The actual place of residence is

What needs to be indicated, filling rules

Like any other document, the deed of cohabitation must be correctly drawn up, that is, it must contain all the necessary elements in order for it to have legal force. The document in question must contain the following information:

• The name is “cohabitation deed.”
• Information about residents (full name, passport details).
• Information about neighbors participating in the preparation and confirmation of this act.
• Written explanations from neighbors, the presence of things, documents confirming the residence of one person with another.
• Address of the apartment where the inspection took place.
• Attachment, if there are documents relevant to the case.
• Date and signatures of neighbors and inspector.

See samples below.

Actual residential address: what is it and how to confirm it

Often the actual residential address and the registered address at the place of residence differ. It is very important to understand how the concepts under consideration differ and how they are similar.

What is it - the actual address of residence and the address of registration, how the above terms are characterized, what are their features - we will look at all this in the article.

This is necessary in order to avoid misunderstandings in the future, since citizens face an administrative fine for violating registration rules.

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Place of actual residence

The place of actual residence is the housing in which a person stays temporarily. Under these conditions, a person can only have temporary registration or no registration at all. The actual residence of citizens is confirmed by documents, for example, a lease agreement.

Address of registration and actual residence - what is the difference?

Registration address is the housing where the citizen is registered. The person informs the state where he lives. Registration is the responsibility of citizens; a mark indicating its presence is placed in the passport.

If the registration does not coincide with the actual address, then it is imperative to inform the government authorities, since a person who does not have registration at the place of residence does not have the right to take part in elections or be assigned to a school or medical institution.

To register, you should contact the migration service and provide: an application, a passport, as well as a document giving the right to a person to live in a specific place (for example, a rental agreement).

It will be interesting:

Sample certificate of income to social security

What documents prove the identity of a citizen?

The application for registration includes the following information:

1. FULL NAME.
2. Date of Birth.
3. Citizenship.
4. Passport.
5. The address where registration is planned.
6. Documents proving the citizen's right to the object.
7. The address at which the citizen was previously registered.

The package of documents can be brought in person or sent by mail .

The address of a citizen’s actual place of residence is the address at which you actually live, and not formally on paper.

Attention! You have 7 days to register at your place of residence. Otherwise, you will have to pay a fine in the amount of 2000 - 3000 thousand rubles.

Place of stay and place of residence

What is the difference between place of stay and actual residence ? The first concept is characterized by the fact that a citizen lives there for a short period, and it is necessary to register if you plan to spend more than 90 days in this place and your registration address does not change. The place of stay is housing in which a person lives only for a while (for example, a hotel), usually in another locality.

To register at your place of stay, you will need to contact the migration service department with a package of documents:

1. Passport.
2. Statement.
3. A paper proving that you have grounds for temporary registration.

Permanent residence is a property where a person lives for a long time . It is legally enshrined and is recorded in the form of a stamp on the fifth page of the citizen’s passport. The state associates important legal events with this concept (for example, declaring a citizen dead).

It will be interesting:

Where to get a certificate of residence, what information it contains and what it looks like

How to check the validity of a passport at the Federal Migration Service of the Russian Federation

Passport exchange: timing and duration of the procedure

Let us highlight the criteria for distinguishing the above concepts:

• type of object - for the first it is, for example, a hotel or an inn, and the place of permanent residence is a house or apartment;
• temporary indicators - short-term and long-term accommodation;
• documentary evidence - reference data or a stamp in the passport.

How to confirm actual residence

First of all, you need to submit an application to the authorized body . Most often, this is necessary to exercise social rights, for example, to receive a pension, preferential payments, and health care.

Often the need for confirmation is a necessity for litigation regarding the collection of utility bills and other disputes. There are three ways to confirm your place of actual residence:

1. Provide a rental or social tenancy agreement.
2. Recourse to the testimony of witnesses, for example, neighbors in the building.
3. Take supporting data from the house register and other documents.

Conclusion

You should clearly distinguish between all the concepts considered and know how they differ from each other.

Why is this necessary? In order to avoid negative legal consequences for non-compliance with registration rules, as well as to avoid a fine from the state.

Despite the fact that Russians are allowed to move freely within the country, the state must provide information about their place of residence.

