If the documentation allows the use of the property as a hotel-type premises, then you will be able to obtain temporary registration in it.

If the purpose of the entire building is only industrial, then it is better to refuse to purchase such premises, as there is a high probability of becoming the owner of real estate without the right to registration.

Is it possible

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Video: registration at the place of stay for migrants

It is impossible to register (notify the state of your permanent place of residence at a specific address).

But Russian legislation allows you to temporarily register at your place of residence.

From the point of view of the law, the apartment is a well-equipped and very comfortable hotel room, in which you can only temporarily register.

Property status

The Russian Federation has defined premises that are residential:

Apartments are not residential premises, but you can comfortably live in them for a long time, and with constant extension of temporary registration - for life.

Ways to solve the problem

Options:

Temporary registration	If your property has the status of a hotel-type premises, there will be no problems with registration. To do this, you will need to contact the administration of the business center or the owner of the entire luxury building. The maximum period of such registration is 5 years and is determined at the discretion of the administration of the commercial building
Transfer of non-residential premises to residential premises	quite a complex and costly process. If you are the rightful owner of the apartment, you have the right to apply to local authorities to request that they be given the status of residential premises

Such a procedure is only possible if your home meets all the requirements for residential premises.

Registration process

In order to register temporarily and register in an apartment, you need to contact the local office of the Federal Migration Service.

You will need:

There are alternative options:

MFC	you can submit documents to the employees of the multifunctional center, who are responsible for providing such a service to the population, after 3-5 days they will call you and invite you to come to the department and receive ready-made documents confirming the temporary registration
Portal "Public Services"	the procedure takes place online, and then you are assigned a time to visit the Federal Migration Service to confirm the entered data and receive a certificate of temporary registration
Aparthotel staff	you can contact the administration with a statement of your desire to register in your own apartments, authorized employees will promptly complete this procedure for you

Documents required

You will need to provide:

1. Statement.
2. and for real estate.

Recently, this type of premises as apartment apartments has become very popular among residents of megacities. If you open a real estate catalog, you will see many offers to purchase similar housing in the city center for a relatively low cost. Many citizens, seduced by the low price and favorable location, invest money in the purchase of such a real estate property and are faced with the problem that it is not easy to register in the apartment.

In this article

What are apartments?

Apartments are spaces set aside in commercial buildings for people to live in. This is a new category of real estate that is increasingly gaining popularity among city residents. There are several good reasons for this.

However, apartment owners may face a number of inconveniences due to the fact that according to the documents the building is non-residential. Utility bills are higher in commercial buildings than in residential buildings. The second difficulty is related to registration - registration in the apartment is impossible.

Features of registration in Russia

In the Russian Federation, no citizen, including foreigners, can be without registration. He must register at his place of permanent residence or temporary residence address. You can stay without registration only for a limited period of time - 90 days for Russian citizens and 7 days for foreign citizens. If immigration laws are violated, a fine is issued, and the foreigner may face deportation. The type of registration depends on the status of being at the specified address:

• temporary;
• constant.

The types of real estate where one or another registration can be obtained are legally defined. Permanent registration at the place of residence is possible:

• in apartments of residential multi-apartment buildings;
• in private houses built on individual housing construction lands.

Temporary registration is allowed in:

• dormitories;
• sanatoriums;
• hotels and other facilities not intended for permanent residence.

The apartments do not have the status of residential space, which means that you cannot register there for permanent residence. But what about those people who have purchased apartments for permanent living and do not have any other real estate?

Registration accounting in apartment apartments

At the moment, this problem can be solved by temporary registration in the apartment. The law does not prohibit registering for temporary migration in such premises, which are equivalent in status to hotels. The maximum period for which temporary registration can be made is 5 years. At the end of this period, a person can again contact the migration authority and renew registration at the place of stay. You are allowed to renew your registration an unlimited number of times.

If a citizen in the same area has another real estate property that is recognized as residential, then he can make a permanent registration there and live in an apartment without notifying the registration authority. This is possible if the person’s registration address and apartment address are in the same city.

