Each of us faces the need to obtain a residence permit at least once in our lives. The concept of “registration” appeared in the 90s. However, the term “registration” is now more commonly used. What are the main benefits of registration? How can you register a person in an apartment? What nuances need to be taken into account?

What does registration give?

A citizen of the Russian Federation, when living in premises that belong to the housing stock, must be registered there. If a person is registered in an apartment, he can use the living space on an equal basis with the owner, within the framework of the agreement established between them, of course. Additional rights of a person registered in an apartment are as follows:

• the opportunity to receive free qualified medical care,
• obtaining a compulsory medical insurance policy,
• prospects for enrolling a minor in school, kindergarten,
• execution of loan agreements.

If the housing has not been privatized, a citizen may become a contender for ownership of this property. It is also important to remember that for living in residential premises without registration, a fine of up to 2,500 rubles is provided.

Types of registrations

Russian legislation has established two types of registration - permanent and temporary registration. Permanent is indefinite. But a temporary one is valid from 3 months to 3 years, and the procedure is not carried out at the place of permanent registration. Temporary registration is also issued to those Russians who are staying in hotels, sanatoriums and other legalized places of stay. The administration of these institutions is responsible for registering residents.

Permanent registration is a mark in the passport indicating the date and address of registration. If minors are registered, a corresponding paper registration certificate is issued. Temporary registration is issued only on paper.

How many people can be registered in the apartment?

The maximum number of people who can be registered in a residential premises is influenced by the following factors:

• living space parameters,
• legislative acts of a specific subject of the Federation,
• property type.

If consent for registration has been received from all its owners, an unlimited number of people can be registered. If the apartment is departmental, you must obtain permission from the organization that provided it. When the property is municipally owned, registration is carried out after receiving consent from the organization that provided it for residence. How many people can be registered in a municipal or departmental apartment? This issue is within the competence of organizations that provide housing.

What documents are required?

The following documents must be prepared for registration in an apartment:

1. Passport of the citizen who needs to be registered.
2. Application on a standard form.
3. Receipt for payment of state duty.
4. Original certificate of ownership of the property.
5. Written permission from other homeowners (if any).

In addition, you must fill out a registration permission form in the presence of a FMS specialist. If there are several apartment owners, they all need to fill out a permit. When the owner of a residential premises, for personal reasons, cannot personally participate in the registration procedure, he has the right to delegate such powers to his authorized representative. To do this, you must issue a notarized power of attorney.

It is also advisable to present to the migration service officer the departure slip that the citizen receives upon discharge from another place of residence. Is it possible to register a person in an apartment without a departure certificate? Of course yes. The FMS specialist makes a request to the territorial body of the service at the citizen’s previous registration address, after which he is automatically deregistered. When registering for registration, you should also take into account that if you deregister at your previous address and register at a new one, you must contact the appropriate services within a week.

Where to go?

According to the legislative norms of the Russian Federation, every Russian can independently choose a place of registration in any corner of our country. Where to go to register a person in an apartment? The following organizations deal with registration issues:

• housing and maintenance department of the management company (in other words, the passport office),
• multifunctional centers (MFC),
• territorial branches of the FMS.

The FMS assumes responsibility for registering citizens of the Russian Federation at their place of residence. Passport offices and MFCs only accept documents, and then send them to the FMS, after which they receive and return them. These organizations are designed to relieve the workload of the Federal Migration Service and simplify the registration process.

Registration period

You can register a person in an apartment quite quickly. At the migration service department, the procedure takes no more than 3 days. However, when contacting the MFC or passport office, the period can be extended to a maximum of a week. The process of withdrawal and registration is carried out simultaneously. Therefore, the day of discharge, as a rule, coincides with the date of registration at the new place of stay. All information about registered persons is entered into a single FMS database, which exists in both paper and electronic form. Documents submitted for registration are also stored at the migration service department.

If the apartment is privatized

If the housing is privatized, registration in the owner’s apartment can be done in two ways:

1. If third parties are registered, permission must be obtained from the owners. Permission from non-owner residents is not required.
2. If the owner himself is registered, no additional permits are required.

