One of the documents that is often required during various operations related to obtaining regulations is a house register. Despite its significance and frequent use, this document and all information contained in it have only legal significance. On the basis of this paper, certificates are issued regarding the number of residents living in the building who enjoy the rights to this area. Quite often there are situations when, when carrying out certain procedures related to an apartment or house, the owners discover that the house book has been lost. What to do in this situation and how to restore the house register?
How to recover?
A house register is exactly that type of document that, as a rule, exists in only one copy and is stored in a special HOA organization. If it is lost or damaged, the only way to get this paper again is to restore it (in fact, this is the creation of a new house register).
This procedure is quite difficult, because the house register can only be restored by submitting an application to the public service center.
In addition to the application itself, you also need to prepare the following package of documents:
- copies and originals of identification documents (passport, IC, birth certificates, etc.);
- certificate from the address bureau;
- real estate documents confirming ownership (if this paper is missing, you need to contact the BTI with a request to restore it);
- receipt for payment for the creation of a new house register.
Attention! In some cases, center employees may require confirmation of the authenticity of documents for housing, and therefore contacting the BTI will be a prerequisite.
After the document has been restored, you need to contact the passport office, where the registration data regarding the actual place of residence of everyone registered in the apartment will be updated.
How to restore a house register if it is lost
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With the introduction of computer technology, our lives are gradually being transferred to a digital format. This also applies to the house register, which serves to record individuals registered at the place of residence in a particular house.
Since April last year, administrative regulations have been applied, approved by Order of the Ministry of Internal Affairs of December 31, 2017 No. 984, which cancels the registration of house books. However, those previously issued have not lost their status as a legal document.
Therefore, many Russians are interested in how to restore a house book instead of a lost one.
Concept and purpose of a house register
A house register (DK) is a special journal intended for entering information about persons who currently live or have once lived in an apartment or house since the housing was put into operation.
With the help of this document, information is provided on the movements of citizens and administrative records are carried out on the territory of the Russian Federation.
The abolition of house books in Russia in 2020 provides that the registration service for residents of the country, both at the place of residence and at the place of stay, is provided by the territorial bodies of the Ministry of Internal Affairs. That is, unlike the previously valid procedure, it is impossible to obtain a certificate of registration or family composition from the management company for the house register.
However, this document has not completely lost its relevance at the present time.
The article “House book for a private house” will help you understand the reasons for this phenomenon.
The lack of a house register should not be taken lightly, because it may be required in the following cases:
- sale or exchange of real estate;
- privatization of an apartment;
- registration or registration in an apartment building or private house;
Many people are interested in whether a house register is needed, taking into account the changes made to domestic legislation last year. Let’s answer this question this way: in some cases, this document will not only come in handy, but without it, planned real estate transactions may be completely disrupted.
The fact is that in a number of administrative-territorial units of our country the era of electronic document management has not arrived.
And although registration certificate Form 9 is also issued by Multifunctional Centers, the abolition of the house register has caused the formation of huge queues in these organizations. Because of this, obtaining such a certificate is often delayed by 30 days.
During this time, the buyer of the apartment can find another, more profitable option for him. As a result, the real estate seller will be left with his square meters while waiting for another citizen who wants to enter into a DPA (purchase and sale agreement).
Homeowners often wonder whether it is possible to restore a house register if it is lost or has become unusable. Let's say right away that this is impossible to do. The only option for continuing to maintain records is to register a new DC.
It is worth noting the former loyalty of domestic legislation regarding this issue. It was enough to present a new house register to the FMS division without providing its old copy.
Consequences of the abolition of the house register in Russia
Before house books were abolished last year, the provisions of Order of the Federal Migration Service of the Russian Federation dated September 11, 2012 N 288 were in force in Russia.
The changes made to the legislation are aimed at ensuring the protection of citizens’ personal data.
In the administrative regulations of the Ministry of Internal Affairs of the Russian Federation “On the provision of public services for registration accounting...” that came into force in April last year, house books are not mentioned.
The registration of Russians was transferred from paper archives to the databases of the domestic law enforcement system on electronic media.
Against this background, the question arises whether the house register has been canceled or not as a document capable of confirming the fact of registration of a person at a certain address. The answer in this case is: it still performs this function.
At the same time, there is one important point: the decision on how and to whom to provide information about the people registered in the housing is made only by the owner of the square meters.
Without his knowledge, a certificate of registered persons is issued only at the request of departments that have the legal right to do so:
- Pension Fund of the Russian Federation,
- social protection authorities,
- courts,
- prosecutor's office,
- law enforcement agencies and other institutions.
But even in these cases, no one will provide such information without reason. This may include a background check, a trial, or a criminal proceeding.
A kind of passport for an individual residential building was the house register for a private house or apartment. When the owner changed, it was transferred to the new owners, that is, it followed the structure.
This document was required:
- when determining the list of benefits that residents could count on;
- if it was necessary to prove the fact of residence in Russia;
- in case of loss of a passport, when it was necessary to confirm the registration of a citizen in a household;
- to resolve housing disputes;
- if the owner wishes to sell the house.
Legal significance of the old house register opened before cancellation
In the context of the topic under consideration, real estate buyers are interested in whether persons who will retain the right to use the housing after a change of owner will register in the apartment without a house register. These include the following categories of citizens:
- placed in orphanages;
- those who went to study;
- drafted into the army;
- convicts.
From this point of view, all the information contained in the old house book remains relevant. Therefore, it is necessary to include in the DCT a clause according to which the seller guarantees the absence of encumbrances on the apartment from third parties.
All information about the residential premises and who is registered in it is contained in the above-mentioned registration certificate Form 9. It is this that, after the cancellation of the House of Culture, is requested by citizens for:
- registration confirmation;
- making transactions with real estate;
- carrying out the housing privatization procedure;
- registration of inheritance and other transactions with real estate.
There is no charge for the production of this document. Certificate 9 is issued at the passport office, usually on the day of application. It reflects the following information:
- the number of citizens currently registered in the apartment;
- how many persons were previously registered in housing;
- No one is registered in the residential premises.
Visitors to thematic Internet forums complain that they are refused to issue this certificate under the pretext of arrears in paying utility bills. You should know that the refusal in this case is unlawful.
The legislation does not define a specific time frame for the validity period of Form 9. Individual institutions and organizations set the value of this parameter, taking established legal practice as a basis - 30 days from the date of issue of the certificate.
How can I get basic information?
The process of obtaining certificates is strictly regulated. Currently, there are a number of organizations operating whose services a citizen can obtain the necessary document.
First, let's mention where to get Form 9. The owner of a real estate property can receive this certificate, regardless of whether he is registered at the specified address.
The following institutions issue this document:
- registration department in the local executive authority;
- Main Department of Migration Affairs of the Ministry of Internal Affairs;
- Passport Office;
- HOA, housing office;
- State Services portal;
- MFC, if a corresponding agreement has been concluded between the Center and the federal government in the region.
Form 9 through State Services is issued only to citizens who have their own account on this resource. By logging into your “Personal Account”, the user must:
- Choose .
- Please indicate your preferred location for receiving the certificate.
- Wait for a response from the selected institution with an invitation to an appointment.
To receive a certificate you must present an identity card.
An extract from the house register through the MFC is issued to citizens who contact the Center and fill out the provided application form. You will need to indicate the type of statement required: archived, extended or regular. After this, you need to hand over a package of documentation to the MFC employee.
If, as a result of checking the papers, no questions arise, the specialist will set a date for receiving the extract. All you have to do is come on the specified day to receive this document.
Form 12 for an apartment will be required in the following cases:
- during a divorce when dividing jointly acquired property;
- when receiving an inheritance;
- when housing is transferred into ownership from one citizen to another under the DCT;
- when receiving a loan, including a mortgage.
You can get it:
- at the passport office at the applicant’s place of registration;
- through State Services;
- in the MFC;
- using Russian Post.
Certificate Form 7 is otherwise called “Characteristics of residential premises”. This document is a kind of simplified analogue of an extract from the Unified State Register or a cadastral passport. It states:
- year of construction of the building;
- information about the redevelopments carried out;
- number and size of rooms;
- number of storeys of the building;
- materials of supporting structures.
A certificate is issued at the MFC, at passport offices and through the State Services web portal.
The document in form 33 is now known as certificate form 11. Since 2020, a funeral benefit has been issued on its basis.
The document is issued to the relatives of the deceased simultaneously with the death certificate on stamp paper after contacting the registry office, and is issued at the place:
- last registration (registration) of the deceased;
- the location of the medical facility where the death was recorded;
- death of a civilian.
What should heirs do in the event of the death of the owner in the absence of a house register?
Many people are interested in how to register an inheritance if the house register is lost. Analysis of Art. will help you figure it out. 1115 of the Civil Code of the Russian Federation “Place of opening of inheritance.” According to this document, a DC is not required to enter into an inheritance.
It may only be needed if other important data is missing. In particular, in the event of loss of a personal document, the heir needs to draw up documents at the passport office confirming that the last place of residence of the deceased testator coincides with the specified address. These papers will play a decisive role in the consideration of the inheritance case.
