Registration is the main function that allows the state to control the migration and movement of citizens. Registration is required to receive a whole list of services and features. Registration is required to get a job, receive a pension and other payments. If there is no registration, it will not be possible to enroll your child in kindergarten or school.
Several citizens can be registered in one room at once. However, too many registrations can cause a number of problems. Therefore, citizens are trying to find out in advance how many people can be registered in an apartment according to the law of the Russian Federation in 2021 . We will talk further about the current standards, existing rules depending on the type of premises, as well as liability for breaking the law.
Temporary and permanent registration at the place of residence
Dormitories often house young professionals and their families until they receive their own housing. But despite the temporary nature of residence, by virtue of this, a citizen is obliged to register his temporary or permanent place of residence.
The procedure is drawn up in accordance with. (Hereinafter referred to as Resolution No. 713). According to this regulatory act:
- registration at the place of residence is carried out within 7 days from the moment the citizen enters the residential premises and is accompanied by a note in the passport;
- Registration at the place of residence is temporary, therefore it obliges you to register within 90 days of continuous residence at one address, after which the registered person receives a certificate of the established form.
When it may be necessary to change the registration of children
The first registration of a child at the place of residence of the parents (or one of the parents) is carried out immediately after birth. To register a child in another apartment, you first need to cancel his registration in the apartment at the old address.
Subsequent re-registration of a minor child is possible in several cases:
- extract from the sale of housing;
- statement when exchanging real estate;
- divorce of parents followed by separation.
The main nuances of the process of registering a minor depend on whether the child is the owner of a share in the previous living space, or whether he is registered in the apartment without equity participation.
Possibility of registration in the hostel
Accommodation in a hostel is regulated by Ch. 10 (LC RF) and . The legal regime for living in such housing depends on the conditions under which residents use the square meters.
If the hostel belongs to the housing stock of an organization or enterprise, then the rules are established by the specified regulatory legal acts relating to living in specialized residential premises and using them.
In cases where payment for utilities and living space is carried out at the rates prescribed by law for residential premises, residents are subject to the laws governing the rental of residential premises, namely Ch. 8 of the Housing Code of the Russian Federation.
To the question whether it is possible to register in a dormitory, Art. 2 of the Law of the Russian Federation of June 25, 1993 No. 5242-I, which states that the place of stay of a citizen can be any residential premises in which he lives temporarily, and his place of residence is a residential premises, including specialized housing stock in which he lives constantly.
In accordance with the above-mentioned Resolution No. 713, when registering, the applicant is required to present a document justifying registration. For citizens living in a hostel, this could be:
- rental agreement for specialized residential premises;
- social rental agreement;
- certificate of ownership.
If the citizen being registered is not the owner of the room or the main employer, he is obliged to provide their consent to the passport office.
Share of real estate for registration purposes
For most citizens of the Russian Federation, real estate is an expensive pleasure. Problems arise with purchasing an apartment or a house in its complete form. People are looking for other alternatives that allow them to obtain full registration in a living space, even if only for part of it.
This is how residents become familiar with the concept of “share for registration.” A citizen who does not have the opportunity to register, but has the desire and a certain amount of money, is able to solve the problem that has arisen by purchasing a certain share in the apartment. Also, do not forget about this concept. as an accounting norm for the area of living space.
To obtain registration, the number of square meters of living space belonging to the new owner is not decisive.
There is no need to purchase half the room, just buy a share in the apartment and register.
Registration registration
If the hostel is on the balance sheet of an educational institution, organization or enterprise and provides accommodation for the duration of study or work, the administration takes over the registration process. Students should not worry about registration issues.
Recently, housing construction cooperatives, organized in accordance with the rules, have increasingly become an alternative to dorm rooms. Such housing is built by a voluntary association of citizens, as a result of which each participant receives not a room in a dormitory, but a small apartment.
Registration in a cooperative apartment is carried out according to the same rules as registration in other residential premises. The tenant or owner of square meters should contact:
- territorial department of the MFC;
- Passport Office;
- service .
The registration period depends on the type of registration (temporary or permanent). If registration at the place of residence has been completed, registration is canceled after completion of training or the term of the rental agreement. Registration at the place of residence has no validity period.
The main requirement of the legislator for citizens who apply for registration in a hostel or cooperative housing is to live at the specified address. This fact confirms the presence of things, housekeeping, communication with neighbors and other signs indicating permanent presence at the registration address.
Registration in a hostel without accommodation is considered fictitious and is subject to cancellation, and citizens registered in this way are subject to eviction.
Documents for temporary registration of students
Young people entering universities and staying outside their main place of residence for less than 3 months do not need to register. To ensure that deadlines are met, it is recommended that you retain your travel tickets.
If a citizen has been enrolled in a university, he must register a temporary place of residence. Based on Art. 39 places in dormitories are provided by:
- full-time students for the entire period of study;
- correspondence students for the period of passing intermediate and final certification.
In order to obtain temporary registration in a dormitory for the duration of your studies, you must:
- Submit an application to the rector of the university.
- Read the issued Order.
- Sign a rental agreement for the period of study.
Registration is completed by an official of the educational institution, after which the student is issued a certificate of registration at the place of residence of the established form.
Documents for temporary registration of a tenant of a dorm room
When registering a non-owner and non-main tenant under a social tenancy agreement, the following documents will be required:
- passport, residence permit or other identification document;
- application for temporary registration;
- consent of the owner or main employer and citizens registered with him for registration.
Within 3 days from the moment the documents are submitted to the passport office, registration is issued with the subsequent issuance of a certificate of registration at the place of stay. At the request of the citizen, the certificate can be sent by mail to the temporary residence address.
Registration of permanent registration of the owner of the room
According to Art. 4 office premises are not subject to privatization, but after changing their status and transferring them into municipal ownership, residents have the right to obtain ownership and permanent registration for them.
Registration in this case is carried out in accordance with Chapter. 3 of Resolution No. 713, with provision to the passport office or the territorial department of the MFC:
- passport or other identification documents;
- applications for registration at the place of residence;
- certificate of ownership of the room.
If for some reason it is impossible to present the original certificate, the law provides for registration without providing it. But only in cases where information about ownership is at the disposal of state bodies or local governments.
Registration of enterprise employees
Art. 105 of the Housing Code of the Russian Federation indicates that a rental agreement for residential premises in a hostel is concluded for the period of labor relations in the form of:
- social rent;
- hiring on a commercial basis;
- provision of premises for free, temporary use.
Which document will confirm the right of residence depends solely on who owns the building.
Registration of an employee in a hostel owned by an organization or enterprise is carried out by the administration upon arrival of the citizen on the basis of an identity card.
If young professionals move into a dormitory classified as municipal housing, the following documents are provided for temporary registration:
- passport and application;
- decision of a local government body or order;
- rental agreement.
When registration is issued on the basis of a social tenancy agreement for residential premises, the citizen may not provide the original document, but indicate its details in the application for registration.
Registration in a dormitory without specifying a room number
In some cases, the lack of a room number may become an obstacle to concluding a rental agreement, since Art. 673 and Art. 62 of the Housing Code of the Russian Federation emphasizes that the object of this agreement is only isolated residential premises.
In addition, the contract must indicate citizens permanently residing in the residential premises together with the tenant. These legal requirements cannot be met without room numbering.
In accordance with clause 51, the address structure must contain the type and number of the premises within the building.
If the rooms in the dormitory are not numbered, the housing is identified by the house number, and the rooms in it are designated in the same way as in the technical passport for the building. The courts come to this conclusion when considering this category of cases.
This rule applies only to registration in municipal housing or on the balance sheet of an enterprise, organization or other legal entity. A privatized room in a dormitory must be assigned a specific number.
Registration of minors in the hostel
All Russian citizens, regardless of age, are required to register. According to Art. 20, the place of residence of children is the address of residence of the parents. They are the ones who are required to register minors.
The deadlines for registration are specified in Resolution No. 713. When registering:
- at the place of residence - 7 days from the date of receipt of the birth certificate or moving to a new address;
- at the place of residence (temporary) - within 90 days from the date of receipt of the birth certificate or residence in a new place.
To register in a dorm room, parents provide the following to the passport office:
- your passport with a registration mark;
- a document confirming the legality of living in the room;
- birth certificate;
- statement.
The consent of other tenants or the owner is not required. But if the child is registered in the father’s living space, the mother’s consent must be provided.
A certificate of permanent registration of a minor is issued on the day the documents are received.
What documents need to be prepared
Before registering in a hostel, you need to understand whether it belongs to the state or is a privatized facility and belongs to a private person. In the latter case, you will need a document confirming the relevant ownership rights
.
In addition, the owner must write a statement stating that another person will live in the premises. It is certified by a notary or commandant
. If the room is non-privatized, then you will need to conclude a social rental agreement.
When registering in a hostel, you need to have a complete package of papers. Its composition depends on whether the registration is made on a temporary or permanent basis
. So, in the first case, the following documents are required:
- identity cards;
- statement;
- owner's consent;
- statement from the owner.
If the premises are on the balance sheet of the organization, then registration in it is mandatory. Then you need to present the following documents:
- statements;
- identity cards;
- departure sheets;
- contract;
- insurance;
- medical certificate;
- photo;
- if available - military ID.
Those who are wondering whether they need to register in a hostel at all should take into account that registration is mandatory by law. And if you don’t have it, the violator faces a fine of one and a half to five thousand rubles.
Reasons for eviction from a hostel with permanent registration
Since citizens live in a hostel on different grounds, the reasons for eviction from rooms differ. The Housing Code of the Russian Federation provides for the termination of a social tenancy agreement or the rental of specialized residential premises, and also discusses some reasons for eviction of the owner of the room.
In this regard, dormitory residents are interested in whether they have the right to evict them without a court decision. The law lists the following grounds:
Grounds for termination of a social tenancy agreement | Eviction from hostels that are on the balance sheet of institutions and organizations (Article 102 of the Housing Code of the Russian Federation) | Grounds for eviction of the owner |
(Article 91.10 of the Housing Code of the Russian Federation) | ||
Late payment; | Transfer of ownership or transfer of housing to the economic management of another organization; | A court decision on eviction upon collection of the owner's property for obligations or its confiscation. |
conclusion of a sublease agreement; | destruction of the premises. | |
conclusion of a free use agreement; | ||
conclusion of a social rental agreement for other housing. |
So, Art. 83 of the RF Housing Code positively answers the question of whether they can be evicted from a hostel with permanent registration, and recalls in which cases the court will make a positive decision:
- rent arrears;
- violation of the rules of good neighborliness;
- using the room for other purposes;
- destruction of the premises.
Citizens not subject to eviction
In some cases, deprivation of the right to use housing is prohibited by law. This applies to the eviction of minor children, citizens registered on the basis of a testamentary refusal, and rent payers under a lifelong maintenance agreement.
In Art. 103 of the Housing Code of the Russian Federation lists categories of citizens who cannot be evicted from service residential premises:
- disabled people of groups I-II due to a work injury received through the fault of the employer, or an occupational disease as a result of performing work duties;
- military personnel who received group I-II disability during service;
- orphans left without parental care;
- old age pensioners and family members of employees.
Valid number
How many people can be registered in the apartment?
So, if the residential premises are the personal or shared property of citizens, then you can register as many tenants as you like in it .
The law does not introduce any restrictions in this regard, except that everyone registered must actually live in the premises .
If the housing is included in the municipal fund, then the number of registered ones
is strictly limited by the living space standards per person.
Standards are established depending on the housing supply in a particular municipality.
However, the minimum border is 6 square meters, the maximum is 16 m2.
How many people can be registered in a one-room apartment? The number of people registered in a one-room apartment is calculated in the same way as in the general case.
It makes no difference how many rooms there are in privatized premises, since the owner can register as many people as he wishes. For municipal housing - depending on the norm.
