Registration in a communal apartment: is neighbors’ consent required for registration?
- Possession and use of property in shared ownership is carried out by agreement of all its participants, and if agreement is not reached, in the manner established by the court.
- A participant in shared ownership has the right to be given for his possession and use a part of the common property commensurate with his share, and if this is not possible, he has the right to demand from other participants who own and use the property falling on his share, appropriate compensation.
Possible reasons for refusal
Refusal to register a tenant in a communal building, provided that the applicant submits all the necessary documentation, including the consent of family members, is possible only when the housing is considered the property of the municipality, and moving additional residents into it reduces the living space allowance for each citizen living in the room.
No one has the right to refuse the owner of the room to register relatives or strangers. If the owner receives such an unlawful refusal from the migration service, it is possible to appeal the decision through the court.
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Housing Consultant
A communal apartment is a room consisting of several rooms belonging to specific individuals and several common areas. If a person owns a room in a communal apartment, he has the right to register an unlimited number of people in his premises. You can register the number of residents based on the calculation of the area of the room. Each resident must have no less than the norm (number of square meters) established by law.
Conditions for registration in a communal apartment
The conditions for registration in communal housing primarily depend on the status of the owner of the apartment. A communal apartment can be municipal or private property. In the first case, rooms in communal housing are transferred to residents under social tenancy agreements, and in the second, the rooms have an owner.
If a citizen is the owner of a room, he has the right to register anyone in his own premises, be it relatives or strangers.
If communal housing is considered municipal, the tenant will first have to obtain appropriate permission to register new residents from the executive body of the municipality, acting as the owner of the communal premises, and then written permission from all persons living in this apartment and who have reached the age of majority.
An exception to this rule is the registration of close relatives of the employer.
Legal details of registration in a communal apartment
Each room in a communal apartment belongs to one or more people. In addition, there are rooms that are intended for common use. Depending on the situation, the registration procedure may change.
If the owner registers
When property belongs to a person by right of ownership, he does not need to ask permission from anyone for registration. In this case, it does not matter whether the citizen being registered is a relative of the owner of the room.
The registration algorithm is as follows:
- Preparation of documents for registration.
- Transfer of title documentation to confirm ownership. This may be a certificate of ownership or an extract from the Unified State Register.
- Waiting for verification of submitted documents.
- Placing a registration mark in the applicant’s passport.
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When the owner registers, the process is most simplified. To register in municipal housing, you must obtain the consent of the owner and all residents.
Which room will they be assigned to?
If the room has been privatized, then the person will register anyone on its territory at his discretion. In addition, a communal apartment also has common areas that all residents have the right to use.
Registration will be carried out in the room where the owner who decides to register another person lives. However, the registered citizen has the right to use all premises that are considered common.
If the apartment is municipal
Citizens use real estate owned by municipal housing stock on the basis of a social tenancy agreement. Moreover, all residents are tenants and have restrictions on property rights.
The registration procedure for a communal apartment, which is municipal property, is regulated by Art. 70 Housing Code of the Russian Federation. Without the permission of the municipality, only close relatives are allowed to register, and consent must be obtained from all residents.
If the area of the apartment does not allow for the accommodation of one more person in accordance with the established square footage standards, then the municipality has the right to prohibit the occupancy and registration of new citizens. The exception is the registration of minor children. This does not require consent, since by law children are registered in the same place as one of the parents.
To obtain permanent registration you must provide:
- written consent of the municipal authority;
- written permission from residents to register one more citizen;
- general passports of the tenant of the communal apartment and the person who needs to be registered;
- a correctly completed application;
- personal account or housing order.
The application is processed within 3-5 business days. If all documents are in order, the new tenant receives a passport with a registration stamp.
Temporary registration
If a citizen is temporarily registered at his place of residence, he does not need to be deregistered at his permanent residence address. The presence of temporary registration implies that after its expiration the person will return to permanent living space.
Temporary registration is not required if a citizen plans to stay in the territory of any region of the Russian Federation for less than 90 days. If at the end of this period temporary registration is not completed, then the residents of the apartment in which the citizen is located may be brought to administrative liability.
Temporary registration is issued for a period from one day to five years. To register you need to provide:
- title documents for living space;
- general civil passport of the person being registered;
- completed application;
- consent of other residents if the housing is municipal.
Documents are provided to the MFC or the FMS branch. There you can also get a sample application and a form to fill out.