In conclusion, it is worth noting once again that the most important difference between actual residence and place of stay is the presence of registration and its confirmation.
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Source: https://101jurist.com/dokumenty/fakticheskiy-adres-prozhivaniya.html

Who compiles and where to submit

The owner of the premises, his neighbors or employees of the management company can draw up an act of cohabitation. However, when drawing up a deed, the owner or neighbors will need to have the document certified by the management company, but it is also possible to have the deed certified by a notary.

Documents are prepared, as a rule, for submission to any authorities where this or that confirmation is required.

The deed can be used to confirm cohabitation with any government authorities where it is required.

For example, according to paragraph “o” of Article 54 of the Order of the Ministry of Health and Social Development of Russia dated December 23, 2009 “On approval of the Procedure and conditions for the appointment and payment of state benefits to citizens with children,” in order to receive a child benefit, you will need a document confirming the child’s cohabitation with one of the parents. The corresponding act may just be such a document.

This document will also help when receiving alimony.

How to obtain a certificate of residence?

What is this for? By default, this procedure is implied for the majority of the country's population. This provision is used primarily in the state planning system.

Having data on the number and composition of those registered in a particular locality, it is possible to calculate the need for the required number of kindergartens, schools, the number of public transport units and other infrastructure elements. Without such information, the normal functioning of any city or town is impossible. That is why the state made the registration procedure at the place of residence mandatory. In case of living without it, a fine may be imposed on the citizen.

Important

This provision is taken into account by the Code of Administrative Offenses of the Russian Federation. The amount of the fine is 2-3 thousand rubles.

How to draw up an act of cohabitation with a child

It is not uncommon for a child’s parents to live separately. And the child himself is registered with one parent, for example, with a husband, but actually lives with another, for example, with his wife, and this may cause difficulties when applying for various child benefits or receiving any benefits.

In order not to waste time and effort on re-registration, you need to draw up an act of cohabitation with the child.

Let’s say a minor is registered with his father and lives with his mother. The mother can independently draw up an act, however, a specially assembled commission consisting of a representative of the management company, a district police officer and at least two neighbors must inspect the premises. In this situation, neighbors are actually witnesses and, according to paragraph 2 of Article 59 of the Federal Law “On Enforcement Proceedings,” there cannot be less than two of them. The presence of the owner of the premises where the inspection is taking place is required.

In order for the document to be properly executed and a commission to be collected, the owner can write an application for drawing up an act of cohabitation to the management company and wait for a response.

The fact that a family consists of a mother and child lives can be indicated by the presence of children’s things, documents, for example, a birth certificate, toys, or a specially equipped room. Based on the inspection and testimony, the commission will conclude whether the minor actually lives here or not. The conclusions will be entered into the act and signed by the participants.

After the document is signed by all participants and stamped, it will be completely ready for use as a certificate of residence in a specific premises, where all residents are indicated.

Guide to independently drawing up an act of actual residence

Living at an address officially registered to a specific person is not always the case. Various reasons may be grounds for absence from such addresses. Starting from the availability of real estate in other areas, and ending with the desire to receive additional profit in other regions and cities.

It is in such situations that the relevant authorities draw up a document that confirms that the person does not live in the place that plays the role of registration.

When an act of residence at another address is drawn up, the presence of a special commission becomes a mandatory requirement. It is made up of:

1. All interested parties.
2. District police officer.
3. Employees from management companies or housing and communal services.
4. Neighbors.

A child can be registered at the place of residence of the father, even if he lives with his mother. Read here how you can do this.

However, the legislation does not establish a clear form for the document itself. It is permissible to use any form when compiling. The legal force of a document will be officially recognized only if it does not contain provisions that contradict current legislation.

How to draw up an act?

It is important not to forget about information about the real owner who owns the premises. And about the time during which someone is absent from the address.

Is it easy to register a child in your apartment and what is needed for this, read this article.

the purpose of the document is to prove that this or that person does not live at his place of registration. Therefore, it is necessary to indicate:

1. Date and place of document preparation.
2. A link to evidence that this or that person has not been at this address for some time.

It’s worth writing separately if the location remains unknown. It is impossible to do without information about which persons took part in the preparation of the document itself. And what is the status of the participants in the process.

