Registration without the right to living space in 2020 - consent of owners and rights of registered persons

Is it possible to register at the place of residence with the owner of the apartment?

The main regulatory document establishing the rules of registration and obliging citizens to contact the registration authority in order to register at their place of residence or place of stay is Government Decree No. 713 of July 17, 1995. Registration is of a notification nature, documents must be submitted no later than 7 days from moment of arrival at a new place, otherwise you may face fines.

Article 2 of the Law of the Russian Federation of June 25, 1993 No. 5242-1 uses such a basic concept as place of residence - it recognizes the residential premises in which a citizen lives on the basis of:

property rights (registration of a person in his own apartment is written here);
lease, sublease, lease, gratuitous use agreements;
other grounds provided by law.

The owner has the right to register in the housing he owns:

members of your family - upon presentation of a document confirming relationship;
strangers - subject to a number of conditions.

On the possibility of registering a person in an apartment without the consent of other homeowners

Is consent required if a minor is registering? This situation directly depends on where his parents live. If the mother or father has a share in the apartment or simply has permanent registration, then they can register their children at this address. Moreover, this can be done without the consent of the second owner.

The owner has the right to decide for himself who he wants to register in his apartment. But if the property is divided into shares, then you will have to consult with other people. The owner must come to an agreement with other owners, otherwise the person registering will not be able to complete the procedure. And in this case, it does not matter who he is to the person who allowed the registration.

What does permanent registration give?

The declared place of permanent residence of a citizen will be linked to the possibility of exercising his rights and fulfilling his duties to public authorities - law enforcement, judicial, etc., society and other citizens.

Permanent registration will allow you to:

receive free medical care in a clinic, social support, outpatient and inpatient care in institutions assigned to the specified area;
use benefits, benefits and social services distributed on a territorial basis;
register your newborn child;
choose a kindergarten or school in your area of residence, and enroll your child there;
issue a tax identification number, pension certificate, medical policy, individual entrepreneur certificate, obtain and replace a passport, driver’s license;
register vehicles with the traffic police;
take out a loan, confirm your current location when applying for a job.

We wrote about what rights registration in an apartment gives in a separate article.

How to register a person in an apartment without the consent of other owners

In the first case, a person becomes the owner and receives legal rights to registration in an apartment (house). If each of the co-owners uses separate rooms in an apartment, then such an apartment can be considered communal, and he has the right to register any person with him without the consent of the others.

application form for temporary registration (a sample application is provided by the FMS);
residential rental agreements;
passports;
certificates of parents for temporary registration at the specified address;
marriage (divorce) documents;
child's birth document;
certificate that the child was not registered with the father (mother) (although the FMS can receive it through electronic registers).

Is the consent of the property owner required?

Registration of persons who are not the owners of the property is carried out with the consent of the owner of the living space.

Important! When registering in a residential premises that is in shared ownership, personal presence or notarized consent of all owners is required.

The basis for registration may be an agreement concluded with a citizen regulating the conditions and procedure for using housing. The agreement is a free expression of the will of the first and second parties and its drafting is not binding, but in the event of a dispute it will act as evidence in court. The document is certified by a notary. It should contain the following items:

name, date, place of signing;
identification of the object of the agreement - type of premises, location, confirmation of the right to dispose of it;
details of the parties to the agreement - names, passport details, TIN, etc.;
the essence of the agreement is the rights and obligations of the parties;
the term of the agreement indicating the end date of the relationship. If a conflict arises, it is easy to break a fixed-term contract without renewing it;
when concluding an agreement with a relative, indicate the degree of relationship;
date, signature of the parties.

We wrote in detail here about whether it is possible to register in a privatized apartment without the consent of the owner and without his presence, and from this article you will find out whether it is possible to register a person in municipal housing without the consent of its owners.

Is the consent of all homeowners required for temporary registration?

Special attention should be paid to the fact that the document on the basis of which a person is engaged in registration of temporary registration, in accordance with the norms specified in Article 30 of the Housing Code, may be an agreement for the gratuitous use of housing, a rental agreement, or some other legal basis, taking into account those requirements that are prescribed in the current civil legislation and the Housing Code.

