Is it possible to register in a house if it is not registered as a property?


How to register in a private house - list of necessary documents

From this we can conclude that the commission accepting the house (cottage) will issue a document on commissioning only when the house is completely ready for full-time living in it.
What to do in this case? There is only one way out - to finish building the house, install communications and make repairs. the concept of “ unfinished construction ” differently. People who wish to build a house on their own from scratch or buy an unfinished can move into this housing and continue construction while actually living on this property. This is often due to huge financial investments and protracted construction times.

Documents for registration in a private house and features of the procedure

As already mentioned, registration and ownership are not the same thing. If you are the owner (or co-owner) of a home, you can register in it without asking anyone for consent. However, if you decide to register someone in your home, you will need confirmation that all other owners are okay with it.

Hello. I want to register in the house I built. The FMS refuses. They say registration at the dacha through the court. But this is my situation. I received a city plan that says - single-family residential building, gardening, etc. Then a building permit. Built a house. She put it into operation, assigned a single address to the land with the house, filed a declaration about the house, in general, with the permission of the city, she did everything as expected. Still received a refusal. She filed a lawsuit. The judge requires a certificate from the housing commission that the house is suitable for habitation. The commission sends it for examination. But the examination costs 100 tr. I have a house passport where it says that the house is suitable (foundation, concrete house, electricity, water, sewerage) and was put into operation this year. What is the commission ? For what? The lady from the commission speaks. There is no time to get acquainted with the plan and my papers. Like a certificate and that’s it. I don’t have the opportunity to get a certificate, but I have three children without registration and my mother is a pensioner. Can I register in a house without a commission?

What do you need to register in a private house?

Until the entire scope of construction and repair work in the residential premises is completed and the process of installing all the necessary communication systems is completed, the operation of a private house is not possible. In fact, this is not yet a residential building, but simply a set of building materials.

  • an application with the established form , which is approved by the Federal Migration Service, it should be taken at the document submission window;
  • passport - or other document that proves identity;
  • birth certificate for children under 14 years of age;
  • military ID for men under 27 years of age;
  • if one citizen ascribes to another in his private home , then in this case it is not necessary to present the original certificate of ownership of the property;
  • original written application from the owner of the property , when a private house is under the ownership of another person, allowing a citizen to be registered in a private house, without his presence;
  • extract from the house register . Where can I get an extract from the house register? This document can be obtained by going to the passport office of the Housing Office.

We recommend reading: What is the difference between registration at the place of residence and at the place of stay

Is it possible to register in an unfinished private house in 2021 - when?

Registration at the place of permanent residence is carried out at the passport office, division of the Migration Service or management company in the area where the property is located. Difficulties with registration do not arise if the apartment or house is in a finished state, but they appear when registering a residential building as unfinished construction.

This is especially true for individual housing construction projects. The question is ambiguous and its solution depends on many factors, which you will learn from this article.

The procedure for registering citizens is regulated by the following regulations:

As such, the concept of “registration”, which implies the registration of citizens at the place of their permanent residence, is excluded from the legislation, since previously there was a link in the legislation to the registration address.

This shortcoming in the law was eliminated by introducing the term “registration at the place of residence,” which does not exclude the choice of citizens’ address and changing it at their own discretion.

According to Article 2 of the said law on the rights of citizens, registration is possible in any premises suitable for permanent residence, isolated from other real estate.

It is possible to register as an owner, a tenant under a social contract with state and municipal authorities, or a tenant.

The category of suitability for habitation implies a certain readiness of the object, installation of utility lines, maintenance of the house or apartment - cleaning, technical work, regular repairs, etc.

Based on Government Resolution No. 713, apartments in residential buildings, office premises, and individual development projects can be considered in this capacity.

When can you apply for registration?

Based on Article 15 of the Housing Code, for living in a premises it is necessary that it be isolated, comply with technical and sanitary standards, and legal norms.

According to Article 253 of the Civil Code of the Russian Federation, this condition is confirmed by drawing up an acceptance certificate for operating organizations.

From the moment it is signed, it is possible to live in the premises, and accordingly it is allowed to register citizens in it.

Thus, registration in an unfinished house can be carried out if it represents a separate room with a separate entrance and rooms isolated from other buildings, if it is recognized as suitable for living.

This means a certain readiness of the building for occupancy, which is confirmed by acts of government bodies. In other cases, it will be impossible to register.