5/5 (2)

When drawing up an act, it is necessary to comply with the norms of the current legislation, only in this case the document will be accepted for consideration.

We invite you to familiarize yourself with: Sample of filling out letters of gratitude to military registration and enlistment office employees

When drawing up an act of residence at a different address, a specially created commission must be present.

Please note! The commission includes:

• district police officer;
• neighbours;
• representative of the management company;
• interested people.

It is not prohibited for private individuals to draw up an act: neighbors, the owner of a residential premises, or a landlord.

There is no strict form of the document established by law. This means that the drafters are free to design the document, but they must adhere to a business style and logical sequence of presentation.

A specially created commission records the place of residence of the person being inspected.

The act contains the following information:

• date, address;
• Full name and personal data of the person being verified;
• evidence confirming the constant presence of a person in the inspected residential premises;
• current place of residence (if relevant information is available);
• Full name and personal data of persons included in the commission;
• date, signatures of participants.

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The neighbors draw up an act containing the following information:

• Full name and personal information of neighbors;
• information about the person being checked;
• date, signatures.

The drawn up act is signed by the district police officer or a representative of the management company.

There is no special form provided for the act; free presentation of the text is allowed.

Registration period after discharge.

The apartment owner and neighbors have the right to initiate the drafting procedure. It is compiled by employees of the management company.

The following requirements for the procedure are presented:

• Only a written form of the act is acceptable;
• the act itself is drawn up manually;
• the presence of the commission is mandatory;
• the presence of the apartment owner is required during its inspection;
• the text includes testimony from persons who participated in the inspection;
• an application is drawn up, which includes documents that are relevant to the case;
• if a person refuses to sign the act, this is noted in the text.

Signatures are provided by witnesses, as well as a representative of the housing and communal services.

If the management company employees are not going to certify the document and are deliberately delaying time, contact your neighbors so that they can witness the inspection procedure. A notary also has the right to certify the deed.

The purpose of drawing up the act is to establish the legal order of residence. The document helps speed up the re-registration procedure.

The act has the following advantages:

• the person who was discharged loses the rights to the corresponding share of the property;
• helps evict neighbors in case of illegal rental of residential premises;
• promotes the deregistration of a person living at a different address, but refuses to be deregistered voluntarily;
• contributes to reimbursement from the state of expenses for payment of utility bills.

How to register in SNT?

The amount of the subsidy is affected by the number of persons registered in the apartment. The amount of money is inversely related to the income of registered persons.

When drawing up the act, the economic situation of the family is taken into account. It is sent to the appropriate commission, which operates in the executive committee of the local administration, and after reviewing the act, a decision is made.

Act from neighbors

Indicate the following information in the act:

• Title of the document;
• Full name and contact information about neighbors;
• information about the person’s residence in the inspected residential premises;
• date, signatures of neighbors.

The act can be certified by a housing department employee or a local police officer.

The actual location is understood as the residential premises in which the citizen actually lives, although he is registered in another place.

A certificate containing information about your actual place of residence may be needed to calculate utility bills and resolve certain situations with migration authorities.

The document does not have a statutory form; the only condition is the availability of comprehensive information about the person being inspected.

Certificates are issued free of charge.

What rights do a person registered in an apartment, but not the owner, have?

Persons have the right to reside on the territory of the Russian Federation for 90 days. After expiration of the period, they may be fined. In this case, temporary registration is necessary; its registration will not be difficult. If you apply after the 90-day period, you will have to pay a fine.

It is difficult to record the fact of illegal stay at another address. If it is revealed that a person has violated Article 19.15.1 of the Code of Administrative Offenses of the Russian Federation (residence of a citizen of the Russian Federation at the place of stay or at the place of residence in a residential building without registration), he is obliged to pay a fine, the amount of which is 2000-3000 rubles.

However, the size of the fine varies depending on the region. If the violation was committed in Moscow or St. Petersburg, the fine will be from 5,000 to 7,000 rubles.

Remember! Temporary registration is not required in the following cases:

• if the citizen is registered and actually lives within the same locality;
• temporary registration is not required for family members of a citizen who is registered at a specific address;
• persons who rent an apartment or room in a hostel if they have a residence permit in a given region are not held liable.

You will avoid a fine if you regularly move to your place of registration. This situation may not please the neighbors, who have the right to initiate the procedure for eviction of a citizen from a residential premises.

Relatives may be evicted if absent for a year. Other citizens are subject to eviction after six months.

We invite you to familiarize yourself with: Agreement on changing the contract price sample

The act of non-residence is drawn up by a specially created commission, which includes neighbors and employees of the management company. You have the right to have the document certified by a notary.

Questioning neighbors about their accommodation

Such a survey consists of obtaining testimony that allows one to judge whether a particular person lives or does not live in an apartment at a given address. The survey is usually recorded and confirmed by the person being interviewed. The resident of the apartment or floor is asked questions about who lives here, whether he sees his neighbor, how often, how many people regularly appear at this address, whether persons are in the premises legally.

Act on cohabitation of mother and child, sample and form

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Form. ⇐

Act on actual residence in an apartment from neighbors, sample

A sample of such an act can be

. ⇐

Act on establishing actual residence - Your lawyer

The use of communal resources by illegally living citizens in a residential building that is not equipped with individual metering devices, in the presence of general building metering devices, leads to an increase in general house expenses, and therefore to an increase in the amounts in receipts for utility services of all other owners of the premises of an apartment building (formulas 11, 13 Section III of Appendix No. 2 to the Decree of the Government of the Russian Federation of May 6, 2011 No. 354).

To correct this situation, citizens can initiate the process of establishing the exact number of citizens living in the premises by drawing up an act and submitting it to the internal affairs bodies.

Request for drawing up an act

A citizen has the right to submit an application to the utility service provider servicing the relevant residential premises to establish the number of citizens temporarily residing in it. Such a contractor can be management companies, homeowners' associations, cooperatives (clause 2 of the Rules for the provision of utility services, approved by Decree of the Government of the Russian Federation of May 6, 2011 N 354).

The Contractor has the right to draw up an act establishing the number of citizens temporarily residing in the residential premises if he has information about consumers temporarily residing in the residential premises who are not registered in this premises at their permanent (temporary) place of residence or place of stay (clause 56(1) of the Rules) .

Such information may be testimony from neighbors, other owners, video surveillance data, etc.

Temporary residents are considered citizens who live in residential premises for more than five days in a row (clause 56 of the Rules).

Procedure for registration and transfer of the act

The act is signed by the executor and the consumer (consumers), as well as the chairman of the council of the apartment building or the chairman of the homeowners' association or cooperative.

The act can be drawn up both in the presence of the owner of the residential premises (permanently residing consumer) and in his absence.

The act must include the following information:

• date and time of its preparation;
• last name, first name and patronymic of the owner of the residential premises (permanently residing consumer);
• address, place of residence of the owner of the residential premises;
• information on the number of temporarily residing consumers;
• date of commencement of residence of temporary living consumers - if it is possible to determine such a date and subject to the signing of the act by the owner of the residential premises (permanently residing consumer).

If the owner is absent from the residential premises during the preparation of the act, a corresponding note is made in the act. Also in the act a note is made about the refusal of the consumer owner to sign the act. The act is drawn up in at least three copies. The utility service provider is obliged to give one copy of the act to the owner of the residential premises ( if there is a refusal to receive an act, a note is made about this), another copy of the act is sent by the executor to the internal affairs bodies within three days from the date of drawing up (clause 56(1) of the Rules). Thus, violations of the housing rights of citizens by irresponsible owners of premises allowing residence persons without properly formalized permanent or temporary registration in your premises can be stopped with the help of organizations providing utility services and authorized bodies.zakonius.ru

What grounds are needed to draw up an act of non-residence in an apartment?

This kind of document is in demand in situations where the process of forced eviction of a tenant who does not live at the place of registration or registration has begun. This issue can also be raised in the case of illegal rental of residential premises and, accordingly, the need to expel the tenant to another residential premises, address, which is indicated in his passport in the registration section. In case of long-term non-residence at the place of registration, the basis for drawing up a report may be complaints from apartment residents or neighbors indicating this fact. Also, such a report may be needed in the event of a person’s prolonged absence, to provide information to the police and investigative authorities . It is possible to apply to receive a certificate and, due to living in another place, to recalculate utilities.

