The nuances of registering in a new building: when can you register and how to do it?

Differences between the previous “registration” and registration at the place of residence

At the moment, “registration” does not give its owner any rights in relation to real estate (except for the right to use for a specified period)

.
If previously a person who was registered in an apartment but did not have property rights could not be discharged “to nowhere” (only to a new place of residence)
, thus depriving him of the right to continue to use the housing, now the owner can do this completely calmly.

Registration of the new owner at the place of residence is only a consequence of his rights to the apartment, and also a consequence of his desire to register himself or someone else on his territory.

However, according to the law, every citizen of the Russian Federation must obtain state registration at the place of residence (or stay)

. In other words, the state needs to know where this or that citizen lives, because this is precisely why registration was introduced.

Previously, registration combined two functions - it provided government services with information about where a particular citizen lives, as well as information about who owns the property.

Now registration only allows you to maintain internal migration records - this is done by the Ministry of Internal Affairs (which recently included the specialized structure of the Federal Migration Service)

, and information regarding property rights is collected separately, this is done by Rosreestr.

Details

Legislation encourages citizens to provide information about their residence or stay to government agencies through certain restrictions. For example, you can buy a car without registration, but you won’t be able to register it; it’s also very difficult to get a bank loan without registration. Certain difficulties arise when using social infrastructure - it will not be possible to register a child in a kindergarten or school, register with the nearest clinic, etc.

List of documentation

To register in a new apartment, a citizen will need a package of documents.

In accordance with the regulatory legal acts of the Russian Federation, the authorized body must provide:

• act of acceptance and transfer of real estate;
• cadastral plan of residential premises;
• original owner's passport.

The passport will be temporarily seized by a FMS employee to indicate the necessary registration information. In return, the citizen will receive a temporary document replacing an identity card.

What documents are needed for registration in a new building depends on the specific situation. For example, when purchasing with a mortgage, in addition to the above papers, a loan agreement is required.

If the owner of an apartment or a share in it is a child under the age of 18, written permission from the guardianship authorities will be required.

The housing acceptance certificate is issued by the construction company. Its representative will assign the place and time of the meeting to the person who bought the apartment. During this, the parties will inspect the premises. If there are no questions, the developer will provide the citizen with the necessary act.

To obtain a cadastral passport, you need to contact the BTI. A mandatory appendix to it is a plan or explication. If it is missing, the passport is considered incomplete.

Availability of certificate

Permanent registration cannot always be obtained immediately. Sometimes temporary registration is necessary, which is drawn up according to Form No. 3. Its absence carries administrative penalties.

The document in A5 format is an attachment to the identity card. The paper has an identification number entered into the migration service database.

Form No. 3 includes the following information:

• Full name of the registered citizen;
• Date and place of birth;
• the address at which the person is registered;
• validity period of the document.

The certificate reflects the citizen's passport number. When filling out paperwork for a child, the data from the birth document is entered into it. Form No. 3 is signed by a FMS employee, and a transcript and stamp of the territorial department is also affixed.

Do I need to register at all?

The law allows a citizen of the Russian Federation to live without registration for no more than three months, if circumstances have developed in such a way that, for example, it is necessary to stay in another city longer, it is necessary to obtain temporary registration there (at the place of stay)

.

If a person “checked out” from the apartment where he lived (received a “departure certificate”)

, then he must register in a new place within seven days.
Or make a temporary registration if he moved, for example, to a rented apartment (if his property was sold and there is no new housing at the moment)
.

Procedure

If desired, you can register other family members. You just need to add supporting documents. The procedure here is as follows:

• collection of a complete package of documents;
• writing a statement of the established form;
• submission of documentation to the authorized body;
• waiting for a decision on the application;
• obtaining a certificate or stamp depending on the type of registration.

The deadlines for registration in a new building are not determined by current legislation. If a person already has a permanent residence permit, then he has the right not to register in this area. This is especially true for landlords. In this case, there is no need to pay utilities.

Many people want to know what documents are needed for registration in a new building in 2021. Registration in a new building is a rather complicated issue. Housing allows you to do this if the apartment is not defined as a “Premises” status. That is, it will not be possible to register in a non-residential premises.

To register you will need:

• applicant's passport;
• application of the established form;
• act of commissioning a new building;
• a certificate confirming participation in shared construction;
• written permission from the developer for residence.

This is valid for temporary registration. And for a permanent one you will need:

• application of the established form;
• permission to commission;
• title documents;
• apartment acceptance certificate;
• documents confirming participation in shared construction;
• check for payment of state duty;
• floor plan and passports.

Transfer and Acceptance Certificate

This document is required upon registration. It is issued by the developer. That is why the execution of the document should be treated with special care. After all, it has a set form. A person writes by hand that he is satisfied with the apartment and the quality.

The document is drawn up only after inspection of the property.

Read,

why do you need temporary registration?

.

If there is no registration in the passport, what is the fine? Information here.

What rights does registration at the place of residence give? Details in this article.

Attention!

• Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
• All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

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Is it necessary for the owner to register in a new building?