Registration of relatives
If the owner of the room registers his relative, no additional permissions are required. However, in this case, it is necessary to take into account the norms for the size of living space provided for per person by law.
If a person lives in a communal apartment on the basis of a social tenancy agreement, then even to register a close relative will need to obtain consent from the other residents. An exception to this rule is the registration of a minor child.
Registration of a foreigner
The same rules apply to the registration of a foreigner as for the registration of citizens. The owner has the right to register anyone, and the tenant must obtain the consent of the municipality and other residents.
Foreigners can be registered temporarily or permanently. Temporary registration implies that the person will stay on the territory of Russia for more than the period prescribed by law, and permanent registration means that the foreigner plans to continuously reside in the country.
If a foreigner comes from a country with which Russia has a visa regime, then he has no right to stay on the territory of our state longer than the validity period of the visa.
Registration in a communal apartment without the consent of neighbors
The owner can register any citizen in his room in a communal apartment without the consent of the neighbors.
From 2021, the possibility of limiting the number of registered citizens depending on the area of the apartment is being considered.
In this case, owners of communal apartments will lose the opportunity to obtain registration for a wide range of people.
Only close relatives will be able to obtain registration.
The law provides for a special approach to registration in a communal apartment for various categories of citizens:
- for minor children;
- for the owner and his family members;
- for the employer and his family members.
Minor child
The owner, tenant, and third parties who are registered in a communal apartment have the right to register their official child without notifying the owner of the property, other residents and owners of other rooms.
Subsequently, he can be discharged only by a court decision or at the request of a parent.
Only the official parent is given the opportunity for unhindered registration. That is, a man or woman must be included in the child’s documents as a parent.
In case of deprivation of parental rights, a citizen does not lose this opportunity.
The owner and his family members
The owner of the apartment has the right of ownership to obtain registration in the room. The law considers a room in a communal apartment to be individual living space.
Therefore, there is no need to obtain the consent of neighbors in a communal apartment. The exception is the situation. When relatives own several rooms in an apartment on the basis of shared ownership.
Then you need to obtain permission for registration from the co-owners. But the owners of other rooms cannot influence the owners' decision.
Important! Family members of the owner who are registered in the room have the right to register their minor child (aged 0 to 18 years) in it without the consent of the owner. He doesn't even have to notify him about it.
Example . Ilya and Sofia inherited from their grandmother 2 rooms in a communal apartment on the right of common shared ownership. Ilya got married and moved into one of the rooms. But Sofia refused to consent to registration in the apartment of her brother’s wife. Although the girl did not actually live in the premises, the passport office refused to register Ilya’s wife. Thus, Ilya’s wife actually lived in the apartment, but could not obtain registration.
Is it possible to?
Is it possible to register yourself and register another person in a communal apartment?
You can register in a communal apartment yourself.
Anyone who lives in it legally , be it a social tenancy agreement or property rights, as well as family members of such a person have every right to do so.
This does not require the consent of all residents of the communal apartment, but written confirmation from those living in a particular room is required.
Registration procedure
How to register in a communal apartment? Depending on whether the room is owned or not, the owner or tenant has the priority right to register
The procedure is standard , consisting of several steps:
- Collection of papers and their preparation for submission to the registration authority.
- Appearing at the registration authority with papers and drawing up an application.
- Waiting for the result.
- Obtaining registration.
In general, the procedure is not complicated and does not take much time. However, you need to understand the list of documents in advance and choose the place of registration.
Svetlana Bolotskaya, leading legal consultant of the INCOM-real estate legal service, answers:
In accordance with current legislation, the owner of residential premises in a communal apartment has the right, without the consent of neighbors, to rent out this residential premises under a rental agreement and register citizens in it.
Accordingly, neighbors in a communal apartment do not have the right to demand from tenants confirmation that they comply with the rules of registration at the place of stay or residence. How to influence a neighbor who is renting an apartment?
My neighbor is renting out a room in a communal apartment, I am against it. What to do?
At the same time, for citizens of the Russian Federation living at their place of stay or at their place of residence in residential premises without registration, liability is provided - an administrative fine.
Temporarily
Is the consent of neighbors to obtain temporary registration in a communal apartment?
Temporary registration is completely subject to the same rules and regulations as permanent registration (read about the differences between temporary and permanent registration).
That is why, if the room is owned , then the owner decides the issue at his own discretion.
If it is municipal , then the consent of absolutely everyone registered is required.
