How to leave a private home, what is needed for this

Extract from the house register of a private house: features

Previously, the house register had to be kept on the basis of the FMS Order of September 11, 2012 No. 288 “On approval of the Administrative Regulations...”. Now it has lost force, and Order No. 984 of the Ministry of Internal Affairs of Russia is in force instead. No law contains the concept of a “house book,” but in fact this document is in almost every household.

The house book is a kind of passport of the house. It reflects information about owners and registered citizens. It is kept by the owners. But now, in order to obtain information about the people registered in the premises, not an extract from the house register is issued, but a certificate in Form No. 9.

Sample certificate

Consultation on document preparation

Take the survey and a lawyer will tell you for free how to avoid mistakes in an apartment purchase and sale transaction in your case

Where to go to register without a house register

Passport Office . The most inappropriate option. It is at the passport office that they usually require a house register, although in fact it is no longer needed. You can try contacting here, but if that doesn’t work, consider other options.
Portal "Government services" . Through the State Services portal you can check out without any problems and without having a house register. It is not required when completing the application online. Later, when submitting documents in person, the book is also not required.
MFC (My documents) . The most common and popular option. There are MFC branches in almost every locality. The only drawback is the long queues. It is recommended to choose branches remote from the city center, where there are a minimum number of visitors. It is also better to contact the MFC on weekdays, when most people are at work.

Extract with simultaneous registration

If a person did not register at the same time as discharge (the first option described in this article), then after discharge he will have 7 days to register. Please note that this period is counted from the moment of arrival at the address of future registration.

An extract from the house register can be obtained by the owner of the property or the person registered at the address. In addition, such a certificate is issued to any citizen if he has a power of attorney from the owner, certified by a notary.

Also, an extract from the home book may be needed when receiving an apartment or house as an inheritance, restoring lost documents, replacing a passport, applying for benefits or benefits, adopting a child. It is better to check with the institution where you are asked to bring the extract about which extract (current or archived) to issue in each of these cases.

Where to get it and how much it costs

An extract from the house register is a document with information about people registered in the household. Using such an extract, you can find out the number of people registered in an apartment or house, as well as information about when the person registered at the address and when he was discharged.

Archives for canceled or completed books do not exist and never existed, therefore only the owners are responsible for storing these documents. At the same time, no code has established sanctions for the loss or damage of a book, which means that fines for the absence of a house book are not legal!

And if you live in a mansion, where can you get an extract from the house register? A private house is your property and all documents relating to it must be kept by you, as the owner. Including the house register. Therefore, in addition to the passport and certificate for the house, you need to take the house register itself to the FMS .

Where to get a house book

The law does not establish a requirement to put a mark on the reason for registering the book, however, in the future this mark may be significant, so it is preferable to ask a FMS employee to put such a mark .

With this package of documents, visit the department of the Main Department of Migration Affairs of the Ministry of Internal Affairs corresponding to your place of residence. Fill out the application for the issuance of a house register on site in free form. After 3-5 days, pick up the finished document. There is no need to pay anything - according to the law, magazine design is free.

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A house book is a “passport” of a house, which indicates its owners, as well as everyone who lives in it. It looks like an A4 paper book with a title page and content - sheets containing information about all registered citizens.

House book for a private house

Information about the owners.

The first page of the magazine contains information about the owners of residential real estate in a table. The first column is the serial number of the owner. The second is his last name, first name and patronymic. The third is information about the document that confirms a person’s right to residential premises: for example, the number of the purchase and sale agreement, information about the gift agreement or inheritance. The fourth column contains information about the share in the right to the house and its size - for example, here they write that the owner has ⅓ of a residential building, and the size of the share is 38 square meters.

In many large cities (including Moscow), Extracts from the House Register , as well as other certificates of housing and communal services, are issued in specialized centers for working with the population: MFC “My Documents” (multifunctional centers for the provision of public services).

Is it possible to register a private house without a house register or deregister it?

To check out from a private home, you do not need a house register. It is not included in the approved list of mandatory documents. A certificate in Form No. 9 may be needed to sell real estate, apply for benefits, resolve legal disputes, and obtain a mortgage.

