What is registration without the right of residence and how to apply for it

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Published: 10/02/2017

Reading time: 5 min

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Many property owners are often offered to register a third-party tenant in their apartments, promising a decent reward for this. In fact, such a procedure implies a certain responsibility and risk for the owner.

Temporary registration: benefits and features
Definition
Temporary registration without the right to living space
Encumbrances for the owner
Registration without right of residence or fictitious registration
conclusions

Is it possible to register without the right of residence?

It should be noted that the registration procedure itself in this case will not differ from the usual one.
And the agreement on the actual non-use of the premises between the parties is informal. Therefore, you should think carefully before carrying out such registration. In places of non-permanent location, for example, a hotel, recreation center, hospital, only temporary registration is possible. It is produced only for a limited, specifically indicated period. Such an obligation arises if it is necessary to stop at a place other than one’s place of residence for more than ninety days.

Registration without ownership and residence rights

Thus, registering a person and not giving him any rights to live in an apartment is possible only in theory. By going to court, citizens defend their own right to live at their registration address. Otherwise, it will be considered fictitious. And this threatens the owner of the property with liability.

in the case of voluntary deportation, a person can only be evicted through the courts;
if a person is registered at an address, he has the right to register his child (under 18 years of age) without asking permission from the property owner;
The child has no property rights, but it will be difficult to sign him out;
if there are family ties with such registration, then the registered citizen is considered a family member;
It will take a lot of time to evict (even at your own request).

How to correctly draw up a registration agreement without the right of residence

At the legislative level, neither the Housing Code nor the Civil Code or other legal acts enshrine the concept of “registration without the right of residence.” The owner, by registering another person in his living space, thereby gives him the right to legally reside in this place.

According to the legislation of the Russian Federation, every citizen is required to have a residence permit. It can be either temporary or permanent, but in order to live in a certain living space legally, it is mandatory to register it.

What opportunities does registration provide?

The owner or co-owners, if there are several of them, have the right to dispose of the residential premises at their own discretion, including registering relatives and even strangers. In this regard, questions often arise about what rights registration gives, registration without the right of residence - what it is and whether there is such a concept in the legislation at all.

It should be recognized that there is no such definition in regulatory legal acts. The range of rights and responsibilities that a person has after registration depends only on the type of registration.

Registration only gives you the right to:

live in a residential area and use everything in the apartment;
register your minor children without the consent of the owner;
register in the pension insurance system (receive SNILS);
request a taxpayer identification number (TIN);
register an individual entrepreneur;
apply for social benefits and subsidies;
place your child in kindergarten or school;
receive free medical services at a district clinic or hospital;
get a job if the employer requires registration.

Neither temporary nor permanent registration confer ownership of someone's residential premises. This right arises only on the basis of the following transactions:

apartment purchase;
concluding a life annuity agreement;
receiving housing by inheritance, by court decision;
donation.

What does registration without right of residence mean?

However, there are a number of nuances here that arise from the very concept of obtaining registration - although it is mandatory, it is, in fact, only of a notification nature, allowing government services to facilitate monitoring of population migration.

The registered person himself can, based on his own needs, choose whether he wants to live in a given apartment, or even appear there once a year - the state cannot limit this right to him.

That is why two citizens can independently conclude an agreement-receipt between themselves, which must be subsequently certified by a notary stating that the registered person has no right to live in this place. Such a receipt will subsequently become a kind of guarantor that will allow you to obtain a decision in court in a case of violation.

Let's celebrate! But at the same time, it should be remembered that if a person begins to seek through the court the opportunity to live in this place, then the court may make a positive decision, since such an agreement is largely fictitious.

What is the difference between registration without the right of residence?

All rights and obligations of citizens who are registered on living space, of which they are not the owner, are prescribed in Article 31 of the State Code of the Russian Federation. Paragraph 4 clearly regulates the following: upon termination of family relations between the tenant and the owner, the former is obliged to check out of the apartment, unless the agreement provides otherwise.

The situation is somewhat different in the case of municipal housing. The process of housing privatization allows the person registered in the apartment to become a co-owner. Therefore, even in the event of a divorce, a family member can claim partial ownership. Discharge from municipal housing occurs voluntarily or by court decision.