Apartments are becoming increasingly popular among the population. In this regard, the government is considering a bill on issuing permits for permanent registration in apartment apartments. Permanent registration in the apartment could solve many problems and make the purchase of such property even more profitable. An increase in demand for apartments would lead to the development of the real estate market and increased investment in the construction and restoration of buildings in the historical center of megacities. But, unfortunately, in 2019 the proposal remains at the level of a bill.

How do I check in to the apartment?

While permanent registration is not available, we will figure out how to make temporary registration. When applying for temporary migration registration, you need to prepare the following list of documents:

The advantage of the apartments is that the building administration itself can submit the documentation. However, a person can independently contact the authorized body. You can send papers for registration:

• to the department of the migration authority under the Ministry of Internal Affairs;
• to one of the multifunctional centers;
• through the State Services website.

One of the most convenient options is to contact the MFC. The electronic queue system prevents the emergence of real queues, and attentive specialists will help prepare documentation and write an application. When submitting an application on the State Services website, a specific day and time is assigned when the citizen should appear at the migration department.

When contacting an authorized employee, he takes the documents, including the passport, and in return issues a temporary identity card, which has the same legal force. When registration is ready, you will receive an SMS notification. As a rule, the time frame for registration does not exceed 8 days.

Despite the fact that the bill was submitted for consideration 2 years ago, the opportunity to register in apartments on a permanent basis never appeared. It remains to be expected that the government will hurry up with the adoption of the new law, because more and more citizens are becoming owners of apartments.

Rich people in our country strive to live beautifully and spectacularly. That is why in recent years there has been a fashion for purchasing housing in apartments. This type of apartment is considered an elite and most worthy place to live for rich people.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

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What is it

To understand the essence of the issue, consider the meaning of several important terms:

• apartments are housing of elite status, which does not belong to the housing stock, but you can live in it, since all the conditions for a comfortable stay have been created;
• registration is a procedure for registering the legal place of residence of a citizen of the Russian Federation, which is carried out for the purpose of notifying government bodies of the Russian Federation about a person’s permanent place of residence;
• registration is a procedure similar to registration, but has a temporary ( up to 5 years) character.

Legislation

The issue of registration of citizens (in particular in apartments) is regulated by the following regulatory legal acts of the authorities of the Russian Federation:

• Housing Code of the Russian Federation;

Check-in at the apartments

Let's look at the nuances in detail.

Is it possible

At the beginning of the procedure, the applicant must provide the following documents to the body authorized to carry out actions to change the status of the premises:

• statement;
• title documents for real estate (certificate of ownership, purchase and sale agreement, etc.);
• apartment plan and detailed technical description of all elements of the property;
• floor plan of the entire building in which the apartments are located.

Please note that no one has the right to demand the provision of additional documents, since the above list is exhaustive.

When submitting a package of documents, the applicant receives a receipt indicating the date of receipt of the papers and a list of documents submitted for consideration.

It is said that consideration and resolution of this issue takes 45 days, after which for 3 working days() the property owner receives notification of the decision.

If it is necessary to carry out redevelopment in the process of transferring from non-residential to residential premises, the notification indicates exactly what work must be carried out.

In fact, if the decision does not indicate the need for reconstruction, this means that the premises have already become legally residential. If a list of works is specified, then the decision is a legal basis for carrying out work, upon completion of which the apartments will acquire the status of residential premises.

Using this option to resolve the issue will make it possible to obtain permanent registration in the apartment.

How to apply

Let’s say a person has chosen the option of obtaining temporary registration. Let's consider the algorithm of citizen actions aimed at solving the problem.

Procedure

There are several possible options for obtaining registration (registration).

The algorithm of actions depends on the chosen method of providing documents, but the general essence of the stages is the same:

• document preparation (searching for all originals, copying documents on a copier or scanning);
• a visit to a government agency or a visit to a specialized website on the Internet;
• filling out forms in person or online;
• obtaining registration (a stamp is placed in the passport).

Documents

To obtain a residence permit, you will need to provide very few documents, namely:

• passport of a citizen of the Russian Federation (a foreign or biometric passport will not work);
• application (filled out by the citizen during a personal appointment or on the Internet on a specialized website);
• documents for the right to stay in the apartment (certificate of ownership or inheritance, lease or purchase and sale agreement);
• departure slip (if issued by the passport office at the place of deregistration (registration);
• arrival form (can be completed in person).

Providing a broader package is not required by law because there is no need for it.

Where to contact

There are four ways to apply to obtain temporary registration (registration) in an apartment:

• personal appeal of a citizen to one of the territorial divisions of the FMS;
• visit to the multifunctional center;
  

  As you know, the MFC operates in almost every major city in Russia and provides Russians with the opportunity to receive absolutely the entire range of existing government services.

• contacting the aparthotel staff;
  

  Representatives of the personnel who service the apartments have the right to accept documents for registration and submit them to the relevant authorities of the Federal Migration Service.

• visiting a specialized State Services portal on the Internet.

What other difficulties arise?

Only rich and wealthy people will actually be able to live in apartments.

This phrase does not mean discrimination against the rights of poorer citizens, but is based on the following data:

• higher property taxes than residential;
  

  A higher tax rate is envisaged and there is no possibility of obtaining a tax deduction.

• utility fees in commercial real estate are several times higher than in ordinary housing stock;
• lack of state protection for shared participation in the construction of apartments, since they are not housing stock.

All of these problems (or at least some of them) can be solved by converting real estate from non-residential to residential.

Advantages of such registration

From a legal point of view, there are no advantages.

If we talk about the material or moral side of the issue, we can highlight the following points:

• possibility of living in the old central areas of cities;
• opportunity to purchase housing 20 — 30% cheaper than buying a regular apartment with the same number of rooms;
• Apartments are most often located in business centers, which means people can live close to work.

Registration in apartments through the court

Until 2015 residents of country villas also could not obtain registration, but they were able to obtain the right to register in houses located on dacha plots.

Permanent registration in apartments is now possible, but only if the premises are officially transferred to housing stock. In non-residential areas, only temporary registration is allowed. Moreover, the maximum period of the latter can be no more than 5 years. The registration procedure itself is carried out according to the standard procedure, although you will need to have all the necessary documents on hand. If at least one document is missing, the registrar has every right to refuse to accept the application.

Some time ago, a number of offers related to the purchase of apartments for permanent residence appeared on the real estate market. The new wording interested potential buyers, but many of them did not suspect that the acquisition of such premises could result in problems related to registration.

The apartments or lofts themselves are premises located within the boundaries of a specific commercial property. Typically, when constructing such a building, developers allocate areas in it, which are later equipped with bathrooms and communications required for comfortable living. Often existing offices located on the top floors, or, for example, parts of workshops in restored buildings of former factories, are rebuilt into lofts.

The main advantages of apartments are their large area and location in the central areas of cities, most often large ones. Such apartments find owners very quickly.

However, if buying a loft is usually no problem, then difficulties may begin. Moreover, these affect one of the civil duties of a person - registration at the place of residence. Therefore, before purchasing, it is important to take into account all the legal restrictions that exist regarding registration in the apartment.

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Types of registration

In order to more clearly understand what we are talking about, it is worth briefly identifying what registration is and what types of registration are acceptable. The procedure is that a person, within a clearly regulated period, submits an application to the Main Department of Migration of the Ministry of Internal Affairs in order to officially document the fact of residence at a certain address.

Registration can be of two types:

1. Permanent registration. In this case, a person is registered in a specific apartment on an indefinite basis, and a corresponding stamp is affixed to his passport.
2. Short-term registration. It is required when a citizen plans to reside at a particular address temporarily. Based on the results of registration, the applicant is given a corresponding document in which the agreed period is recorded. The maximum period of residence anywhere without registration is 90 days.

