How to register a person in a privatized apartment: what registration gives and how many people can be registered in your own home, as well as how to go through the registration procedure or register without the consent of others

To register in an apartment, a citizen does not just need to contact the passport office or the MFC. You need to have a basis for moving into housing (that is, the right to reside: ownership, rent, rent, etc.) By submitting the appropriate documents, you can receive a stamped passport in a few days. The composition of the documents and the registration procedure depend on the type of housing (privatized, municipal) and who is registering (the owner, a relative, another citizen), etc. In our article we will tell you in detail how to register in an apartment for the owner or non-owner in 2021, what documents are needed , is it necessary to register after purchasing a home?

Registration is the responsibility of a citizen, therefore, after deregistration (extract) from the previous address, he is obliged to register at a new place of residence within 7 days. Currently, an administrative fine of 2-3 thousand rubles is provided. for accommodation without registration.

What documents are needed to register in an apartment?

According to the current rules, a person can register in a new home, either with or without a preliminary extract from the previous address. In the latter case, the passport office will issue it independently, without additional responsibilities for the citizen.

To register in another apartment, you must provide:

Citizen's passport

The passport must be valid, that is, not expired (at 20 and 45 years old it is renewed), not spoiled (damaged), contain erroneous information, etc.
For registration, an original passport is presented, which is taken from the citizen at the time of registration (for entering a stamp about the address and date of registration).
For children under 14 years of age, a birth certificate is provided instead of a passport.
No other identification documents are presented (foreign passport, temporary ID, etc.)

Housing document

Such documents, depending on the type of right to an apartment, room, house, may be:

Application of the person registering

The application form of the unified form for registration (Form No. 6) is available from the specialist accepting the documents. A sample form is posted on the information board. Forms are available at the MFC, passport offices of housing departments, migration departments of the Ministry of Internal Affairs, as well as on the website of the State Services portal.

If a citizen is simultaneously registered and deregistered at the old address, then the application is filled out in full. That is, with the reverse side, where data on deregistration is provided.

Consent of interested parties

Owners and registered persons present must have their passports with them.

If the apartment is owned

Then all owners must be present when submitting documents for registration of registration in the apartment. That is, they approve the registration, put a signature in the “signature of the person who provided the housing” column in the application form No. 6. If there are several owners, one of them can handle the registration. A notarized power of attorney is required from the remaining owners in his name. Or write a separate consent

If the apartment is municipal

All registered residents (except children) give consent to registration. Also, for municipal housing, the consent of the landlord - the local government body (administration, property management committee) is required. Again, it is drawn up when submitting documents to a specialist on a simple form. You can give such consent to a notary. Then the interested parties do not need to come to the specialist for an appointment.

Move-in document

What this document will look like depends on the status of the person registering. If written:

owner, then an extract from Rosreestr or a certificate of ownership of an apartment, house, room;
the main tenant, then the social tenancy agreement;
another person, then a lease agreement (lease, sublease) with the owners, the main tenant, etc.

Departure sheet

A completed departure form or questionnaire is submitted if the citizen has already been discharged from his previous home. Forms of departure sheet, arrival sheet, apartment cards, etc. must be completed by officials.

Important Details

Documents are provided in originals. Copies should also be made. Upon acceptance, the acceptance specialist will check the accuracy of the originals and return them to you, and the copies will be used. The passport is given in real form (not a copy).

The collection of documents is carried out either by the Management Company (housing department, HOA, etc.) or by the MFC. In most cases, a citizen cannot directly contact the migration department of the police. This transfer goes through the management company. Its employee will check the original documents with copies, check the presence of all owners (for privatized housing) or registered ones (for municipal housing). Will issue a receipt for receipt of documents. And hand over the collected package to the migration department, and the citizen will be informed of the deadline for receiving a passport with a registration stamp.

Delivery in person or in absentia. Documents for registration in an apartment can be submitted either in person or via the Internet (on the portal of state and municipal services).