Registration in the apartment of the owner of third parties assumes that all property owners will make a visit to the Federal Migration Service or another authorized service. The presence of minor owners is not required. The documents can be transferred either by the person who registers the person, or by another owner with his consent or by his authorized representative. In such a situation, the person being registered independently submits documents for registration.

Registering parents in the apartment, as well as other relatives, will not be difficult. It is important to remember that living space standards are not taken into account in this case.

If the apartment is municipal

If the housing is municipal, then the person? The registration process is no different from the scheme described above. During registration, the presence of registered persons will be required, with the exception of minors. However, appearance is not required if such powers are transferred by proxy.

How to register a relative in a municipal apartment? It should be noted here that relatives are not subject to the rules for recording living space. Therefore, registering your wife, husband, parents, children and other close relatives will not be difficult.

But the registration process for non-relatives will be more complicated. To do this, you must obtain permission from the municipal authority and all persons registered in the apartment. In addition, living space accounting standards must be observed. The value of this norm is established individually in each region of the Russian Federation. The necessary information can be obtained from the settlement administration. It is important to remember that registration will be denied if the norm is not met. When calculating it, the total area of ​​the apartment and the number of actually registered persons are taken into account.

How to register a minor in an apartment?

To register a child under 18 years of age in an apartment, you need to take into account several nuances. When registering a minor, you do not need to obtain appropriate written permission from the property owners. Each child can be registered in the apartment where his parents or legal representatives or one of them are registered.

In addition, the registration procedure will require additional documents:

• child's birth certificate,
• written consent from the second parent or legal representative for registration,
• certificate of registration from the second parent, if they are registered in different places with the first.

Is it possible to register a person without his presence?

According to Russian laws, it is not allowed to register or deregister people without their personal presence. However, in practice this is possible when, due to certain circumstances, a citizen cannot be present during the registration procedure.

The procedure in this situation will take place according to the following scheme:

1. The person being registered draws up a notarized power of attorney on his own behalf. The authorized person must be legally capable, of age and speak Russian. At the notary, the owner of the apartment fills out all the necessary forms. His authorized representative signs the application. All adult property owners must be present when signing the power of attorney.
2. An application form No. 6 is written at the FMS office or another authorized service. All papers are signed and filled out by an authorized person. The power of attorney is granted to the service specialist. The documents for registration in an apartment are the same as in the general case.

After submitting documents for registration, the registrar will inform you about the deadline for the registration to be ready. An authorized person can also pick up your passport.

How to obtain temporary registration?

The process of obtaining temporary registration generally does not differ from the algorithm described above. Temporary registration is most often issued when renting out an apartment. To obtain it, the registered citizen and the owner of the apartment apply to the passport office together. The registration will be valid for the period specified in it, and there is no need to remove the citizen’s documents from the register after expiration. A lease agreement will be required as an additional document. For temporary registration, each owner fills out a special application form.

Thus, the process of registering a person in an apartment is quite simple and straightforward. To do this, you need to collect the necessary documents and submit them to the Federal Migration Service, passport office or MFC. To avoid problems with document preparation, you must carefully fill out all forms and follow the recommendations of a specialist from the relevant service. The registration period usually takes no more than a week.

All persons located on the territory of the Russian Federation, in accordance with the civil legislation of the country, are required to carry out temporary registration at their actual place of residence if the period of stay at the new place of residence is more than three months, but is not permanent.

Temporary registration - what is it?

Temporary registration is a procedure for officially assigning a person to his place of residence, which is not his main place, that is, at his place of stay.

Registration takes place at the passport office by entering information about the new resident into the house register by a service employee.

The corresponding application must be submitted no later than three days from the expiration of the three-month period of residence without temporary registration.

To register you must submit:

1. Completed Form 6 (to be completed by the owner of the residential premises and the temporary resident);
2. If there are other owners, their consent to registration is in writing;
3. In case of registration in municipal housing, an extract from the home register;
4. Document from the owner on the basis of use of the residential premises;
5. When registering for municipal housing, the consent of all registered persons is prior.

What does temporary registration provide?

Thanks to official registration at the actual place of residence, a person receives the right to:

1. Be officially employed;
2. Receive medical care free of charge, both for yourself and your child (if you have one);
3. Enroll your child in a preschool educational institution or a general educational institution;
4. Receiving government services provided in accordance with the place of residence (replacing a passport, obtaining a foreign document).

