How to register in a house when buying a home with a mortgage?
There is no state duty charged when registering citizens of the Russian Federation in their places of residence.
Foreigners are entitled to a fee of 350 rubles. Processing time (through MFC) – 8 days (working days). Through the passport office and the Gosulugi portal as well.
A person can have one registration; when moving, he needs to go through the procedure of registration, then registration in a new place. Employees of the institution collect the citizen’s passport on the day the application is accepted. And they return it upon completion with a mark of new registration.
How to register in an apartment if the owner has left depends on the status of the person being registered:
- One parent has the right to register a minor child without obtaining the consent of the other. If they are scheduled and live together. Otherwise, the approval of the former half will be needed (written).
- The owner's relatives can be his representatives if he has a power of attorney from the latter. Employees sometimes refuse to carry out such transactions, suspecting fraud.
- The legal spouse, if he is a co-owner, has the right to register people in a common apartment with the consent of the absent half in the city.
Otherwise, residents will have to wait for the owner.
You can change your registration address by writing an application certified by a lawyer. It will confirm the identity of the author, his intentions and knowledge of the situation. Subsequently, the document is transferred to a third party who is present at the place where the citizen plans to register.
The scheme works when the owner of the property is actually absent, but wants to register people with him. He has the right to draw up a power of attorney and transfer it to a third party, who will temporarily act as the owner of the home. Such rules apply in accordance with the provisions of Article 185 of the Civil Code of the Russian Federation.
The two concepts have many similarities, but also differ in many ways. The term “registration” appeared in the 90s, when the Soviet authorities Fr.
Permanent registration is compared with registration
Similarities | Differences |
Indefinite. Valid as long as the property to which the citizen is attached remains in existence. | Registration is temporary, registration is not. |
Required for everyone. The discharge procedure involves agreeing to register in a new place. | Temporary registration (TR) shows the period of a person’s stay in the country. |
Confirms the owner's property rights, if any. It is extremely difficult to evict a registered tenant. When selling an apartment and purchasing a new one, the owner will have to negotiate with the people living there. | Having a VR, a person can simultaneously obtain a permanent residence permit. Many people don’t need it and it doesn’t allow them to manage real estate. |
The consent of other owners is required. In addition to purchasing a share. | VR must be renewed periodically; it is valid for 5 years. |
Gives a number of obligations. A registered person must take care of housing and pay utilities on time. | VR is not in the passport, the person receives a separate certificate. |
Social benefits. Without it, it is more difficult to find a job, enroll children in preschool and school, and receive medical care. | VR contains useful information. Having changed the city, the newcomer is required to register after 90 days of residence there. |
When thinking about how to register in an apartment, a citizen must understand the differences between registering and obtaining a residence permit. And avoid getting caught by scammers who often offer temporary registration to new arrivals.
When buying your own home, many questions often arise, the most common of which relate to registration. We will talk about whether a “newly minted” property owner needs to apply for registration in his apartment, what the procedure is, and we will study the documents that need to be submitted to the Federal Migration Service or any other body that registers citizens at their place of residence.
The property has been purchased, the purchase agreement has been signed and the property documents have been sent to the registrar's office. What should we do next? Is it necessary to register in the purchased property?
The standards for registering citizens at their place of residence are regulated by government decree number 713. Based on this law, citizens who have received residential property by exchange, purchase, gift or inheritance are subject to permanent registration.
The owner can register his family members, including newborns, into the apartment without ownership rights. Read where you can register a newborn baby here. Each registered person has the right to use the area in the manner prescribed by law.
Registered persons entitled to a share of the real estate cannot make any manipulations with it without informing the other owners of the apartment.
The registration procedure is carried out at the regional passport office, and in the absence of one, at the Federal Migration Service.
To register in your own apartment, you must provide the registration authority with the following documents:
- an application drawn up on a prescribed form (issued at the passport office or other registration authority);
- a document that confirms the identity of the person being registered (passport);
- certificate of ownership.
More information about what documents are needed to register in an apartment is here. In this article you will find a more complete overview of the documents required for registration of children and spouses.
The procedure for registering your square meters is no different for the owner. If members of his family are registered along with the owner, then their documents must also be submitted to the registration authority.
- Passports or birth certificates;
- Documents that confirm the relationship between the owner of the property and the applicant.
The owner of a residential premises can register not only relatives at this address.
People who are not family members of the owner also need to present passports and fill out applications. And the owner of the property must confirm his consent to the registration of residents with his application. Everyone must appear at the registration authority together. Passports are handed over to the registration authority employee, and all that remains is to wait for them to be received in your hands. In practice, this procedure does not take more than a week.
To receive passports with a new registration, each family member who has reached the age of majority must come in person, since they will need to leave their signature in the register book.
When buying a living space, a logical question arises: do you need to register in it? Lawmakers offer only two options.
- Not necessary if you do not intend to live in the purchased property.
- It is necessary if you are registered in another place, but plan to live in the purchased apartment (in this case, you can register temporarily, not permanently).
When choosing a place of registration, it is worth remembering that registration cannot be obtained at two or more addresses at the same time. That is, each citizen can be registered exclusively at one place of residence or temporary stay. At the same time, everyone can have an unlimited number of apartments and other real estate.