Who can draw up a certificate of non-occupancy in an apartment

Employees of housing companies, local police officers, representatives of police registration departments, and bailiffs are authorized to draw up an act of non-occupancy in residential premises. Representatives of the housing department also have the right to draw up such an act. It is not prohibited for private individuals to draw up an act: neighbors, the owner of a residential premises, or a landlord.

What must be indicated in the act, its contents and rules of execution

The act of non-residence is drawn up in writing. If the document is drawn up by representatives of administrative or investigative authorities, then an additional report on the inspection and collection of information may be drawn up. When a commission is appointed on this issue, its composition includes representatives of housing and management services. Information about the actual situation is entered into the act, and the testimony of the residents and the owner of the apartment is recorded, whose presence is mandatory when drawing up the act. Additional information may be entered about the place of actual residence of the person for whom the paper is being drawn up. The act may be accompanied by a package of documents or copies thereof. The procedure during court proceedings implies the presence of participants in the case. It is prohibited to include in the act conclusion information or collect information that is not permitted by law. The final paper is certified by signatures.

Certificate of actual residence, sample

To draw up such a paper, the residential premises are inspected to identify the person’s personal belongings, the fact of residence, which must be confirmed or refuted. The expert commission includes representatives of municipal authorities and a district police officer. The inspection is carried out in the presence of three residents of neighboring apartments. The document should indicate:

• Address;
• Date of;
• Passport details and full name of the person about whom information is collected;
• Evidence of his presence or absence at this address;
• His place of residence, if information about him is available;
• Full name and passport details of those present;
• Signatures.

⇒ The act of actual residence in the apartment can be viewed by downloading it from the link.

If proof of location is necessary, a certificate of actual place of residence without registration is issued by the district police officer on the basis of a drawn up act.

From neighbors

When drawing up such an act, it is indicated:

• Title of the document;
• Full names, addresses, passport details of neighbors;
• Information about the residence of a specific person in the specified premises;
• Date, signatures.

The document must be certified by the district police officer or representatives of the housing department.

⇒ The act of residence from neighbors, or rather, see its form here.

Residence not at the place of residence, sample

The act of confirmation of residence not at the place of residence is drawn up as follows:

• Residential address;
• Full name, passport details of the resident;
• Full name, passport details of three neighbors present;
• Information about the fact of residence;
• Temporary registration document, if available.

Download a sample act from the link.

Certificate of non-residence in an apartment: sample, form

An act indicating that a person does not live in the apartment may be needed if it is necessary to evict him, for example, after a divorce. It is advisable to indicate in the act the number of months during which the tenant is absent from the apartment.

When drawing up papers, there must be three adult residents of the house in the apartment with their passports. The completed document is certified by the signature of the district police officer.

The presence of a police representative will help determine whether the premises contain the belongings of a person who does not live there.

The correctness of the information contained in the papers must subsequently be confirmed by the housing department and the passport office.

When independently compiling such documentary evidence, the sequence of actions is as follows:

• Type on the computer or write by hand in the upper left part of the sheet - Non-Residence Act.
• Enter the passport details of the three present neighbor-witnesses, including their full name, address, series and passport number - each person must make the entry in his own hand.
• Indicate that the Act was drawn up at the request of Comrade. – Full name, address, passport details.
• Information about a non-resident person - his full name, registration, and fact of absence.
• An indication of his current location, if known.
• Date of compilation, signatures of those present.

the act on non-residence of a person in the apartment can be found at the link.

Act and certificate of non-residence from neighbors

A certificate of non-residence from neighbors can be obtained on the basis of the act.

This document, certified by signatures, contains the testimony of neighbors about the fact of non-residence. Additionally, the passport details of all neighbors and their full names are recorded.

A sample act of non-residence from neighbors can be found here.

The drafting of acts may have various nuances, therefore, in order to avoid various kinds of problems, it is advisable to first consult with a lawyer and familiarize yourself with the available samples of such documents. This will allow you to draw up the act correctly.

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Source: https://historyblog.ru/akt-ob-ustanovlenii-fakticheskogo-pro/