What rights does a temporarily registered resident have?

By registering temporarily at your actual residence address, you receive the following rights:

1. The right to be present and live at the place of registration;
2. The right to register a temporarily minor child or children without the consent of the owner;
3. Use all types of utilities;
4. Use the opportunity to receive benefits and various types of opportunities.

Rights and obligations of the owner

The owner who provides his housing for temporary registration of a person in it is obliged to:

The rights of the homeowner are specified in civil legislation and the housing code.

Based on the acts, the owner has the right:

• Right of ownership of the premises;
• Right to use the premises;
• The right to dispose of real estate;
• The right to transfer residential premises on the basis of a lease agreement to individuals and legal entities;
• The right to transfer real estate for free use.

Pros and cons of temporary registration

What does temporary registration affect, and what are the pros and cons of this type of registration?

The undoubted positive aspects of obtaining temporary registration are:

1. Its fast execution;
2. Provides the opportunity for official employment;
3. It is the basis for reducing utility bills at the place of permanent registration.

Temporary registration also has its disadvantages, unlike permanent registration:

1. Inability to obtain an insurance policy if a person temporarily registered is not officially employed;
2. Inability to obtain a mortgage loan;
3. Lack of receipt of the entire list of government services.

Pros for homeowners

For a homeowner, the advantage of temporarily registering a person is the avoidance of negative consequences from the tax service.

In the case of concluding a lease agreement, which is the basis for the owner’s temporary registration of a person, the owner is obliged to pay income tax. In case of non-compliance, the tax service has the right to impose penalties.

Disadvantages for a homeowner

What is the danger for the owner of temporary registration in his apartment?

Registration of the owner in his apartment threatens with the following:

1. The size of utility bills will increase;
2. The registered person will have the opportunity to register a minor child;
3. If permanent registration is carried out instead of temporary, the owner will not be able to deregister the person without going to court.

Is it possible to temporarily register a child without the knowledge of the owner of the property?

The parents of a minor are required to register him if the child lives in a region where he is not permanently registered.

In accordance with clause 29 of the Decree of the Government of the Russian Federation No. 713, registration of children until they reach 14 years of age is carried out at the request of parents, guardians, and trustees. Consent from the property owner is not required.

Registration of a minor child - consequences

The consequences of registering a minor are:

1. Extension of the period of registration of parents;
2. Refusal of voluntary eviction and deregistration at the end of registration in the absence of a place of permanent registration;
3. Reducing the purchase price in case of selling an apartment.

Sale of housing with temporary registration

The law allows the sale of real estate with a registered person on a general basis.

As a rule, in such a sale, the seller will have to significantly reduce the cost of the residential property, since buyers try not to participate in transactions that may be followed by litigation.

During the sale of an apartment, you can determine the procedure for using the residential premises by a person temporarily residing in the premises. Also, the new owner has the right to use judicial assistance in case of forced eviction of a person.

Can a temporarily registered person encroach on property?

Contrary to the general belief that a person with temporary registration has the right to claim property, I would like to note that this is not the case.

By registering a person, the owner only assigns him to a specific address for registration by government agencies.

Temporary registration does not affect ownership in any way.

Registration of a foreign citizen in your apartment - is it dangerous?

In accordance with the country's migration policy, foreign citizens arriving in the Russian Federation are required to register with the authority that carries out migration control within seven days from the date of arrival.

Registration of a foreign citizen must be carried out by the receiving party.

To register a foreigner in an apartment, the following documents are submitted:

1. Application form;
2. Copy of the passport;
3. Migration card with the date of border crossing.

Temporary registration of a foreign citizen is considered illegal if:

• The residential premises have been seized;
• The residential premises are subject to collateral;
• The residential premises are the subject of litigation;
• Residential premises are subject to release at the request of government authorities;
• The certificates that form the basis of the right to use the premises were declared invalid by the court.

When registering a foreigner in his home, the owner bears the following risk: giving him the right to register a child at the same residential address. The legal consequences of this registration are the possible eviction of the foreigner through the courts.

How temporary registration affects rent

One of the consequences of registering a new person for living space is a subsequent increase in rent.

If the owner of the premises has installed metering devices in the apartment, then the increase in rent will occur as a result of an increase in the number of people using utilities in the apartment.

If metering devices are not installed, then the increase will be achieved by adding the number of registered people to the payment receipt. The following utilities depend on the number of registered persons:

1. Heating;
2. Water supply;
3. Electricity supply;
4. Major repairs;
5. Garbage removal services.

Conflict situations, how to resolve?

When registering a person for temporary registration in his apartment, the owner may face various legal situations:

1. Registration of a child in the premises without the knowledge of the owner. What are the dangers of such a situation?

The pitfall of such registration is:

• extension of the registration period for parents without the consent of the owner;
• refusal of voluntary eviction in the absence of a place of permanent registration. In order to avoid such a situation, the owner is recommended to clarify in advance the presence of children with persons applying for registration on a non-permanent basis. This situation should also be controlled by setting out in detail the deadlines for registration of citizens in the contract, as well as in the application. In this case, the owner is recommended to be present during the submission of documents and registration of the person;

1. Damage to property by tenant. To resolve this situation, the rights and obligations of a person to use the property in the contract should also be described in detail. The inclusion of the obligation to pay compensation for damage to property is approved.
2. Increasing the rent for an apartment. A situation may arise when a person registered temporarily refuses or does not make payments for the services he/she uses on time. To resolve such a conflict, it is also recommended that the contract establish a minimum amount that a person is obliged to pay for the services used.

Possible grounds for forced eviction

Forced eviction of a tenant registered at the actual place of residence is permitted by law in the following cases:

• The tenant has not lived at the registered address for more than six months;
• The tenant does not pay utility bills;
• The tenant commits violations of public order and has received complaints from residents;
• The tenant damages the owner's property.

Forced eviction is carried out by a court decision.

How much can an owner take out the right of temporary registration and how much does temporary registration cost?

The state does not provide for the payment of state duty when registering temporary registration. This provision applies to residents of the Russian Federation.

In case of temporary registration of a foreign citizen for a period of one year, he is obliged to pay a state fee, the amount of which is 350 rubles.

In big cities, there are companies that are willing to register residential space for a fee.

So, how much do they charge for temporary registration?

The cost of registration depends on the region in which the person wants to register. So in Moscow, the amount of this service can reach up to 60,000 rubles.

For the regions of the southern part of our country, prices are set that reach 80,000 rubles.

Those wishing to register in Saratov, Samara and other cities in the central part of the country will need to prepare up to 20,000 rubles.

Temporary registration is an obligation, the observance of which lies not only with the person who has not changed his place of residence, but also with the owner of the property. All conditions for carrying out this procedure must be agreed upon in advance between the parties, so that there are no negative consequences for both the owner and the temporary tenant.

According to Russian legislation, every person is required to obtain temporary registration if he lives for more than 90 days at a place other than his permanent residence. In this article we will talk about how you can issue temporary registration for a relative, friend or just an acquaintance if for some reason they have changed their place of residence and have not yet acquired a new home.

Where to contact?

With a similar question, you can contact the multifunctional center, or the Department for Migration Issues of the Ministry of Internal Affairs of Russia (Department of the Federal Migration Service of Russia) at the place of residence of the owner of residential real estate. Temporary registration can also be completed using the State Services portal and this is the most convenient and fastest way.

A package of documents must be provided not only to the applicant, but also to the owner of the property. So, the papers that the apartment owner must present:

• an application in a specially established form;
• passport of a citizen of the Russian Federation;
• written consent for the applicant’s temporary residence;
• home Book;
• document confirming ownership of residential property.

A person who wants to apply for temporary registration must provide an identification document (passport), as well as a written statement about the desire to register at a specific address.

When obtaining temporary registration, no state fee is charged, and you do not need to be discharged from your permanent place of residence.

It will take three to seven days to receive the appropriate passport insert. Temporary registration is valid from six months to five years and is canceled automatically upon expiration.

You can also temporarily register your personal car according to the received temporary registration certificate. It will be valid for the entire period of validity of the temporary registration certificate.

After checking all the necessary documents by the authorized body, the citizen is issued a special insert (certificate), which is an official document confirming the legality of the temporary registration.

What rights does temporary registration provide?

Failure to complete temporary registration in a timely manner, in accordance with current legislation, entails an administrative fine, so it is still important to register on time. Temporary registration is necessary so that a person newly arrived at a new place of residence can enjoy all social rights.

Registration allows you to:

• get an official permanent job;
• enroll the child in a general education or preschool institution;
• use the services of municipal medical institutions;
• receive social and preferential benefits;
• apply for a loan from any bank.

Temporary registration of a tenant: features

If a temporary registration is issued, the apartment owner does not have to worry that a tenant will be able to claim his housing in the future. The tenant has the right only to temporary residence and temporary registration does not give him any additional rights to the apartment. In turn, the owner of the apartment does not have the right to evict the tenant before the validity period of the temporary registration.

Only the owner of the apartment can give consent to obtain a temporary registration.

To obtain temporary registration, a housing tenant must:

• appear with the owner of the property (or issue a notarized power of attorney to the person who represents the interests of the owner of the apartment);
• provide an apartment rental agreement;
• submit a written statement from both parties;
• the owner of residential property must present documents confirming ownership;
• provide a passport to both the apartment owner and the tenant.

A tenant who has received the right to temporary residence is obliged to maintain public order, use the residential premises strictly for their intended purpose and ensure the safety of property. If the rules are not followed, the apartment owner has the right to evict the tenant before the temporary registration period.

Temporary registration of minors

A person who has temporarily changed his place of residence must register not only for himself, but also for his children. This procedure, as noted earlier, gives the right to use medical services, receive benefits, as well as register the child in a preschool or general education institution.

To obtain temporary registration, the child’s parents need to submit an application on their own behalf and attach the following package of documents to it:

• birth certificate;
• passport of a minor citizen of the Russian Federation or foreign passport, if available;
• document confirming the applicants' residence at the specified address.

All necessary documents will be prepared by employees of the migration department within three days. Minor children can stay without temporary registration only for 90 days.

After this period, it is necessary to register the child otherwise his parents, and also a large administrative fine may be imposed on the owner of the apartment.

Temporary registration without human presence: is it possible?

The process of obtaining temporary registration requires a certain amount of free time, but a person does not always have the opportunity to appear in person at the authorized body. This may be due to health problems, work activity, business trips, etc. In this case, a necessary condition for obtaining temporary registration is a notarized power of attorney and a document confirming a valid reason for absence during registration.

It is best to draw up a power of attorney according to the sample provided by the Federal Migration Service, this will avoid further misunderstandings.

There is a situation when the owner of residential property does not have the opportunity to personally be present at the Ministry of Internal Affairs and write consent for the temporary residence of the applicant. In this case, the apartment owner should notarize the written application and send it by mail.

Passing temporary registration is not as difficult as it seems at first glance. It is important to understand the sequence of actions and know what documents are needed. We hope that our article will help you easily, and most importantly, in the shortest possible time, obtain a certificate of temporary registration.

During the Soviet era, registration of citizens was carried out through registration. Much has changed since then; now it is in force in the Russian Federation, but people, out of ingrained habit, continue to call it registration.

A citizen of the Russian Federation living at an address different from his permanent registration address for more than ninety days obliged to register at the place of location.

The same applies to foreigners; they must apply for temporary registration no later than the eleventh day of their residence.

But what can the owner of a home face if a person temporarily registers there?

Registration of tenants by owner

Any property owner has the right to register someone with him for a certain period of time, that is.

At the same time, you should know that if the property is jointly owned(common property of the spouses), then the other owner can protest the registration in court or the Federal Migration Service.

To register a resident at the place of stay with shared ownership, the consent of other owners is not required if the share has been officially allocated.

When registering a stranger in his living space, the owner must foresee that if the latter can register them at his place of registration without the consent of the resident.

To protect yourself, it is worth concluding with the possibility of early termination to prevent problems with the alienation of real estate, since minor children may be registered.

What does this give to the tenant?

Temporary registration at the place of residence is issued for the period specified in the agreement with the owner of the apartment.

In the absence of this, temporary registration is issued by the FMS for a period from six to twelve months. After this time, registration ends.

Temporary registration confirms the legality of a citizen’s residence in a certain territory.

A citizen of the Russian Federation has a temporary residence permit, which gives him the opportunity to find a job, enroll his child in school or kindergarten, register with a medical institution and complete all matters requiring registration.