The mortgage lending market is expanding and growing, at least this is what bank brochures report. We will not describe the stages of buying an apartment with a mortgage; we will only touch on the problem of registering in such housing.
A pitfall when buying a home with a mortgage can be an inattentive reading of the contract or a misunderstood meaning of what is written.
One of the puzzles for new owners is the question of the possibility of permanent registration on the premises. The answer to this is far from clear, since Russian laws do not strictly regulate the procedure for registration in a residential area taken on a mortgage. That is why it is worth finding out all the conditions from the credit institution.
If the bank opposes the owner’s registration in the home, and this must be done, then you can arm yourself with articles numbered 346, part 1 (Civil Code) and 29 (federal law “On Mortgage”). The application must be submitted to the court, citing these articles. In most cases, the court obliges the bank to give permission for registration.
If we consider a mortgage from a legal perspective, then the owner of the home (even if purchased on credit) is the citizen in whose name the property is registered. His right to property is confirmed by a certificate. In this case, the banking organization is the mortgagee of the real estate, and therefore an encumbrance on the residential premises is issued.
The registration of third parties who are closely or distantly related to the owner is also quite often regulated by a banking agreement. If the bank prohibits the owner from registering relatives and other citizens in the mortgaged apartment, you can go to court, since these requirements are unlawful.
Registration in an apartment purchased as property is completely optional. But in order not to break the law and not receive a fine, it is necessary to register permanently or temporarily in the apartment where you will live. If the owner plans to officially rent out the apartment, then he may not have a residence permit in it.
When deciding to register in a mortgaged apartment, you should carefully study the agreement concluded with the bank and follow the requirements specified in it - if the bank does not prohibit registration, then you can send the documents to the registration authority.
For additional information on this issue, please refer to the “Registration” section here.
Moscow and Moscow region (toll-free call)
St. Petersburg and Leningrad region
Attention! Due to recent changes in legislation, the legal information in this article may be out of date!
Registration at the place of residence is a mechanism that allows a person to receive many benefits from the state, including the services of educational and medical institutions. Its presence is mandatory for all citizens of the Russian Federation. To enjoy all the benefits of registration at a new place of residence, it is important to know how to register in an apartment after purchasing it in 2020.
New flat
Is it necessary to register in an apartment purchased with maternity capital?
Hello Tatiana! If you purchase an apartment using maternity capital funds, you do not have to register in it if you already have registration at another place of residence or stay. The law does not oblige citizens to register in the purchased residential premises. If you wish, you can register.
4. Residential premises acquired (built, reconstructed) using funds (part of the funds) of maternal (family) capital are registered in the common ownership of parents, children (including the first, second, third child and subsequent children) with the determination of the size of shares according to agreement.
What is registration - rights and obligations
Registration is a special mark in a citizen’s passport indicating his place of residence. Sometimes it is not true, because... a person can move while maintaining their previous registration. For example, leaving your parents' house. The number of registered residents is reflected in a number of documents.
Every citizen of the country is required to have a residence permit. This gives him a number of rights and certain obligations. The requirement is not intended to restrict the freedom of movement of people.
Rights and a number of responsibilities of a registered person:
- If he registered in privatized real estate, then his position will be like that of the owner. If necessary, must comply with the provisions of the agreement concluded upon registration. Use the apartment according to its intended purpose without causing damage.
- Residents are required to take into account all the features associated with the constant operation of the property. Additional conditions will be indicated in the contents of the agreement.
- After a divorce, the registered tenant is deprived of the right to use the property. The exception is when valid reasons prevent the purchase of another apartment. Then the length of stay in the old home needs to be discussed with the former half.
- When registering, the possibility of granting ownership rights to the resident is separately indicated.
The owner has the right to register anyone he wants. The number of people, family ties and the fact of residence are unimportant. There are temporary and permanent registration. The first is readily provided by private individuals to nonresidents for a fee. Getting the second one is more difficult. The status of the property matters. Municipal apartments belong to the state.
Types of registration
They are distinguished by time duration:
- Temporary registration – issued for a certain period of time. Usually provided to foreigners or students who come to study/earn money. They subsequently plan to return home.
- Permanent registration - makes it possible to occupy a living space for a long time without the rights to own it. Lawyers advise owners to enter into lease agreements and register without entering information into citizens’ passports. This will make it easier to terminate the agreement.
The type of registration and other nuances are indicated in the text of the agreement and both parties are notified in advance about this.
Calculation of utility bills if no one lives in the apartment
- Article 154 of the RF Housing Code determines the structure of the fee;
- the rules for payment for services are established by Article 155 of the RF Housing Code;
- Article 155 of the Housing Code of the Russian Federation provides information on payment terms, as well as when and where to make payments,
- Article 157 of the Housing Code of the Russian Federation fixes the amount of payment for utility bills, the calculation of which is carried out according to meters, and in their absence, accrual is carried out based on consumption standards per person established by municipal authorities.
We recommend reading: Documents for cadastral registration of a country house
In general, a utility company can exempt you from paying for utilities only because it is not used, but the owner’s responsibilities include maintaining the housing - this means paying for the apartment (as a service) and heating (there is no recalculation for it, this is a general house service ) have to.
Where is it done and what documents are needed to register for an apartment?
