For those who are selling their real estate, the issue of deregistration of registered residents is relevant. There are two options: before or after the transaction.
| 1. Deregistration: before or after the transaction 2. What you need to know to register in Minsk 3. Scheme for re-registration at a new place of residence 4. Does registration affect the possibility of concluding a purchase and sale agreement? |
Until 2007, the institution of registration was in force, which was replaced by registration at a permanent place of residence. In common parlance, everyone still refers to registration at the place of residence as propiska.
Deregistration: before or after the transaction
It is preferable for the buyer when the seller and his family members are deregistered before the transaction. In a pure sale, it is often not difficult for the seller to take such a step. If it is necessary to buy an apartment on the opposite side, the seller has nowhere to go before the transaction or does not want to go through this procedure twice. Each side provides arguments in favor of its point of view. So how to agree and resolve the situation? There is no single solution; each situation is individual. The party most interested in concluding the deal makes concessions.
We recommend checking out of the apartment before making a transaction. This is better for selling and helps with bargaining. You will be able to get a larger amount because you are not asking for concessions from the buyer. For buyers, the moment with the statement is often fundamental. If the seller checks out of the apartment after the transaction, he is in a weak position. The buyer may demand a discount, be nervous, or even refuse to purchase this option.
During a chain of transactions, sellers register in the opposite apartment being purchased; this can only be done after the transaction is concluded. The longer the chain, the later the first buyer will be able to register in the new apartment. Registration of new owners is possible only after the previous ones have been registered. This limitation can be circumvented under certain conditions. That is, register in an apartment with the former owners and their family members who are still registered. To resolve this issue, it is better to contact a realtor or consult the BTI, and then the passport office.
Belarus how to check out of the apartment
In such cases, the legislation provides for the possibility of judicially expelling a non-resident person from an apartment (private house) without his consent by filing a claim for loss of the right to use the residential premises. Despite the fact that the legal nature of recognition as having lost the right to use and eviction is different, the consequences are identical, namely the deregistration of a citizen at the place of residence, which allows him to be discharged from the residential premises.
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What you need to know to register in Minsk
The registration of citizens in cities is carried out by settlement centers and property owners' associations. In other settlements there are village councils.
When registering, it is important to take into account that in the city of Minsk you need 20 square meters of free total area per person being registered. Outside Minsk - 15 square meters. Without taking into account the meters of free total area, certain categories of citizens are registered. As a rule, relatives to relatives.
In the city of Minsk, without taking into account meters, they prescribe:
- Owner's own apartment;
- One spouse at the place of residence of the other;
- Minors and adult children at the place of residence of their parents;
- Parents at the children's place of residence.
Siblings are registered if they are minors and have no parents. And also if they are adults, have no parents, no families of their own and are disabled.
In addition to the above, outside the city of Minsk, without taking into account meters, the following is prescribed:
- Grandchildren to grandparents;
- Grandparents to their grandchildren;
- Siblings.
For those liable for military service, the re-registration process begins with military registration at the new place of residence. And then, with documents from the military registration and enlistment office, you need to contact the settlement center or the owners’ association at your new place of residence.
Rb When Selling An Apartment Check Out To Nowhere
In Russia, any socialized person is required to have a stamp in his passport with registration at a specific address (what was previously called propiska). If you are leaving your apartment or private house, you must register at your new place of residence within ten working days.
Sometimes there is a need to leave the living quarters. The reasons for such a step may be different, ranging from concluding a transaction for the purchase and sale of an apartment and ending with non-participation in privatization. Particularly difficult for citizens is the question of how to check out of an apartment “to nowhere” at their own request and what to do next with registration.
Is it possible to check out of an apartment to nowhere? How can you check out of an apartment to nowhere?
Therefore, there is a very clear answer to the question of whether it is possible to check out of an apartment to nowhere. According to the law, there is no restriction on deregistration, except for the irresistible desire of the person himself.
To fill out an application, you need to select the “Migration Service” section on the main page. Next, you fill out the proposed fields. Within three days you must be notified of the invitation to the FMS to receive a response with all documents. We would like to emphasize that all services are free for Russian citizens.
After registering a citizen at a new place of residence, the registration authority, within three working days, sends a message about the change of residence to the registration authority at the citizen’s previous place of residence.
To fill out an application, you need to select the “Migration Service” section on the main page. Next, you fill out the proposed fields. Within three days you must be notified of the invitation to the FMS to receive a response with all documents.
How to check out “nowhere” in order to sell an apartment
Vladimir Dolgikh, a lawyer at the Leninsky District Settlement and Computing Center, confirmed that today no one is being discharged “to nowhere,” that is, without indicating a new registration address. As for moving to Russia, this issue is within the competence of the migration service, since the RVC deals with registration only within Belarus.
The head of the citizenship and migration department of the Department of Internal Affairs of the Bobruisk City Executive Committee, Elena Gudeeva, said that in order to resolve this issue, the VB reader needs to obtain a new passport of a citizen of the Republic of Belarus of the PP series.
Checking out of the apartment to nowhere
- sale of an apartment with the investment of the proceeds in housing being built under an equity participation agreement;
- moving abroad;
- sale of an apartment by an owner who does not have any obligations of a related or other nature in relation to the residents registered in the apartment;
- alienation of residential premises in favor of a creditor for non-payment of debt.
The question that arises, how to check out of an apartment in nowhere, has a simple and unambiguous answer. The law does not limit deregistration to anything other than the wishes of the deregistered citizen or the owner of the apartment in which he was registered.
You can read about how temporary registration of a foreign citizen at the place of residence is completed on our website.
Is it possible to check out of an apartment without having a new place of residence (to “nowhere”)
Old house book By Decree of the President of the Republic of Belarus dated September 7, 2007 No. 413 “On improving the system of registering citizens at the place of residence and place of stay” (hereinafter referred to as Decree No. 413), the institution of registration was replaced by the institution of registration. Thus, it is incorrect to use the term “registration” now.
After registering a citizen at a new place of residence, the registration authority, within three working days, sends a message about the change of residence to the registration authority at the citizen’s previous place of residence. Thus, registration at a new place of residence automatically cancels registration at the previous place of residence.
Is it possible to check out to “nowhere”
Registration of citizens is regulated by Federal Law. This procedure is called registration accounting and is mandatory for all persons residing in the territory of the Russian Federation. Registration of citizens is mandatory not only for residents of the country, but also for foreigners.
There are situations when owners are left without registration and permanent residence. For example, if the owners sold the housing where they were registered, and in return purchased new property in a new building, where registration of property rights will be carried out only in a few months. In this case, is it possible for the owners to be discharged to “nowhere” and what are the consequences of not having a registration?
How to check out of an apartment to “nowhere”
The citizen must submit the application in person . After three days, he will be returned his passport with a stamp confirming deregistration, and will be given a departure sheet , which must be kept for registration at a new place of residence.
Sometimes events happen in life when you need to check out of your apartment and go “nowhere . This happens if a person, for example, sold the home where he was registered, and in return bought an apartment in a new building, the ownership of which will be registered in six months or a year.
Is it possible to check out of an apartment to nowhere, what to do if there is nowhere to register?
Registration of temporary registration in such places occurs in a simplified manner. It is enough to apply to the administration of the institution, fill out the necessary documents and present your passport. The person responsible for registration must take the documents to the Federal Migration Service and register you.
As mentioned above, for the lack of registration for citizens, administrative punishment is possible in the form of a fine from 2 to 5 thousand rubles. In cities of federal significance (Moscow and St. Petersburg) the fine is higher, in others it is lower.
My address is not a house or a street - or is it possible to check out of the apartment - to nowhere
- Permission received from the guardianship and trusteeship authority.
- Application for deregistration from parents (guardians) and from a child who is 14 years old.
- Certificate of persons registered at the previous address.
- Certificate of ownership of the property.
- Passports of the applicant and the child (for minors - birth certificate).
- The child lives in one apartment and is registered in another .
Thus, according to the rules of law, the place of residence of a minor is the address of his parents or guardians. If a child is registered with a person who is not related to him, but lives with his mother or father, then this is the basis for filing a claim for discharge with a federal judge. - Upon divorce of parents, when the child is registered, for example, with the father, but lives with the mother .
The mother has the right to discharge the child from the father’s apartment and register her child with her. - After a divorce, the court deprives one of the parents of parental rights . If until this moment the minor was registered with him (her), then he (she) can file a claim to remove the child from the registration register.
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Is it possible to check out of an apartment to nowhere?
Penalties for lack of registration According to the law, lack of registration deprives a person of the opportunity to take advantage of all social benefits, as well as many other benefits provided by the state. If you decide to check out of your apartment before selling it or for some other reason, you must take into account that you will not be able to:
However, there are some exceptions. A situation often arises when a child is registered in one place, but actually lives in another.
In this case, the law recognizes the child’s place of residence as the apartment where his parents or guardians live.
In a situation where the child is registered with a person who is not a relative, but actually lives with mom or dad, this may become a completely legal basis for sending an application for discharge to a federal judge.
Is it possible to check out of the apartment and not register anywhere?
It is possible, but this would be a violation of the rules for registering citizens at their place of residence or place of stay. The fine for this is from 1000 to 1500 rubles. You must register within 10 days, and a fine is imposed if the delay in registration is more than 30 days.
This offense is discovered when you go to register. If there are no legal actions required to confirm registration (for example, obtaining a passport, international passport), and the amount of the fine is not terrible, then you don’t have to register.
There can be no talk of any homelessness if you own housing.
You can check out and not register, I actually did this in 1996, due to moving to another city, I wasn’t registered anywhere for three months, then there was no fine just when I arrived and I had to change my passport, until one, until the second, I registered no problem, but I paid a fine for overstaying my passport.
Is it possible to check out of the apartment and not register anywhere?
I read what was written, understood it, but I don’t fully live outside of Ukraine, we sold the apartment and checked out. My mother and I (she lives with me) have two questions:—can my mother renew her bank pension card without registration in the city?—I still have a personal property. Can I sell a plot of land without registration? Maybe I’m being stupid with the questions, but I don’t want to bother any of my distant relatives with registration. Thank you!
Most likely they won’t renew your bank card without registration (it didn’t work out for me somehow). Regarding selling without registration - it is possible. When you sell an apartment, you first check out, and then draw up a sales contract.
Is it possible to check out of an apartment to nowhere legally in 2020?
If housing is owned by the municipality and citizens live on the basis of a social tenancy agreement, the discharge of a person who does not actually live at the specified address and does not pay utility bills occurs only as a result of a court hearing.
If you want to deregister or register, do it in accordance with Russian legislation, then you will not be afraid of fines and notices of administrative violations.
Is it possible to check out of an apartment to nowhere in Belarus?
My wife and I bought a house in the village and for the summer holiday I want to leave the apartment and register in the house because no one is registered there and all payments for energy are at a commercial rate. And in the fall I will re-register in the apartment again. There are certainly no problems leaving the apartment.
On September 7, 2007, Decree of the President of the Republic of Belarus N 413 “On improving the system of registration of citizens at the place of residence and place of stay” was adopted, which refers to “extracts”; the decree uses the terms “registration” and “deregistration”. However, the concept of “write out ” is often used in everyday life.
Is it possible and how to check out of an apartment to nowhere?
Despite the fact that the registration of citizens in Russia is of a notification nature, the absence of a stamp in the passport indicating registration at the place of residence has a very negative impact on almost all areas of life, for example, without registration a person will not be able to:
If you need to consult a lawyer for free on the issue of deregistration from an apartment “to nowhere,” then be sure to contact the lawyers on our website. They will be able to explain to you what to do in a given situation.
30 Jun 2020 hiurist 139
Source: https://urist-piter.ru/bez-rubriki/rb-pri-prodazhe-kvartiry-vypisatsya-v-nikuda
