How to restore the house register?

Concept and purpose of a house register

A house register (DK) is a special journal intended for entering information about persons who currently live or have once lived in an apartment or house since the housing was put into operation.

With the help of this document, information is provided on the movements of citizens and administrative records are carried out on the territory of the Russian Federation.

The abolition of house books in Russia in 2020 provides that the registration service for residents of the country, both at the place of residence and at the place of stay, is provided by the territorial bodies of the Ministry of Internal Affairs. That is, unlike the previously valid procedure, it is impossible to obtain a certificate of registration or family composition from the management company for the house register.

However, this document has not completely lost its relevance at the present time.

The article “House book for a private house” will help you understand the reasons for this phenomenon.

How to restore a house register for a private house if it is lost? What to do in this case

A written statement from one of the owners of the real estate. In it you can write about the reason why the house register was lost, who has the right to be included in it and on what basis. Depending on which government agency you contact for reinstatement, you will be asked to fill out an application using one or another sample.

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Of course, such an important procedure as restoring a house register requires collecting a large number of papers. Some are already at your disposal and you just need to combine them and photocopy them. Others must be obtained from government agencies.

Is it necessary to restore the house register and is it possible?

The lack of a house register should not be taken lightly, because it may be required in the following cases:

• sale or exchange of real estate;
• privatization of an apartment;
• registration or registration in an apartment building or private house;

Many people are interested in whether a house register is needed, taking into account the changes made to domestic legislation last year. Let’s answer this question this way: in some cases, this document will not only come in handy, but without it, planned real estate transactions may be completely disrupted.

The fact is that in a number of administrative-territorial units of our country the era of electronic document management has not arrived. And although registration certificate Form 9 is also issued by Multifunctional Centers, the abolition of the house register has caused the formation of huge queues in these organizations. Because of this, obtaining such a certificate is often delayed by 30 days.

During this time, the buyer of the apartment can find another, more profitable option for him. As a result, the real estate seller will be left with his square meters while waiting for another citizen who wants to enter into a DPA (purchase and sale agreement).

Homeowners often wonder whether it is possible to restore a house register if it is lost or has become unusable. Let's say right away that this is impossible to do. The only option for continuing to maintain records is to register a new DC.

It is worth noting the former loyalty of domestic legislation regarding this issue. It was enough to present a new house register to the FMS division without providing its old copy.

Recovery procedure

To restore a lost house register, you need to contact the authority that originally issued it. The magazine itself can be purchased at a specialized stationery store, but without registration it will not have legal force. Therefore, with a new copy, you need to go to the territorial citizen service center, where it will be registered, stitched and stamped.

At the public service center, a specialist accepts and checks the documentation package and helps to draw up an application. There you can also get details for paying the state fee, which is 300 rubles. The established time frame for restoring a homework notebook is about 30 days.

Some organizations set additional rates for which you can speed up the delivery of the magazine. Prices depend on specific organizations and can reach up to 7 thousand rubles. For that kind of money, a house register can be completed within 3 days. Typically, people resort to expedited recovery if they urgently need an extract to complete a real estate transaction, such as a sale or a benefit, and cannot wait.

The process of restoring the house log of a private house is no different from that for an apartment in a high-rise building. You will need to collect the same package of documentation and go to the same territorial public service center.

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After the owner has received a new copy of the journal, he undertakes to restore the previous data in it. However, it is allowed to start keeping records from the current moment, indicating the currently registered persons as the first entry.

Consequences of the abolition of the house register in Russia

Before house books were abolished last year, the provisions of Order of the Federal Migration Service of the Russian Federation dated September 11, 2012 N 288 were in force in Russia.

The changes made to the legislation are aimed at ensuring the protection of citizens’ personal data. In the administrative regulations of the Ministry of Internal Affairs of the Russian Federation “On the provision of public services for registration accounting...” that came into force in April last year, house books are not mentioned.

The registration of Russians was transferred from paper archives to the databases of the domestic law enforcement system on electronic media.

Against this background, the question arises whether the house register has been canceled or not as a document capable of confirming the fact of registration of a person at a certain address. The answer in this case is: it still performs this function.

At the same time, there is one important point: the decision on how and to whom to provide information about the people registered in the housing is made only by the owner of the square meters. Without his knowledge, a certificate of registered persons is issued only at the request of departments that have the legal right to do so:

• Pension Fund of the Russian Federation,
• social protection authorities,
• courts,
• prosecutor's office,
• law enforcement agencies and other institutions.

But even in these cases, no one will provide such information without reason. This may include a background check, a trial, or a criminal proceeding.

A kind of passport for an individual residential building was the house register for a private house or apartment. When the owner changed, it was transferred to the new owners, that is, it followed the structure.

This document was required:

• when determining the list of benefits that residents could count on;
• if it was necessary to prove the fact of residence in Russia;
• in case of loss of a passport, when it was necessary to confirm the registration of a citizen in a household;
• to resolve housing disputes;
• if the owner wishes to sell the house.

Legal significance of the old house register opened before cancellation

In the context of the topic under consideration, real estate buyers are interested in whether persons who will retain the right to use the housing after a change of owner will register in the apartment without a house register. These include the following categories of citizens:

• placed in orphanages;
• those who went to study;
• drafted into the army;
• convicts.

From this point of view, all the information contained in the old house book remains relevant. Therefore, it is necessary to include in the DCT a clause according to which the seller guarantees the absence of encumbrances on the apartment from third parties.

All information about the residential premises and who is registered in it is contained in the above-mentioned registration certificate Form 9. It is this that, after the cancellation of the House of Culture, is requested by citizens for:

• registration confirmation;
• making transactions with real estate;
• carrying out the housing privatization procedure;
• registration of inheritance and other transactions with real estate.

There is no charge for the production of this document. Certificate 9 is issued at the passport office, usually on the day of application. It reflects the following information:

• the number of citizens currently registered in the apartment;
• how many persons were previously registered in housing;
• No one is registered in the residential premises.

Visitors to thematic Internet forums complain that they are refused to issue this certificate under the pretext of arrears in paying utility bills. You should know that the refusal in this case is unlawful.

The legislation does not define a specific time frame for the validity period of Form 9. Individual institutions and organizations set the value of this parameter, taking established legal practice as a basis - 30 days from the date of issue of the certificate.

What documents are needed to register a house register for a house?

In order to receive a house register, the owner of the corresponding residential premises must personally submit a written application in any form for the issuance of a house register, in which he should indicate the reason for receiving the house register (for the first time, due to its loss, damage, or other).

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What is a house book (also called an apartment book) and what does it contain? This is a document that stores information about citizens registered in a residential area, and not only about persons with permanent registration, but also about temporary residents. This data is recorded in an official document.

How can I get basic information?

The process of obtaining certificates is strictly regulated. Currently, there are a number of organizations operating whose services a citizen can obtain the necessary document.

First, let's mention where to get Form 9. The owner of a real estate property can receive this certificate, regardless of whether he is registered at the specified address. The following institutions issue this document:

• registration department in the local executive authority;
• Main Department of Migration Affairs of the Ministry of Internal Affairs;
• Passport Office;
• HOA, housing office;
• State Services portal;
• MFC, if a corresponding agreement has been concluded between the Center and the federal government in the region.

Form 9 through State Services is issued only to citizens who have their own account on this resource. By logging into your “Personal Account”, the user must:

1. Choose .
2. Please indicate your preferred location for receiving the certificate.
3. Wait for a response from the selected institution with an invitation to an appointment.

To receive a certificate you must present an identity card.

An extract from the house register through the MFC is issued to citizens who contact the Center and fill out the provided application form. You will need to indicate the type of statement required: archived, extended or regular. After this, you need to hand over a package of documentation to the MFC employee.

If, as a result of checking the papers, no questions arise, the specialist will set a date for receiving the extract. All you have to do is come on the specified day to receive this document.

Form 12 for an apartment will be required in the following cases:

• during a divorce when dividing jointly acquired property;
• when receiving an inheritance;
• when housing is transferred into ownership from one citizen to another under the DCT;
• when receiving a loan, including a mortgage.

You can get it:

• at the passport office at the applicant’s place of registration;
• through State Services;
• in the MFC;
• using Russian Post.

Certificate Form 7 is otherwise called “Characteristics of residential premises”. This document is a kind of simplified analogue of an extract from the Unified State Register or a cadastral passport. It states:

• year of construction of the building;
• information about the redevelopments carried out;
• number and size of rooms;
• number of storeys of the building;
• materials of supporting structures.

A certificate is issued at the MFC, at passport offices and through the State Services web portal.

The document in form 33 is now known as certificate form 11. Since 2020, a funeral benefit has been issued on its basis. The document is issued to the relatives of the deceased simultaneously with the death certificate on stamp paper after contacting the registry office, and is issued at the place:

• last registration (registration) of the deceased;
• the location of the medical facility where the death was recorded;
• death of a civilian.

What should heirs do in the event of the death of the owner in the absence of a house register?

Many people are interested in how to register an inheritance if the house register is lost. Analysis of Art. will help you figure it out. 1115 of the Civil Code of the Russian Federation “Place of opening of inheritance.” According to this document, a DC is not required to enter into an inheritance.

It may only be needed if other important data is missing. In particular, in the event of loss of a personal document, the heir needs to draw up documents at the passport office confirming that the last place of residence of the deceased testator coincides with the specified address. These papers will play a decisive role in the consideration of the inheritance case.

You should also bring to the notary:

• death certificate;
• extract from the Unified State Register of Real Estate;
• documents confirming the relationship of the heir to the testator.

For all this, 6 months are allotted from the date of death of the testator. Otherwise, the right will pass to the next in line of succession.