Home » Registration of citizens » Registration in apartments under the new law
June 18, 2020 No comments
The possibility of permanent registration in apartments is now legally enshrined in the Russian Federation. But for this, a necessary condition is to classify such a premises as a housing stock.
You cannot register in a non-residential premises, since such premises are not suitable for living.
The procedure for registering in an apartment is carried out as usual; when contacting the registration service, you must have the entire set of required documents. If not all the necessary papers are provided, the FMS will refuse to register the citizen.
What it is
Apartments are a fairly new type of real estate in the Russian Federation. Previously, only citizens living in the capital dealt with such real estate, but then the circulation of such objects began to develop in other constituent entities of the Russian Federation.
But many citizens who invested in the purchase of apartments did not imagine that after purchasing such real estate they might have difficulties registering them.
Essentially, apartments are premises that are located within a specific commercial building. As a rule, construction companies, when constructing a commercial building, design areas in it, which are later equipped with utility networks necessary for citizens to live in.
Often, existing non-residential premises located on the top floors, or, for example, fenced-off areas of former industrial buildings, are redeveloped for such premises.
At first it may seem that they are very similar to ordinary apartments; apartments can even be purchased as part of an agreement for participation in shared construction. But there are differences between them.
How are they different from regular apartments?
On the one hand, apartments and apartments have similar living conditions, they have rooms, corridors, sanitary facilities and other premises.
But from a legislative perspective, the legal status of apartments differs from apartments.
In accordance with the law, they cannot be strictly classified as residential premises. This is their main difference from ordinary apartments.
The legal concept of “apartments” is not officially established in the norms of legislative acts. But the by-laws provide a definition of this term.
According to the order of the Ministry of Culture of the Russian Federation dated July 11, 2014 No. 1215 “On approval of the procedure for classifying objects of the tourism industry, including hotels and other accommodation facilities...”.
In this order, an apartment is a room in an accommodation facility with an area of more than 40 square meters, which consists of 2 or more rooms (living room/dining room/bedroom) with a kitchenette. The room must be equipped with everything necessary (furnishings and furniture) for temporary residence.
Pros of the apartments
The key advantages of apartments include large footage and location in the central part of the city, usually in regional centers. Such premises are in great demand.
But, if a citizen can purchase premises without any difficulties, then he may encounter certain problems.
In accordance with the law, every citizen is required to undergo the registration procedure at the place of residence in the country. Therefore, before making a deposit for an apartment upon purchase, you should take into account all legal restrictions regarding registration in such a property.
Permanent and temporary registration
For a more accurate understanding of what registration is, you should consider its types and order.
The procedure boils down to the citizen submitting an application to the migration service (or to the “My Documents” department) within the established time frame to officially confirm the place of registration at the established place of residence.
There are two types of registration:
- Permanent registration. It is issued when a person is registered in a certain housing without limiting the period of residence, about which a registration mark is placed in the Russian passport;
- Temporary registration. If a person intends to live at any address on a temporary basis. After completing the registration procedure, the applicant receives a certificate of temporary registration for a certain period (maximum 5 years).
It should be taken into account that when moving to another place of residence for a period of more than 90 days, an individual is obliged to register at his actual address. These legal requirements are mandatory. In case of violation of the rules of the law on registration periods, the person is subject to administrative liability in the form of fines. In addition, without registration, a citizen will not be able to fully exercise his rights, for example, the right to be served in a clinic, apply for a pension, etc.
The law establishes a list of real estate objects in which it is possible to obtain permanent registration, in particular:
- in private residential buildings built on land plots for individual housing construction (about registration on an individual housing construction site, read here);
- in apartments that are part of apartment buildings.
Temporary registration can be issued in the following facilities:
- hotels, hostels, inns;
- dorm rooms;
- tourist centers and sanatoriums;
- other premises intended for short stays.
It is not directly stated anywhere about the apartments, but registration in them is still allowed.
Registration of citizens at the place of stay
When registering at the place of residence, the consent of the owner of the residential premises is required. The only exception occurs if previously registered parents register their children. All they need is an application and a list of some additional documents.
We recommend reading: What are the Privileges for a Single Mother in Moscow in 2020
When checking into a hotel, the guest will not need to go to local authorities; the hotel administration carries out registration of citizens independently. Upon arrival, the guest provides the following documents:
How to check in to the apartment
Thus, if a citizen lives in the apartments he has purchased on a permanent basis, then he must go through the registration procedure at his place of residence. But, if such a premises does not have the necessary engineering networks and communications to be recognized as residential, and is a non-residential premises, then registration in it is not allowed under the Housing Code of the Russian Federation. Often apartments are commercial properties
But the legislator, taking into account the interests of participants in modern civil circulation, met them.