First, you will need to bring the building to a certain degree of readiness, perform construction and installation work, and then contact the service company, the authorized bodies for cadastral and construction supervision again to inspect and issue a conclusion on the degree of readiness of the property.

How to register in a non-privatized apartment without consent is described in the link.

Before signing the acceptance certificate, you need to call specialists from the BTI authorities to draw up an opinion on the condition of the house. Experts will conduct an inspection and draw up a conclusion on the readiness of the house and the possibility of its operation.

For example, if the construction is 30% complete, the foundation has been laid, the main walls have been erected, there is a roof, but the drainage and sewage lines have not been completed, there is no heating, the entrance to the house has not been equipped, there is no renovation of the interior, of course, living in such a house is not possible. allowed.

In another case, when the readiness is 70-80% and all that remains is to paint the interior, thermal insulation and a number of other cosmetic measures, then it will be possible to live and register in such a house.

The obligation to register arises for citizens without a fixed place of residence for a period of more than 7 days. Violation of this requirement entails administrative liability with a fine of 2.5 to 5 thousand rubles. per person.

Registration can be carried out either permanent or temporary – for a period of 90 days with the right of extension.

The second method is practiced when forced to move to another area due to employment, registration of certain obligations, at the place of long-term inpatient treatment, and in other cases.

Required documents

To register in a private house at a certain stage of development, you must confirm its status. It must be connected to the water supply, electricity and gas supply systems, and have a sewerage outlet.

All these facts are confirmed by the acceptance certificate and the conclusion on the inspection of the house by experts from the BTI authorities.

In addition to these documents, if check-in is permitted, you must provide the following to the passport office, management company or FMS division:

  • application form - the form can be obtained from government agency employees or viewed at information stands, download a standard example on the Internet on the official websites of government agencies, the State Services portal;
  • passport or other identity document. Foreigners are required to have a foreign-issued ID with a valid visa and attach a counterfoil of a notification of temporary stay at a specific address in Russia;
  • birth certificates for children under the age of 14; upon reaching this age, a passport is provided; the child independently submits or signs an application for registration at the place of residence;
  • extract from the house register;
  • certificate of ownership of housing issued by Rosreestr;
  • an application from the owner of the house, if he cannot be present at the registration - a notarized consent certified by him or a power of attorney to represent interests, certified in a notary office or the consular department of the Russian Federation abroad and an identity card of the citizen participating in the procedure;
  • for men under 27 years of age, a certificate from the military registration and enlistment office is required;
  • if other citizens live in the house at the time of registration, then written consent must be obtained from everyone who has reached the age of majority. The exception is when close family members (spouses, parents or children) move in. Registration of a minor is carried out automatically at the place of residence of the mother; other citizens or government agencies have no right to prohibit registration.

It is prohibited to request documents from the registering person:

  • residence permit for citizens of foreign countries;
  • confirmation of the source of income, payment of taxes;
  • military ID;
  • Marriage certificate;
  • certificate of absence of debt for utility services from the previous place of residence;
  • consent of other residents under 18 years of age.

It is not necessary to provide a departure certificate when registering in the same city or other locality, including those liable for military service. Such a requirement by a government agency employee or refusal to register can be appealed.

When registering, the information is automatically transferred within the established time frame to the place of the last place of residence, where the registration data is cancelled. When moving to another region of Russia, obtaining an extract sheet is still required.

When registering in someone else's house by court decision, it is necessary to present to the housing registration authority, in addition to the application, a decree on occupancy that has entered into force.

The land on which the house is built also matters. If it belongs to a category in which the construction of residential buildings is prohibited, then it will be impossible to clearly legitimize such a building, and therefore registration of such housing will be denied.

Is it possible to register in a private house that is not yet completed? The question is ambiguous; in order to answer it, you need to know the features of the construction of a certain structure, the availability of confirmation of the connection to the communications of a separate house, the availability of permits for the construction of the building.

Definitely, a construction examination of the house design and its actual condition must first be carried out.

If, based on the results, it becomes known that the level of readiness of the building is high and such premises can be lived in, then registration in the house is allowed not only for the owner, but also for his relatives.

Such conflicts in the law on registration of citizens arise due to the fact that it is possible to establish ownership not only of a finished object, but also one certified by construction.

Payment for registration at the place of residence is not provided for Russian citizens; foreigners pay 200 rubles to the budget.