You should also bring to the notary:
- death certificate;
- extract from the Unified State Register of Real Estate;
- documents confirming the relationship of the heir to the testator.
For all this, 6 months are allotted from the date of death of the testator. Otherwise, the right will pass to the next in line of succession.
Conclusion
The house register was a kind of passport of the property. It included information about citizens registered in housing. The general procedure for registering individuals, as well as their deregistration in an apartment, does not differ from the sequence of these actions in a private house. Although since April 2020 the authorities of the Ministry of Internal Affairs of the Russian Federation have stopped issuing house registers, previously issued documents remain valid.
Source: https://pravovdom.ru/kvartira/registraciya/kak-vosstanovit-domovuyu-knigu.html
How to change?
There are also quite frequent situations when there is a need to update an existing house register. This may be due to the fact that the valid original has been damaged or corrupted.
To carry out this procedure, you need to prepare the following documents:
- old house register (which is planned to be replaced);
- passports and IDs of all residents of the apartment (originals and copies thereof);
- certificate from the address bureau;
- housing documents confirming ownership;
- receipt for payment for the service of creating a new book.
All collected documents are transferred to the public service center.
Registration of minors: how to register a child in another apartment
It should be noted right away that there are no copies of house books. This document can be restored based on data from archival forms No. 16 and No. 17, which are stored in the HOA. According to the order of the Federal Migration Service of Russia, in the event of damage or loss of the house (or apartment) register, obtaining a new house register is possible on the basis of a written application from the owner of the apartment (or house).
First of all, you need to understand that the house book exists in one single copy and there are no copies of it.
Once the document is ready, you can obtain information about all registered citizens in the housing.
These forms are kept in the custody of the Homeowners Association (HOA). When the question arises of what to do if a book is lost, there is only one answer - restore it! In order to restore it in case of loss or damage, you must submit an application to the Territorial Public Service Center.
Once the document is ready, you can obtain information about all registered citizens in the housing.
A house (apartment) book is a journal containing information about the people living in the premises and has legal force.
Documentation is attached to any residential premises, and if several people own a private house, then a separate log can be formed for each.
The registration of Russians was transferred from paper archives to the databases of the domestic law enforcement system on electronic media.
The cost of restoring a house register varies depending on how much time you want to spend on this procedure.
This document contains the most important information about all citizens who have been and are currently registered in this real estate.
How to check out?
The discharge procedure also requires the preparation of certain papers, on the basis of which the service center would have the right to discharge the subject:
- housing documents (original and copy);
- a “purchase and sale” agreement or any other legal document confirming the transfer of property rights;
- personal documents (passport, passport).
Attention! If a minor is discharged, you must also prepare an original and a copy of the birth certificate.
The process itself can be implemented in two methods:
- Through a legal organization. This method may be simpler, but the services of a specialist are expensive (the cost of an extract in this case can cost up to 8 thousand rubles).
- Through a government agency (housing office). This method will be completely free, but it will require additional time and effort.
What should heirs do in the event of the death of the owner in the absence of a house register?
When submitting your application, you must have the following list of documents with you:
- original and photocopy of the passport of all persons living in the apartment (minor citizens - birth certificate);
- certificate issued by the address bureau;
- original and photocopy of a document confirming the right of ownership of residential real estate. This document can be obtained from the BTI;
- payment receipt for registering a new house register.
After registering a new form of a residential building, the owner has the right to enter the previous information about the residents (information is obtained from the municipal archive or the database of the Ministry of Internal Affairs of the Russian Federation) or start keeping the book again.
Strangely enough, there is currently no normative definition of the concept of “house book” (otherwise known as apartment book) in Russian legislation. But on the other hand, this concept (“house book”) is available or mentioned in a number of Russian legal acts. Documents confirming that a person has the right to own or dispose of residential premises are considered to be documents of title. For example, if an apartment has been purchased, the owner must present a purchase and sale agreement to a government official.
What do you need to know upon discharge?
The house register, the restoration of which has been carried out, comes into force after registration and is considered an already valid document. In this case, the old original is invalid and cannot appear in regulatory documents.
What features of various operations with this document you need to know:
- To sign out of the house register yourself, through a government agency, you do not need to pay for anything. This procedure is free, and therefore if they demand money from you, ask them to justify this request by current legislation.
- A person who has arrears for utility services has the right to check out without additional permits. Service center employees have no right to refuse in this case.
- A certificate of family composition is considered valid only for 30 days, but some authorities are more demanding of this document and therefore set a period of 14 days.
- If spouses live in the same house, but are registered in completely different apartments, then a certificate of family composition is taken separately (according to the registration address).