What does the law say?

When planning to register a relative or a stranger without the right of residence, you should remember some nuances.

The legislation does not mention such registration - it is simply not provided for . The registration note will not contain any information. However, when concluding an agreement, you should not break the laws.

If 1 apartment owner (and there are several of them) accepts the procedure, then the rest give him notarized powers of attorney. Such registration is considered fictitious, and a fine is paid for it.

Permanent registration without the right of residence: rules of legal registration, registration agreement

Moscow .
Saint Petersburg .

From the point of view of current legislation, the formation of a registration agreement without the right of residence is an illegal action, since in accordance with existing rules of law operating in the field of migration legislation, the right of residence of the holder of permanent registration is formed automatically after registration has been completed.

Obtaining permanent registration is most often carried out by individuals from their relatives or friends who own living space suitable for living. However, a special agreement is often concluded, which creates restrictions on the possibility of residence. A registration without the right of residence is being formed.

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Features of registration without the right of residence

Each type of registration is issued at the MFC (multifunctional center) of the region of permanent or temporary residence, or, if there is no center, which can be found in small settlements, at the passport office. You can submit an application through the government services portal if the applicant is registered there

registration under an agreement for the free use of premises (as opposed to paid use of premises) assumes that the registered person may be in the living space;
under such an agreement, the registered person does not have the right to sell or rent out living space if he does not have ownership rights;
in case of a contract without the right of residence, a mark will not be placed in the passport;
the person being registered does not have to be a relative of the owner.

Registration registration: stages, features

One of the ways to additionally document the fact of registration, as well as resolve some controversial issues, is an agreement for the temporary use of residential premises. It is he who determines the rights of the general owner of the premises and protects the property owner from “uninvited” guests. As one of the terms of the contract, it is possible to provide for cases and terms of termination of the contract, for example, the contract can be terminated by decision of the owner of the apartment within one day from the moment of expression of will and notification of the parties of intention. In addition, the agreement must necessarily contain the following provisions:

on the date and place of signing (conclusion) of the agreement;
about the deadline. Thus, a period can be equated to a specific calendar date or designated by some event. For example, a person may have a residence permit in an apartment until ownership passes to another owner (this happens not only during sales and donations, but also during inheritance), or until a significantly significant fact occurs (the end of an employment contract, graduation, etc.) .d.). With temporary registration, the term is an essential condition of the contract;
about family ties. It would be better if you indicate in the contract the fact of the presence/absence of family ties. This clause is not a mandatory condition, but in the case of disputes being considered in court, the absence of family ties can become a decisive argument;
about subject and object. An object is an apartment or other premises where the person who is the subject will be registered. In relation to the property, you can indicate the characteristics, as well as the address of the location, and in relation to the subject, it is necessary to include passport data in the contract so that the person can be identified in case of problems.

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The temporary registration procedure is drawn up in accordance with the general rules for registration of individuals, however, this procedure has its own characteristics. In addition to the package of documents, the applicant fills out an application in the form to the registration authority, the applicant must submit the following documents:

passport or other document on the basis of which personal identification can be carried out. For persons under 14 years of age, such a document is a birth certificate;
a title document for a property where a person without the right to housing will be registered. It is this document that confirms the legal capacity of one person to dispose of real estate, i.e. actually determines the legality of the transaction. For example, for an apartment this could be a certificate of ownership;
application form. The application form can be printed out yourself or taken on site from the registration authority (this option is preferable);
consent of the property owner. Often, the title document for real estate (certificate of ownership) is replaced with a statement of consent from the owner of the property. This application must be certified and signed personally by the owner of the premises. The application must clearly and unambiguously indicate that the owner does not object to another person living with him.

The application form must be signed by both parties to the transaction; this is mandatory, because the signature of the apartment owner confirms the fact of his consent.

Thus, a significant difference between temporary registration and permanent registration is the presence of two statements that must be signed by the owner of the property: an application in the form on behalf of the person who will be registered and a statement of consent on behalf of the owner of the apartment.

Please note that if other persons are registered and live in the apartment, then written consent must also be obtained from them, based on which it will be clear that the above persons are not against it and do not object.