How to register land ownership in the village, read here.

Find out what documents to submit to the tax office when selling an apartment in this article.

Source: https://kvartirkapro.ru/mozhno-li-propisatsja-v-nedostroennom-chastnom-dome/

What documents are needed for registration in a private house?

Today we will try to cover all the main points related to the registration procedure in a private house. What documents are needed for this? Is it possible to register a share of a house and temporarily register in a dacha? Finally, where should the relevant petitions be submitted? You will find answers to these and other important questions related to registration in this article.

The registration procedure itself can only be carried out after the applicant is deregistered at his previous place of residence. Men, in this case, will also have to change the military registration and enlistment office. For Russian citizens, registration in a private house is free, like any other. Before registration, a foreigner will be required to pay the appropriate state fee in the amount of two hundred rubles.

Rural registration: is it possible to register in a house in the village or on the lands of private household plots?

  • application for registration;
  • passport of the interested person;
  • the house register, or rather, an extract from it;
  • consent of the home owner;
  • power of attorney, if the applicant does not independently carry out the registration;
  • departure certificate, if the applicant has already left his previous place of residence;
  • documents on the ownership of the house;
  • technical documents for the house.
  • The Housing Code of the Russian Federation determines what constitutes residential premises and answers a lot of other housing questions;
  • The Criminal Code of the Russian Federation establishes criminal liability for fictitious registration, i.e. not for the purpose of actual residence;
  • Law No. 5242-1 of June 25, 1193 fixes the possibility of every citizen for free and independent self-determination in matters of place of residence within the country;
  • Government Resolution No. 713 is the main legislative act that explains in detail the features of the registration procedure;
  • The Code of Administrative Offenses of the Russian Federation establishes a fine if a person has exceeded the period during which he can be unregistered anywhere;
  • Resolution of the Constitutional Court of the Russian Federation dated April 14, 2008. No. 7-P Moscow - an act that made it possible to register in dacha and garden partnerships, in private household plots and on agricultural lands.

If the house is not registered as a property, is it possible to register?

This shortcoming in the law was eliminated by introducing the term “registration at the place of residence,” which does not exclude the choice of citizens’ address and changing it at their own discretion. Is it possible According to Art.

2 of the said law on the right of citizens, registration is possible in any premises suitable for permanent residence, isolated from other real estate.

It is possible to register as an owner, a tenant under a social contract with state and municipal authorities, or a tenant.

The category of suitability for habitation implies a certain readiness of the object, installation of utility lines, maintenance of the house or apartment - cleaning, technical work, regular repairs, etc. Based on Government Resolution No. 713, apartments in residential buildings, office premises, and individual development projects can be considered in this capacity.

Registration at the place of permanent residence is carried out at the passport office, division of the Migration Service or management company in the area where the property is located.

Difficulties with registration do not arise if the apartment or house is in a finished state, but they appear when registering a residential building as unfinished construction.

This is especially true for individual housing construction projects.

The question is ambiguous and its solution depends on many factors, which you will learn from this article.

Legislative framework The procedure for registering citizens is regulated by the following regulations: As such, the concept of “registration”, which implies registration of citizens at the place of their permanent residence, is excluded from the legislation, since previously there was a link in the legislation to the registration address.

How to register in a house that is not registered in the order of inheritance

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Registration procedure in a private house

There are only three conditions, without which registration is impossible:

  • the house must have residential status, that is, suitable for year-round use;
  • the dacha or garden partnership must be located within the boundaries of a populated area;
  • the dacha should be the only place where registration is possible.

Consent of the owner The consent of the owner or all co-owners is required if it is planned to register a person who himself does not have ownership rights in relation to this house.

It does not matter what kind of property: private or municipal, the house is located. The consent of its owner is a prerequisite.

There is only one exception to this general rule: when it comes to registering minor children with their parents. There is no need to obtain anyone's consent for this.

Is it possible to register in an unregistered house?

Russia;

  • birth certificates for children under the age of 14; upon reaching this age, a passport is provided; the child independently submits or signs an application for registration at the place of residence;
  • extract from the house register;
  • certificate of ownership of housing issued by Rosreestr;
  • an application from the owner of the house, if he cannot be present at the registration - a notarized consent certified by him or a power of attorney to represent interests, certified in a notary office or the consular department of the Russian Federation abroad and an identity card of the citizen participating in the procedure;
  • for men under 27 years of age, a certificate from the military registration and enlistment office is required;
  • if other citizens live in the house at the time of registration, then written consent must be obtained from everyone who has reached the age of majority.

Necessary documents for registration in a private house

But when moving to another region, a citizen has the obligation to obtain a temporary registration. Rules Registration is the responsibility of citizens. Violation of it is subject to administrative punishment in the form of a fine. Documents for registration are submitted to the Federal Migration Service at the place of future residence. There are certain deadlines for registration:

  • 7 days for permanent;
  • 90 days for temporary.

Registration in a private house Registration or registration is possible only in residential premises. According to housing legislation, these are considered:

  • residential building or part thereof;
  • apartment or part thereof;
  • room.

Without ownership rights For the owner, the basis for registration is precisely his right to this house. All other residents will have to ask the owner's consent.

Is it possible to obtain registration in an unfinished private house?

Attention

Accordingly, a situation has now arisen where a resident without registration is in fact in the status of a person without a fixed place of residence with all the attendant consequences. I sent an appeal to the Federal Migration Service for the city of Moscow with a request to clarify whether registration is possible on the basis of the DDU and the transfer certificate. This is the answer that came from the Federal Migration Service for TiNAO: Department of the Federal Service of Russia for the city.

Moscow in the Nenets Autonomous Okrug Your request to the website of the Federal Migration Service of Russia for the city.

Is it possible to register in an unregistered house in the village?

Meanwhile, there is a very significant difference between these two concepts:

  1. Registration was a residence permit.
  2. Registration is just a notification to the authorities about the choice of place of residence.

Permanent Permanent registration means registration at the place of residence. That is, where the citizen officially resides, where he receives correspondence, where he pays taxes.

This could be either his own housing (house or apartment), or occupied under a social tenancy agreement, or simply an agreement for free use. Temporary Temporary registration is required when the places of actual and official residence do not coincide.

But in the case when both addresses are located within the same locality or one subject of the Russian Federation, re-registration is not necessary.

When registering, the information is automatically transferred within the established time frame to the place of the last place of residence, where the registration data is cancelled.

When moving to another region of Russia, obtaining an extract sheet is still required. When registering in someone else's house by court decision, it is necessary to present to the housing registration authority, in addition to the application, a decree on occupancy that has entered into force.

The land on which the house is built also matters. If it belongs to a category in which the construction of residential buildings is prohibited, then it will be impossible to clearly legitimize such a building, and therefore registration of such housing will be denied.

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Is it possible to register in an unfinished house? Many people who are building a house are wondering whether it is possible to register in an unfinished private house.

The fact is that registration is possible in those premises that are intended for living; an unfinished house can hardly be called such. Accordingly, in order to register in a house, it must be put into operation.

A special commission is invited to check the completion of construction work and the suitability of the property for habitation, which makes its conclusion. If the house is built in accordance with all the norms and requirements of the law, the owner is issued an act of putting the facility into operation.

This document will need to be submitted to the FMS for registration. Deadlines Registration at the place of residence is carried out within three days from the date of receipt of documents.

Source: https://lcbg.ru/esli-dom-ne-oformlen-v-sobstvennost-mozhno-li-propisatsya/

How to register at a dacha according to the new law in 2019

The usual opinion of any Russian about the concept of “dacha” is this: a seasonal type of housing. Although initially this word meant “granted as a gift,” that is, plots of land (estates, houses, mansions) were given by Russian emperors to their courtiers for any outstanding services, which were called “dachas.” In the USSR, dachas were an indicator of prestige: the concept of a “professor’s dacha” carried a certain status of prosperity. For ordinary citizens, this was six acres of land with a small house and the opportunity to grow their own two dozen organic vegetables or fruits.

In 2013, in connection with the adoption of the bill on registration at dachas, the term “individual residential building” was introduced into Russian legislation. This is a detached house with no more than three floors, inhabited by only one family. To register there, the law requires that the following conditions be met:

We recommend reading: How to deregister at your place of residence without personal presence

Is it possible to simply check out of the apartment and not register anywhere?

Deregistration at a permanent address occurs in the following cases (Article 7 of Law 5342-1)

  • change of place of residence (moving to another area, selling an apartment and registration at a different address, etc.) - an application for registration in another home is submitted and the previous registration is automatically canceled;
  • by a court decision in connection with the recognition of a citizen as missing, eviction from housing, in the event of loss of the right to use it, as well as in the discovery of information and documents by which it was impossible to register the citizen at the specified address;
  • identifying the fact of fictitious registration;
  • death of a citizen or recognition of him as dead in court.

When selling an apartment, it is possible to deregister and not have registration for some time.

The law obliges: register in newly acquired housing within 7 days from the date of receipt of the ownership document, or in temporary housing if you live there for more than three months.

If a person intends to live without registration, he will pay a fine. In addition, lack of registration entails the following inconveniences:

  • it is impossible to register for unemployment or to improve housing conditions;
  • difficulties in attaching to a clinic;
  • possible refusal of employment;
  • the credit institution will refuse to issue a loan;
  • difficulties in obtaining a place for a child in a preschool institution, etc.

PRO new building 7 (499) 703-51-68 (Moscow)

  1. Sign out from your previous residential address.
  2. Collect the required package of documents.
  3. Submit them to the appropriate service of your choice and write a statement. If minor citizens under 14 years of age are registered, the procedure is carried out by their parents or legal representatives.
  4. Pick up your passport with the registration stamp.
  • Tenant's identity card;
  • Statement from the landlord regarding his approval of the tenant's registration;
  • Lease agreement or other document representing the right of residence;
  • Application on a completed form;
  • Papers confirming the landlord's authority to own the living space.

Is it possible to register at your dacha in SNT and what is needed for this?

  1. The tenant is discharged from the previous place of residence and receives a departure certificate. Together with the owner, it is necessary to visit the body dealing with these issues - the Federal Migration Service at the location of the dacha.
  2. You will need passports of the owner, the future tenant, and title documents (in case of permanent registration of the tenant).
  3. If the dacha is owned by several citizens, it is mandatory for each of them to be present at the FMS during the registration procedure and to obtain written consent to register the new resident.
  4. Permission is not required only if a child under 18 years of age is registered with his parents or one of them.
  • lighting complies with sanitary standards;
  • there is water supply and sewerage;
  • the size of the area per registered resident is not lower than the established norm (12 or more square meters depending on the region);
  • the temperature in the house is not lower than the standards established by GOST 30494–96, namely 18 degrees Celsius;
  • humidity should not exceed 60%;
  • SanPiN establishes maximum permissible values ​​for the level of vibration, noise, and air pollution inside residential buildings.

Is it possible to register in an unregistered house?

1 answer. Moscow Viewed 1325 times. Asked 2011-02-22 14:37:09 +0300 in the topic “Other questions” The house is owned by 3 people, is it possible to register the land or plot as ownership for one person? — The house is owned by 3 people, is it possible to register the land and plot as the property of one person? Further

We recommend reading: Are local governments authorized to issue citizens a certificate of family composition? Response from the State Duma Committee on Federal Structure and Local Self-Government Issues

How to register in a mortgaged apartment

There are no direct prohibitions on registration in a mortgaged apartment in the law. However, this issue is rather poorly covered by regulations at the federal level. This allows banks and some passport service employees to set increased requirements for registration in mortgage housing. For example, Moscow Government Decree No. 859-PP states that in order to register and move into a mortgaged apartment, in addition to the standard package of documents, the consent of the mortgagee is required.

The best way to avoid conflict situations with a credit institution is to carefully read the registration provisions offered by it. If you are categorically not satisfied with any of the points, you can try to find another lender with a more loyal approach to the issue of registration.

How to register in a private house: documents for registration

Despite the fact that it is not in the list of required documents published on the official FMS resource, most likely you will also need a house register. In addition, it is necessary to “check out” from your previous place of residence. For men liable for military service, this will entail the need to also register with the new military registration and enlistment office.

If in the first case it will be no more difficult to register in a part of a private house than in an apartment, then in the second case the consent of the co-owners is required for registration. You can only register your child without the consent of the other owner if you are already registered in this house.

How to register in a house that is not registered in the order of inheritance

Hello, our parents were given a house as a gift, but were not registered as the property, so we lived in it for more than 20 years, the grandfather, in whose name the property was registered, died a long time ago, my father checked out of it several years ago, and now he wants to register back, but he They are refusing registration due to an unregistered inheritance, my grandfather did not have a will, what should we do? Registration is urgently needed, my grandfather had 4 sons, the first by right of inheritance was my father, my grandmother also died.

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