It is important to understand that registration at the place of residence or stay is considered a mandatory procedure. Failure to comply with the law may result in penalties, and the person himself will not be able to use a number of social services.

In addition, the status of premises where registration is possible is determined at the legislative level. Thus, permanent registration is allowed in the following territories:

• in apartments located in multi-apartment residential buildings;
• in private houses built on individual housing construction lands.

But you can temporarily register in:

• hostel;
• sanatoriums;
• hotel and other facilities intended for short-term accommodation.

As you can see, there is no mention of apartments anywhere. However, registration in such apartments is still possible.

How to register in an apartment: 2018 law

So, if a person has purchased an apartment for the purpose of living in it, he will need to register in it, preferably on a permanent basis. However, despite the available amenities and functioning communications, such apartments are still considered commercial space, which means they belong to the non-residential stock and living in them is excluded. As, indeed, in any other territory that has such a status.

But if a loft is offered for purchase as a place to live, there must be some options. And, of course, they exist, and they are absolutely legal.

Due to the fact that the purchase of apartments is becoming more and more popular every year and the growth of sales for such apartments is constantly growing, a number of rules have been developed to allow registration in such premises. Here you should rely on the law of the Russian Federation No. 5242-1 and the Decree of the Government of the Russian Federation No. 713.

The main points regarding registration are as follows:

1. Permanent registration in the apartments is not permitted. This is due to the fact that the premises belong to commercial real estate, and therefore are part of the non-residential stock. In such territories, indefinite registration is not possible.
2. Temporary registration in apartment apartments is allowed. However, the procedure is only permissible if the owner (and initially the developer) has documents indicating that the loft is equipped with all amenities (bathroom, communications), which means that it can be equated to a hotel-type premises. The latter means a room (or several) intended for temporary living. These include premises in sanatoriums and hotels. If the owner has the necessary documents confirming the availability of amenities, then temporary registration is possible without problems. Otherwise, the apartment will first need to be assigned the status of a hotel-type premises.
3. The maximum period of temporary registration is 5 years. Moreover, after the expiration of the period, registration can be extended. The new period will depend on the wishes of the applicant. The number of extensions is not limited. That is, a person can renew temporary registration as many times as he needs. This will only require the consent of the owner of the premises, and since the applicant himself acts in his role, no problems will arise.

In addition, a project regarding registration issues in lofts is still under consideration. It is expected that the conditions of the new law on registration in apartments will make it possible to document the fact of residence in premises of this type on an indefinite basis. In this case, lofts and other similar apartments will be considered residential premises.

It is worth clarifying that in fact, the procedure for permanent registration is already available. However, to register, the owner will need to independently go through a lengthy and rather complex process of transferring the premises from non-residential to residential. The process involves numerous checks and collection of documents to prove that the apartment complies with sanitary and fire safety standards. The owner will need to confirm the availability of amenities required for 24-hour occupancy.

Such a request should be submitted to the local administration. But you should be prepared to resolve the issue through the courts. Practice shows that most often decisions to change the status of a premises are made by the highest authority.

The short-term registration procedure has the simplest possible algorithm. The applicant needs to prepare documents and contact the department of the Main Department of Migration of the Ministry of Internal Affairs or one of the MFC offices. It is also possible to submit a request for registration through State Services. True, in this case you will still have to appear for the certificate in person, because at the time the document is issued, the authorized employee will verify the data sent earlier with the information indicated in the original papers.

The documentation package includes:

• personal passports of persons expressing a desire to register in the apartments (children’s birth certificates, if they are under 14 years old);
• agreement on the purchase of premises;
• an extract from the Unified State Register of Real Estate confirming the fact of recorded ownership of the apartment;
• departure certificate if registration at the previous residence address was terminated.

The papers must be supported by a completed application form for temporary registration, where the terms of registration should be indicated. In this case, payment of additional fees is not required - the procedure is completely free.

Documents confirming short-term registration are prepared within 10-14 days. The applicant must receive the papers personally.