Why do you need a house book?

Archival extract from the house register . It contains all the information about those who have ever been registered in the residential premises, with details. Such a certificate is needed when selling or buying real estate to ensure that there are no encumbrances. For example, that there are no temporarily registered ones, that there are no heirs who can claim, that there are no registered young children who have a share in the property, etc.

Extract from the house register

There are still cases where in Soviet times a house register was not created. You can obtain a certificate of family composition on the basis of an apartment-by-apartment registration card stored in the passport office to which the house or apartment belongs. But when selling a property, according to the current rules, you will still have to create a house register.

It is necessary to distinguish between situations when an apartment building has an agreement with the management company to maintain registration records of citizens and when it does not. In the second case, the owners of the premises must take care of themselves; maintaining a house register becomes mandatory for them. They keep it.

Whose prerogative is it to fill out the house register? Paragraph 17 of the FMS order we mentioned states that this right is given either to FMS employees or to passport officers of housing and communal services, housing offices and homeowners' associations. Recently, other organizations can also accept applications for citizen registration in a particular living space. These are multifunctional centers and a government services website.

An unexpected tenant has moved into your apartment

In theory, every owner should have a house register. However, in practice, owners of private houses are most often puzzled by this issue. Who keeps the house register in an apartment building? As a rule, this is an official. Any resident can obtain an extract from it if such a need arises. Change of passport, real estate transactions - as we said above, such situations arise often.

May 15, 2021 uristgd 34

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How to discharge a minor from a private home?

It is much more difficult to remove a minor from home than an adult. There are a number of rules to consider:

The place of residence of a child under 14 years of age is the place of residence of the parents (Article 20 of the Civil Code of the Russian Federation). If they are divorced, the minor may live with his mother or father. Registration is carried out at the same address as the parent with whom he lives.
Children cannot be discharged anywhere.
Deregistration of a child is possible only with the simultaneous deregistration of the parents.
If the child is under 14 years old, a certificate of deregistration is issued. Passports are stamped for children over 14.

Important! If the extract is related to the sale of real estate to a minor, the transaction will require permission from the guardianship authority. If he is not the owner, permission will not be needed, but the parents must register him at the new address within 7 days from the moment of moving into another home.

Documents for leaving home

The list of documents depends on whether the citizen will be registered at a new address or not. To be discharged from a private home to nowhere, an application and a passport are enough.

What documents are needed for a person to be discharged and registered at a new address:

statement;
passport;
extract from the Unified State Register of Real Estate to confirm ownership;
a rental agreement or other document confirming the basis for moving in;
house book, if it is fundamentally important to enter information about deregistration there.

A tenancy agreement is required if the person being registered is not the owner of the new premises. In this case, he submits documents together with the owner. If the property is registered in the name of a registered citizen, ownership is confirmed by an extract from the Unified State Register of Real Estate.

Where are they discharged from a private home?

Extract from home is possible through the MFC, State Services or the Department of Internal Affairs of the Ministry of Internal Affairs. The FMS has ceased to exist since 2016, and instead, registration and migration matters are handled by the Department of Migration of the Ministry of Internal Affairs.

Note: if documents are submitted through the MFC, but registration is refused, there is no point in complaining about the Center’s employees. All decisions on this issue are made only by the Department of Internal Affairs of the Ministry of Internal Affairs. The MFC is only an intermediary for the convenience of citizens.

How to check out of a private home through the MFC?

To check out of a private residential building and re-register at a new address, you need to:

Agree with the owner if the housing does not belong to the registered citizen. Documents for registration must be submitted to him within 7 days.
Make an appointment at the MFC. From March 2021 and for an indefinite period, they are accepting appointments only by appointment.
Arrive at the appointed time with the owner and documents and submit them for consideration. Passports are also available.
Receive a stamped passport and departure slip in a few days.

If the owner needs to enter information into the house register and it was provided earlier, the information will be indicated in it on the day of registration. But this is not a necessary condition.

Contents and sample application

The application is filled out according to Form No. 6, approved by Order of the Ministry of Internal Affairs of Russia No. 984. An application for deregistration at the old address is immediately drawn up.