What to do if, at the time of purchasing real estate from a developer, a citizen already has an apartment in which he is registered, because he can only register in one place?

It all depends on where the citizen lives (or plans to live, stay)

in fact, administrative penalties are already provided for “fictitious registration”
(this issue will be discussed in more detail below)
.

• If, for example, you bought an apartment in the same city or region (in the same subject of the Russian Federation)

  , where you currently live, and for some reason do not want to change your “registration”, then it is not necessary to do so.

• If housing is purchased in another subject of the Russian Federation, but you do not intend to live there, there is also no need to register in the purchased apartment.
• But if the purchased apartment is located in another city, and you are going to live there, then registering there is simply necessary.

The act of acceptance and transfer. What you need to know when signing

Until the shareholder has signed the acceptance certificate, he will not be given the keys to the apartment. It will not be possible to begin the repair or registration process.

Important! Check the quality of the property before signing documents. Subsequently, it will be necessary to prove that the housing is not suitable for use through the courts.

It is better to come to inspect the apartment during the day. Don't have your own experience in this matter? It wouldn't hurt to have the support of a professional builder. Ideally, the area is re-measured. Do not forget that the amount of property tax will depend on this parameter in the future.

Doors and window units, the strength of partitions, and their compliance with the plan are checked. If the contract provides for finishing, rough or final repairs, upon acceptance the quality of wallpapering or laminate installation is examined.

If the deficiencies are significant, the act cannot be signed. Problems that are not considered critical are indicated in a separate protocol appendix to the act. Otherwise, in the future it will not be possible to prove that there were deficiencies at all. The protocol is an argument in legal disputes with the developer.

The transfer acceptance certificate is drawn up in 3 (three) identical copies. One remains with the developer, one with the buyer. The third is for the registration chamber.

Important! The act should indicate not an abstract, but a specific apartment (address, area, floor, etc.).

Additional details of the act - information on how payment will be made if the money is not paid in full. If the calculations are completed, a corresponding mark is made.

Recommended article: Is a military mortgage divided between spouses in a divorce?

If the buyer, for various reasons, avoids inspecting the apartment and signing the acceptance certificate for 2 months or more, the developer has the right to draw up the document independently. The act will be considered signed. The developer may not consider claims submitted later.

Instruction for the borrower on registering housing in a new building purchased with a mortgage.pdf

Obstacles to registration

• It is possible to obtain registration in a new building only if the rights to the property have already been registered, otherwise it is impossible to do this.

Considering the fact that developers often delay the commissioning of a property, shareholders have to wait for this moment, and only then formalize the right to property, and then registration. Until all procedures related to putting a residential building into operation are completed, the building itself and all apartments do not have the status of residential real estate; accordingly, from the point of view of legislation, it is impossible to live there, and therefore it is impossible to “register”.

• Another obstacle faced by those wishing to register in new housing is the lack of an extract from their previous place of residence.

The procedure for deregistration involves submitting an appropriate application at the place of registration and receiving a document confirming deregistration (the citizen receives a “departure certificate”)

However, there is an easier way to prepare the necessary document.

If you plan to register in another city, then it is not necessary to go there to submit an application for an extract - it is enough to submit it simultaneously with the application for registration in the place where you are going to register. At the same time, this method has its own nuances: if according to the regulations, registration at a new place of residence is required within eight working days from the date of filing the application, then in the absence of an extract document this period can extend for an arbitrary period of time.

When can I register in a new building?

Article 6 of the Law of the Russian Federation of June 25, 1993 No. 5242-1 defines a list of documents that are necessary for registration at the place of residence . These also include a document of ownership, giving the right to move into the apartment. But such a document can be issued after the house is put into operation.

The law gives a clear definition of residential premises, which, according to Article 15 of the Housing Code of the Russian Federation, is recognized as an object:

• isolated from the rest;
• being real estate;
• fit to live in it;
• meeting the requirements of technical and sanitary rules and regulations.

It will be possible to register in a new building only after it has been put into operation. The confirmation will be an act issued by the technical supervision authorities.

Registration before registration of ownership

It is impossible to register in a new building until a number of papers (transfer deed, technical passport, etc.) are completed and the shareholder takes ownership. Even if the house has already been commissioned and has passed the inspection of the commission, in the absence of title documents for real estate in the apartment, it is impossible to register , because There is no legal confirmation of rights to this housing.

What to do if the developer delays delivery of the house?

In practice, people often encounter an unscrupulous developer who does not meet deadlines for the completion of the project. Without the appropriate act, a person will be denied permanent registration, since this requires moving into an apartment suitable for living and further steps to register it.

In such cases , you should contact the developer with a written claim , which is accompanied by a calculation of the penalty for failure to deliver the house on time. If compensation continues to be delayed or denied, it is necessary to file a consumer protection claim in court.

Registration of owner

After registering ownership of an apartment, its owner can register himself, his family members, as well as anyone he wants, at his address, regardless of whether those who want to are related to him or are strangers. The procedure for “registration” involves submission to the passport office (or the nearest MFC)

the following documents:

• Application for registration;
• Identity document (legally recognized as such – passport of a citizen of the Russian Federation, driver’s license, etc.)