The registration procedure is reflected in the content of Government Resolution No. 713. Carried out:
- at the MFC branch;
- passport office;
- to the FMS;
- through the Gosuslugi portal.
Having prepared the necessary documents, the citizen visits the appropriate institution. There he submits the application and waits for the result.
The duration of the procedure depends on the location of the person. Does he plan to move to another city or simply changes his address:
- First you need to check out from your previous place, i.e. issue a departure sheet.
- Collect all necessary documents:
- passport of the person registering;
- birth certificate (for children 0-14 years old);
- title document (to the owner who registers);
- departure slip;
- military ID (for those liable for military service);
- application requesting registration;
- house book (if a private house).
- If necessary, make copies of papers. Get a receipt from the employee that he accepted them and wait for the decision.
Information about the new registration will be in the passport - the address, date of completion of the procedure and the stamp of the institution are indicated.
Through MFC
The list of documents remains the same, but you can sign up for the MFC remotely by queuing in advance via the Internet. At the same time, find out what needs to be provided and the work schedule of the nearest institution. The employee who accepted the application will tell you when you can come back to receive the documents.
Documents for child registration:
- statement;
- baby's birth certificate;
- parents' passports;
- marriage certificate (if available);
- documents confirming adoption (if available).
Non-residents can register with the MFC, i.e. operate from other cities. Applications are accepted, the main thing is the approval of the owners of the apartments where the citizen is registered.
“I bought an apartment, what documents are needed for registration?” – this is the question faced by every person who wants to register at a new address. To resolve this issue, he will need the following documents:
- passport of a citizen of the Russian Federation (for minor children - birth certificate);
- if you managed to leave your previous place of residence - a departure certificate;
- title document. This could be a certificate of ownership, an extract from the Unified State Register of Real Estate.
In the case of a privatized apartment, the following documents are required for permanent registration:
- military ID;
- registration application;
- a document that can confirm your rights to the living space (for example, a purchase and sale agreement or a registration certificate);
- consent to such a procedure from other apartment owners (if any);
- a sheet of departure from the place of previous registration;
- passport.
The typical processing time for an application is 3 days. After making a decision, your passport may be taken away for 1-2 days for a new stamp.
In the case of a municipal apartment, the general list of official papers may be slightly different. It looks like this:
- application (form No. 6);
- social rental agreement;
- consent to such a procedure from all registered residents;
- 2 passports: the tenant of social housing and the registered one;
- military ID;
- departure sheet.
For temporary registration, the list of documents is practically no different. The whole difference is that there is no deletion from the previous place of registration. Well, you don’t need a stamp in your passport here. If you are relocating within one subject of the Russian Federation, then there is no need to obtain a temporary registration.
For those liable for military service, the procedure is somewhat more complicated. After filling out the registration card, you need to register with the new military registration and enlistment office, having first settled all the issues with the old one. Sometimes passport offices require this procedure to be completed before the registration procedure begins. Such demands are illegal. You should already come to the military registration and enlistment office with a registration card (form No. 9) and an application (form No. 6).
To register a child you will need the following documents:
- registration application;
- parents' passport/passports;
- marriage certificate (if it exists);
- birth certificate;
- documents that confirm the registration of the parent(s) at the specified address.
For newborns (children less than 1 month old) there is a simplified registration procedure. The consent of either parent is sufficient here. The only documents required are the parent's passport, as well as a document confirming the birth of the child.
Is it possible to buy a dacha with maternity capital in Russia in 2020
- You can receive MK only once for one family;
- when changing the amount of capital, a replacement certificate is not required;
- You can submit an application to the Pension Fund for receiving MK at any time after the birth of the child;
- You can manage money within the established limits after three years from the date of birth of the child;
- family capital is not taxed;
- the subsidy is provided to the parents, not the child;
- the validity of the certificate is confirmed by an identification document.
We recommend reading: Families with children will receive subsidies
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:
Is it necessary to register in new housing?
Is it possible to buy an apartment and not register in it? Russian legislation allows this. Moreover, it does not in any way infringe on the rights of the owner after purchasing real estate and refusing to register in it - he can also sell, rent out housing and, if desired, register other people in it.
Is it possible not to register in the purchased apartment and live in it? Yes, in this regard, the law also does not impose any restrictions on the owner.
Do you need to register in an apartment you recently bought if you are happy with the old place of registration? It should be remembered: in Russia, registration is carried out only at one address. If the owner decides to register in a new home, he will be automatically evicted from his previous place of registration. At the same time, he does not lose ownership of that object.
If a person has only one property, registration must be carried out after purchasing the apartment.
Do I need to register in an apartment purchased with a mortgage? No, this can be done at the request of the owner. Separately, it is worth considering the following cases of registration in new real estate:
- Is it necessary to register in an apartment purchased with a military mortgage? No, this is a voluntary decision;
- Do I need to register in the purchased apartment using maternity capital? This is not necessary, but it is mandatory to allocate a share in the property to all children;
- Is it possible to buy an apartment in a building that is being demolished and live in it? Yes. In return, they will be given housing with a similar area.
It should also be noted that a person’s registration does not automatically appear in any subject of the Russian Federation. Therefore, to the question: “If you buy an apartment in Moscow, will they give you a registration?” – you can answer as follows: registration will not be denied, but you will need to submit documentation for it to the passport office.
- 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.
This video is unavailable
The Kredit cooperative issues loans against maternity capital for all purposes provided for by law: the purchase of apartments, houses, rooms, participation in shared construction, assignment of shares in shared construction, individual construction of a residential building.
Loans are provided to improve housing conditions in accordance with Federal Law No. 256 “On additional measures of state support for families with children.” The non-profit organization credit consumer cooperative "Kredit" is part of the SRO "Sodeystvie". The offer is not a public offer, services for shareholders.
We recommend reading: Is it possible to pay with a Social Card for a Moscow Schoolchild in the Moscow Region?
When and how to register in the purchased apartment
Despite the fact that over the past year or two the number of transactions for the purchase and sale of real estate has decreased significantly, they still have not disappeared completely. Every day someone sells or buys an apartment or house. You can buy real estate under a purchase and sale agreement or under a mortgage agreement.
After purchasing a new apartment, a person is faced with several pressing problems - legal registration of ownership, payment for the transaction, carrying out full or partial repairs, transporting things to a new location and registration of registration in the apartment.
If a purchase or sale transaction most often requires contacting a real estate office, since buying real estate on your own is difficult, then everyone can register in their apartment themselves. Registration after purchasing an apartment is not difficult, but it requires some care and collection of documents. This article is devoted to the registration procedure for purchased housing.
Is it possible to register a newborn in an apartment where no one is registered?
1. Without the consent of the owners, a minor child can be registered only at the place of registration of the parent. To do this, you need the child’s birth certificate, the passport of the parent who registers him, the consent of the second parent may also be required.
We live in an apartment where no one is registered, and the owners of the property are my husband and his grandmother. Is it possible to register a child in this apartment or is it necessary to register him only at the place of registration of the father or mother? If so, what documents are needed for this and can this be done at the passport office of the district in which we live, and not at the place of registration of the father/mother?
Registration procedure
However, real estate purchase and sale transactions are also carried out on the secondary market. When purchasing an apartment that was already owned by someone, the new owner has the right to register in it immediately.
To obtain permanent registration, first of all, you need to check out of your old apartment. To confirm the fact of discharge, a departure address sheet is issued. To register at a new place of residence, you must, in addition to the specified sheet, personally submit an application to the territorial office of the Federal Migration Service, and have a passport of a citizen of the Russian Federation with you.
In any case, when registering for registration in your new apartment, you must have a completed certificate of ownership. Only then, based on the results of consideration of the application, a stamp is placed in the passport with information about the registration address in the “place of residence” section.
The rules described above also apply to an apartment purchased under a mortgage agreement, since under the specified agreement there are no restrictions on the ability of the apartment owner to register. However, if the owner wants to register his relatives or friends in the mortgaged apartment, the consent of the mortgagee bank will be required.
It is important to understand that the demands of FMS employees to submit other documents or perform other actions are not legal. For example, employees of the Federal Migration Service do not have the right to demand the provision of a document on deregistration at the military registration and enlistment office at the previous place of residence and registration at a new one. In any case, upon receipt of a refusal to perform registration actions, a citizen of the Russian Federation has the right to file a complaint with a higher authority. Since such a complaint is satisfied in almost 100% of cases, FMS employees are afraid to issue official refusals.
Thus, registration after purchasing an apartment should not take much time, especially in cities of federal significance, since the work of government bodies in them is streamlined up to the time allotted for each applicant.
Is it possible not to register anyone in the apartment?
That is, virtually all restrictions will be imposed directly by the owners of the residential premises. You have the right to register as many people as you decide at the general council. As soon as you receive a refusal from the other owners (even one person is enough), your apartment ceases to be “rubber”. And you won’t be able to register anyone else even temporarily in it.
Regional indicators in each subject of the Russian Federation differ from each other. They will help calculate the exact number of people who can be registered in the apartment.
For example, at the moment in St. Petersburg, 1 person is entitled to 9 square meters. To correctly answer our question today, it is necessary to divide the total area of the room by this value.
And you will get a figure that gives an exact answer to the question posed. Remember: the registration form does not play a role in this.
Calculation of utility bills if no one lives in the apartment
- Article 154 of the RF Housing Code determines the structure of the fee;
- the rules for payment for services are established by Article 155 of the RF Housing Code;
- Article 155 of the Housing Code of the Russian Federation provides information on payment terms, as well as when and where to make payments,
- Article 157 of the Housing Code of the Russian Federation fixes the amount of payment for utility bills, the calculation of which is carried out according to meters, and in their absence, accrual is carried out based on consumption standards per person established by municipal authorities.
In general, a utility company can exempt you from paying for utilities only because it is not used, but the owner’s responsibilities include maintaining the housing - this means paying for the apartment (as a service) and heating (there is no recalculation for it, this is a general house service ) have to.
Is it possible to register a minor child - expert opinions
Before registering your child, you should first think about the best place to do this.
A minor citizen may be registered in another apartment after he is discharged from his previous address. The following actions depend on the status of the housing.
When a minor is registered in a privatized premises that is not the property of the parents, problems can arise.
The biggest problem can be attributed to relatives. They are often opponents in such processes. Owners of privatized housing have the right to use their property as they please. If they decide to sell it, then how many people are registered in the apartment will not matter.
Is it possible to register a newborn in an apartment where no one is registered?
We live in an apartment where no one is registered, and the owners of the property are my husband and his grandmother. Is it possible to register a child in this apartment or is it necessary to register him only at the place of registration of the father or mother? If so, what documents are needed for this and can this be done at the passport office of the district in which we live, and not at the place of registration of the father/mother?
Interesting: If they don’t hand over your work book upon dismissal
1. Without the consent of the owners, a minor child can be registered only at the place of registration of the parent. To do this, you need the child’s birth certificate, the passport of the parent who registers him, the consent of the second parent may also be required.
Who can be registered in a municipal apartment - procedure and rules
Permission for registration from the owner of municipal housing is written in free form with a passport service employee. It must reflect information about the person registering and the address of the municipal apartment. After 3 working days, the registration authorities issue a passport with a registration stamp.
It is extremely difficult to evict a tenant registered in an apartment. There must be compelling reasons for this: the tenant must not comply with the rules established for living.
For example, a tenant refuses to comply with the rules prescribed in the social tenancy agreement, uses housing for purposes other than its intended purpose, and refuses to pay for the living space. In addition, the basis for discharge is damage to housing or the death of a tenant.
You can also leave voluntarily, with bilateral termination of the social tenancy agreement.
Is it possible to register a minor child without parents in an apartment?
Grandparents and other relatives, even the closest ones, cannot register a child with them until the child turns 14 years old, except in cases where they are full guardians, for example, in the absence of parents or when their parental rights are deprived.
Interesting: At what age are motorcycle licenses issued?
At the age of 14, when a teenager receives his first passport, a period of limited legal capacity begins.
Is it now possible to register him in an apartment if neither of the parents is registered there? Theoretically, a teenager can now decide to live separately from relatives, however, he will still need to obtain the consent of his parents or guardians, that is, the child cannot independently apply to the FMS to change his place of registration. This restriction is lifted upon reaching the age of 18.
How much to pay for an apartment if no one is registered there
→ thermal energy (heating, heating) → cold, hot water supply → electricity supply, → gas supply, → waste water disposal, → domestic gas in cylinders, → solid fuel in the presence of stove heating,
→ management of municipal solid waste (may be included in the payment for residential premises).
So, payment for housing services , major repairs (for owners of premises) and rent (for tenants of residential premises) is mandatory and does not depend on the presence or absence of residents or registered citizens , since payment for housing services is calculated based on the total area of the residential premises (apartments).
Is it possible and how to register a person in a non-privatized apartment?
The law provides for two options for moving in: either a new family member or an outsider. And if in the first case everything is relatively simple, then in the second you will have to seek the consent of the municipality or other organization that owns the apartment. But such a possibility is provided for by housing law.
To register a new tenant, it is necessary that none of those already registered in the apartment are against it.
In this case, it is enough just to obtain permission from the local administration to move in a person, and all adult citizens already registered in the apartment must sign a statement agreeing to move in. After this, the new resident will only have to provide a passport to receive a registration mark.
26 Jun 2020 glavurist 206
Source: https://mainurist.ru/prava-rabotnika/mozhno-li-nikogo-ne-propisyvat-v-kvartire
to register or not to register??? How to “protect yourself”?
Good evening everyone! Girls and women! If anyone has experience: tell me how you can register a possible future spouse in your apartment without possible “concerns” for the future?! Insure yourself as much as possible? Has anyone encountered this recently? Thanks in advance everyone.
If you own the apartment, then there are no problems. In general, you can complete the registration process and sign an agreement with a notary, so that in the event of a divorce, it will be signed out automatically.
Or make a temporary registration, it will need to be extended from time to time. Better not register.
Yes, if you own the apartment, then if something happens, he cannot claim a share, as written, so write it out.
But what if the laws change again, and everyone registered in the living space will be able to claim it? I heard about the free rental agreement Author, now there are a lot of agencies that will do any registration for money, be it temporary or permanent.
There is no need to register for yourself. Laws are laws, they change often. Once upon a time I registered with me a temporary student from the military academy. He graduated and left, but did not remove himself from the temporary registration. So then I ran, despite the fact that the temporary registration ended a long time ago. Try to convince the stubborn workers of Zhka that the law is on your side!!! An elementary situation with a friend of mine.
The apartment was hers before marriage, then she registered her husband there. The husband gave birth to a child on the other side and calmly registered him at his place of residence, that is, in his wife’s apartment.
That’s it, the apartment is now unchangeable and unsaleable until the child’s birthday.
By the way, according to current laws, the mother of a child has the right to live with him in a living space until he is 18 years old, even if she herself is not registered. With the consent of the owner of the property, I know myself.
They assigned me to my own apartment because my son was registered there, and they forgot to ask me. Although I am the only owner of the apartment. It’s good that my grandson is desired and loved. What if you don’t??? PS By the way, even if he gets divorced, it is not a fact that he will be discharged. Now my ex-husband is permanently registered in the apartment in which the three of us and the child used to live.
We divorced last year, he is still registered there. In principle, I don’t mind, since he has nowhere else to stay. BUT: I will not permanently register my second husband! It's better not to register at all.
At our work, one registered, like her apartment, she hoped that her husband had no rights. And when it came to divorce, the husband filed a lawsuit that he had nowhere to be discharged and he asked to temporarily live under registration until his living situation improved.
And what do you think? The court allowed! And they don’t register the mother’s place of registration either. My husband’s ex-wife had already registered two of her children, and we only found out about this when the payments arrived. You can only discharge a person without his consent through the court. Otherwise, it feels like you’ll come straight to the passport office and say, we’re divorced, write him out, and he’ll be discharged.
A child under 18 years old will not claim the space. He will have the right to live in this area. Here the right decision was already made - let him solve his problems with registration himself, through agencies.
Under no circumstances should you permanently register your property! Do you know how annoying it is to pay utilities for someone else’s man?
https://www.youtube.com/watch?v=Zw8JvuM4A8I
I also once made a temporary registration for my roommate, and for some reason he became angry after that and decided that the bills were my problem. In general, I registered him 2 times for 3 months, and then sent him away. Now the questions of someone else’s registration do not bother me at all, since I learned a good lesson.
I needed a statement from him that he was asking to be discharged, but he realized that we were dependent on him and simply mocked us, me and my parents.
He started blackmailing and threatening us. At first he was the dandelion boy, and as soon as things got serious and he felt minimal power, then everything was revealed. They wrote correctly that there are now a lot of offices that will do any registration for money.
Imagine if temporary registration is such a hassle, what will happen with permanent registration, especially since laws are constantly changing. Think about yourself first. Don't believe it until you check it.
My aunt had a really bad house. She was married, registered her husband to live with her, gave birth to a daughter, he then eventually went on a spree and got himself another while the aunt was caring for the child in maternity leave.
He left her and gave birth to two more in his new family.
He began to lack money and he filed a lawsuit for the division of the apartment, which is the property of my aunt. She begged him not to divide, since his daughter lives there, but he set the condition that he then pay me a monthly allowance so that I would not file for division.
She pays because there is no other way out. Then she was a fool to believe in his love and selflessness, did not enter into any marriage contracts, and now to this day she is reaping the fruits of her love. My issue was resolved, thank God, they discharged him, although with threats, they could not persuade him in a good way. Do not compare the registration of women and men.
I think that a man is a man, that he should achieve everything himself, and in general they should be ashamed if they achieve something at such a cost through their women.
And a woman has the right by nature to receive something at the expense of a man. It’s not for nothing that a woman gets married. So think about what he needs more: you or registration.
Maybe he decided to pretend to be sweet, kind and loving in order to achieve his goal, but you still have rose-colored glasses on your eyes and you don’t see it, so think many, many times Author, do you need it? Author, never register anyone for anything!!!
No husband, no future husband, no. You cannot protect yourself in this situation. In your case, if MCH is not yet your husband, then in order to register you will have to conclude an agreement with him for the use of the apartment, on the basis of which he will be registered.
This agreement can only be terminated in court if you have grounds for doing so. That is, the issue is resolved through the court.
In turn, your MCH has the right to file a counterclaim in court to delay his eviction due to the lack of alternative housing.
In a word, you can sue for years on this matter, leaving time and health in court. And even if the court satisfies your claim and MCH is discharged from the apartment “to nowhere,” then your apartment will be considered legally unclean.
Why do you need this? Why do you need these problems??? Moreover, if suddenly in a bad case, your man meets another woman, and they have a child, or maybe your man already has a minor child???
Author, my post was I’ll explain the situation: many acquaintances from the periphery came to St. Petersburg to get a job and live. We searched through newspaper advertisements for agencies that do registration.
They take the money and register the person at some anonymous address. That's all - registration in your pocket depends on the money, whether it is temporary or permanent.
And no one cares that a hundred people may still be registered at this address.
A piece of paper in your pocket that gives you the right to official employment, medical care, etc. Moreover, everything is legal and official. He's not even divorced yet. And he also has his parents’ apartment, which neither his parents nor his sister and their two children are in a hurry to register him with. I finally decided to give up this idea of registration. He is a Muscovite, with his parents Yes, the author!!!
Is it possible not to register anyone in the apartment?
If you want to save the entire message, you just need to select a category and click the mentioned button. To cancel, click the “close window” button. I've just been lucky in life. I teach courses on making wishes come true! The next start is July 28! Welcome in PM!
Is it possible not to register anyone in the apartment? How to get a house book?
Good evening everyone! Girls and women! If anyone has experience: tell me how you can register a possible future spouse in your apartment without possible “concerns” for the future?! Insure yourself as much as possible? Has anyone encountered this recently? Thanks in advance everyone.
Is it possible not to register anyone in the apartment?
At the moment I have a Moscow registration. I am planning to buy an apartment in the Moscow region and will be its owner. Do I or one of my family members have to register in a new apartment if no one will live there for now? I don’t want to lose my Moscow registration.
You don’t have to register anyone, in which case utility bills will be charged per person. But utilities will have to be paid for as per one prescribed, in addition to those services for which meters are installed.
Hello, There is no need to register anyone in this apartment; as a result, you don’t have to register anyone there at all. Ownership does not give rise to the obligation to register anyone there; you don’t even have to live there. Consult a lawyer online.
Registration in a new apartment
Register Login. Mail replies. Questions - leaders Is it possible to draw up a residential lease agreement for 5 years with a fixed fee and a penalty for early termination? Buying a secondary home where there is a child 1 rate. What can a person registered in a privatized apartment, but who is not the owner and does not live in it, do?
If a person moves into a new apartment, he must register there within 7 days from the moment he moved into the new home.
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Is registration required for an apartment?
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VIDEO ON THE TOPIC: How registration is carried out in studio apartments of common ownership.
Source: https://aissokolov.ru/konstitutsionnoe-pravo/mozhno-li-ne-propisivat-nikogo-v-kvartire.php
Is it possible and how to donate an apartment if another person or a minor child is registered in it?
- If a minor is registered in the apartment received as a gift, then after becoming the owner of the property, the child can be discharged through the passport office upon confirmation of the fact that the person being discharged has been provided with a place of equal size and amenities to live (as a fact, it is possible to use the registration certificate for the housing where the child’s parents are registered or guardian).
- The claim for discharge through the court will be satisfied if the plaintiff proves that the minor actually lives in another place.
- It is not necessary to contact, but a specialist will help you correctly compose the text of the gift document - after all, if an error is made, it can be used to cancel the fact of alienation.
- It is useful for the owner of the alienated property to talk with a notary in order to understand how realistic the donor’s plans are regarding his position in this apartment.
- Certification will allow you to obtain an official copy in the future if the original is lost.
New flat
The process of registering in a new apartment is always almost the same. Regardless of how the person received the apartment : bought it, received it as a gift or inheritance.
https://www.youtube.com/watch?v=g6p3afOfvEU
To register, you must first leave your previous place of residence. Usually the passport office issues it automatically if the person is not registered with the military registration and enlistment office.
To register in a new place, you must appear at the passport office .
There you need to fill out an application form No. 6 .
Naturally, only parents and guardians register minor
Upon reaching 14 years of age, children
themselves . If a person did not personally draw up an extract from his previous place of residence, then this must be indicated in the application (lower tear-off slip).
In application number 6, he must also indicate a certificate of ownership of the apartment.
At the passport office, along with the completed application, the person must provide a set of documents ( both originals and photocopies ):
- identification document;
- when registering a child under 14 years of age, a birth certificate must be presented;
- document on property rights to housing;
- purchase and sale agreement, gift agreement. Depending on how the person got the living space;
- departure slip. It is provided only if the person has previously left his previous place of residence.
The passport office employee must collect the passport, all provided documents and set a date for receiving the passport.
There are also some nuances.
For example, if a person is liable for military service .
In this case, in order to register at a new place of residence, he must visit the military registration and enlistment office .
You need to deregister from the previous military registration and enlistment office and register at the new one. If there is only one military registration and enlistment office, then it is necessary to inform it that the place of residence is changing.
When going to the passport office, in addition to all the above documents, you must present a military ID . Passport office employees must fill out a card according to form No. 9 (application No. 6 must also be filled out). The following documents must be presented at the military registration and enlistment office:
- passport;
- military ID;
- application from passport office No. 6;
- card number 9.
Military registration and enlistment office employees put a stamp on the military ID about deregistration and on card No. 9.
To register at the new military , you must attach similar documents, as well as application No. 6, a certificate of ownership of the residential premises. And only after the person has registered with the military registration and enlistment office again can he go to the passport office and apply for registration .
Is it possible and how to register for a share in an apartment or house, if no one objects?
Is consent required to register a person in an apartment or house? Yes, but only under the condition of joint shared ownership, when the housing is not actually allocated in kind and is not divided among all shareholders. As a result, if none of the other owners have anything against registering one more person, then the procedure itself will not be any different in complexity.
Procedure
- Collect consent (in writing) from all co-owners.
- Prepare documents.
- Contact the passport office or MFC (My Documents).
- Complete an application and provide documents.
- Receive a registration stamp.
Documentation
To register (whether permanent or temporary), you need:
- Consent from all homeowners.
- Owner's passports.
- Passports of the person registering (or birth certificate if you don’t already have a passport).
- Power of attorney for the representative, as well as his passport (if required).
Application for registration
applications for registration at the place of residence
Expenses
Registration is a free procedure. You don't need to pay anything. Moreover, the registered person is not the owner and therefore is not required to pay taxes on the home.
On the other hand, if a person actually lives in an apartment or house, he automatically consumes water, electricity, gas, and so on. As a result, there is an obligation to pay for utilities. However, there are no such requirements in the legislation, therefore all issues of this kind must be resolved between new and old residents after registration or at the discussion stage.
Deadlines
Registration is carried out within up to 3 days. With some luck and not too busy, you can even get the coveted stamp right on the day you apply. However, the latter rarely happens.
Separately, it should be noted that when applying to the MFC (My Documents), the period increases slightly.
The MFC first needs to transfer all documents to the passport office, receive a response and a passport with a stamp, and only then issue it to the applicant.
Source: https://den.okd1.ru/spravka/mozhno-li-ne-propisyvat-nikogo-v-kvartire/
General registration algorithm
In general, the entire registration process can be completed in 6 simple steps:
- Filling out an application for deregistration. Anyone wishing to register must undergo this operation. Taking into account possible errors, this procedure may take several hours.
- De-registration. The end result is obtaining the necessary documents for further steps.
- Filling out an application for a new registration. It is important to take this step after points 1-2. Otherwise, people often confuse documents and forms and create additional problems for themselves.
- Persons liable for military service must register with the new military registration and enlistment office.
- Registration and related submission of documents. The set of documents varies depending on the type of housing where they want to register. More details about each case are given below.
- Documents receiving. Everything is simple here - on a pre-agreed day, come and pick up your documents.
Is it possible to register a stranger, not a relative, into the apartment? What are the risks and consequences
Regardless of what kind of registration a citizen is given (permanent or temporary), if he has a child , the baby automatically becomes a tenant of your premises, because his parents are registered there. It is possible to discharge tenants if they refuse only through the court (for more details, see our article on registering a child without the owner’s consent).
Where to submit documents? Documents are submitted to the FMS office for foreigners, and to the passport office for residents of our country. In exchange for the papers, they must issue an appropriate certificate proving the fact that the coveted registration will be received in the near future.
We recommend reading: Is it possible to exchange a privatized apartment for a non-privatized one?
How can the owner of an apartment register in it and what is needed for this?
- Extract from previous place of residence. When registering at the same territorial point, it is not necessary to sign out in advance; upon registration, the check out will be done automatically by the employees of the passport office. But sometimes registration without an extract takes up to one month, so it’s better to do the registration yourself.
- Submitting an application to the registration authority. The application is submitted in the prescribed form. On behalf of minor citizens under 14 years of age, it is submitted by parents or legal representatives. The application indicates on the basis of which document registration can be carried out.
- Attachment of necessary documents.
Interesting read: Rosreestr does not carry out a transaction for an apartment due to arrest
When submitting an application for registration, an employee of the registration authority will check that the application is filled out correctly and that all necessary documents are available. After this, the passport is submitted for registration and a date for its receipt is set.
Is it possible to register a minor child - expert opinions
Is it possible to register a minor child alone in an apartment without parents? – Of course not, as was said above, he must be registered where his parents are registered. And here it no longer matters whether he himself is the owner of this apartment or not. It will not be possible to register him alone there until he becomes an adult.
Every Russian must have a residence permit in their passport. Even a child must be registered in a residential area. The state must know in which territory the small citizen lives. Parents face a lot of difficulties when they register their young children because they need to know the intricacies of the registration process.
12 Jan 2020 uristland 230
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Registration in an apartment using the State Services portal
The fact that the service can be arranged via the Internet is a great advantage, available only to citizens of our country. However, creating an account does not mean that the citizen is already considered registered. On the website you will receive a detailed list of what you need to prepare, and also sign up for the queue in advance. The registered user will be invited to the Federal Migration Service within 3 days to submit an application, after which the waiting period for the result will also take 3 days.
You can find out more about how to register on the portal at the MFC. It is imperative to take into account that you cannot create an application for your spouse or another person through your personal account, because in this case you will be booked for the appointment. Also, when filling out an application, be prepared for the fact that you will be required to enter the owner’s information.
When registering for an apartment, you need to know all the features of this service so that it is provided as quickly as possible and without unnecessary office visits. To do this, before changing your registration, it is better to go to the civil service and clarify which originals and photocopies need to be provided.
Where do you register?
To register, you must visit the passport office or the nearest branch of the Federal Migration Service. The presence of the person wishing to obtain registration and the owner of the residential premises is required (in what cases and how it is possible to register a person without his presence, read here).
If there are several owners, everyone must appear. Each participant in this procedure must fill out an application in Form No. 6. A person in need of registration writes a statement about his desire to leave his previous place and register for registration at a new address.
The owners state that they have no complaints regarding the registration of the new tenant.
Important! If there is more than one owner of the property, but all individuals cannot appear at the Federal Migration Service, then a power of attorney is drawn up in advance for one of the owners, which must be officially certified by a notary office.
Required application items:
- The first thing you need to indicate is the name of the body to which the application is addressed.
- Information about the apartment in which the citizen is registered.
- Personal signatures of both parties to the contract (the one who registers and the owner of the property).
What risks are there for other residents?
Despite the fact that the law restricts the right of unauthorized persons to register without the consent of the owner of the territory, there are some exceptions. This means that a person has every right to register his minor children at his place of registration . Nobody can stop him from doing this.
And yet, living in peace between people who are strangers to each other on a common territory may be more difficult than it seems at first glance. Therefore, when giving consent to a stranger to register in your apartment, you need to understand what this means for you and that there may be no way back.
After all, everyone who is registered in an apartment has equal rights to live in it. It is not necessary to give your consent to the right of permanent residence of a stranger in your home, so registering a non-relative involves certain risks for the residents of the apartment. Find out more about what rights registration gives a person here.
Registration may have time restrictions. For the owner, this is a more profitable option, because it makes it possible to protect yourself from unexpected surprises.
You should not unconditionally believe in the decency of the tenant. It must be remembered that the activities of fraudsters often do not cause concern. And having registered in the apartment, the criminal has an arsenal of means to force the owner to rewrite the privatized apartment in his name.