure for submitting documentation for registration must be carried out in the presence of both parents.
- The registration process at the place of residence is carried out without deregistration from the place of permanent registration.
Thus, from the information presented, we can draw a conclusion: the parents of a newborn or minor child can “tie” him to any residential real estate property that they own. The situation regarding registration in an apartment or house that does not belong to any of them is impossible without a positive response from the owner.
Healthy! If the application is submitted after 30 days from the date of birth, then in order to obtain temporary registration of the child, a certificate confirming the place of registration of the father will be required.
Video: how to register a child through State Services
How to temporarily leave an apartment or house?
Indeed, sometimes situations arise when it is necessary to write a person out of real estate. For example, the tenant goes to serve in the army or ends up in prison for six months or more
. The legislation of the Russian Federation provides for this possibility, but only under very specific conditions.
Temporary discharge in Russia is provided only in two cases: if a person joins the army or ends up in prison. In the first case, in order to make an extract, you need to provide a certificate from the military registration and enlistment office in your city and with this document and passport the future soldier must go to the passport office, and upon returning from service it will be possible to apply for registration again without any problems.
In the case of convicted prisoners, everything is a little more complicated; it is necessary for his relatives or neighbors to obtain a certificate from the colony or court where the sentence was passed, and the prisoner himself must issue a power of attorney for relatives or other persons so that they can carry out the operation of temporary discharge.
The question may arise, why bother temporarily discharging someone? This operation is only necessary to ensure that utility services do not charge additional fees for certain services for persons not currently living in the apartment or house.
To summarize, it should be said that although you can register in an apartment or house without the owner’s desire, it is always better to be on good terms with your loved ones and neighbors.
When can the owner challenge registration?
There are two ways to resolve the problem regarding registration without the permission of the owner of a residential property.
The first is a verbal agreement between the parties. In this case, the owner may demand payment for the action performed or agree to another compromise. Thus, residents can vacate the premises within the agreed period, having previously checked out from it, or continue to live under the conditions voiced in the negotiations.
The second option involves going to court by filing a statement of claim. In this case, he will be required to prove unauthorized registration, thereby confirming the illegality of the actions of other persons.
Healthy! In a situation where the child has already been registered without the owner’s consent, he has the right to evict the child only if his father and mother are registered at a different address. Otherwise, the owner must first resolve the issue with his parents.
Video: will a child be registered in an apartment without the owner’s consent?
Fine for lack of temporary registration
In 2021, citizens who do not have a document confirming registration will be subject to an administrative penalty in the form of a fine ranging from 3 thousand to 5 thousand rubles. Detailed conditions are described in Art. 19. 15.1 of the Code of Administrative Offenses of the Russian Federation “Residence conditions for citizens of the Russian Federation at their actual location or at their place of residence in a residential property without registration.”
The amount of punishment given earlier is applied to individuals who violated the Code of Administrative Offenses; in relation to persons who allowed it to remain in their living space (the owner), the amount of the fine is more significant - from 5 thousand to 7 thousand rubles. In the case of illegal residence of a citizen on territory owned by a legal entity, the amount of punishment for the organization ranges from 300 to 800 thousand rubles.
Important! Data on the amount of the fine are given for Moscow and St. Petersburg. For other settlements, the value varies in the range from 1,500 to 3,000 rubles.
Deadlines
The above-mentioned penalty in the form of a fine is provided for living without registration, and depending on the category of citizens, these terms may differ. The list of persons and conditions provided for by the legislation of the Russian Federation is disclosed below:
- Moving for the purpose of permanent residence - if a citizen is discharged from one address and moves to live in another locality, the law obliges him to provide information about the new registration to the migration office no later than within 7 days.
- Residence for more than 3 months related to employment, treatment, business trip, etc., requires the mandatory receipt of temporary registration.
- The appearance of a newborn is certainly recorded in the relevant organs within a period of 7 days, starting from the date of birth.
- Foreigners who come to the country for any purpose are required to undergo a migration registration procedure if they stay on its territory for more than 7 working days. Otherwise, they will be subject to deportation outside the state.
Failure to comply with any of the listed conditions threatens the violator with a large fine, both for citizens of the Russian Federation and for foreigners.
How to register a person without his presence - is it possible to register by power of attorney?
After collecting all the necessary documents, they are checked by the registrar for correctness and authenticity within about 1-2 working days. The passport of a citizen who is unable to be present at registration remains in the passport office. Registration registration without the presence of the person being registered is usually carried out within 5 working days.
Extract from an old apartment is the initial task for those citizens who want to obtain registration in another city or locality. If the residential premises are located within the same city, then this procedure can be omitted. In case one of the registrations becomes the place of temporary registration.
Summarizing
Despite the fact that it is allowed to register this type of registration in an apartment without the consent of the property owner, it is undesirable to do this, since the latter has legal grounds not only to protest this decision, but also to recover damages from the unauthorized person.
And if a property is sold along with all encumbrances (registered persons), the new owner has legal grounds to evict even those who are registered there. And it makes no difference whether they have minor children or not. There are no alternatives in this situation, that is, another place of residence is not required, they are driven out “to the street.”
Thus, despite the fact that the condition of registration in relation to a citizen cannot be an imposed service, a fine is imposed for its absence. As a result, the official registration of a person at a certain address is considered the basis for a full existence in modern society.