  ;

• Document on ownership of housing;
• Departure sheet (optional, but recommended)

  .

The passport office employee is obliged to check the paperwork, and if everything is completed properly, set a date when the homeowner can appear to receive a supporting document and affix the appropriate stamp in the passport. If there are obstacles to registration, the owner receives a refusal - a written document stating the reasons for the refusal.

Certificate of registration in a new building

It is not always possible to obtain permanent registration immediately. In some cases, temporary registration may be required. The document is drawn up according to form No. 3. Lack of paper is punishable by an administrative fine. The paper is in A5 format and is attached to the ID card. The document has an individual number, which is entered into the FMS database.

Form No. 3 contains the following information:

• Full name of the person for whom the registration is issued;
• date of birth of a person and place of his birth;
• place of residence;
• registration validity period.

The registration certificate records the citizen's passport number. If the paper is issued for a child, data from the Birth Certificate is entered into it. The document must necessarily contain the signature of a migration service employee and its transcript. The document is sealed with the seal of the territorial branch of the FMS.

Registration of family members and third parties

To register family members, as well as third parties, the package of documents submitted to the passport office is supplemented with the following papers:

• Statement;

• Passports of everyone for whom registration is being made, as well as the owner of the property;
• Agreement (in a written form)

  owner for registration of the persons specified in the application
  (except for co-owners)
  ;

• Agreement (in a written form)

  all persons currently permanently registered at the address.

Instructions 2021

Every citizen who wishes to register in a new apartment must follow the procedure established by law:

1. Visit the Rosreestr branch and fill out an application requesting registration. A copy of your passport and a real estate purchase agreement must be attached to the paper. There is a state fee for the procedure, which must be paid in advance.
2. Take the set of papers to the passport office. If there is no such body in the housing organization, then the documents are submitted to the FMS.
3. Sometimes the purchaser of new real estate does not have official registration at the previous place of residence. In this case, you must issue a special coupon and attach it to the list of papers. The authorized organization will consider this issue.

After completing all steps, the procedure is considered complete. In this case, registration in the new building with ownership rights will be obtained.

Registration of third parties without the participation of the owner

There is also the opportunity to register in an apartment without the personal presence of the owner, which is very convenient in cases where the latter, for example, is in another country, undergoing treatment or, due to various circumstances, cannot be present in person. An applicant wishing to be registered submits the following documents to the passport office:

• Application for registration;
• Passport (other identification document)

  ;

• Copy of owner's passport (notarized)

  ;

• Owner's consent (in writing, notarized)

  ;

• Departure sheet (optional)

  .

Number of people registered in the apartment and fictitious registration

It should be noted that applications for registration of persons who are not members of the owner’s family arouse increased interest on the part of government authorities and this is due to the provision of the law on fictitious registration. Registration for selfish purposes on the part of the owner or registration without the intention of living at the address specified in the application entails administrative liability (fine, in some cases - imprisonment)

.
Moreover, punishment is provided for both the owner and those who register in his living space.

Suspicions among employees of the structure of the Ministry of Internal Affairs dealing with issues of migration control and registration may arise if the number registered exceeds the social standard (one person per 6 sq.m. of housing area)

. However, this does not mean at all that the legislation in any way restricts the owner in his right to dispose of his own real estate.

Theoretically, it is possible to register an unlimited number of people in a new building, even exceeding social standards is allowed. But in this case, all registered persons and the owner will have to prove that each of those registered (including the owner)

actually lives in the living space indicated in the documents. If you fail to do this, punishment cannot be avoided.

Igor Vasilenko

How to register with ownership?

The registration rules are established by PP N 713 of 1995. In order to register as the owner of an apartment in a new building, you will need to perform a number of actions. These include:

1. Receiving a certificate of commissioning of the facility from the developer.
2. Applying to Rosreestr to register your right to housing.
3. Preparation of a standard package of documents.
4. Appeal to the territorial body of the Ministry of Internal Affairs. Documents can be sent not only directly, but also through the MFC. It is also possible to register for a queue through the State Services portal.

After completing all these steps, the person will be given a certificate, and a note with the appropriate content will be added to the passport.

Additional documents

Due to the nature of new housing, additional information may be required . These include the apartment acceptance certificate and the registration certificate of the premises. The main list of securities is specified in Article 6 of the Law of the Russian Federation of June 25, 1993, No. 5242-1.

Deadlines

The period for registering new housing is usually from 3 to 8 days, from the moment the necessary documents are received by the territorial body of the Ministry of Internal Affairs. When submitting in person, the deadline is reduced to 3 days. When such an issue is handled by an authorized intermediary responsible for registration, for example, a passport officer, the period will be 6 calendar days. The time it takes to complete the procedure also depends on the completeness of the collected package of documents.

For example, a person may not submit some papers, then the procedure will be delayed. In this case, the registration period will be eight or more days, depending on when the package of papers is completed.

If you do not provide an extract from the Unified State Register of Real Estate, but only indicate its details, registration in the new building will also take 8 days.