House book for a private house
The legislation does not explain the term in any way - today there is no clearly defined concept by law of what a house register is. Only Order No. 288 of the Federal Migration Service of Russia dated September 11, 2012 approved the form of the document. The order is no longer in effect, but the form is still in use.
- passport of a citizen of the Russian Federation or other identification document for foreign citizens who have entered the territory of the Russian Federation;
- a document confirming ownership of the house - today this is an extract from the Unified State Register of Real Estate;
- a notarized power of attorney from the owner of the property, if you do not have ownership rights to it.
Archival extract
All procedures for extracting and registering residents have been preserved for many years, and therefore, if the need arises to track the history of the house, you can make a request asking to provide an extract from the house register for a certain period of time or the entire period of existence of the housing.
Applying for an archived extract is equivalent to the standard procedure for obtaining an extract and is a completely free service. The only distinguishing feature between these two applications is the inclusion in the application of a request to provide information not only about those who are currently registered, but also about all previously residing entities.
Important! The preparation time for this statement is usually about 7 working days. In rare cases, this process can take up to 14 days.
What is a house book?
A house book is a special document or journal in which all information about the persons living in the property is entered . It contains not only information about the current residents, but also about all those persons who have ever lived in the house or apartment since the object was put into operation.
Both private houses and ordinary apartments have a house register . In the first case, the current resident of a private house is appointed responsible for storage, in the second case - either the HOA of the apartment building or the selected senior resident.
In 2020, the registration of citizens is carried out by a department of the Ministry of Internal Affairs, which replaced the Federal Migration Service. Previously existing documents and regulations are no longer relevant. That is, in fact, today the house register has been abolished and is no longer necessary. However, valid copies of the document still have legal force.
The house book has an A4 format of 10-20 sheets and contains the exact address of the property, information about the owner and the data of all persons ever registered in it.
A house register is created for all types of isolated housing: houses, apartments or rooms in communal apartments . In order for a document to receive legal force, it must be stitched, numbered and registered at the department of the Ministry of Internal Affairs of the Russian Federation.
The purpose of the house book is as follows. It is necessary in situations:
- completing transactions for the purchase and sale of housing;
- receiving benefits and allowances;
- privatization of housing;
- passport renewal;
- hereditary disputes.
Previously, an extract from the house register was the main document when making real estate transactions . Today this information has lost its significance, but in certain situations the house register needs to be restored. We will tell you what is needed for this below.
Registration of a house register for a private house
The legislator does not provide for an archive for storing house books of owners of private houses, so the burden of storage falls on the owner of the home. The house register passes along with the property from one owner to another. It should also be clarified that the current legislation does not provide for any sanctions for damage or loss of a document, since the “archivist” is the owner himself. Therefore, if the house register is lost or destroyed, you will only need to pay a state fee.
Current legislation, as well as internal orders of the Federal Migration Service and the Ministry of Internal Affairs, require the mandatory completion of a house register for each household, no matter whether it is a private house or an apartment. A house register is created and maintained for the purpose of recording information about persons who have been registered or are currently registered in residential premises.
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The situation is this: the father died, he was the owner of a private house with a plot, and was registered there. The house book could not be found after his death (either he hid it “well”, or it was lost, or it was thrown out with the trash - it’s completely unclear). Thus, I (daughter) cannot receive a certificate of inheritance.
I decided to try to get at least a certificate confirming that my father was registered in this house and owned it. BUT! From the passport and visa service they are sent to the district administration, from the administration to the passport and visa service. Both of them unanimously declare that they cannot give me anything without a house register. The circle is closed.
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Is it necessary to register a house register for a private house in 2020?
Until the end of 2020, the house register was an important document, without which it was impossible to register, obtain or change a passport, or take out a bank loan. It was drawn up in the form of a journal in which the homeowners and people registered in this house entered. The owners were also obliged to keep the book, if necessary, contact the FMS to make any entries in the book.
- passport (for Russians);
- Residence permit (for foreigners who have received permission to reside in Russia);
- a foreign passport (for foreigners without a residence permit);
- papers confirming ownership of a residential property (extract from the Unified State Register of Real Estate, will, deed of gift, etc.).
Where to get an extract from the house register
- Certificate of ownership;
- The applicant’s identity card (most often a general passport);
- A certificate from the address information bureau or other official paper with a mark of registration at the place of residence or temporary stay;
- Receipt of payment for the form (or document form - the applicant can independently purchase it in the store).
In the absence of any grounds for refusal, the applicant will be issued an extract on the day of application based on the submitted application with the attached package of papers:
