Permanent registration without the right to living space: its cost and sample contract

Temporary registration without ownership rights

Temporary registration is official registration at the current location for a short-term period.
This form of registration allows citizens of the Russian Federation to enjoy all social benefits (medical care, enrolling children in other schools), and for foreigners to avoid paying a fine when traveling outside the Russian Federation. Registration of temporary registration does not negate permanent registration. For foreigners, the period of temporary registration is limited by the validity of a visa or migration card, and citizens of the Russian Federation can regularly extend it if necessary.

How to register temporarily?

Permanent and temporary registration are accounting measures without ownership rights, only the right of residence appears.

With temporary registration, a person most often has a permanent residence permit in another locality, where he may also have ownership rights to a house, apartment, or room.

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Minor children will be registered with temporarily registered parents without any consent and regardless of the owner’s opinion on this matter.

Temporary registration has an end date, after which deregistration automatically occurs.

It should be borne in mind that the consent of a minor child to deregistration is not decisive: the child follows his parents, since without them he does not have the right to be registered (Article 20 of the Civil Code of the Russian Federation).

If temporary registration is planned for a long period, then the best solution for the owner would be to sign a residence agreement without ownership rights.

Permanent registration without transfer of ownership

From temporary, permanent registration differs in more complex procedural relationships between owners and tenants. A citizen of the Russian Federation must register at his place of permanent residence within 90 days. The validity of the registration may be suspended when registering in a new place or when drawing up an extract sheet.

You can receive a stamp for permanent registration without the right to living space on the basis of a rental agreement or an application supported by the necessary package of documents, as well as duly executed permission from all owners. Such permission can be issued at the territorial body of the Ministry of Internal Affairs, MFC in the personal presence of the owner during the submission of documents or in the form of a notarized application.

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The procedure for registration without ownership rights in privatized housing

The Constitution of the Russian Federation gives the right to use property at one’s discretion, if this does not contradict current legislation and does not violate the rights of other citizens, including registering or deregistering citizens at the address where such real estate is located.
To register in such an apartment or house, the owner does not need anyone’s permission. This also applies to his children under 18 years of age. If necessary, the owner can register the desired number of people, without observing the standards for recording living space per resident. If the apartment is privatized by several people, the consent of all owners is required to register third parties.

To register, you must submit an application and title documents for real estate to the passport office, MFC, or ter. representative office of the Ministry of Internal Affairs and within 3-8 days depending on the place of submission. The owner can also discharge a tenant at his own discretion.

Registration registration: stages, features

One of the ways to additionally document the fact of registration, as well as resolve some controversial issues, is an agreement for the temporary use of residential premises. It is he who determines the rights of the general owner of the premises and protects the property owner from “uninvited” guests. As one of the terms of the contract, it is possible to provide for cases and terms of termination of the contract, for example, the contract can be terminated by decision of the owner of the apartment within one day from the moment of expression of will and notification of the parties of intention. In addition, the agreement must necessarily contain the following provisions:

on the date and place of signing (conclusion) of the agreement;
about the deadline. Thus, a period can be equated to a specific calendar date or designated by some event. For example, a person may have a residence permit in an apartment until ownership passes to another owner (this happens not only during sales and donations, but also during inheritance), or until a significantly significant fact occurs (the end of an employment contract, graduation, etc.) .d.). With temporary registration, the term is an essential condition of the contract;
about family ties. It would be better if you indicate in the contract the fact of the presence/absence of family ties. This clause is not a mandatory condition, but in the case of disputes being considered in court, the absence of family ties can become a decisive argument;
about subject and object. An object is an apartment or other premises where the person who is the subject will be registered. In relation to the property, you can indicate the characteristics, as well as the address of the location, and in relation to the subject, it is necessary to include passport data in the contract so that the person can be identified in case of problems.

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The temporary registration procedure is drawn up in accordance with the general rules for registration of individuals, however, this procedure has its own characteristics. In addition to the package of documents, the applicant fills out an application in the form to the registration authority, the applicant must submit the following documents:

passport or other document on the basis of which personal identification can be carried out. For persons under 14 years of age, such a document is a birth certificate;
a title document for a property where a person without the right to housing will be registered. It is this document that confirms the legal capacity of one person to dispose of real estate, i.e. actually determines the legality of the transaction. For example, for an apartment this could be a certificate of ownership;
application form. The application form can be printed out yourself or taken on site from the registration authority (this option is preferable);
consent of the property owner. Often, the title document for real estate (certificate of ownership) is replaced with a statement of consent from the owner of the property. This application must be certified and signed personally by the owner of the premises. The application must clearly and unambiguously indicate that the owner does not object to another person living with him.

