The right of a person to live in a specific house or apartment is supported by documents. Previously, this was called registration. This concept is outdated, but you still need to visit the Main Department of Migration Department of the Ministry of Internal Affairs to register. The question arises about what documents will be required. To register, ownership must be established. This article will answer questions about whether an extract from the Unified State Register is needed for registration and whether an electronic version of the document is suitable.
Do I need an extract from the Unified State Register of Real Estate for registration?
It’s worth starting with the fact that the very concept of “registration” is hopelessly outdated. This legacy of the Soviet past is now mentioned by ordinary people who are mistakenly convinced that “registration” gives the tenant something more than the right to live in an apartment.
In practice this is not the case. Registration in the current legislation has been replaced by the concepts of “registration at the place of residence” and “registration at the place of stay”. The first gives the right of permanent residence, and the second temporary.
The list of documents for each type of registration is contained in the still in force Decree of the Government of the Russian Federation of July 17, 1995 No. 713 (hereinafter referred to as the Decree).
Part 2 clause 9 and part 3 clause 16 of the Resolution contain a list of documents required for registration. In both cases, there is a document that is the basis for moving in. Previously, this role was performed by a certificate of ownership. For several years now, this document, the usual green card, has not been issued. Since January 2020, an extract from the Unified State Register has been issued, which confirms the rights of the owner.
However, these same paragraphs indicate that the document justifying the move-in does not need to be submitted if it is at the disposal of state bodies. It will be requested as part of interdepartmental cooperation. Information for an extract from the Unified State Register is contained in the Rosreestr database. From there, request them from the GUVM department responsible for registration at the place of residence or stay.
Thus, the conclusion is drawn: it is not necessary to provide a certificate from the Unified State Register of Real Estate for registration at the place of residence or stay. However, there is no ban on this. If the applicant has a ready-made document, he has the right to present it, this will simplify the work of the GUVM employees and speed up registration. So, if you have an extract, registration can take no more than 3 days. Otherwise, you may have to wait longer as the information provided by the applicant must be verified, which means more time will be required.
Attention! A newborn child can be registered at the place of registration of either parent.
An extract of ownership is not required; a parent’s passport with a registration mark is sufficient.
Registration at a legal address - what does this mean for a foreigner?
According to the norms of Russian legislation, the place of stay of a foreign employee is a residential premises, which is not his place of residence, but also any other premises (including non-residential ones), company or establishment in which the foreign employee is actually located and/or in which it is subject to state registration.
And if previously a foreigner had the obligation to carry out state registration at the place of residence, then from June 27, 2018, changes were made to migration registration, according to which registration is carried out by the receiving party - organizations and individual entrepreneurs. In other words, domestic entrepreneurs now have the legal opportunity to register foreign workers with state migration records at their place of work (i.e., at the legal address of the company).
Foreigners have the right to register with the state regardless of whether the employer (company) owns residential real estate or not. The very fact of the presence or absence of such real estate is not decisive when registering a foreign employee with the state.
Thus, the purpose of registering an immigrant with the state is to be able to find him at this address, regardless of whether he works there, lives there, or is simply visiting his distant relatives.
Temporary registration for a legal entity. address. Rules for immigrants:
- Temporary registration is justified if the foreigner will stay at the enterprise for a short time, for example, on a business trip, to perform service work, to improve qualifications, etc.
- The employer is obliged to notify the migration department about an employee arriving from abroad. Similarly, you will need to notify the department upon his departure. Notification of a foreigner's arrival at his place of stay can be sent by mail. The form is filled out in two identical copies and handed over to a Rosposhta employee for verification. Copies of the immigrant's documents are attached to the notification.
If legal the person does not notify the migration department about the foreigner who has arrived to him, then he will face an administrative fine. And the foreigner faces deportation and an entry ban.
How to get an extract
So, if you decide to provide an extract, then you need to decide to do it with a personal visit to the state. organizations issuing data from Rosreest, or issue a certificate online.
Anyone can order a document on the main characteristics and rights to a property.
The main thing is to pay the state fee and provide documents:
- passport,
- application for an extract,
- power of attorney (if the certificate is ordered by a representative),
- receipt of payment of the duty.
To obtain an extract, the applicant can personally or through a representative submit documents to:
- Cadastral Chamber of Rosreestr,
- Multifunctional center (MFC),
The nominal stated readiness period for the extract is 3 days. In practice, it takes about a week to receive a paper document after ordering from the MFC or Rosreestr. After the documents are accepted, the applicant is given a receipt indicating the date of readiness of the extract and a number by which you can check the stage of execution of the application.
Registration of a foreign citizen in Russia
Info
To carry out the procedure you need:
- draw up a statement of claim for deregistration of a foreign citizen;
- submit a statement of claim, along with documents for the right of ownership of the real estate indicated in it, to the district court at the location of the living space;
- await the start of the court hearing.
If the defendant in your claim does not appear at the hearing, the procedure for his discharge may be significantly delayed. The consideration of the case will be postponed, but all this time the person will formally continue to be registered in your living space.
Discharge from municipal housing Discharge of a person from a non-privatized apartment is much easier than in the previous case.
The following circumstances will serve as the basis for a court verdict in your favor:
- use of housing for other purposes;
- antisocial behavior and disorder;
- non-payment of utility bills;
- absence of a tenant at the specified address or living in another living space.
In this case, not only the owner, but also the neighbors can file a claim. If a newcomer living in a municipal apartment has converted it into a warehouse, a store, or violates public peace, then the neighbors have the right to demand his eviction in court.
Important
To remove a person from an apartment, you must write a notice to the municipal authorities. They are required to notify the tenant in writing, after which a statement of claim is drawn up and submitted to the court at the address where the living space is located.
The judicial authorities will consider the case and make a decision on eviction and deregistration. Features of the deregistration of foreign citizens depend on the type of registration. If the registration is temporary, then deregistration from the apartment will not be difficult - just contact the FMS and demand early deregistration, or wait until the registration period expires. However, if a foreigner is registered on a permanent basis, or you need to discharge him before the expiration of the registration period, then his eviction occurs only by court decision. Dismissing a foreign citizen from an apartment through the court Discharging a person from a privatized apartment will not be very difficult.
The reason for this may be the prolonged absence of a person registered in it. If the property was privatized before marriage, then divorce may become grounds for the legal eviction of the spouse who does not have ownership rights.
Receive online
You can issue a document remotely. To do this, it is enough to have an active email and a means of payment via the Internet.
You can submit an application at:
- government services portal,
- Rosreestr website,
- intermediary sites.
Attention! In the near future, a service from Sberbank should be launched, which will allow any user to receive statements through Sberbank Online.
To order on the Rosreestr website, all you need is:
- log in;
- select “public services”;
- select the desired type of statement of title to the property.
After that, all you have to do is fill out a short form. It must indicate:
- type of statement,
- Object type,
- the exact address,
- desired form of certificate,
- E-mail address,
- applicant details,
- details of the representative if there is one.
After sending the application, information for payment of the fee will be sent to the specified email. For individuals, its price varies from 300 to 700 rubles. You can pay expenses with a bank card or from an electronic wallet.
You can also issue an extract through the government services portal. This resource serves as a link for user communication with most government agencies. Although the portal itself does not provide help, it makes it easier for the user to find information about the service and receive it. It will automatically redirect the user to the Rosreestr resource. The portal password and login are suitable for the Rosreestr website.
There are also third party sites that use the registry database. Their advantage is the speed of receiving the document. Most of them will send a statement on the day of application.
Attention! To order, you should use only trusted resources, otherwise there is a risk of providing your data to scammers.
Eventually
Summarizing the above, it should be noted that as of today, a foreign worker has the right to choose to be on the migration state register either at his residence address (residential real estate) or at his place of employment - i.e. at the legal address of the company. This means that he has the right to register only at one of the addresses mentioned above. So, if he already has legal registration. company address, then there is no need to obtain another registration in the residential premises.
There are no special requirements for the address for registering a foreigner with the state at the location of the company or at the address of residence in the legislation. There is only the main thing - this corresponds to the address of state registration with the place of real residence of the foreigner.
At the same time, we emphasize that the employer should not allow a foreigner to delay the state registration period, and if there are no legal grounds for his stay in Russia, he must leave the state before the end of the state registration period.
Please note that this article is for informational purposes only and does not provide services for registering foreign citizens.
Discharge a person registered under a temporary residence permit from home
If the local Main Directorate for Migration Affairs of the Ministry of Internal Affairs equates permanent migration registration with permanent residence of a foreign citizen in a home, then withdrawal is possible only through the court.
In practice, they decide either this way or that way. There is also uncertainty in the law, because everything is left to the local units of the Main Directorate for Migration of the Ministry of Internal Affairs of the Russian Federation.
But one thing can be said: it’s possible to remove a foreigner, it’s just a matter of timing and hassle.
The Law does not directly indicate the process of removing foreign citizens who are on permanent migration registration from permanent migration registration and does not describe the procedures for such removal.
How can an owner discharge a temporarily registered person ahead of schedule?
To understand the procedure for removing temporary registration, you should familiarize yourself with some regulations.
The most detailed procedure for the actions of FMS employees when removing citizens from temporary registration is prescribed in FMS Order No. 288 dated September 11, 2012. This legal document contains regulations for the provision of this government service for registering people at their place of stay.
The basic rights and obligations of apartment owners and persons who have received the right to use residential premises are established in Chapter 5 of the Housing Code of the Russian Federation. This regulatory act specifies cases in which a citizen may be deprived of the right to use a specific apartment.
Temporary registration automatically expires if the period for which it was granted has expired. To do this, you do not need to contact government authorities or take other actions.
If the owner wants to expel a citizen from the apartment to whom he has provided housing for use, then he must do several simple operations:
- prepare an application in the prescribed form;
- attach the necessary package of documents to it;
- send to the territorial body of the Federal Migration Service at the location of the apartment.
If the temporary registration of a parent is terminated, then his child is also discharged from the apartment. Only a minor cannot be deregistered.
Application form for discharge
Purchase and sale procedure
Package of documents
The main document that a foreigner will need to complete a transaction for the purchase and sale of an apartment is a passport. It must be translated into Russian and notarized. If the translation is made by a foreign notary, then it is important to obtain an apostille.
If a non-resident purchases real estate
There is an opinion that a foreign citizen can buy an apartment only if he has a residence permit in Russia. This is actually a misconception. A residence permit is a document confirming the right to permanent residence in the territory of the country in which it was issued. Accordingly, it has nothing to do with the acquisition of real estate.
The law does not prohibit a foreigner from purchasing or selling real estate and immediately leaving the country. Therefore, it is only permissible to have documents confirming the right to stay on the territory of the Russian Federation. It could be:
- Resident card.
- Temporary residence permit.
- Work permit.
- Migration card.
- Visa.
These are all the necessary documents that a foreign citizen - buyer of real estate will need if he acts in his own interests.
If he implements it
A foreigner selling an apartment will need additional documents for the apartment. Their list includes:
- Title papers (certificate of inheritance, purchase and sale agreement, exchange, donation).
- Certificate of state registration of ownership of the property.
- An extract from the home book, which confirms that the seller is registered in this apartment.
- Explication and floor plan (issued by BTI).
Features of concluding an agreement and its registration
The purchase of real estate is necessarily accompanied by the conclusion of a purchase and sale agreement. This document is drawn up in simple written form in the presence of a notary and certified by him, in accordance with the requirements of the legislation of the Russian Federation.
The purchase and sale agreement must contain:
- Details of the parties.
- Subject of the agreement (description and technical characteristics of the apartment).
- Price.
- List of persons indicating rights to use the apartment.
Before signing the agreement, the parties need to carefully read it and study the terms of the transaction.
In particular, you should pay attention to the following points:
- Is there a clause in which the seller declares the absence of encumbrances on the property.
- Does the contract stipulate that the seller will vacate the living space after the transaction is concluded?
This is important to know: P 5 tbsp. 488 of the Civil Code of the Russian Federation: the seller’s right of pledge for an apartment
After signing the agreement, the transaction is considered concluded, but it acquires legal force only after state registration. This can be done at the local real estate registration authority or at a multifunctional center (you can find out more about registering property rights during a purchase and sale transaction here). Both parties to the transaction must be present during registration.
After registering the purchase and sale agreement and signing the deed of transfer of the property, the parties can proceed to settlement.
Nuances of calculations
Settlement of a transaction involving foreigners is no different from a similar process for Russian citizens. At the same time, the stage of transferring money is the most responsible and difficult. The settlement procedure is determined by the parties to the transaction. Typically used:
- Bank safe deposit box. One of the most popular methods. The buyer places the amount necessary to purchase the property in the box and, after completing the transaction, transfers its contents to the seller. It is important to pay attention to two aspects here: carefully study the conditions for opening a safe deposit box and take care of a reliable way to verify the authenticity of banknotes.
- Bank letter of credit. The most modern method of payment, the guarantor of which is the bank. It has only one drawback - the need to pay for the services of a guarantor bank. In addition, not all banks provide such services.
- Simple cash or non-cash payment between seller and buyer. We strongly do not recommend this method, as there is a high risk of being deceived.
Due to the complexity of the procedure and the fairly high cost of real estate transactions, it is one of the most favorite areas for fraudsters. There are dozens of different ways to deceive customers. Therefore, we recommend using the services of lawyers to confirm the purity of the transaction.
Duty
As mentioned above, the costs of completing the transaction are usually borne by the buyer.
The time frame for Rosreestr to carry out the necessary actions to register real estate depends on the method of submitting documents:
- Up to 7 days if the package was transferred directly to Rosreestr.
- Up to 9 days if documents were submitted to the MFC.
- Up to 2 days if documents were transmitted electronically.
How can an owner remove a temporarily registered person from an apartment?
The state constantly keeps records of the places of residence of citizens. Although the strict institution of propiska has been replaced by registration, people are still required to notify authorities about where they live permanently or temporarily. This is required for planning the development of human settlements and for exercising certain rights of citizens, for example, for organizing elections to government bodies.
Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to find out how to solve your particular problem , contact a consultant:
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All people after undergoing the procedure can count on receiving some social benefits:
