In what cases does the law require obtaining the consent of the owner for registration at the place of residence?
To register an individual at the place of residence, it is necessary to submit the following set of documentation to the passport service of the Ministry of Internal Affairs (clause 49 of the administrative regulations, approved by order of the Ministry of Internal Affairs of Russia dated December 31, 2017 No. 984, hereinafter referred to as Regulation No. 984):
- Identity document.
- Application for registration (more details about it are described in our article at the link Application for registration at the place of residence - sample).
- A document that serves as the basis for moving into this living space. Such documentation, for example, includes a title document for the relevant property (certificate of ownership or an extract from the Unified State Register), a court decision, etc.
- Consent of the person/persons who provided this living space to the applicant (i.e., permission from the owner of such living space).
Thus, the consent of the owner refers to mandatory documentation, without which the procedure for registering a person in a residential premises cannot be carried out. Although there are exceptions to this rule, which we will discuss in the next subsection of our article.
Sample consent for registration from the owner and how to write it
A sample consent for residence and registration of a specified person on the territory of a certain real estate is an integral element of quick registration, regardless of whether temporary registration is required or permanent. The execution of this consent must be carried out using dark ink, while the document itself is drawn up in free form.
It is mandatory to provide only the following information:
- date of preparation of the document;
- full name of the owner;
- signature of the citizen who is the owner of the property;
- the name of the person whose occupancy the owner consents to.
The owner’s consent to obtain permanent or temporary registration is mandatory, as this is stipulated in the current legislation.
owner's consent for registration
In particular, Federal Law No. 5242-1 indicates that every willing owner of real estate has the right to include any citizen of Russia in his property, and it is sufficient to provide only a single consent in the form of an application and a certain list of papers confirming the person’s ownership rights for the said property.
Sample of owner's consent for registration
How to write an application
During the registration process, you must provide a certain list of information, namely:
- The address header of the document indicates the name of the registration authority for which the application is being drawn up, as well as information about the person who provides housing, that is, his registration address, full name, passport details and date of birth.
- After this, the form of the document is indicated - an application.
- Next, an informative part is written, which includes a request to register a citizen with the obligatory indication of his full name, as well as the place and date of birth.
- To register at the place of residence, you must also indicate the time frame for which the citizen registration procedure will be carried out.
- The informative part indicates the details of the document on the basis of which the applicant has the right to provide the specified housing as a registration address to other citizens.
- At the end of the informational part there must be a phrase confirming the residence of the specified citizen in the residential premises with the consent of the owner.
- The date and signature must be indicated by the person who is preparing the application in the presence of authorized employees of the registration authority.
- A sample application from the owner, which is located at the stand of one or another branch of the Federal Migration Service, often includes certain requirements for the preparation of such documents, which must be complied with without fail.
filling out an application for registration at the place of residence in 2020
This form is provided for submitting an application from a tenant or an adult owner of the property. If the owner of the home is a minor child, the application is filled out instead by an authorized guardian on the basis of his own right to act on his behalf.
When it is not necessary to obtain consent from the apartment owner
Obtaining consent from the owner of the apartment to register a citizen there is not required in the situations listed below:
- Registration of persons belonging to indigenous peoples leading a nomadic/semi-nomadic lifestyle is carried out. The procedure is carried out without obtaining the consent of the apartment owner due to the peculiarities of the lifestyle of these citizens (clause 26(1) of the registration rules, approved by Decree of the Government of the Russian Federation of July 17, 1995 No. 713, hereinafter referred to as Rule No. 713, clause 51 of Regulation 84).
- Registration at the place of residence of persons under the age of 14 years and living with their parents or other legal representatives (clause 28 of rules No. 713). This is described in more detail in the article Registration of minor children at the place of residence of their parents. It is necessary to register at the place of residence of a minor citizen who has already reached the age of 14 years, separately from his legal representatives, in accordance with the general procedure (including with the consent of the owner of the relevant residential premises).
IMPORTANT! According to the explanations of the law enforcement officer, a family member of the tenant/owner of a residential premises has the right to move his minor children into this premises even without the consent of the tenant/owner of such premises (clause 12 of the resolution of the Plenum of the Armed Forces of the Russian Federation dated July 2, 2009 No. 14). Moreover, in practice, moving in in this case means not only actual moving in, but also registration at the place of residence (for example, the decision of the Alushta City Court of the Republic of Crimea dated June 15, 2017 in case No. 2-606/2017).
Consent of the apartment owner to register LLC sample
A letter of guarantee from the owner of the premises, which he provides to enter information about the location of the sole executive body of a legal entity, is a document that is required when registering an organization with the Federal Tax Service.
You will definitely get a refusal if:
When you need the consent of the apartment owner to register an LLC. The written consent of the owner of the property must be obtained in all cases, except for the registration of a newborn in it. This can be done without his permission only if his parents are the owners or are registered in it. However, experts still recommend obtaining at least verbal permission from the owner. The fact is that some people don't like it when things go over their heads. In this case, a person can simply sell the apartment and use the proceeds to get a new home. As a result, you will have to deal with the new owner.
- The owner reserves full right to dispose of his property: it is he who decides who will be registered in the apartment, and only he can give consent to registration. A registered citizen can only live in an apartment - he cannot decide who is registered there and who is not;
- Only the owner controls the fate of the living space. He can sell it, rent it, give it as a gift and pass it on by inheritance. Registered citizens can only rent out housing, and then only if they have written consent from the owner;
- The owner has the right to redevelop the housing (only if it complies with GOST). To make changes to the design of the housing, those registered will need the consent of the owner in writing;
- The owner has the right to evict tenants. However, upon discharge he will be subject to a number of restrictions.
Sample consent for registration at place of residence
A unified model of such a document has not been approved, so it can be drawn up in free form. Regulation No. 984 establishes only the requirement that such consent must be expressed in writing and certified by a notary or a person accepting documents (clause 49.4 of Regulation No. 984). Consent submitted electronically must be signed with an electronic signature of the owner or contain electronic images of consent certified by the person responsible for accepting documents or a notary (clause 52.3 of regulation No. 984).
In general, the consent structure could be as follows:
- information about the relevant registration authority, i.e. the territorial agency of the Ministry of Internal Affairs of the Russian Federation, clause 2 of rules No. 713;
- information about the owner of the residential premises providing the consent in question: full name, passport details, date and place of birth, registration address;
- information about the residential premises: type (apartment, house, room), address;
- information about documents certifying ownership of such premises;
- information about the person who is given consent to register in this premises: full name, passport details, date and place of birth;
- expressed consent of the owner of the residential premises to register the specified person there;
- date of drawing up the consent;
- owner's signature.
If the apartment is owned by several persons, consent must be obtained from each of them. Such consent is required when persons move into an apartment provided under a rental agreement (clause 94.4 of regulation No. 984).
So, consent from the owner of the living space to register another person at the residence address is included in the set of documents required to be submitted to the regulatory authority when carrying out this procedure. This document is not required only when registering in the same residential premises a newborn or other minors under 14 years of age living together with any of the legal representatives.
Consent to register an LLC from the owner of the apartment sample
- no costs for purchasing or renting premises;
- registration at home address guarantees immunity - government officials and even some inspection authorities will not be able to break into the apartment without a court decision;
- the issue of discrepancy between legal and actual addresses is resolved;
- The issue of mail delivery can be easily resolved; you can negotiate with the post office employees to deliver the press to the mailbox.
What papers are needed
Registration of a limited liability company at the home address of the founder is possible, but provided that he is the executive body, or the owner of the apartment or is registered in it. Difficulties may arise that can be easily overcome with knowledge of legal regulations.
Registering an LLC at a home address would save the entrepreneur from many problems, but what does the law say? The law, unfortunately, still does not provide an unambiguous interpretation and gives rise to conflict situations.
If there are several owners of the premises, then consent must be obtained from each of them. It is also necessary to attach a copy of the certificate of state registration of property rights. If, in addition to the owners, other residents are registered in the apartment, then it is advisable to obtain their consent. In most cases, registering an LLC at the director’s place of residence does not raise any complaints from the Federal Tax Service.
Moving citizens into residential premises
The content of the article
Guided by current legislation, namely Art. 679 of the Civil Code of the Russian Federation, citizens who permanently reside with the landlord can be moved into this residential premises. The condition for their move-in will be obtaining the consent of the landlord, tenant, as well as citizens who permanently reside in the shared residential premises. Also, when moving in, you should take into account the area standards per person in a residential property.
When moving minor children into the residential premises
consent for their move-in is not required. Compliance with the living space standards per resident is not required when moving in children under the age of majority.
Sometimes it is necessary to give permission for citizens to temporarily move into residential premises. The period of temporary residence of such citizens cannot be more than six months. The law establishes that after this period, temporary residents are required to vacate the premises within seven days. This provision is indicated by Art. 680 Civil Code of the Russian Federation.
Note!
Temporary accommodation of citizens is conditioned by the presence of a set of legal facts such as the consent of the tenant and, at the same time, the consent of the co-users of this residential premises. Mandatory compliance with legislation regarding established requirements for compliance with space standards should also be taken into account.
When moving in temporarily, citizens must notify the landlord. The landlord has the right to either allow or refuse to move in free of charge. If the request to move in is satisfied, a social rental agreement is concluded with temporary residents. In accordance with Part 12 of Art. 155 of the Housing Code of the Russian Federation, temporary residents are required to pay for utilities.
This is important to know: Privatization of land in SNT
Move-in and registration of citizens
Control over compliance with the rules of registration at the place of residence of citizens within the Russian Federation is entrusted to the internal affairs bodies. According to established norms and rules, registration of a citizen of the Russian Federation at the place of residence is carried out without deregistration at the place of residence.
Note!
Citizens of the Russian Federation, in the event of a change of residence, undertake to register their new location within seven days. When registering at your place of stay (vacation, sanatorium, etc.), you are allowed to stay for 90 days without registration.
Legal regulation, laws
Key points of registration were established by the provisions of the Federal Law “On the right of citizens of the Russian Federation to freedom of movement, choice of place of stay and residence within the Russian Federation” (June 25, 1993, No. 5242-1). This document provides for the requirement to officially notify about a change of address of your stay (residence)
.
To fulfill this obligation, you must contact the passport office (another registration authority) with the necessary package of documents.
Based on the Registration Rules (Government Decree No. 713 of July 17, 1995), in order to register, you must provide:
- application (form No. 6 for registration at the place of residence, or form No. 1 for temporary registration);
- passport (other identity document);
- documents on rights providing the possibility of moving in.
The latter may include orders, rental (sublease) agreements, court decisions, permission from the owner of the apartment (application on behalf of the person providing the premises).
Questions about residence rights, registration rules, and consent to move in are also regulated by the norms of the housing and civil codes.
What documents will be required
An application for registration at the place of residence is submitted in the prescribed form with the following documents attached:
- passport of a citizen of the Russian Federation or identification document of a citizen;
- a document confirming the basis for moving in: a written statement of the person (persons) who provided the citizen with residential premises, a social tenancy agreement, a certificate of state registration of ownership of residential premises, a court decision recognizing the right to use residential premises or another document confirming such a right.
Sample application
To apply, you can use the prepared general form and fill it out.
The form is available for downloading and viewing.
Currently, in accordance with the current legislation of the Russian Federation, there is no mandatory application to the territorial body of the Federal Migration Service of the Russian Federation at the previous place of residence with an application for deregistration. De-registration can be completed simultaneously with registration at a new place of residence. However, citizens who have independently de-registered at their previous place of residence have the right to submit documents confirming their departure for registration at a new address, issued by the authority authorized for this action at their previous place of residence.
It is possible not to present a document that is the basis for moving into a residential premises if the information contained in it is at the disposal of state bodies or local governments. In this case, the registration authority independently requests the relevant document (information contained in it), an extract from the relevant register, other information in accordance with the legislation of the Russian Federation from state bodies, local governments and registers the citizen at the place of residence no later than eight working days from the day of his submission of an application for registration at the place of residence and an identity document.
Note!
The application, as well as other necessary documents, can be submitted by electronic means to the registration authority or through a single portal of state and municipal services.
Officials responsible for registration, within three days from the date of application, transfer the citizen’s application and submitted documents, including an identity document, to the registration authority.
The registration authority is obliged to register a citizen at his place of residence no later than 3 days. In this case, a note about registration at the place of residence is made in the passport, and for those who have not previously applied for deregistration at their previous place of residence, a stamp about deregistration at the place of residence and a stamp about registration at the place of residence are simultaneously affixed .
Registration and deregistration of citizens at their place of residence within the Russian Federation is free of charge. Experienced lawyers on our portal will answer your questions and provide you with comprehensive assistance in registering your place of residence as soon as possible. Whether you live in Moscow or another region of Russia, our specialists are ready to provide legal support around the clock.
Making a statement
If registration is carried out in real estate in which you do not have any ownership rights, then you will need to obtain in advance written permission from the owner of the property that he allows you to live with registration in this living space.
According to form No. 6
- Temporary registration is required for people who do not reside at their place of permanent registration for a period of 90 days. If a person stays in another locality for more than a specified period, then the registration procedure is mandatory, otherwise you risk receiving a fine.
- If a person has changed his place of residence for some reason within the same locality, then he does not need to be discharged and registered again in person. These procedures can be performed by government agencies. The person registering will only need a correctly completed card form, which can be obtained from the migration service.
- If it is necessary to register a child under the age of 14, then all documents must be filled out by their parents.
The migration service will give you an application form for registration using Form No. 6. It has two sides, two parts, which must be filled out to remove from the place of registration and register at a new place of stay. If you left your previous place of registration, then you only need to fill out one part of the form.
In order for transactions to be carried out in accordance with the rules, it will be necessary to provide the following list of documents:
- Completed form according to form No. 6;
- Passport(s) of the applicant(s);
- Document(s) that confirms ownership;
- Children's identification documents;
- Extract from the previous place of registration (optional).
Having provided the specified list of documents, it will be necessary to deregister and register at the place of residence. All these rules apply to citizens of the Russian Federation. Read about the specifics of writing an application and filling out its sample for registration of a foreign citizen in a separate article.
You can use the application form for registration using Form No. 6, and also see it below.
Application for registration in an apartment
Application for registration in an apartment - 1
Application for registration in an apartment - 2
Application for registration in an apartment - 3
Consent for temporary residence
Consent for temporary residence. The tenant and citizens permanently residing with him, by common agreement and with prior notice to the landlord, have the right to allow temporary residents (users) to live in residential premises free of charge. The landlord may prohibit the residence of temporary residents if they fail to comply with the requirements of the law on the standard of living space per person. The period of stay of temporary residents cannot exceed six months.
Temporary residents do not have independent rights to use residential premises. The tenant is responsible for their actions to the landlord. Temporary residents are required to vacate the residential premises upon expiration of the period of residence agreed upon with them, and if the period is not agreed upon, no later than seven days from the date of presentation of the corresponding demand by the tenant or any citizen permanently residing with him.
This is important to know: What is the difference between property and privatization?
When obtaining consent for residence and registration at the place of residence (permanent), there is no difference where it is drawn up, especially considering that the legislation on issuing residence permits (or on registration) to foreigners does not provide for the execution of any kind of “consent”. We are talking about property, or contracts for sublease, rental, use (free of charge). Which notary certified the consent and in which city does not matter.
In contrast to the norms of the current housing legislation, preliminary notification by permanent users of the landlord of the move-in of temporary residents is introduced. Permission for their move-in and residence is given by the employer and citizens permanently residing with him. The main features of temporary residence are: free use of the premises for a limited period of time - up to six months (which previously had no limit at all), lack of independent right to use the premises.
Although the landlord is only informed by law about the upcoming move-in of temporary residents, he is also given the right to actively prohibit their residence if the standard of living space per person - 12 sq.m. - is violated. Having received such information in advance, the landlord has the right to prevent the entry of temporary residents on this basis. Previous housing legislation also treated temporary residents only as residents. As before, the tenant is responsible for their actions to the landlord, and they are responsible for their actions in housing legal relations only to the tenant.
Within the six-month period of temporary residence, a specific agreed period may be established, after which the temporary resident must vacate the residential premises he occupies. If the period has not been agreed upon at all, the temporary tenant vacates the premises no later than seven days from the date of the tenant's application for vacation. This article does not establish the consequences of an agreed extension of the period of residence of temporary residents beyond six months.
Consent to registration
When obtaining consent for registration, you must contact special authorities that deal with registration processes at the place of residence
Permanent and temporary registration
The law of the Russian Federation in the “Rules for registration and deregistration of citizens of the Russian Federation” states that each arriving citizen must register registration at the place of stay within 90 days. For failure to comply with this administrative law, the violator will be punished with a fine.
The fine is 350 rubles, according to Art. 19.15 Code of Administrative Offenses of the Russian Federation. To obtain a temporary or permanent registration, you must contact a notary and obtain his consent. This document confirms your stay in the Russian Federation legally.
Then you should contact the territorial body responsible for the process of registering the population of a particular area. If all the necessary documents have been provided, the registration will be ready in 3 days. Here you can download a sample application for temporary registration at your place of residence.
Registration of a newborn
Newborns must receive registration within 7 days. This can be done by registering the name at the passport office. In this case, the consent of both parents is mandatory.
It is possible to register a newborn only in the house or apartment where the parents live and are registered . If the child’s parents live separately, he can be registered with his mother or father.
Since the parents are the child's guardians, it is necessary to provide their application for registration. Here you can download a sample application for child registration.
Consent to the registration of the owner of the property and all registered
In the process of registering a foreign citizen, you must obtain and provide an agreement from the owner of this property for registration. In some cases, it is necessary to provide papers that indicate ownership of the property.
How much does temporary registration cost?
What is temporary registration without permanent registration and how to do it, read here.
How to apply for temporary registration and what documents are needed for this, read the link:
You also need to provide the consent of the owner, co-owners and those registered in the apartment. Consent is submitted in the form of a written document. Parents or guardians give consent for minors.
Father's consent
The father must give consent to the child's registration if the parents are divorced and the child has not been registered anywhere until this moment.
The registration takes a little time, and the father’s consent to registration is made in the form of an application. Legally, it is not necessary to have this document certified by a notary, however, it is allowed.
Mother's consent
Paragraph 3 of Article 65 of the IC of the Russian Federation indicates the mandatory consent of both parents to the discharge or registration of a minor child.
This is explained by the fact that a small child is not able to independently determine such things, and parents are responsible for him. The consent of both parents is also required in case of divorce, not counting cases when one of the parents is in prison.
In this case, you must obtain a certificate of conclusion. The court can help resolve disagreements between parents and bring them to a common decision. Parents are required to attend the meeting.
A minor child cannot be registered where his parents are not registered. Even living with other relatives does not make it possible to do this.
From the age of 14, a child can consider the option of making an independent decision about registration. To do this, the child needs to contact the relevant authorities, taking his passport with him.