Registration can be obtained on the territory of the Russian Federation at the place of residence (place of registration). To do this, the applicant can contact one of the territorial authorities with a package of documents:

OUFMS;
MFC;
passport office of the housing department (for regions where there is an MFC, this item is not relevant).

At the same time, the MFC and housing department are only intermediaries between the registration authority and the applicant, while the registration itself is issued by the Federal Migration Service. The registration period is 7 working days. If registration is needed urgently, then the best option would be to submit documents directly to the Federal Migration Service. In the latter case, the procedure will take 3-4 business days.

Registration agreement without right of residence

Validity period of the document. In the absence of temporary boundaries, registration is issued as permanent or indefinite.
Indicate the lack of rights to own property.
Determine family ties . This is necessary to exclude the recognition of a person as a full owner of the property.

It is necessary to register a person in a certain residential area.
Registration has a permanent and temporary basis.
Temporary registration has a certain validity period and is issued, as a rule, by foreign citizens.
Temporary registration is popular among students and people who come to look for work.
If housing was purchased through financing or privatization, temporary registration does not give the right to ownership of this premises.
The presence of family ties in the presence of temporary registration does not give the right to dispose of property.
Judicial proceedings will prevent the existence of an additional agreement in which all points of registration will be clearly indicated.
Temporary registration differs from permanent registration only in the period of validity.

Agreement on Temporary Registration without Right of Residence

At the same time, owners of residential property have the full right to dispose of their property at their own discretion. In particular, they can register any citizens in their real estate. In addition, in fact, they can agree on the nuances of using specific real estate.

Federal Law No. 5242-1. The law clearly states the conditions for applying for temporary or permanent registration;
Decree of the Government of the Russian Federation No. 713 of 07.95. The Decree clearly explains the registration procedure and the required list of documentation.

Additionally, it is worth paying attention to the fact that a clear definition of the registration in question is specified in Article 2 of Federal Law No. 5242-1.
As for the existing nuances, to fully study them it is necessary to refer to Articles 5 and 6 of Federal Law No. 5242-1.

Registration registration without right of residence

The owner has no right to discharge the property without the consent of the tenant. More precisely, he has the right, but for this he will have to work hard. Forced discharge may be complicated by the lack of other types of accommodation. In this case, only the court will help the owner.

Registration is registration, either temporarily or permanently, at the address of residence. In this case, the property may or may not be owned by a person. In this case, it is worth talking about the second method.

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Is it possible to register a person without the right of residence?

It is impossible to officially register a person without the right of residence, since this is not provided for by law. Registration can only be permanent or temporary; other nuances are simply not indicated in the registration stamp.

A registration agreement is not a real document, just a receipt that helps the owner find peace of mind, but in reality a person will be registered in a completely ordinary way, since doing otherwise would be a violation of the law.

Temporary

This type of registration does not imply ownership. Temporary allows you to live only in this territory. As a rule, a person has a permanent residence permit in another city.

A minor child can be registered in this way without asking for consent.

After the end of temporary registration, registration is canceled automatically. If temporary registration is planned for a long period, then it is necessary to conclude an agreement on the right of residence and registration.

Minor child

You can register a minor without the consent of the owner. That is, if a person receives permanent registration, then he has the right to register a minor child there. In this case, the owner's consent will not be required.

The owner can sign out his tenants without any problems, but at the cost of losing his own time. Especially if discharge is impossible in the absence of another registration for a minor child. That is, freezing a child’s discharge may be subject to the refusal of the guardianship and trusteeship authorities.

Permanent registration without ownership

The right to registration does not mean the ability of registered citizens to participate in real estate transactions, dispose of it in any way, or give permission to carry them out. However, if eviction is necessary, if the property is sold or it has been transferred as a gift or inheritance, a difficult situation may arise.

3 days when contacting the Federal Migration Service of the Russian Federation regarding registration, including foreign citizens, this period is spent on making a decision when filling out an application online on the State Services website;
From 1 to 5 days it takes passport offices to check official papers and affix a registration stamp to the passport or issue a certificate of temporary stay for a period of no more than 90 days, while withdrawal at a permanent place of residence is not required;
the period increases by several days and is equal to 7 to 8 days when submitting documentation through the MFC of the Russian Federation, which acts as an intermediary and legal consultant for the population and interacts with government authorities and municipal authorities within the framework of their powers.

