Registering in an apartment: stages and features

Types of registration at place of residence

The legislation of our country distinguishes two main types of registration. There is a distinction between registration at the place of stay and at the place of residence. That is, one registration is given on a temporary basis, and the other on a permanent basis.
The main difference between temporary registration is that the place of such stay can be not only a house or apartment, but also a hotel, boarding house, tourist center, hospital, and so on. At the same time, the period of stay of a citizen in this territory should be no more than 90 days from the moment he arrived at this place. This is evidenced by the Rules approved by Government Decree No. 713 of July 17, 1995.

Registration at the place of residence is a completely different matter. This means that you must legally register your permanent presence in a specific territory. You are given 7 working days for this after your registration at your previous place of residence has been revoked.

At the same time, one does not exclude the other, which means that a citizen can simultaneously have permanent registration and temporary registration if he had to leave for a period of no more than 90 days.

Information for citizens registered with the military

Citizens liable for military service must notify military registration and enlistment offices of a change of residence.

But only after this very change becomes a fait accompli. That is, after registration at the place of residence.

Deregistration and registration at a new address is carried out at the military registration and enlistment office.

Therefore, any demands from employees of the passport office, the Federal Migration Service or a multifunctional center to deregister before submitting documents for registration are unlawful.

Relations between citizens and the state regarding military records are beyond their competence.

Is it possible to do this in your own living space?

If you intend to live in your own apartment, moreover, you do not intend to make transactions with it in the near future or otherwise transfer ownership to others, then it is necessary to register. First of all, this is necessary so that you can take advantage of the various opportunities and rights that the state gives to persons who have legal registration.

Is it necessary and mandatory to register in a new apartment?

However, you should not think that if you purchased real estate on the right of ownership, then someone must be registered in it. The legislator assumes that citizens can purchase real estate without indicating in any way their location on the given living space. That is, you can be the owner of a home, but at the same time not register in it.

But you will still have to pay utilities, as well as other taxes for the use of housing, but in accordance with the general established tariffs. We talked about how much utilities are charged per person and how the rent depends on the number of registered residents in our material.

What does it affect?

The fact of registration in the apartment once again establishes the rule that the owner has the right to own, use and dispose of real estate. This fact does not add anything new to the rights of the owner.

• However, in some cases registration may affect subsidies . This means that the owner of the property, who was registered in it, has the full right to receive subsidies, which are sent to pay off debts for utilities if the total income of the owner’s family does not allow paying such amounts.
• Also, the presence of registration affects the pension . Failure to register at the place of residence of a pensioner may become the basis for a lack of regional allowances.
• The permanent registration of the owner in his home affects taxes . Various tax deductions will now be sent to the specified address, for which you agree to pay.

What gives ?

Registration in an apartment gives individuals enormous opportunities to use various services provided by the state (you can find out what rights registration in an apartment gives you here).

1. 
   You get the opportunity to process the most important documents at the nearest government agencies. Such documents include SNILS, individual entrepreneur, tax identification number, international passport, driver’s license, and so on.

2. You get the opportunity to place your child on a waiting list for kindergarten.
3. As for children, you can easily take your child to the school closest to your place of registration.
4. You will be able to use various medical services that are provided in a public medical institution.
5. A pleasant bonus is the fact that employers are more willing to trust those individuals who have permanent registration.

Video about the procedure for registering in new housing

One of the duties of every Russian citizen is his registration. The law obliges registration at a new address within seven days if a citizen has left his previous place of residence

. In case of violation of deadlines or failure to fulfill their duties, administrative liability will be applied with a fine of up to 3 thousand rubles. The list of documents needed for registration in an apartment depends on the type of real estate in which a person plans to register.

• DOWNLOAD a sample of filling out an application for registration at the place of residence
• DOWNLOAD application form for registration at place of residence

How to register in your apartment and how long does the procedure take?

Your instructions must contain the following points:

The general registration algorithm, which is intended for the owner, is incredibly simple.