How many people can be registered in a room? Even the presence of one room in the property does not affect the registration rules . The situation is the same with a room owned by the state.
Period of legal residence without registration
According to Art. 19.15.1 for the lack of permanent or temporary registration, the tenant and the owner of the property are liable in the form of a fine. The only exceptions are citizens who are registered and live at different addresses, but in the same locality of a constituent entity of Russia.
To avoid becoming a criminal, find out how long you can live without registration.
In addition, Resolution No. 713 obliges the owner of a dorm room or the responsible employer to notify the registration authorities about illegally residing citizens within 3 working days after 7 days of their residence at their permanent place of residence or 90 days of stay in temporary housing. The owner does not face a fine, but the tenant may be held administratively liable.
Valid registration options
Registration can be relatively fictitious in nature and arise as social relations in the family develop, or change dramatically as a result of family conflicts. As a result of a divorce, the husband or wife is not always discharged, much less a child, especially before he or she reaches a certain age, not necessarily adulthood.
At the same time, regardless of whether the meters are available for registration or not, you may need to register a relative, acquaintance or colleague. Such an action is not necessarily related to the extraction of income, but if necessary, the Federal Migration Service will have to prove something reasonably and factually.
Natural social circumstances may play a significant role:
- kindergarten;
- school;
- clinic.
In this case, the parent was not necessarily registered with the child, and then was discharged, but the child was not. A person may reasonably want to send a child to a specific educational institution for which registration is important.
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Registration in the apartment of the owner of citizens of the Russian Federation
Work may require you to register in an apartment at a specific address. Living outside the city, for example, having a residence permit there, it is not always possible to get a job in the city or send your child to the right school with the right specialized education. Coming to study at a higher education institution, a future student needs housing before passing exams and receiving a dormitory.
There are many options for registration, and how many people can be registered in an apartment for various reasons depends on the specific everyday situation. Not all of them are administratively punishable for the one who registers and the one who registers. In addition, there are many natural, partly established vicissitudes and difficult situations with parents, grandparents and distant relatives, for whom it does not matter how long they can register, but it is important and necessary to get to the capital (or a less prestigious city), for example, to stand in line for an apartment or to look after an elderly person.
Controversial issues of registration in dormitories
A large number of buildings intended for dormitories were erected during the Soviet period. Although after the privatization of an enterprise these objects cannot become part of its property and must be federal property and under the jurisdiction of local administrations, this norm is not always observed. Therefore, various petitions, instructions or orders serve as the basis for moving into rooms.
That is why, when registering in a hostel, a dispute may arise about the emergence of the right to use and the possibility of registration.
If there is information about the transfer of the object to the balance of the municipality and the loss of the status of a hostel, there should not be any difficulties when concluding a social rental agreement.
A controversial issue can also include the characteristics of residential premises in a hostel and the indication of “bed space” in the order, because there is no such concept in the legislation. In addition, according to Art. 62 of the Housing Code of the Russian Federation, the subject of a social tenancy agreement can be exclusively isolated residential premises.
Practice shows that in this case, contracts are concluded for the entire room, indicating all residents as co-tenants.
Conclusion
The problem of removing the status of dormitories or service apartments has existed for many years. Due to the lack of regulations governing legal relations between tenants and owners, many citizens are unable to solve their housing problems. And yet the state obliges people to register in residential premises and imposes administrative liability for the lack of registration.
Residential premises in which you can register include rooms in a dormitory of a municipality, organization or enterprise, therefore, by concluding a rental agreement with the owner, a tenant can register in a designated room.
Where can I find out about the number of registered people?
Situations often occur when even the person living in the apartment does not know how many residents are registered in it. This problem is especially relevant in large families, which over the years acquire spouses, children and other relatives. Meanwhile, this information is extremely important, as it affects many aspects; some utilities are paid based on the number of registered ones, and if you want to register another person, it would be useful to find out if such an opportunity exists.
The easiest way to obtain information about the number of registered residents is from the management company or HOA. If we are talking about privatized property, then only the owner has the right to submit a request. But in municipal premises all residents are equal, so each of them can receive such data.