But even if you submit documents through the Portal, the citizen will still need to appear at the Migration Department of the Ministry of Internal Affairs. To confirm your identity and submit your passport for marking.

You can request a temporary identity document. Since registration takes time, a citizen may have circumstances when a passport is needed.

Advice: to avoid problems with registration in the future and to avoid the need for additional procedures to correct inaccuracies and errors, ask a specialist to provide you with the documents he completed to check them for accuracy.

The registration procedure is free. No government duties or other fees are collected from citizens. If specialists from the MFC, housing department announce the price for services for filling out an application, etc., then this is illegal.

There is information that the mandatory package of documents for registration in an apartment includes a military ID (registered). This is not entirely true. Persons liable for military service, when changing their place of residence, appear in person at the territorial military registration and enlistment offices for removal and registration. Therefore, it is not necessary to present your military ID to the passport office.

Is the presence of the person registering required when applying for registration? If a citizen does not have the opportunity to hand over documents in person, you can issue a special power of attorney from a notary for another person to perform these actions.

The procedure for registration in a privatized apartment, the rights of the owner and registered citizen

Identity document of the citizen who needs to be registered. If registration is carried out using an all-Russian passport, then a registration mark is placed in it. If another document is used, then the registered person is issued a certificate confirming registration at the address of residence.
Passport of the owner of the property (if it is not the owner who registers).
Documents confirming the right to registration . Such confirmation can be a certificate of ownership, a court decision, or a purchase and sale agreement. For non-owners, written permission from the owner will also be required.
Consent of all co-owners of the apartment , documented in statements. If the co-owner is a minor, the consent of his parents or guardians will be required.
Receipt or check order confirming payment of the state duty.

Also relevant is the question of whether it is possible to check out of the apartment without the presence of the owner. The law allows any citizen to withdraw from temporary or permanent registration at his own request. This does not require the consent of the owner and his presence at the passport office.

Where can I register?

A citizen has the right to independently choose his place of registration throughout the territory of Russia. You can register in residential premises (apartment, house, room, etc.), where a citizen actually lives with the consent of the owners or residents.

You cannot register for housing in:

non-residential premises (commercial real estate, apartments, etc.);
emergency housing (the house is recognized as unsafe or dilapidated and will be demolished);
temporary structures and outbuildings (sheds, garages, sheds, bathhouses, etc.);
residential buildings on garden and vegetable plots (can be used as housing, but without registration). The exception is houses on summer cottages;
in mortgaged housing without the consent of the mortgagee (most often these are banks for mortgage loans).

Where to go to apply for registration?

A citizen bought an apartment and does not know how to register in the new apartment.
It is enough to contact the passport office of the housing department and the issue will be resolved. In fact, there are many more options for how to arrange your stay in housing.

Depending on your life situation, you can apply for housing registration:

where and how to contact	apartment, room	House
passport office of the Management Company (housing department, homeowners association, housing cooperative, etc.)	Yes	No
MFC department	Yes	Yes
directly to the migration department of the Ministry of Internal Affairs	No	Yes
to the migration department when using the Gosuslugi portal (the application is submitted via the Internet, and the passport must be presented at a personal appointment)	Yes	Yes

Direct registration and related data recording are carried out by the migration service. The management company and the MFC only accept documents and transfer them to the migration department. And after registration, they are returned to the applicants.

Registration deadline

The registration period for a new address according to the standard procedure is 6 days .

This period cannot be increased, even if the citizen is not discharged from his previous address. Deregistration is carried out by migration service officials simultaneously with registration. Therefore, the period of discharge will coincide with the period of registration in the new apartment.

If you do not submit documents for housing and the right to move in, the period will be from 8 to 10 days . Since the migration department will request them independently from the relevant authorities.

If you register through the State Services portal, the deadline is determined as follows: after sending the package via the Internet, the citizen receives a notification about the opportunity to arrive at the migration department within 3 days with a passport. And on the day of his visit, the sound is made. That is, the minimum period can be 1-2 days.

