Registration without ownership rights
Not every person has the means to own their own real estate .
In accordance with current legislation, all citizens must be registered .
Therefore, people are forced to apply for registration while studying for work or other circumstances.
According to the Law of the Russian Federation of June 25, 1993 N 5242-1, all citizens of the Russian Federation must have permanent registration .
Registration is considered to be the official assignment of a citizen to a specific residential address.
The legislation does not prohibit the movement of citizens from one locality to another. Therefore, sometimes individuals receive temporary registration .
It is important to know that registration will not imply rights to own real estate , since for this you need to be the owner of the premises or have a share in it.
Read our article about how many people can be registered in an apartment by law.
Rights of the registered person
Obtaining a residence permit is a common process, and the persons assigned to a certain premises can be both representatives of the Russian Federation and foreigners arriving from other countries.
A person who has a residence permit in a specific apartment cannot possess or dispose of it .
The law allows a citizen who has been registered at a specific address to stay there .
Registration does not give the right to own housing and gives a number of responsibilities:
- payment for housing and utilities;
- housing maintenance.
There are only two types of registration: temporary and permanent .
Permanent registration and its registration
It is important to know that permanent registration brings more troubles for the owner than for the person being registered.
Therefore, before registering it, you need to think carefully, even if there is a question about moving in a relative .
Only a court or a registered person at his own request terminate .
However, permanent registration does not mean that a citizen registered in the premises must live in it regularly.
Confirmation of the occurrence of permanent registration is considered to be a stamp that is placed in passport .
Find out how to obtain a certificate of registration at your place of residence here.
In a privatized premises
Any person has the right to register in his living space those citizens whom he has chosen for this procedure. However, if the owner of the home is not only he , but also other owners, then permission from these citizens is required.
An exception is the registration of a minor child , which is carried out without the consent of the owners.
Sample of owner's consent for registration.
In public housing
When registering in housing belonging to municipal premises, it is important to take into account the following features:
- if the tenant of a municipal apartment wants to register a person who is not a relative , then you must first ask permission from the local government;
- the number of meters is limited and if there are too few of them, then it will not be possible to register another citizen;
- the number of meters is regulated by local governments, in accordance with Article 50 of the Housing Code of the Russian Federation 10 meters of housing are provided per person .
If you wish to provide registration in municipal premises, the following documents are required from the owner of the property and other residents:
- consent to provide registration;
- rental agreement;
- passport;
- permission granted by the landlord.
Features of registration in the hostel
A special feature of obtaining registration in a hostel with a privatized room is obtaining permission to register from its owner and everyone who is registered in it .
If the hostel belongs to a government agency or municipality , then a social rental agreement , which serves as the basis for providing registration.
Temporary registration and its features
Registration for a certain period of time can be granted for a period starting from three months and reaching 5 years .
The premises chosen for temporary residence are not always the address of permanent residence, and citizens use it for a certain period of time .
The received temporary registration does not give a person the rights of ownership or disposal of residential premises, but provides the opportunity to live in the chosen place until registration is completed .
After this type of registration comes to an end, the opportunity to live in the premises disappears .
For persons with Russian citizenship, the acquisition of registration for a certain period of time does not cancel the obligation to obtain permanent registration within Russia.
If controversial situations arise, registration for a certain time does not imply serious consequences for the owner of the premises where the citizen is registered.
When purchasing a temporary type of registration, the citizen is given an insert confirming this fact, where the recipient’s data is written, as well as the address where he lives.
Here you can apply for permanent registration using Form 6 and temporary registration using Form 1.
Registration of a child without obtaining property rights
Registration of a child, temporarily or permanently, occurs without obtaining consent from the owner of the property , as well as other persons having shares.
In the case of such registration, children do not claim square meters at the address where they are registered permanently or temporarily.
The law provides for a rule under which a child must be registered within a period of one month . However, the law also allows a person to stay on the territory of the Russian Federation for 90 days .
The main contradiction is that if parents have not taken actions aimed at registering a minor, then they receive a warning .
If a child does not receive registration within 90 days, then his parents face a fine of several thousand rubles.
Obtaining a registration for a child can be done at the passport office that is located at the place of residence of persons wishing to register the child.
To do this, you need to prepare the following papers:
- Copies as well as originals of passports belonging to the child’s parents;
- Certificate confirming birth in the form of an original and a copy;
- Certificate of marriage between citizens, also in the form of an original and a copy;
- An application submitted by one of the child’s parents for registration at the specified address;
- Extract from the house register and personal accounts;
- A statement that the second parent consents to registration actions in favor of the minor’s residence with the other parent (only if they are registered with the child’s father).
A sample application for registration of a child at the parent’s place of residence and the second parent’s consent to registration.
After submitting the documents and their further consideration, the parents will receive a special certificate confirming the child’s right to reside in the territory of one of his parents.
What are the consequences of temporary registration for the owner, controversial situations
Some people have free living space that can be rented out. This is a great way to increase your financial income, but some tenants ask for temporary registration. Before concluding a lease agreement, you need to find out what the consequences of temporary registration are for the owner.