The law on the possibility of permanent registration in apartments is still under consideration, however, this does not mean that living in such housing is prohibited. If all documents are available, short-term registration is allowed, with a maximum period of 5 years. After the expiration of the term, it can be extended. If there is an urgent need for permanent residence in the loft, you should try to independently convert the premises into housing. If the procedure has a positive result, then there will be no grounds for refusing permanent registration, and the owner will be able to carry out the procedure in the standard manner.

Approaching European standards today concerns not only the quality of construction. Many developers prefer to build buildings with so-called apartments. They are very popular among high-income buyers. The apartments are fashionable, comfortable and cozy. But the problem arises when it comes to registration.

What are apartments

Premises that are not part of the housing stock. For the most part, these are rebuilt office premises in the center of the capital.

Usually these are spacious rooms in which the living room and kitchen are connected, and the bedroom can be located on the second level or as a separate room.

The area of ​​such premises is usually very large, so those who have above-average income can afford the purchase. Today, it’s not just former office spaces that are being converted into apartments.

Developers of high-rise buildings often prefer not spacious apartments, but apartments located on the upper floors and offering a bird's eye view of the capital.

Registration in apartments

In European countries, where apartments are much more popular than in our country, there is no concept of registration, so they have no problems with a stamp in their passport. There it is enough to buy or rent any premises and live in it, even if it is a former warehouse, no one will say anything.

Please note: Issues regarding permanent registration of citizens of the Russian Federation are described by Federal Law No. 5242-1, Government Decree No. 713.

This cannot be done in Russia. Registration is required here. Based on it, it is possible to visit clinics, schools, and kindergartens. You can affix a registration stamp in Moscow and anywhere in the Russian Federation only at the address where the residential premises are registered. If the developer designates all the premises in the house as apartments, it means that it will be impossible to register there on a permanent basis.

It is possible to obtain a temporary registration for a year while living in an apartment, and then renew it permanently for 5 years. But this is inconvenient and impractical. That is why the Moscow government decided to reconsider the issue of the status of apartments.

Please note: It is almost impossible to register in apartments on a permanent basis, since they are non-residential real estate (Order of the Ministry of Sports No. 35 of April 15, 2011 - apartments are one of the categories of rooms, not apartment buildings).

Apartment status

The great popularity of apartments in the capital led to the government deciding to reconsider the status of these premises.

At the beginning of 2015, it was proposed to assign the status of residential premises to the already constructed premises. This will allow residents to register and save on taxes.

Payment of tax on non-residential property is significantly higher than tax on residential apartments. In addition, residential utility rates are much lower in commercial options.

In order to come as close as possible to the implementation of Resolution No. 660-PP “On Amendments to Resolution of the Moscow Government of May 25, 2011 No. 228-PP,” which was adopted on November 11, 2014 by the Moscow Government, it was decided to introduce a ban on the construction of apartments, as separate buildings. Today apartments can be part of:

• apart-hotel;
• hostel;
• motel;
• hotels.

That is, only in those buildings where permanent residence is not provided, because an apartment is a non-residential real estate fund. To date, the law on transferring apartments to housing has not been implemented, so if they tell you that you can register in an apartment without any additional actions or collecting documents, then do not believe it. For now, the authorities have not recognized these premises as residential, which means registration is not possible.

How to register in an apartment

When buying real estate, everyone plans to register in a given premises, unless, of course, it is a second or third apartment. If you liked the apartment because of its spacious layout, good location, and you plan to register there, then you should know that there are only two ways to register in the apartment:

• • obtain temporary registration for a year, and then renew;
  • prove through the court that this is a residential premises, and only then register.

Important to know: With temporary registration, problems may arise with admission to kindergarten and school, as well as when going to the clinic. Plus, it will have to be constantly renewed.

To prove that the apartment you purchased is suitable for living and can be recognized as a residential property, you will need to collect a lot of documents. And then present them as evidence to the court. Such documents are:

• application for transfer of premises from non-residential to residential;
• certificate of ownership;
• floor plan of the building where the apartments are located;
• floor plan of the premises;
• apartment project.