Can they refuse registration?


Regulatory framework

All aspects of citizen registration are regulated by the following documents:

  1. Federal Law “On the right of citizens of the Russian Federation to freedom of movement...” of June 25, 1993.
  2. Decree of the Government of the Russian Federation No. 713 of July 17, 1995 “On registration and deregistration of citizens...” and related Government Decree No. 809 of August 15, 2014 “On amendments to Decree... No. 713”.
  3. Housing Code of the Russian Federation. Art. 70-85 establish the procedure for registering residents in non-privatized apartments.
  4. The Code of Administrative Offenses (Article 19.15) lists sanctions for failure to register.

The system of all regulatory legal acts in the Russian Federation has a hierarchical structure, which in controversial situations presupposes the predominant action of those located above. At the very top of this structure are the articles of the Constitution of the Russian Federation; at the last stage - acts of local government bodies.

Procedure

How to register in a private house? Registration is not a problem, especially if you clearly know what documents you need to have and where to apply.

Where to go?

It depends on where the private mansion is located.

If your home is within the city limits , then you need to go to the housing and communal services passport officer, the MFC or the territorial branch of the passport and visa service.

If a private house is attached to a small settlement , then you should direct your steps to the local administration, where a passport officer receives on certain days.

Read about whether pensioners should pay tax on a privatized apartment here.

List of documents

What documents will be required? Depending on the type of registration, there is a difference in the application form .

  • passport;
  • application for registration of a certain form;
  • documents for the right to move in - warrant, certificate of ownership, social contract. hiring, court decision or other;
  • an extract from the house register (or the book itself);
  • written consent of the owner.

It is not necessary to present title documents; registration authorities can request these papers from other state authorities. structures.

When registering a non-relative, a rental agreement may be required between the tenant and the owner of the house.

Do I need to get anyone's consent? If registration is to be in a house that is in shared ownership , then you need to obtain consent from all co-owners.

It will also not be possible to obtain a residence permit if the owner of the private property objects.

When the house belongs to the municipality, then agree with this state. the body must add one more tenant, as with all members of the tenant’s family (except for minors).

Application form for registration at the place of residence.

Do I need to leave my previous place?

For temporary registration, an extract is not required. Permanent registration can be carried out at the citizen’s new place of residence if he checked out before leaving.

But it is not at all necessary to register from the old address - clause 31 of the Russian Federation Regulations dated July 17, 1995 N 713 allows to be carried out simultaneously - both registration and deregistration from the previous place.

This method is even more convenient - you don’t need to contact the migration authorities twice, and besides, it eliminates delays.

Receipt times

The period for obtaining registration is 3-8 days (counting from the date of transfer of papers to the registration authority). If all the papers are provided in full, then 3 days is enough, and 8 days are given by law in cases where a request is made regarding title documents or when submitting documents remotely.

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Re-registration after discharge

Decree of the Government of the Russian Federation N809 establishes a seven-day period for re-registration at a new place of residence. This period assumes the necessary time for packing and moving. This procedure includes several stages:


  1. Deregistration at the previous place of residence and filling out a departure form indicating the new address.

  2. Waiting for registration within three working days and mandatory receipt of the appropriate stamp in the passport.
  3. Contact the passport office at the arrival area and follow a similar procedure to obtain a registration stamp. The wait can take up to two weeks if there is no departure certificate.

Advice. If possible, do not rush to check out of your apartment if you are not sure that you will have time to register at your new address within the time frame established by law.

In the same city, these processes can be carried out in parallel by requesting passport office employees to the Federal Migration Service at the previous address, followed by an extract.

How to register?

To minimize the effort spent on the registration procedure, you must first draw up an action plan for its implementation .

What documents do you need to provide?

  1. All-Russian passport and birth certificates of young children (up to 14 years old).
  2. Certificate of registration of ownership of housing, if we are talking about a privatized apartment. If the housing is municipal, an alternative would be a warrant or a tenancy agreement.
  3. Application from a person wishing to register. It has Form No. 6 strictly established by law. The application form can be requested from the passport office staff or printed from the Internet.

In some cases, other documents will be required:

  • If registration is required in someone else's apartment, an application from the owner is required. In case of shared ownership - notarized consent from each owner.
  • If the apartment is not privatized, a similar written consent will be required from each of the residents. And in the case where there are no close relatives among the residents, a permit for registration from the Property Management Department upon the application of one of the tenants.
  • If we are talking about re-registration, you must provide a departure slip. This will shorten and simplify the procedure.