- imposition of sanctions from one hundred to five hundred thousand rubles, as well as forced labor or imprisonment for a maximum of 3 years;
- the employer has the right to carry out the registration process with the help of the court;
- if close relatives of the owner live in this way or the residents have a permanent address in the same city, punishment is not applied.
Rules for drawing up a registration agreement
When asked about registration, lawyers recommend protecting both parties and concluding an agreement . This will protect you from unpleasant and unforeseen situations.
If it is in the hands of both parties, then to resolve controversial situations . In order for a document to receive legal force, it must be signed by a notary .
This document will be serious evidence in court proceedings and therefore, before visiting the registration authority, it is drawn up between the owner of the premises and the person wishing to register in it.
The contract must contain the following points:
- The name of the signed agreement, as well as the date and place of its conclusion;
- Identification of the premises, that is, its exact address and type of premises;
- Identification of the parties to the contract, that is, data from the owner of the premises and the registered person;
- The basis for entering into this agreement;
- It is important to state that the registered person will not have the right to the living space , nor the ability to dispose of it;
- The contract indicates the degree of relationship of the person being registered , since in controversial situations the court may recognize him as a distant relative and then it will be difficult to register;
- If we are talking about temporary registration , then you need to specify the terms for drawing up the contract in order to protect both parties;
- Affixing the date and signatures from both parties to the agreement.
Sample registration agreement without ownership rights.
Sample application for registration at the place of stay
Likewise, there is nothing complicated in obtaining temporary registration. The main thing is to obtain the consent of the homeowners or other legal grounds. After that, all that remains is to enter your own data into it.
Additionally, you can use a ready-made sample. You should contact him if you have any questions regarding the correctness of data entry. The following documents must be submitted along with the application:
- passport or birth certificate of the person who is being registered;
- owner’s passport (if it is another person);
- document providing the basis for registration of temporary registration (for example, a lease agreement, free use or a certificate of ownership).
If the owner provides an apartment or other housing for the temporary residence of a person who is not a member of his family, then it is necessary to conclude an agreement, which does not necessarily have to be compensated.
Procedure for registration
Registration is carried out according to the following algorithm of actions:
- The first thing that is required of a citizen who wants to register at the chosen address is to register at his old place of residence ;
- Next, you need to visit the selected authority for registration: the department of the Main Department of Migration Affairs of the Ministry of Internal Affairs or the MFC . It is recommended to make an appointment online to avoid long waits in lines. Many people are accustomed to using the State Services , where after successful registration they can fill out all the relevant fields and submit an application. After the application is accepted, the applicant will be assigned a date and time to visit the registration authority, which will reduce the waiting time in queues;
- The owner and other owners of the property, if there are any, write written consent to the provision of registration;
- A citizen who wishes to register fills out an application for registration. If a citizen did not register at his previous place of residence, then he indicates the “departure” as well as the “arrival” addresses at the new address;
- After the documents have been submitted, you must wait three days during which a decision will be made to grant the requested registration;
- Next, the citizen comes to get documents .
Documentation
To obtain registration at the chosen address, it is necessary to prepare a number of documents that must be submitted to the registration authority.
These include:
- passports from the person registering and the owner of the premises;
- title documents from the owner;
- certificate of registration of ownership;
- If personal presence is not possible, a power of attorney is required from the person who is involved in submitting documents for one of the parties.
The person being prescribed is required to provide:
- military ID, if this is a citizen liable for military service;
- extract from previous residential address.
For step-by-step instructions on how to properly register in an apartment, watch the video:
Rules for filling out an application for registration at the place of residence and place of stay
When applying to the MFC or the passport office of the Criminal Code, the application must be filled out on paper using a special regulated form No. 1 - for temporary registration and No. 6 - for permanent registration. When preparing an application online, all data is provided in electronic form. In this case, there is no need to fill out paper documents, which simplifies and speeds up the registration process.
If the document is prepared in free form, it will simply not be accepted. You will still have to fill out the standard form and spend extra time.
General rules for filling out paper and electronic applications:
- All data in the document must be reliable. GUVM employees can check the information before entering information into the registration database. If inaccurate information is found, registration will be denied. You'll have to start all over again and spend extra time.
- All information in the application must match the attached documents. This is especially true for personal data. Any errors and inaccuracies must be avoided.
- Abbreviations that are not generally accepted are not acceptable. It is better to avoid them altogether unless they are included in the attached documents.
- Before submitting your application, you must check it for errors. Sometimes a single letter error can cause a document to be rejected. Of course, it can be corrected and the request can be submitted again, but this will lead to a loss of time.
When filling out an application on paper, the following rules additionally apply:
- It is allowed to fill out the document by hand or typewritten (for example, using a computer). The latter option is preferable, but you can enter the data with a regular ballpoint pen into the prepared form.
- If data is entered by hand, the handwriting must be legible. It is recommended to write in block letters.
- Do not use any correction fluids or make corrections to the document. If a mistake is made, you will have to take a new application form and fill it out again or retype the entire document.