The application form must be signed by both parties to the transaction; this is mandatory, because the signature of the apartment owner confirms the fact of his consent.

Thus, a significant difference between temporary registration and permanent registration is the presence of two statements that must be signed by the owner of the property: an application in the form on behalf of the person who will be registered and a statement of consent on behalf of the owner of the apartment.

Please note that if other persons are registered and live in the apartment, then written consent must also be obtained from them, based on which it will be clear that the above persons are not against it and do not object.

Registration can be obtained on the territory of the Russian Federation at the place of residence (place of registration). To do this, the applicant can contact one of the territorial authorities with a package of documents:

OUFMS;
MFC;
passport office of the housing department (for regions where there is an MFC, this item is not relevant).

At the same time, the MFC and housing department are only intermediaries between the registration authority and the applicant, while the registration itself is issued by the Federal Migration Service. The registration period is 7 working days. If registration is needed urgently, then the best option would be to submit documents directly to the Federal Migration Service. In the latter case, the procedure will take 3-4 business days.

The procedure for registration in municipal housing

You can register for public housing in one of the following ways:

based on a settlement warrant issued by the municipality. All persons declared in the order, as well as their minor children, can register;
having issued the consent of the municipality for registration, subject to the minimum square footage of the premises per tenant (in the Russian Federation, the average standard is 10 m2).

To obtain a permit from the municipality, it is necessary to provide consent from all employers living at the intended registration address. Documents are submitted to the Housing Office, Homeowners Association, MFC or the Ministry of Internal Affairs in the same manner as in the case of privatized housing.

How to prevent a tenant from becoming a co-owner

In Russian legislation there is no concept of “registration without the right to property”. An alternative to this is temporary or permanent registration.

A registered citizen can become an owner or co-owner only if they purchase housing or a share thereof. Or in case of transfer of ownership of the property from the owner in another way, including by court decision.

Expert opinion

Mikhailov Evgeniy Alexandrovich

Teacher of civil law. Lawyer with 20 years of experience

All residents registered in municipal housing have the right to participate in its privatization. It is impossible to privatize such housing without their participation, and to write it out without their consent may only be possible through the court, and even then, not always.

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Registration without ownership rights. Agreement

When registering strangers at the place of residence, it is recommended to conclude an agreement and have it certified by a notary. Exceptions may be made for a relative or close friends whom the owner completely trusts. In the contract, the parties have the right to specify all the nuances and rules associated with a person’s residence at the place of residence.

The homeowner can determine the amount of payment for utilities, the rules of residence for a citizen and much more. A registered citizen in the contract receives guarantees regarding the duration of residence, settlement and eviction procedures.

The lease agreement must necessarily contain:

maximum number of registered residents;
the validity period is indicated (required to obtain temporary registration);
degree of kinship when relatives settle;
details of the parties;
liability for damage to property, late payment, and other violations of the terms of the contract.

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What rights do residents have?

From the moment of permanent registration, residents have rights and responsibilities for the use and maintenance of the premises. In case of disagreements with the owner, the resident can turn to government agencies to protect their interests.

Rights of residents with permanent registration:

reside, use apartment property and utilities;
receive pensions and subsidies at a specific address;
sublease housing to other people in agreement with the owner;
use the common area (elevator, corridors, etc.);
discharge and move to another place.

Responsibilities:

pay a share of utility bills;
participate in ongoing repairs (if necessary);
respect the rights of other users.

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Risks for the owner

There is a certain risk when registering relatives or strangers on a permanent basis. They cannot legally take the apartment, but they may well influence plans for sale or exchange.

The obstacle will be:

Refusal of a registered person to voluntarily deregister. The procedure for forced discharge through the court is quite lengthy. As a result, the home sale transaction may fall through.
Residence of a registered person in another place. An unscrupulous tenant may leave without leaving contact information. Selling or donating an encumbered apartment is problematic.
Permanent registration of an adult with a child. Evicting a minor citizen from his permanent place of residence is quite problematic and, in most life situations, even impossible. Litigation often does not bring a positive result, since the law protects the interests of the child.

Parents who are registered in the living space have the right to register their children without notifying the owner of the property, since Art. 20 of the Civil Code of the Russian Federation states that children must live (and therefore be registered) with their parents (or one of them).

Registration of a child without ownership rights

The child must live with one of the legal representatives, which includes parents, official guardians or state specialized institutions. This provision of the law allows registration of newborns and minor children at the place of residence of the father or mother.

When registering a newborn within 30 days, registration is carried out on the basis of an application from the mother and does not require the presence of the father.