The expiration of the registration period does not mean that the temporary resident will be fired or denied service in various organizations.

Can a tenant claim the owner's living space?

A temporary resident has the following rights:

• live in a certain living space for a specified period of time;
• without the consent of the apartment owner and require their registration in the future.

Nothing else Temporary registration does not give you the right to the living space itself.

Registration of Russian citizens at their place of residence is carried out on the basis of either an application from the owner. In this case, the period for providing registration must be indicated, after which it will be automatically canceled.

In addition to his children, a temporary tenant does not have the right to register anyone else without the consent of the owner.

The owner of the property has the right to terminate the rental agreement at any time.

In Art. 80 of the RF Housing Code states that the temporary tenant is obliged to vacate the living space upon completion of the period, agreed with the owner. And in the absence of such approval, no later than seven days from the date of receipt of the relevant notification from the owner of the apartment.

At the same time, he cannot make absolutely no claims against the owner.

Ownership of living space can be obtained only on the basis of, or another transaction related to the alienation of property; temporary registration is not included in this list.

What real inconvenience can a temporarily registered tenant cause to the owner?

The owner of a residential premises has the right to register any person for an indefinite number of times, both on a temporary basis and on a permanent basis. Anyway his property rights are strictly protected by law.

However, there are certain risks for the homeowner:

• increase ;
• the risk of controversial issues requiring resolution in court;
• increased legal liability to third parties.

When a new tenant is temporarily registered, the owner automatically utility bills increase, if they are calculated on a per-tenant basis.

Accommodation of a tenant on a paid basis requires inclusion of the cost in the payment amount. Such an inconvenience may not arise if utility bills are paid according to meter readings.

If a temporary resident, he may demand an extension of his registration or a new registration; if the owner refuses, he has the right to demand fulfillment of this requirement through the court.

To challenge the temporary registration of someone else's child in court, you will need to provide a considerable amount of evidence.

Controversies may arise as a result property damage. If a temporary tenant accidentally damages some of the owner’s things, it will be very difficult to prove their damage.

To resolve the problem in court, strong evidence will be required. Therefore, it is recommended to draw up a property inventory report certified by the temporary resident and the owner.

By agreeing to the temporary registration of a new tenant, the owner assumes civil liability to other persons.

If a temporary tenant causes damage to the property of neighbors, they have the right to demand compensation for losses from the owner of the property, who, among other things, may incur administrative liability.

Lawyers advise homeowners to register civil liability insurance contract and include the cost of insurance in the rental price.

Fine to owner for refusal to register

Temporary registration, by definition, ends after a certain period of time.

If the owner continues to provide his living space for living, but refuses to renew the registration, he may in the amount of 2500 rubles.

If the registration was not renewed due to the fault of the owner, then he is obliged to pay the specified amount. If the tenant refuses to present the documents necessary for registration and the owner contacts the migration authorities in time, the fine will be imposed on the tenant.

Responsibility for fictitious registration

The owner also bears administrative responsibility for the unlawful behavior of a tenant registered in his living space.

So, if the owner does not promptly notify the migration authorities about the residence of a foreign citizen in his living space, he may be fined.

A fine of 5,000 rubles There is also a situation where a temporarily registered tenant actually lives in another place.

Registration of citizens of other states implies the following responsibility for the owner:

An important point is fictitious registration. In 2013-2014, the Russian government took a number of measures to prevent this phenomenon, when up to several dozen people are registered in one apartment.

According to the adopted amendments, administrative liability in this case arises for both the owner of the property and the temporary tenant.

Fictitious registration is defined as:

• registration based on false documents or information;
• registration at a specific address with actual residence in another place;

A “false” registration threatens the owner with a significant fine of one hundred to five hundred thousand rubles. Or he may be sentenced to forced labor. In some cases, even imprisonment for up to three years is possible.

Video: Punishment for illegal registration at place of residence has been tightened

The video talks about the latest changes to the legislation on registration of citizens.

The measures are primarily aimed at combating the so-called “rubber apartments” - criminal liability for fictitious registration has been introduced for the first time, and the amount of fines for living without registration or at a location other than the place of registration has been significantly increased.