1. The owner must fill out an application in order to deregister at his previous place of residence. There is a set deadline for this.
2. After deregistration has occurred, an application is drawn up in Form No. 6.
3. A package of documents is being generated.
4. The documents, together with the application, are submitted to the passport office or the Federal Migration Service.
5. If we are talking about those liable for military service, then they must register with the new military registration and enlistment office immediately after submitting documents.
6. An employee of the receiving authority reviews the documents and application and accepts the papers.
7. A certificate is issued indicating that your passport is in this institution.
8. After the specified time, you must appear at this authority and pick up your passport, which will contain a mark of permanent registration. This completes the procedure.

Questions may arise when registering. Therefore, we recommend that you familiarize yourself with our materials:

• Features and procedure for registering a person in a privatized apartment.
• How and where can I find out whether it is possible to register a person in a non-privatized apartment without the consent of the residents?
• How to obtain permanent registration without the right to housing?
• Everything about how to register in an apartment without the presence of the owner, and whether this can be done without his consent.
• How many people can be registered in an apartment and what are the consequences of registering several residents?
• What consequences await the owner if he registers a person in the apartment?
• How and how many people can be registered in a communal room?

Where do you register?

The state has authorized only two bodies that register at the place of residence. And these are passport offices, which are located in your management organization in the form of a management company, HOA, housing cooperative and so on.

If you do not trust such authorities, or simply lack them, you can also contact the Office of the Federal Migration Service . Is it possible to register a person if he cannot appear at the Federal Migration Service, read here.

What documents are required?

Generating a package of documents will not be difficult. The main thing is that all papers are provided, and you do not forget to make copies of them.

Since you are the owner of the property, there is no need to obtain consent from other owners (you can find out what is needed to register in the owner’s apartment and whether it is necessary to obtain permission from other residents here). An exception may be cases when we are talking about shared ownership.

• 
  Passport.

• Certificate of ownership.
• Technical documentation.
• Consent of other owners, if any.
• Power of attorney if the owner has a legal representative.
• Men provide a military ID.
• Application on form No. 6.
• If available, attach the departure sheet.

Where to go to submit documents?

Documents are submitted to the above-mentioned FMS body, or the passport office. This is where documents are checked for compliance.

If the application in Form No. 6 was drawn up incorrectly, it is the employees of this body who offer you to redo this document.

Deadlines for the registration process

The legislator allocates 3 to 7 working days for the procedure for considering the appeal. As a rule, the amount of time that employees need depends on the workload of a given body.

How much does it cost for the owner?

Carrying out the registration procedure at the place of residence does not involve paying a state fee. You may incur financial costs only if you use the help of third parties and third-party organizations.

Also, you can pay a notary for drawing up a power of attorney for a third party.

What documents are issued after registration?

After registration, the owner is returned his passport, which contains a mark in the stamp form indicating that permanent registration was received at the established address.

Photo of the permanent registration stamp in the passport:

Features and nuances of discharge

If you have checked out of one apartment, but have not yet checked into another, then you should hurry up. The legislator gives exactly 7 days to carry out the re-registration, but usually this process takes less time, often 2-3 days are enough.

Otherwise, in accordance with administrative legislation, you will be charged a fine of 3,000 rubles.

Read about how to check out of an apartment and register in another one here.

How to register for a new apartment?

In order for registration in a new apartment to become possible, you must first prepare documents confirming the legality of the move-in.

It could be:

• certificate of ownership;
• social rental agreement;
• order.

Without such confirmation, documents will simply not be accepted and registration will not be carried out.

In a privatized

Registration in a privatized apartment occurs on the basis of an application from the owner and confirmation of his status. To do this, you will need a certificate of ownership of the apartment obtained from Rosreestr.

The owner has the right to register himself, as well as to register anyone he deems necessary.

However, it must be remembered that fictitious registration is a criminal offense.

In the municipal

To register in a municipal apartment, a social tenancy agreement is required. All persons indicated in it have the right to register in this apartment.

Registration of additional residents is possible only with the consent of the owner. The only exception is the registration of a child with his parents.

In your own and someone else's

To register in your own apartment, it is enough:

• statements;
• confirmation of ownership.

But to move in and register on foreign territory, you will need to obtain the consent of the interested parties. In particular, all owners of the same living space or all family members of the tenant.

The exception is registration in a room in a communal apartment. This is an independent object, so its owner does not have to obtain permission from the other residents of the communal apartment.

Here is a sample of the owner's consent for registration.

Do I need to leave my old one?

Permanent registration, or registration, is possible only in one apartment at a time. Therefore, you will have to sign out from your previous address.

. But it is not necessary to do this before applying for a new registration.

The law allows for simultaneous deregistration and registration at a new address.

This allows you to comply with the seven-day period allotted by law for registration.

In another city

Registration in another city is necessary when it is located in another subject of the Russian Federation:

• within one locality there is no need to register every change of address if it is not related to the loss of property rights;
• registration in someone else's housing also requires the owner's consent to increase the number of registered residents.

Per child

For the child, all documents for registration are submitted by his parents. Moreover, up to the age of 14, it can only be registered in the living space of the parents. This is the requirement of the law.

A separate document is issued regarding the registration of a minor, since he will receive a passport only at the age of 14.

When registering a child with the father, consent from the mother is required.

Here you can apply for the registration of a child, a sample consent for the registration of a child with the second parent.

Conditions for the studio

Buying studio apartments has become a fashionable trend. They are incredibly comfortable and suitable for young, dynamic people. But for some reason there is an opinion that it is very difficult or even impossible to live in such a studio apartment.

The main feature of such real estate lies in its layout. Very often the space is divided by walls, which visually narrow the property. The absence of walls and a smooth transition from one zone to another helps people feel a sense of freedom. Also, studio apartments are easy to redevelop, so you can change the design of your home whenever you need it.

A studio apartment is classified as a residential property, which means that the registration procedure for such real estate will not be a problem for you. The same standard set of documents will be required.

The only thing worth paying attention to is the accounting norm for quadrature. Very often apartments become studios as a result of the fact that they have limited living space, and people at least visually want to expand the space.

However, if you comply with regional accounting standards, you will not have problems.

Why do you need registration?

The first reason why a person needs to register is to fulfill his civic duty. Since registration at the place of residence is mandatory for citizens, the lack of registration is a violation of the resolution of the Government of the Russian Federation.

Regulation No. 713, issued in 1995, regulates the procedure for registering citizens at their place of residence. It determines not only the registration procedure, but also its deadlines, the delay of which entails the imposition of fines.

The second reason why you need to register at your place of residence is for the sake of using all government benefits. Third, registration is required to obtain an official job and to obtain an education.

In addition, with registration you can:

• Place your child on a waiting list for kindergarten or an elite school;
• Choose the school closest to your place of registration;
• Receive benefits and benefits from the state;
• Receive free medical care at the local clinic;
• Receive documents (TIN, SNILS, driver's license, compulsory medical insurance, voluntary medical insurance, etc.).

Info

It can be unequivocally stated that it is impossible to live fully in Russia without a residence permit. Therefore, a citizen of the Russian Federation who temporarily does not have a residence permit must obtain one as quickly as possible. If you do not have a permanent place of residence, you can always make temporary registration.

Types of registrations

Currently, the terms “permanent registration” and “temporary registration” are not used; instead, the terms “registration at the place of residence” and “registration at the place of stay” are used in legislative acts.

Registration at the place of residence is given to a citizen when he lives at one address most of the time and has no other permanent place of residence. At this address, citizens receive benefits, are registered for study, work, and at the clinic. Such registration is unlimited and is valid until the citizen himself issues an extract. A stamp confirming this registration is placed in the passport.

Temporary registration is issued for a specific period; it is done when a citizen does not have his own apartment and lives at this address temporarily. Registration of temporary registration is necessary to record the places of residence of citizens.

If a citizen temporarily leaves the apartment in which he is registered and lives in another region, in another territory for more than 90 days, then he must register temporarily at a new address.

Nuances of design in a new building

When purchasing property in a new building, future owners hope that they are getting a fresh, neat property. In fact, owners will face long repairs, as well as other problems that often accompany putting a house into operation.

The issue of registration in a new building also has a number of nuances.

1. 
   First of all, it is worth noting that in order to obtain the right to use the property, as well as registration in it, you must wait until the house is officially commissioned.

2. Once it is officially permitted to begin renovation work on the property, you need to register ownership. To do this, you can contact the developers directly or the persons from whom you are purchasing real estate.
3. Only after you have received all the necessary documents that prove the fact that you are the rightful owner of the property can you proceed to registration. Registration is carried out with your management organization, if there is one. But very often, residents of a new building cannot decide for a long time on the management method. Therefore, we recommend that you contact the Federal Migration Service immediately.

Read about whether you can register in a mortgaged apartment in our material.

Video on the topic:

Nuances

Nuances of registration at the place of residence:

1. The owner of a residential premises can register as many people as he likes - there are no restrictions established by law.
2. An employer can register as many people as the municipality allows. The maximum number of registered persons is calculated based on the accounting norm of area per person.
3. The owner of the apartment does not need to obtain consent from anyone to register either his relatives or any third parties.
4. Minor children are admitted without the consent of any persons, and it does not matter whether the apartment is their own or a state-owned one.
5. You can only have one permanent registered address.
6. The procedure for deregistration from the old apartment can be carried out during the registration process at the new address.

So, registering at a new address is a simple procedure. The applicant can sign out from the old address, and only then submit documents, or maybe do two things at the same time.

If you have a residence permit in the same city as the new apartment, it is not necessary to register in the latter.

Is it possible to register a child with his father without the consent of the owner, is discussed in the article: is it possible to register a child with his father. How to register municipal lands as common property of residents is discussed here.

How to find out if there is an encumbrance on an apartment is described in this article.

How to register in a house when buying a home with a mortgage?

Now it’s worth figuring out how to register in an apartment after purchasing it with a mortgage in 2020. You need to do this:

• study the mortgage agreement, determine which family members can be registered at the new address;
• collect the necessary documents for the standard registration procedure;
• submit documents to the passport office.

It should be taken into account that many banks do not allow relatives to be registered in mortgaged housing. This issue should be clarified before concluding an agreement and, if possible, refuse to cooperate with such organizations. If you follow all the above rules, the one who bought the apartment, the question of how to register in it, should now be resolved.

Similar publicationsStep-by-step instructions for buying an apartment on the secondary market Step-by-step instructions for buying an apartment on the secondary market for cash, with a mortgage and using maternity capital. Peculiarities of purchasing housing on the secondary market. Which is better: apartments or apartments? What is the legal difference between these two types of real estate? What is the difference between an apartment and an apartment. What is the legal status of apartments and in what cases should they be purchased? Can apartments be converted to apartment status? How to draw up a receipt for an advance payment for an apartment: sample A receipt for an advance payment for an apartment serves as proof that the seller has transferred money to the buyer. The receipt must include information about the parties, the amount and much more. Free legal adviceAdd to bookmarks Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique. If you want to find out how to solve your particular problem, please use the online consultant form on the right or call. It's fast and free!

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Do I need to register in the purchased apartment?

After purchasing an apartment (on the primary or secondary market), the Buyer often has a question: is it necessary to register in the purchased apartment? Is this necessary?
And what will happen if no one is registered there? What does this mean for the owner? The law in Russia requires every citizen to have registration at the place of residence or at the place of his stay . But everyone is free to choose their place of registration (popularly called “registration”). Moreover, there can be only one registration at the place of residence , that is, only at one address. But at the same time, a person can also have temporary registration ( at the place of residence ) at a different address.

The law does NOT directly oblige the Buyer to register in the apartment he purchased after purchase. That is, it is his right, but not his obligation. And his duty is to be registered (registered) on the territory of the Russian Federation, in principle, anywhere, regardless of where and when he bought the apartment.

This rule applies not only to the Buyer himself, but also to members of his family (both owners and non-owners). They also do not have to register the purchased property.

Reference: The rules for registering Russian citizens at the place of stay and place of residence are regulated by the law of the Russian Federation of June 25, 1993. Opens in a new tab.”>N 5242-1 “On the right of citizens of the Russian Federation to freedom of movement, choice of place of stay and residence within the Russian Federation "/

In general, registration (registration at the place of residence) and Opens in a new tab.”>ownership rights are in no way related to each other. For example, a person can buy himself an apartment, and at the same time remain registered in his old (including non-privatized) housing. Or a person may own several apartments and be registered in only one of them.

The following situation is also possible: a person is permanently registered in one city (for example, in Ryazan), but after purchasing an apartment in another city (for example, in Moscow), he additionally obtained a temporary Moscow registration in his new home. By law, he must do this if he actually intends to live in a new place for more than three months (otherwise he may face a fine).

In general, if the Buyer already has a permanent residence permit (in any city in the Russian Federation), then he may NOT register .

True, sometimes registering at a new address still makes sense. For example, to receive social benefits and opportunities (kindergarten, school, clinic, local subsidies, etc.)

Do I need to register in the purchased apartment with a mortgage?

Here it would be more correct to ask: is it possible for a borrower to register in a mortgaged apartment that is pledged to the bank? From the point of view of the law, it is possible, since an apartment purchased with a mortgage is registered as the property of the borrower (albeit with an encumbrance in the form of a mortgage). And the owner always has the right to register on his square meters.

But creditor banks, in general, are not interested in the borrower and his family members registering in the apartment purchased with credit money. After all, for a bank, collateral real estate should be as liquid as possible (i.e., easily sold). And the registration of the owners in it can complicate the bank’s sale of such collateral in the event of non-payments on the mortgage.

Therefore, in loan agreements, some banks prohibit borrowers (and/or members of their families) from registering in housing purchased with a mortgage until the loan is repaid. Such a condition of the pledge agreement is generally permitted by law (Opens in a new tab.”>Clause 1, Article 346 of the Civil Code of the Russian Federation).

But in the particular case of a mortgage, Federal Law No. 102-FZ “On Mortgage (Pledge of Real Estate)” (Opens in a new tab.”>Clause 1, Article 29) directly prohibits the bank from restricting the borrower’s right to use the purchased apartment (i.e. the right to register there).

Do I need to register in an apartment purchased with maternity capital?

If the apartment was purchased using maternity capital, then by law it must be registered as the property of all family members, including children.

As for registration in it, the general rule applies here: owners can register in it at will.
There is no mandatory requirement for registration in an apartment purchased with maternal capital. Professional support from a lawyer in matters of purchasing a home is NOT superfluous. Look for legal advice on real estate and transaction support. Opens in a new tab.”>HERE .
For the procedure for organizing a transaction for the purchase and sale of an apartment, see the interactive map. Opens in a pop-up window.”> STEP-BY-STEP INSTRUCTIONS (opens in a pop-up window).

Housing Consultant

Registration of third parties in an apartment taken on a mortgage may be limited by the bank, and the borrower will not have the right to independently register them in the apartment while the home is under encumbrance. To do this, you will need to obtain written consent from the bank to perform this action.

In order to register relatives, the owner must provide the passport office with all the necessary documentation and a loan agreement , which contains a clause stating that these people can live in the apartment and be registered there. If a child is born to the borrower during the term of the loan agreement, he automatically receives registration in the apartment.

27 Jun 2020 stopurist 358

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How do I register for my own premises after purchase?

Migration issues are dealt with by the Main Directorate for Migration of the Ministry of Internal Affairs. Documents can be submitted in person, through the MFC or the passport office of the Criminal Code. You can also fill out the application yourself on the State Services portal. You need to take several standard steps to register in your own apartment :

1. To change your registration, you must check out from your previous place of residence and receive a departure sheet. If, during registration, you indicate a request for an extract in the application, then it is not necessary to register first. The registration authority will take care of this on its own.
2. Appear at the territorial department of the Main Department of Migration Affairs of the Ministry of Internal Affairs (or another institution where registration is possible) at your new place of residence and fill out application No. 6. Minor children under fourteen years of age cannot fill out and complete the application on their own. Their legal representatives do this for them.

After completing all of the above procedures, you are considered officially registered in your new home.

Registration in the purchased property is not a mandatory procedure . The main thing is that you have a permanent place of residence where you are registered, since the lack of registration is punishable by law. However, for owners of residential space, registration gives the right to use municipal services, open and register an individual entrepreneur, and much more. For ordinary cohabitants, registration is only formal.

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Is it obligatory for the owner to register in the purchased housing?

According to Government Decree No. 713, a citizen who received living space as a result of purchase, exchange, donation or inheritance is subject to registration.
However, purchasing real estate does not force a person to register in it. The owner can buy several apartments and residential premises, but he does not need to register in each of them. Permanent registration (registration) is carried out only at one place of residence (address) .

The owner does not need registration to use and dispose of the apartment. Thus, the owner must decide for himself whether he needs to register the purchased property. We talked in detail about whether it is permissible to live without registration at the place of residence and the conditions for not having registration in your own apartment.

When can you not do this?

Under any conditions, if you have at least one registration. The law does not oblige citizens to register in each acquired property.

Risks

Registration is possible only after taking ownership . Those. It will not be possible to register for the entire construction period. If there is a delay, the waiting time will increase indefinitely. This is especially risky when building a house in another locality. When shareholders move to another city and need to live there on foreign territory, the issue of registration will need to be resolved (is it permissible to live without registration at the place of residence?).

You can also run into scammers who offer to make a temporary registration in a new building before registering it as a property (for details about the difference between temporary registration and permanent registration, read this article). This is not permitted by law, so there is a high risk of not only losing money for obtaining such a “registration”, but also being held liable for fraudulent actions and/or delays in registration.

Registration in a built house is no different from registration in any other housing . You will need to collect the necessary documents, submit them to the migration service and receive a stamp in your passport or a certificate of the established form. A citizen does not need to pay for the services of the migration service. The entire procedure is carried out free of charge.

According to the law, a person can register and be discharged from housing at any time. Read about how to change your registration, as well as whether you can register in an apartment or studio, on our website.

Features of registration of shareholders

If the DDU is fully executed and the shareholder has registered his rights to the property with Rosreestr, then there are no problems, and the registration procedure is similar to that described above.

block_attachment

The agreement specifies the date after which the shareholder must, having accepted the apartment, go to register his rights to it. However, failure to comply with this period is the rule rather than the exception. The problem is aggravated by the fact that many citizens, in order to buy an apartment in a new building, sell their previous housing and, accordingly, check out of it. For this reason, shareholders solve their problem by temporarily registering with friends or relatives.

But if the temporary registration is coming to an end and the house has not yet been completed, the question arises about the possibility of registration in an unfinished apartment.

From the point of view of formal compliance with laws, this is impossible. In order to have the right to register in your apartment or give consent to the registration of other people in it, you must first register your rights to it in the Unified State Register of Real Estate. This requires the commissioning of an apartment building. The decision on this is made by the state commission after the complete completion of the house and the elimination of all identified deficiencies. Sometimes no one can tell you the exact date when it will be possible to register the rights to an apartment. That is, in this case it is impossible to register under the DDU, and the problem must be solved in other ways.

Things are somewhat simpler if the house has already been accepted, but some problems have arisen with the registration of ownership. In this case, you can register in the living space temporarily. Such a registration removes its holder from responsibility for violating the passport regime, allows him to look for work, send his children to school, use the services of a clinic, etc. To obtain it, you first need to obtain permission from the developer to live in the house. With this paper you go to the Main Department of Migration of the Ministry of Internal Affairs of the Russian Federation or the MFC and submit an application for temporary registration. In addition to the permit you must attach:

• DDU;
• documents confirming the commissioning of the house;
• statement.

In about three days you will be registered.