Algorithm of actions


  1. Collection of documents listed above. Deregistration at the previous address.

  2. Providing a package of documents to the passport office. Documents are usually submitted in the form of copies; originals need to be brought only for verification. However, the original passport will have to be given to the employees to receive a registration mark.
  3. How many days is prescribed? Waiting for registration from one to three working days upon presentation of the departure certificate and from seven to fourteen days without it.
  4. Receiving your passport back with a registration mark on the agreed day.

State duty and payments

Citizens of the Russian Federation are not charged a state fee for registration.

Participants

To complete the registration procedure, the personal presence of citizens is required. The only exceptions are children under 14 years of age. In addition, if the consent of the owner of privatized housing or persons in a municipal apartment is required, they must also be present. When there are several such persons, they can delegate the representation of their interests to one person by issuing a power of attorney, duly notarized.

On a note. If the owner cannot be present during registration, it is possible to provide a notarized statement with his consent.

Features and nuances

As we already mentioned, the registration procedure varies slightly depending on the following factors:

  1. The apartment is in someone else's property. An application from the owner, submitted in person, is required.
  2. Non-privatized apartment. A foundation agreement is required, confirming the right of residence, and the consent of all residents, similar to the previous paragraph. In addition, permission from local authorities will be required if registration is carried out by unauthorized persons.
  3. The registration of minor children with their parents is simplified and is carried out regardless of the consent of other persons and the size of the living space.

Sometimes passport office employees unlawfully prevent those liable for military service from obtaining registration, citing the latter’s need to first resolve the issue with the military registration and enlistment offices. Everything is exactly the opposite: first you need to register at a new address, and only then register with the local military registration and enlistment office.

Rights of the registered

Most owners still have concerns that registering their living space in a private home may result in problems with registration.

There is no need to worry about this, because registration is just a notification measure and has nothing to do with ownership rights .

And yet, some of the owner’s fears are partially justified: having received registration in a private house, the new tenant, without any agreement with the owner himself, may well register one or more of his minor children here, which is really difficult to get rid of.

The registered person has the right to live in this private house , and other actions with the living space of someone else's house, such as:

  • rental;
  • sale;
  • registration of collateral;
  • registration of your family (except for young children), etc.

It is impossible to carry out this without being the owner of at least a share.

Also, having registered at the address of a private house , a tenant can:

  • be served in medical institutions at the place of registration;
  • enroll a child in kindergarten or school;
  • use the services of the employment service, pension fund in the area where the home is located;
  • Find a permanent job with full social benefits. package, etc.

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It does not matter whether the registration is permanent or temporary. Only temporary registration has its end, and those registered on a permanent basis can sometimes be expelled only with the help of the judicial authorities .

What does registration without property rights mean?

Registration in any case does not give ownership rights.

Bodies empowered with the right to register can only, in accordance with their powers, carry out registration, and at the same time cannot issue any guarantees on the behavior of the new resident .

Without government participation The owner of the organs has the right to draw up an agreement and sign it bilaterally before going to the passport officer. Such an agreement is intended to determine the scope of the tenant’s claims.

Such an agreement, if there are signatures of both parties, may well be taken into account by the judicial authorities if the document is drawn up correctly: the details of the parties are indicated, allowing them to be identified, the date and place of signing. also important to provide the following information:

  1. Data about a residential building - address, area, form of ownership, details of title documents.
  2. Under what conditions does the owner agree to register the tenant?
  3. Validity period: with temporary registration, the period must coincide with the time during which the tenant intends to live here, and with permanent registration - 1 year, for example, or another period, at the end of which the document can be extended.
  4. Degree of relationship (if any).
  5. Signatures of the parties.

At first glance, this is not serious, but those who have this opinion are mistaken: such an agreement is legally quite legal, moreover, the tenant was initially warned about the limits of his real claims in this private property.

Possible reasons for failures

Quite often there are precedents for refusing registration to citizens. The prevailing legitimate reasons for such refusal:


  • There is a mess in the documents. This could be, for example, an expired passport or some missing document. If this reason is eliminated, the further procedure will continue as normal.

  • Lack of minimum living space in an apartment established by law, which is 6 sq.m. per person. This reason is justified for municipal housing and when registering with strangers.

Those wishing to register in Moscow or St. Petersburg are especially often denied due to their huge number.

Refusal must be provided in writing, stating all reasons and legal grounds.

Attention! In the event of an unlawful refusal by passport office employees, citizens have the right to go to court to protect their rights.

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