How to apply?

Registration without the right of residence is issued in 2021 through:

portal of State Services remotely;
multifunctional center in person;
migration service;
Passport Office.

To register, you will need to visit the above authorities and submit an application in the established form with a certain package of documents. Then wait about a week for a decision and receive a certificate of registration, and then affix a registration stamp at the passport office.

Documentation

To apply you must provide:

a document that identifies a citizen, usually a passport, both original and copy;
individual tax number of the taxpayer, if available;
certified certificate in case of gift or inheritance;
certificate of registration with the authorized body;
check for payment of state duty;
application of the established form;
cadastral certificate.

A sample application for registration at the place of residence is here.
A sample application for registration at the place of residence is here.

Sample contract

There is a specific sample agreement to be concluded in case of registration without ownership rights.

Here it is indicated:

last name, first name and patronymic of all parties;
address and territorial location of the property;
features of provision;
rights and obligations;
signature and date, transcript.

A sample agreement on registration at the place of residence without the right to living space is here.

About registration without ownership of living space

Registration, in turn, forms the relationship between citizens and the state in the notification plane. By registering, a citizen notifies the state, represented by the registration authorities, about the place of his current place of residence.

Thus, every citizen of the Russian Federation is obliged to “designate” his place of residence by registering within 90 days. For violation of this requirement, administrative liability is provided under Art. 19.15.1 of the Code of Administrative Offenses of the Russian Federation.

Clarifications regarding temporary registration without the right of residence

Documents on the basis of which a person can apply for temporary registration include contracts for social rent or sublease of housing premises, papers on registration of the right to such premises, or an application from the owner who provides housing for use by a citizen.

It should be remembered that the deadlines for registration and registration at the place of residence for foreign citizens are completely different; they should be carefully studied before housing a foreigner or acting as a host when registering with the local migration office of the Ministry of Internal Affairs.

Briefly about the types of registration

According to the current Civil Code of the Russian Federation, it is customary to distinguish between two types of citizen registration on the territory of the country:

Permanent or at the place of residence. In this case, the person is registered in the apartment in which he lives as an owner or tenant. Having this type of registration gives you the right to use a number of important public and private services:

receive social benefits (pension, benefits, etc.);
apply for loans from credit institutions;
get a job using a work book;
register vehicles;
obtain a passport to travel abroad.

Temporary or at the place of stay. Such registration is characterized by the fact that a person is assigned to a specific address for a certain period of time, but it practically leaves him without rights, except for the provision of the place of residence itself. The maximum validity of temporary registration can reach five years, and it is issued if a person stays at the place of stay for more than 90 days.

Registration without ownership of an apartment, house and other housing

A citizen who changes his place of residence must notify the FMS about this within no more than 7 working days and obtain registration in the new apartment. Regardless of the period of registration, the new tenant will not be able to claim real estate, since he will not have any rights to this, and the legal fact of registration also does not provide such an opportunity.

FULL NAME. parties;
location of housing;
if the registration is temporary, its duration;
the condition that registration is without ownership and residence rights (if necessary);
condition on notifying the owner when registering minors;
other rights and obligations of the parties.

How to register temporarily?

Permanent and temporary registration are accounting measures without ownership rights, only the right of residence appears.

With temporary registration, a person most often has a permanent residence permit in another locality, where he may also have ownership rights to a house, apartment, or room.

This is important to know: Certificate of ownership of residential premises in Moscow

Minor children will be registered with temporarily registered parents without any consent and regardless of the owner’s opinion on this matter.

Temporary registration has an end date, after which deregistration automatically occurs.

It should be borne in mind that the consent of a minor child to deregistration is not decisive: the child follows his parents, since without them he does not have the right to be registered (Article 20 of the Civil Code of the Russian Federation).

If temporary registration is planned for a long period, then the best solution for the owner would be to sign a residence agreement without ownership rights.