Registration without the right to living space - how to register in an apartment without the right to property?

Current Russian legislation provides for mandatory registration. It applies to citizens of the country and foreigners visiting it.

Registration can be temporary or permanent. It is issued at the place of actual residence of the person.

This procedure is established by Federal Law No. 5242-I, adopted in 1993.

What is permanent registration

The fundamental difference between temporary and permanent registration is expressed by the validity period. Temporary registration cannot exceed 5 years; permanent registration has no expiration date . It is indefinite, provides a person with the opportunity to live in residential real estate, but does not provide him with ownership rights to it.

Current legislation does not allow a property owner to evict a person without his or her consent.

Important. The decision to discharge a person from a residential premises can only be made by a court.

A person needs permanent registration to exercise a number of his social rights.

For example, it provides a person with the opportunity to apply for pensions and other social benefits at his place of registration, and to receive a certain list of medical and educational services.

The existing procedure for registering children in kindergartens, nurseries and schools provides for priority provision of places in them to residents of the area in which they are located. Having a permanent residence permit gives citizens the opportunity to contact financial institutions to obtain a loan or apply for a mortgage. It is also required when applying for a job.

Is it possible to register for apartments and lofts? About this and more on our website.

Without the right to living space

Citizens who do not have their own housing are forced to rent someone else's property. When registering at their place of residence, many of them are faced with the reluctance of the owners to register them in their housing as at their place of residence. Without the right to living space, both temporary and permanent registration are issued. You can apply for it in private, municipal or official housing.

Along with the right of residence, permanent registration imposes a number of responsibilities on a person. The main ones are paying utility bills and bearing the costs of maintaining places of residence in proper condition. Law No. 376, adopted in Russia in 2013, popularly known as “on rubber apartments,” prohibited the registration of citizens in residential premises without permission for the person to actually live in them. Violators of this law may face not only a fine, but also criminal liability.

Find out about registration in a communal apartment and common property on our website.

Registration at the place of residence does not give the right to apply for housing

Registration is not the basis for acquiring ownership rights.

Photo: January 4, 2020, 18:58

To simplify the conditions and procedure for registration at the place of residence under the new law, including for socially vulnerable segments of the population, the Ministry of Internal Affairs of the Republic of Kazakhstan took a number of consistent measures, reports.

First, registration is completed on the day of application.

Secondly, no prior deregistration from the previous place of residence is required; registration and deregistration from the previous address are carried out automatically.

Third, there is the possibility of online registration through the e-Government Portal.

Fourth, registration at social adaptation and rehabilitation centers is provided for persons without a fixed place of residence.

Fifth, if a person does not have identification documents, or they are lost and unusable, registration is provided using a temporary identity card.

Sixth, registration is of a notification nature and is not made dependent on any conditions.

Seventh - registration of citizens at the place of their permanent residence or temporary stay is carried out by internal affairs bodies at public service centers (PSC) in an automated mode at the time of application. Schedule for receiving citizens at public service centers: Monday to Friday - from 9.00 to 18.30 without lunch break, on Saturday from 9.00 to 13.00.

To register, you need the consent of the owner of the home, his identification card (personal presence is required), the identity card of the person being registered and a receipt for payment of the state fee for registration at the place of residence in the amount of 226.9 tenge.

The new ID cards with chips only rewrite the legal address without replacing the ID itself.

It is important to know that citizens can register not only at the Public Service Center, but also through the e-government portal (EGP), by filling out an electronic request and certifying it with their electronic digital signature, and paying the state fee through the e-government payment gateway (EGG). This year alone, more than a thousand citizens of the Republic of Kazakhstan have been registered through the PEP.

Registration of a citizen in residential premises does not determine the right to claim housing and is not the basis for acquiring ownership rights. By concluding certain transactions, for example, a lease agreement, owners can transfer the right of ownership and use of housing to a temporary tenant. However, such rights do not give rise to ownership rights for the tenant, unless the lease agreement provided for the transfer of real estate into his ownership.

According to those in charge, the amendments provided for by the new law will strengthen control over internal migration and increase the efficiency of the activities of internal affairs bodies in regulating migration processes.

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Is it possible to obtain permanent registration without the right to living space?

The current legislation in the Russian Federation allows you to obtain permanent registration without the right to living space.

This means that a person registered in a residential area cannot dispose of it at his own discretion in the same way as the owner of the property does.

When, who and under what conditions to register in their residential premises, the owners decide independently, if they are their sole owners.

In the case where residential real estate is in shared ownership, someone can be registered in it only with the written consent of all owners.

The interests of minor owners in such agreements are represented by their guardians.

Attention! The consent of the owners is not required when registering minor children at the place of registration of their parents.

Such registration is completed at the territorial branch of the passport office. To carry it out, you must submit an application, originals and copies of documents:

  • providing information about the birth of a child;
  • parents' identification documents;
  • marriage certificates.

Along with these papers, another application is submitted. One of the parents provides it to the passport office. It contains his consent to register the child at the place of registration of the second parent. Along with it, you must provide to the passport office an extract from the house register or personal accounts confirming the fact of residence of the father or mother at the child’s registration address. The processing time for permanent registration ranges from 3 to 8 days.

When registering strangers in their living space, property owners can enter into a lease agreement with them.

It stipulates the conditions for the use of housing, the form and system of payment, as well as the conditions for checkout from the apartment. To give the contract legal force, it is certified by a notary.

In the event of a controversial situation between the owner of a residential premises and a person registered in it, the document may be presented to the court to consider the issue of discharging the tenant.

What is registration without ownership rights?

Even under the USSR, there was a concept of registration without the right to property. Since the nineties, the institution of registration has been completely replaced by “registration”. Any citizen of the Russian Federation, as well as persons who crossed the state border for a long stay in the country, were required to register at a specific address.

Any person who has passed registration without the right of ownership is not considered an owner and does not have any rights to housing. Mostly all citizens who enter the territory of the state for the purpose of further employment undergo such registration.

However, under specific circumstances, citizens of the Russian Federation have the opportunity to obtain registration without housing rights, for example, based on moving to change jobs. Such registration under such circumstances is indispensable to get a good position.

In addition, arrivals may very likely encounter problems, due to which they will subsequently have to leave the territory of the Russian Federation.

There are two types of registrations issued without the right to living space. It can be temporary or permanent. The first is perfect for those people who came from abroad for a specific period of time, but not permanent residence. It is issued for a period of up to five years.

Such registration is necessary for people who arrived in the Russian Federation to work or receive education. Registration of a temporary nature, however, like a permanent one, cannot serve as a reason for the emergence of rights to the property where registration was made.

Even if the persons registered temporarily are related to the owner of the housing, they cannot have property rights to any part of the housing, just like the right to dispose of it.

However, to avoid unpleasant moments, it is better to draw up a separate agreement. You just need to take care of its notarization in order for it to acquire legal force. Such a document will come in handy if questions arise regarding registration without the right to real estate.

How to apply for temporary registration and what documents are needed?

How to register in an apartment, read here.

What documents to change when changing your registration, read the link:

It is mandatory to indicate in it:

  • A specific period, otherwise the registration itself will be indefinite;
  • Then they indicate that a person who has a residence permit does not have the right to dispose of it;
  • It is also important to indicate who the person you should register is. If this is not done, in court your distant relative, for example, will be recognized as your close relative, and then you will have problems.

Why is it dangerous for homeowners?

Not only private individuals can be owners of residential premises. Municipalities and industry departments can act as their owners. A person's registration in municipal housing gives him the right to participate in privatization if he has not previously taken part in this program.

So, what are the consequences of permanent registration for the owner? For homeowners, it can create great difficulties when selling real estate or obtaining collateral to obtain a loan.

It is not so easy for the owner to discharge a person from an apartment, even through the court. This is especially difficult to do if the person registered in the apartment is a close relative of the owner. Difficulties also arise when inheriting residential premises.

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