The procedure for registering a private house registered as shared ownership will directly depend on how the division of this premises was carried out. If each person has an isolated room with a separate entrance, that is, has control of a full-fledged analogue of an apartment, then in this case there is no need to obtain consent from other residents. If the house is divided exclusively into shares without specifying certain premises, then in this case it will be necessary to obtain consent.

Registration without permission from other residents

Close and distant relatives, as well as strangers, can be registered in the living space only with the consent of all its owners, regardless of the size of their share. To register a new tenant as the owner of an apartment, permission from other registered persons who are not the owners is not required.

The grounds for registering a citizen as one of the homeowners are also:

the court decision made;
registration of the spouse for the share allocated in kind, i.e. when the share is a separate living space;
donation by one of the owners of part of their allocated share to a new co-owner of the property.

Attention! The consent of other owners is not required for the registration of a minor child.

Do I need permission from the mother or father or owner to register a child?

A clear indication of the registration authority to which the consent is sent, and information about the initiator of the application (name, passport details);
Below in the middle of the line is the word “statement”;
Please register the child with one of the parents, indicating his name, date and place of birth, data on the birth certificate in connection with the absence of objections from the second;
Date and signature of the applicant.

When choosing a place to register a minor, you should first of all be guided by the interests and observance of the legal rights of the children. If the father and mother do not come to an agreement on this issue, then it will have to be resolved in court by filing a claim to establish the child’s place of residence.

We recommend reading: Check enforcement proceedings of bailiffs by sheet number

Unpleasant cases

Only the owner, the one to whom it belongs as property, can dispose of the living space - sell, mortgage, donate. Registration, incl. and permanent, does not grant such rights. A registered citizen is only registered at a given place of residence and has the opportunity to reside and freely use common property. This material describes what permanent registration without ownership rights is and how to obtain it.

Cases when permanently registered residents cause inconvenience to the owner:

registration of a minor makes it difficult to evict registered citizens, and if the child has nowhere to be discharged, then forced deregistration is impossible until another living space is found;
increased payments for utility services (whether the amount of payment for utility services depends on the number of registered persons is described here);
commission of an offense, outstanding loan obligations - they are looking for an unscrupulous citizen at the place of permanent registration.

Read our material about what consequences the owner can expect if he registers another person in the apartment.

When is registration consent required?

address of the authorized body where registration is issued;
details of the shareholder's passport;
consent to register a new tenant;
passport details of this resident, including series, number, date and place of birth;
date of drawing up the consent;
signature of the co-owner.

At the same time, for divorced couples who have children, or if the registration of the child’s parents is at different addresses, the voluntary consent of one of the parents is required to register the minor at the place of permanent residence of the other.

Possibility of registration in shared ownership

The first one is risky. Donate your share to a relative who needs to be registered. When donating, there is no need to ask the consent of the remaining owners and offer them a preemptive right. On the other hand, nothing will prevent the new owner from evicting the donor in the future.
The second one is long but reliable. If the share in the apartment is large enough, then you can try to divide the apartment into separate rooms. This is done through the court. If successful, the apartment will turn into a communal apartment. And then the owner will be able to register whoever he wants in his room without the consent of all other neighbors.

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:

09 Jun 2020 uristland 187

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What documents are required?

In the case when a person is registered in housing that is in someone’s personal property, the following papers will be required :

passport for an adult and birth certificate for a minor;
standard form application;
documents on the right to real estate (certificate from Rosreestr);
technical or cadastral documents;
consent of all owners, if there are several of them, in writing;
power of attorney, if the applicant acts not personally, but through a representative;
military ID and other additional papers.

Where to submit documents?

The branch in the corresponding locality of the Main Directorate for Migration Issues of the Ministry of Internal Affairs of the Russian Federation is the first place where you can submit documents for registration.

In this case, the applicant applies directly to the body responsible for resolving such issues. However, in order to reduce its workload, there are other options, perhaps more convenient for the applicant:

passport office in the housing department (ZhEK) at the location of the real estate;
MFC;
State Services portal is an Internet site suitable for submitting applications and documents without queues. However, to receive the result and check the originals, you will have to come to one of the specified places.

You can find out how to register in an apartment temporarily through the MFC, State Services or mail from our article.