Since every year citizens of our country increasingly prefer to purchase apartments for living in them, and the demand for them regularly increases, separate regulations have been adopted allowing registration in these real estate properties.
In this case, it is necessary to be guided by the Law of the Russian Federation “On the right of citizens of the Russian Federation to freedom of movement” and the Decree of the Government of the Russian Federation, which approved the Rules for registration and deregistration of citizens of the Russian Federation at the place of stay and place of residence.
Key aspects regarding registration are as follows:
- Permanent registration is prohibited in the apartments. If they have commercial status, i.e. belong to the non-residential fund, then you cannot register with them on an indefinite basis.
- Temporary registration in such premises is permitted. But this is only possible if the owner (initially the development company) has documents confirming that the apartments are equipped with the necessary engineering systems (heating, drainage, electricity, etc.), which means that they have the status of hotel premises. Hotel type premises are a type of housing with a simplified layout, which is intended for temporary residence. This also includes rooms in tourist centers, hostels, and sanatoriums.
- If the owner has certificates certifying the presence of communications, then registration of temporary registration is allowed. According to the law, otherwise the apartments will first need to be recognized as residential premises, i.e. transfer the premises from non-residential to residential.
- The maximum period for temporary registration is 5 years. But after the end of this period, with the consent of the owner of the premises, registration can be extended. The number of such extensions is not limited, i.e. it can last indefinitely. If the applicant applying for temporary registration in the apartment is the owner himself, then no difficulties will arise.
In addition, a bill regarding the possibility of registration in apartments is being considered by the State Duma.
It is planned that the provisions of the new law on registration in such premises will make it possible to officially secure the place of residence in them indefinitely. As a result, they will be classified as residential premises according to their status.
In fact, permanent registration in the apartments is possible at the moment. But to do this, the owner will have to administratively transfer the premises from non-residential to residential. For which you will need to prepare a large number of documents and approvals from government agencies (Rospotrebnadzor, fire supervision, construction reports, etc.)
The owner needs to confirm the availability of utility networks, without which permanent residence in the apartment is impossible.
Then you need to contact your local government. If he refuses, he will have to file a claim in court.
In practice, the issue has to be resolved in court quite often.
Registration procedure
The procedure for temporary registration will not require any special difficulties or a long time.
The applicant must prepare the necessary papers and submit them to the following authorities to choose from:
- MFC (multifunctional center for providing services to the population);
- Territorial branch of the FMS;
- Passport office of the Criminal Code.
Temporary registration can also be issued using the Internet system (through the official portal of State Services). But you will still need to come for the documents in person. The applicant is issued a certificate confirming the citizen's registration.
Set of documents
Set of required documents:
- Application for registration;
- Applicant's passport;
- Written consent of the owner of the apartment (if the owner is the applicant, it is not required);
- Certificate of state registration of property rights from Rosreestr;
- Power of attorney of the representative (if the request is submitted by the applicant’s representative).
In the application form for temporary registration, filled out according to the established template, it is necessary to indicate the period of registration.
There is no state fee for completing this procedure; it is carried out free of charge.
Registration documents are prepared within 5-7 days. They must be received in person.
Conclusion
The law on permanent registration in apartments has not yet been adopted, but this does not prohibit living in such premises. If all the established requirements are met, then it is possible to obtain a short-term registration, the maximum period of which cannot exceed 5 years. After completion of such a period, it can be extended with the consent of the owner.
How to register a child at the mother’s place of registration without the father’s consent: registering a child at the mother’s place of registration.
If you need to obtain permanent registration, then you need to transfer the non-residential premises to residential ones. If the outcome of the procedure is favorable, there will be no reason to refuse permanent registration, and the applicant will receive the right to register.
Video: Is it possible to check in to the apartment?
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Registration of Foreigners at the Hotel 2020
Citizens of Belarus, Armenia, Kazakhstan and Kyrgyzstan (citizens of EAEU countries) can apply for initial registration under an employment contract for a period of up to 1 year. That is, if they have a valid employment contract, then the permitted period of stay is extended for the duration of the contract, but not more than 12 months.
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By timely and correctly registering guests at the hotel, you will avoid significant sanctions. For errors when registering a foreigner, a legal entity faces a fine of up to 500 thousand rubles (Article 18.9 Part 4 of the Administrative Code). For violations when registering a Russian citizen - up to 750 thousand rubles; for Moscow and St. Petersburg the amount varies from 300 to 800 thousand rubles (Articles 19.15.1 and 19.15.2 of the Administrative Code).
