You can find out whether you can register in a hostel, at a dacha or in SNT, as well as in apartments or in a village on private household plots from our articles.
Is it possible to?
Is it possible to register yourself and register another person in a communal apartment?
You can register in a communal apartment yourself.
Anyone who lives in it legally , be it a social tenancy agreement or property rights, as well as family members of such a person have every right to do so.
This does not require the consent of all residents of the communal apartment, but written confirmation from those living in a particular room is required.
How to get an apartment or housing subsidy in St. Petersburg
An apartment provided under social rent must meet the standard of “at least 18 sq. m per person." But there is a problem. For example, parents with many children who have recently joined the waiting list have little chance of getting housing in the coming years, to put it mildly. That is, for five people (parents and three children) the apartment should be more than 90 square meters. m. And such facilities are in short supply in modern new buildings. The fact is that social housing programs have actually been curtailed. The city purchases apartments from developers through electronic auctions at “uninteresting” standard prices. Therefore, new residents do not have to count on interesting options (in the coming years, it is planned to purchase housing, mainly in Shushary, which will cover the needs of no more than 15% of those on the waiting list).
Unlike social rent, it will not be possible to privatize and exchange such housing for another. So, if you want to become an owner ahead of schedule or upon dismissal, you will have to buy the apartment at the market price and with a one-time payment. Or terminate the contract with a refund of the amount paid, but without indexation. Exceptions include retirement or disability for medical reasons. In short, everything has been done to ensure that teachers and doctors remain cheerful and productive for as long as possible.
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Legislative basis
Among the main legislative acts regulating the issue of registration:
- Law No. 5242-1 of June 25, 1193 Establishes the rights of citizens to move, place of residence, change it and attach to such a place;
- Government Resolution No. 713 defines the main rules for registration of registration;
- The Housing Code of the Russian Federation determines the basic rules for the use of housing and the norms of living space per person;
- The Civil Code of the Russian Federation enshrines basic human rights of a civil nature and affects some housing aspects.
Possible reasons for refusal
Refusal to register a tenant in a communal building, provided that the applicant submits all the necessary documentation, including the consent of family members, is possible only when the housing is considered the property of the municipality, and moving additional residents into it reduces the living space allowance for each citizen living in the room.
No one has the right to refuse the owner of the room to register relatives or strangers. If the owner receives such an unlawful refusal from the migration service, it is possible to appeal the decision through the court.
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Number of registered
How many people can be registered in a communal room?
If the premises are municipal or state-owned, then there are restrictions that are established by each municipality in terms of area per living person (if we are not talking about the tenant’s family).
If it is owned, then there are no restrictions on the number of registered ones.
Everyone registered must actually live in the room, otherwise an administrative fine for fictitious registration may follow.
Temporarily
Temporary registration is completely subject to the same rules and regulations as permanent registration (read about the differences between temporary and permanent registration).
That is why, if the room is owned , then the owner decides the issue at his own discretion.
If it is municipal , then the consent of absolutely everyone registered is required.
Registration procedure
How to register in a communal apartment? Depending on whether the room is owned or not, the owner or tenant has the priority right to register
The procedure is standard , consisting of several steps:
- Collection of papers and their preparation for submission to the registration authority.
- Appearing at the registration authority with papers and drawing up an application.
- Waiting for the result.
- Obtaining registration.
In general, the procedure is not complicated and does not take much time. However, you need to understand the list of documents in advance and choose the place of registration.
Registration of another person
How to register an unauthorized person in a communal apartment?
A peculiarity in the procedure for registering a non-owner in a communal apartment is the preliminary obtaining of consent from all those already registered.
If the person is not a family member , then the consent of the landlord is also required. The remaining stages, if such consent is available, are standard.
How to register a person in a communal apartment? Where to begin? For a family member of the tenant, if the room is not privatized, you must start by obtaining permission to register everyone registered.
If the room is privatized, then this step is not required.
Next, you should prepare the documents and begin the registration process.
Where do you register? Regardless of the type of ownership of the residential premises, registration is carried out by the Main Directorate for Migration Issues of the Ministry of Internal Affairs of Russia .
This body has branches in all cities and major towns of the country. It resolves all issues with migration registration and others related to them.
Registration in a communal apartment in 2020
A communal apartment is a premises consisting of several rooms that belong to specific individuals or several premises of a general type (use).
If a citizen has owner rights to a communal room, then he has the right to register other persons in it.
In this case, the general rules and requirements imposed by law regarding the registration procedure must be observed.
In the room
If a citizen is the owner of a room, he has the right to register anyone in his own premises, be it relatives or strangers.
Registration in communal housing gives rise to two types of rights:
Ownership | that is, the use and disposal of the room (this number also includes the right to register other residents in the living space) |
The right to common areas in communal housing | this right belongs to all room owners in equal shares |
The right of ownership of residential premises in communal real estate arises from the moment of registration of such right with the relevant institution.
The registration itself will be carried out in a separate room, owned by the citizen by right of ownership or provided under a social tenancy agreement.
Registration in the room will be carried out according to general rules and you will need to collect the following package of papers:
- statement (f-6);
- birth certificate of minors under 14 years of age;
- title document for the room;
- consent from other persons registered in the housing;
- permission from the municipal authority if the room is in its possession;
- house book for your own rooms.
A properly collected package of documents is transferred to the migration service department or MFC. The registration procedure is carried out within a general period of seven days.
Owner
If communal housing is municipal property, then you will need to obtain permission for registration from the executive authority that acts as the owner of the housing.
In addition, it will be necessary to collect consent from all persons living in the communal room.
An exception will be the registration of family members of the employer or his close relatives.
The procedure for registration in communal housing will depend on the form of ownership, that is, on whether the apartment belongs to a private owner or belongs to a municipal fund.
To register, you will need to contact the Federal Migration Service of the Russian Federation or the passport office. The registration procedure will not take more than three days.
The registration procedure includes:
- The citizen receives written permission from the owner of the room to register.
- If the apartment is part of the municipal fund, then consent from neighbors will be required.
- An application and the required package of papers are submitted to the migration service.
Within three working days, the registrar will check the submitted documents, after which the applicant will be able to receive a passport with the appropriate registration mark.
Municipal
When registering in residential premises belonging to municipal property, you will need to obtain consent from the local executive authority.
Consent will also be required from all citizens living in the apartment together with the tenant.
The main condition that must be met is compliance with the standard living space provided for one person.
This norm is determined individually for each region and can vary from 8 to 12 square meters.
Temporary
Temporary registration does not require deregistration from the main place of residence where the citizen previously lived.
In this case, a citizen can have two types of registration at once - temporary and permanent.
If a citizen has permanent registration and needs to travel to another locality for a period of no more than 90 days, then it is not necessary to apply for a time-limited registration at the place of stay.
If the stay exceeds the specified period and the citizen does not register, then the citizen and the owner of the premises into which the occupancy occurred may be brought to administrative liability.
To obtain temporary registration, you will need to obtain permission from the owner of the residential premises. Temporary registration is issued for a period from one day to five years.
To obtain this type of registration, you will need:
Identity card of a citizen of the Russian Federation | or a document confirming the birth of children under 14 years of age |
A properly completed application | and documents confirming the right of ownership of the residential premises in which registration is planned |
Consent of the owner or lessor | as well as all citizens living in this premises |
The application form can be obtained by contacting the registration authority. All documents should be copied and submitted along with the originals to the registration service specialist.
Temporary registration in communal housing is issued according to the same rules as permanent registration, based on the general rules and requirements provided for by the current housing legislation.
Relatives
If a citizen, who is the owner of communal housing, wants to register his relatives there, then there will be no restrictions for him.
Consent for registration will be required from persons living in the premises only if they also act as owners.
It must be taken into account that when registering relatives in residential premises, the living space standards per registered person must be observed.
The standards will be different in each region of the Russian Federation. If this norm is violated during registration, the registration authority will refuse to accept documents and prohibit registration.
If the registration of a relative is carried out by a citizen who does not have rights to own the premises, then the consent of the real owners will need to be obtained.
Consent will need to be obtained from both those living in the housing and those who are not temporarily living in it.
Minor citizen
Registration of minor citizens is carried out in a simplified manner. This means that to complete the procedure, you will not need to obtain prior consent, either from the owners or from the persons living in the premises.
Children, by law, must be registered in the premises where their parents or other legal representatives are registered.
This rule also applies to cases where registering a child will lead to a reduction in the square footage of the room per family member. No one can prohibit the registration of minors.
If the child has not reached the age of 14, then registration will be carried out on the basis of an application submitted by the parents and their passports.
After reaching the specified age, the child has the opportunity to independently submit documents and his personal passport.
Foreign applicant
For foreign citizens, the rules and nuances of registration in communal housing are identical as for Russian citizens.
This means that the owner of the premises can register himself or other residents in it without obtaining additional permits.
If a citizen acts as an employer, then consent will have to be obtained from the local municipal authority and all residents of the residential premises.
In the Russian Federation, registration of foreign persons can be either temporary or permanent.
Everything will depend on how long the foreign person entered the territory of Russia:
Temporary registration | is issued if the arriving foreign person plans to reside in the Russian Federation for more than seven days. Registration can be carried out in the residential premises into which occupancy was carried out, confirmed by documents on rent or free use, in places of temporary stay |
Permanent registration | issued at the place of residence. If a foreign person has purchased residential real estate on the territory of the Russian Federation and plans to live in it, then registration will be a mandatory procedure. Permanent registration has no time limits, but does not give foreign persons the right to renew it on the basis of a residence permit in the Russian Federation |
Foreigners arriving from countries that have a visa regime with the Russian Federation can apply for registration only for the period of its validity.
The received residence permit allows foreign persons to stay in the country for an unlimited period, but registration at the place of residence will be mandatory.
What documents are required?
The list of those documents that you cannot do includes:
- identification (passport);
- statement;
- social tenancy agreement or certificate of ownership, depending on the type of housing;
- consent of all those registered, if required;
- technical passport of the premises;
- other papers.
Until 2008, it was necessary to obtain the consent of the owners of all other premises of the communal apartment and provide a certificate of the absence of certain diseases. Today this is not required.
Where to submit documents? Despite the fact that there is a certain body responsible for registration , you can contact not only its branches.
There are other places:
- MFC. Such centers are open in many cities of the country and perform many operations;
- State Services portal;
- passport office at the housing department at the location of the communal property.
Registration for a room in a communal apartment
Registration in communal premises entails the emergence of certain rights. Firstly, this is the right of ownership or use of living space, within which a citizen has registration.
You can deal with personal property at your own discretion, but within the framework of current legislation. In particular, you can register close relatives or friends in the apartment without any problems.
As for the second right, it affects the possibility of using public places. Such rooms belong to all owners at the same time. Therefore, no one can impose restrictions on the use of residents, even if they are not the direct owners.
The right to use the property arises from the interested party immediately at the time of registration.
Required documents
To register for communal rooms in 2020, you must provide the following set of documentation:
- application in the prescribed form (No. 6);
- civil passports of the owner of the room and the registered person;
- certificate of ownership or social tenancy agreement;
- written consent of all parties interested in accordance with the law.
filling out an application for registration at the place of residence in 2020
When there are several owners
In some cases, especially when rooms are privatized, the housing area becomes shared ownership. In such situations, the registration of a new person will require the consent of all adult residents without exception.
If, in addition to the owners, other citizens are registered within the communal housing area, then obtaining their consent is not required. This is regulated by Article 247 of the Civil Code of the Russian Federation.
Article 247. Possession and use of property in shared ownership
The use of property in shared ownership is carried out on the basis of an agreement concluded between all participants, and in the absence of consensus - in the manner determined by the highest judicial authorities.
Participants in shared ownership have legal grounds to provide ownership of property commensurate with their share. Otherwise, they will be required to pay monetary compensation.
Sample of filling out an application for registration at the place of residence
If the housing is municipally owned
Registering for a room in a communal apartment that belongs to the state or municipality is much more difficult than in other cases. To carry out the relevant activities, the consent of all registered adults will be required. In addition, approval will be required from the head of the district administration or village council.
Registration of a new person may be denied if, after moving in, the total area for each resident is less than 15 square meters (this figure may be higher, depending on the standards established by a particular region).
It is worth noting that the restrictions do not apply to minor children, who in each case must be registered at the place of residence of one of the parents.
Features of temporary registration
Temporary registration in the apartments in question is carried out in accordance with the same established rules as permanent registration. The key difference is the limitation on the validity period of the registration - in municipal housing it can only be issued for 6 months
. After the expiration of the specified period, registration is terminated automatically.
It is important to remember that the procedure itself requires strict consideration of all conditions, ignoring which may be regarded by regulatory authorities as a violation of the law.
Timing and cost
In a standard situation , when applying directly to the Main Directorate of Internal Affairs of the Ministry of Internal Affairs of Russia, the waiting period for the result will be 3 days . However, filing documents elsewhere means a longer waiting period. It is about 6-7 days .
Registration completely free and does not imply any mandatory payments. Costs may only arise if additional representative services and others are required.
Consequences and risks
What are the consequences and risks of registration? When registering permanently in any premises (privatized or not), the one who receives it gains the opportunity to use and live in this premises.
This right cannot be deprived without the desire of the most prescribed. This may create some difficulties in the future.
The lack of the right to use housing and controversial registration issues will have to be resolved in court .
Thus, in a communal apartment, or rather a room, you can be registered. This procedure has its own characteristics, but does not differ much from the standard one.
Registration in a communal apartment
- The paper has a standard form that contains questions for the applicant - he must fill in the blank lines with answers.
- The form contains 2 sections: the main one, which remains with the Federal Migration Service, and a cut-off section, which is needed if the citizen has not been deregistered at the place of residence.
- On behalf of minors, their legal representatives can submit an application. In this case, information about them must be indicated in the appropriate section.
- The form must contain the name of the department to which the documents are being submitted.
- The corresponding section of the form must contain information about the document on the basis of which registration is made. The applicant may exercise his right and not provide a copy of the social tenancy agreement, but only indicate information from it in the application. But in this case, the registration period may take a little longer.
This is interesting: How to get a duplicate temporary registration 2020
There is a simplified procedure for registering children in communal apartments. In accordance with the law, they must be registered at the place of registration of their parents. The same rule applies to registering a child in a communal apartment when the square footage is reduced by 1 person.