The result of registration is:

for adults (including minors from 14 to 18 years old) this is a mark in the passport indicating the date and address of registration;
for children - a certificate of registration at the place of residence. This is a separate document.

Registration data is entered into the migration service data bank. Submitted documents for registration are also stored in the migration service.

The procedure for registering a person in a privatized apartment

An important condition for such a legal fact is the consent of the owner. “Propiska” in its meaning is an outdated term from Soviet housing law. The Russian legal system uses a more modern term – “permanent (temporary) registration”.

Such a legal procedure should not cause difficulties if there is the owner’s consent to registration. To contact the territorial bodies of the Department of Military Migration Service, it is necessary to comply with the appearance procedure, i.e. A person can only be registered if he is present in person to the relevant authorities.

Features of registration in a privatized apartment

There are two types of registration in a privatized apartment:

when it is not the owner who registers, in this case the consent of all owners is required. The consent of only registered persons (not owners) is not required.
when the owner registers in his privatized apartment, in this case no consent is required. Even if he is not the only owner (common shared ownership).

It is important that when registering in a privatized apartment, no standards for recording living space per person are applied. Any number of citizens can register in the apartment. But there are administrative and criminal liability for fictitious registration. Therefore, if an unrealistic number of people are registered in an apartment, there may be an inspection with unpleasant consequences.

When registering for a privatized apartment, all owners of the apartment must come to the passport office (housing department, MFC), with the exception of children (persons under 18 years of age). If this is difficult (the owner is disabled, or he needs to leave for a long period of time) and he cannot appear with the registration document at the passport service, then:

or the owner can transfer his rights to give consent to one of the owners by notarized power of attorney.
or have the consent itself notarized. The person being registered, in this case, submits all documents himself, including such consent.

Sometimes citizens have a question: is it necessary to register in the purchased apartment? No, this is not necessary, the issue is resolved at the request of the owner.

How are residents registered in the owner’s privatized apartment?

If the stay is 90 days not at his permanent registration , the person is obliged to temporarily register where he is.
This can be done without the presence of the owner. He must be informed; if he is against it, the procedure is cancelled. A child, until he is 14 years old, must be registered with his parents. It is not allowed to register one. If parents live separately, it is allowed to register with any of them and the consent of the apartment residents is not required. One of the parents may be present during registration.

Features of registration in a municipal apartment

When registering in a municipal apartment, the attendance of everyone registered in it is required, except for those under 18 years of age. They can also delegate powers to one of those registered by proxy. Or not to appear, if the application and consent to registration are certified by a notary, as in the case of privatized housing.

The landlord receives consent on the administration letterhead with the signature of the responsible person and seal.

When talking about registration in a municipal apartment, we can mean three typical cases:

Registration of a relative

If a relative registers (husband, wife, parents, children, brothers, sisters, grandparents), then the norms for accounting for living space are not taken into account, as in the case of a privatized apartment.

Registration of a stranger

Registration of a non-relative is possible if:

consent of all registered
consent of the municipal authority (local administration, property management committee, etc.). This is expressed by a document for moving in (when a rental agreement, sublease, etc. is concluded with the person being registered) or simply written consent.
compliance with the acceptable standards for accounting for living space per person

The size of such norms, depending on the region where the apartment is located, varies. This is publicly available information that can be obtained from the housing inspectorate or local administration. If during registration it is determined that the share of the living space of the person being registered will be less than the normalized one, then registration will be denied. Such a refusal will be legal. The size of the total area of the apartment and the number of persons registered in the apartment are taken into account, regardless of actual residence.

Child

A parent can register a child (under 14 years of age) without the consent of other persons. According to the law, the child must be with his parents, that is, live at the same address, and this cannot be objected to. By the way, a similar rule applies to privatized housing.

The owner of the apartment can register someone

We will find out how the owner of an apartment can register a registered person who is not the owner of the given living space, but is still registered in it. Such a person may be a member of the owner’s family, and accordingly, legally has the right to use the owner’s housing. It is possible to discharge such a person only when he loses the right to use this residential premises.

How can the apartment owner write out what is prescribed in this case? The answer is very simple: it is necessary to collect documents that could confirm any of the facts listed above. This could be official documents, for example about divorce, testimony from neighbors that the person registered does not actually live in the given living space, testimony from a local police officer, receipts for payment of utility bills that are signed by you.

We recommend reading: How to obtain an extract from the Unified State Register for real estate for a legal entity

Types of registrations

The legislator establishes two categories of registration:

registration at the place of residence - this was what our article was about;
registration at the place of stay is a temporary registration for more than 90 days in another city. After the specified period, a citizen can apply for temporary registration in the same manner as when registering at the place of residence.

If a citizen stays in hotels, boarding houses, sanatoriums, hospitals, etc., then registration is handled by the administration of such institutions and organizations. Such registration is temporary, that is, the period of residence (stay) is indicated in the documents and after its expiration the citizen is considered automatically discharged. In this case, deregistration at the place of primary residence is not carried out.

There is also a classification of registrations depending on categories of citizens: children, military personnel, refugees, etc.

What rights does a person have to the apartment in which he is registered, not the owner?

Those who own housing are concerned about such a topic as registration of citizens and the rights they acquire at the same time. They are afraid that citizens who will be registered in their apartment will become owners. So, in order to dispel all fears, it is worth studying the topic of citizen registration in more detail.

But there is one exception - children. If you have registered someone in your home, and he has or has children, then you have the right to register him in your home. It is not possible to discharge a child without providing another space. And as a result, the parent can register at the same address as the child.

We recommend reading: Property tax refund when buying an apartment

A lawyer answers questions about registration and discharge

Links to legislative acts

Article 2 of the Law of the Russian Federation “On the right of citizens of the Russian Federation to freedom of movement, choice of place of stay and residence within the Russian Federation.” Basic Concepts
Article 3 of the Law of the Russian Federation “On the right of citizens of the Russian Federation to freedom of movement, choice of place of stay and residence within the Russian Federation.” Registration of citizens of the Russian Federation at the place of stay and place of residence within the Russian Federation
Article 6 of the Law of the Russian Federation “On the right of citizens of the Russian Federation to freedom of movement, choice of place of stay and residence within the Russian Federation.” Registration of a citizen of the Russian Federation at the place of residence
Paragraphs 16, 17, 18 of the Decree of the Government of the Russian Federation of July 17, 1995 No. 713 “On approval of the Rules for registration of deregistration of citizens of the Russian Federation at the place of stay and place of residence within the Russian Federation”
List of persons responsible for accepting and transferring to the registration authorities documents for registration and deregistration of citizens of the Russian Federation at the place of stay and place of residence within the Russian Federation" Resolution of the Government of the Russian Federation of July 17, 1995 No. 713
Appendix No. 5 of the Administrative Regulations of the Ministry of Internal Affairs of the Russian Federation for the provision of public services for registration of citizens of the Russian Federation at the place of stay and place of residence within the Russian Federation,” approved by Order of the Ministry of Internal Affairs of the Russian Federation No. 984 of December 31, 2017.
Points 2, 2.2, 23, 24, 26.1, 32, 33, 34, 48, 49, 50, 52, 56.2, 57, 58, 60, 62, 63, 80, 82, 86, 87, 90, 91, 92 , 93, 97, 99, 102, 118.2, 118.2.1, 118.2.2, 118.5, 118.7, 118.7.1, 119, 121, 123, 139, 140, 143, 144, 149, 151 of the Administrative Regulations of the Ministry of Internal Affairs of the Russian Federation on providing public service for registration of citizens of the Russian Federation at the place of stay and place of residence within the Russian Federation,” approved by Order of the Ministry of Internal Affairs of the Russian Federation No. 984 of December 31, 2017.