What information will you need:

Name of the authority to which the documents are submitted.
Full name, passport details of the registered citizen.
Place of residence.
On what basis is housing provided?
Signature of the owner if the housing is rented or belongs to a relative.

The second application indicates the same information, as well as the old address from which you need to write out.

Sample application

Consultation on document preparation

Deadlines

Registration and registration from a private home through the MFC takes 6-8 working days.

How to leave home through State Services?

You can also deregister through State Services if you have a verified profile.

What should be done:

Go to the portal, go to the “Registration of Citizens” section, then “Deregistration” if you do not need to re-register. If registration at a new address is required - “Registration at the place of residence”.
Proceed to fill out the application. Personal data is downloaded automatically. You will need an old and a new one (if available).
Submit an application. The first check occurs automatically. You will be notified of the results within 15 minutes.
Receive a notification from the Department of Internal Affairs of the Ministry of Internal Affairs, which will indicate the date and time of a personal visit to the department.
Come to the registrar with your passport and get a stamp.

Note! The application may be submitted by the registered citizen himself, a child over 14 years of age, or the legal representative of a minor.

Deadlines

An application submitted through State Services is reviewed within three working days.

Is it possible to release a person from the house to the owner?

The owner has the right to expel a tenant from the house without the consent only with temporary registration, if the tenant is registered there without his knowledge or has left before the end of the registration period. It is enough to contact the Department of Internal Affairs of the Ministry of Internal Affairs with an application in any form, a passport and an extract from the Unified State Register.

If permanent registration has been issued, deregistration can only be done through the court if one of several grounds is present:

The person is registered by the previous owner, the ownership right has passed to another citizen as a result of purchase, inheritance or other transaction (Article 292 of the Civil Code of the Russian Federation).
Family relations with the owner are terminated, the right of use is not retained. For example, if an apartment belongs to one spouse, after a divorce the second one loses the right to use it. But if there are grounds, the court may give time to live there (Part 4 of Article 31 of the Housing Code of the Russian Federation). This rule does not apply to family members of the owner who refused privatization if at the time of this procedure they had equal rights with him.
The registered person has not lived in the house for a long time, does not take part in maintaining its condition or paying for utilities.

Important! The statement of claim is filed with the district court at the location of the property with a request to terminate the right to use the house and land. If it is satisfied, the citizen will be deregistered based on a court decision.

Extract from the house register in a private house: judicial practice

Usually people turn to the courts when there really are grounds for deregistration and eviction of other citizens registered in their real estate. And their applications are satisfied in whole or in part, here are some examples:

Request to evict the defendant, who was previously registered in the house. Subsequently, it became the property of the plaintiff by inheritance; she wanted to write everyone out (Decision No. 2-1001/2019 2-1001/2019~M-892/2019 M-892/2019 dated December 12, 2021 in case No. 2-1001/ 2019). The requirements are satisfied in full.
The two plaintiffs own a house and a plot of land in shares. They registered the defendant. From the moment of registration, he did not participate in the costs of maintaining the house, did not pay utilities, led an antisocial lifestyle, littered the house with garbage and created unsanitary conditions. The women decided to evict him and discharge him. By decision No. 2-621/2019 2-621/2019~M-575/2019 M-575/2019 dated September 9, 2021 in case No. 2-621/2019, the requirements were satisfied.
A woman bought a house in which the previous owner registered a man and two daughters. Subsequently, she discharged them through the court on the basis of Decision No. 2-935/2019 2-935/2019~M-1037/2019 M-1037/2019 dated September 5, 2021 in case No. 2-935/2019.

Legal advice: if you need to be deregistered from a private home by court decision, the plaintiff should prepare documents confirming the transfer of ownership, non-payment of utilities by the defendant and other certificates. It is advisable to obtain testimony from witnesses who can confirm that the defendant does not live at the registration address, or that his actions violate the rights and interests of other residents.

Elena Plokhuta

Lawyer, website author (Civil law, 7 years of experience)

When is a judicial discharge required and what is its procedure?

It’s as easy as shelling pears to get discharged from home through the MFC. Unfortunately, sometimes the operation under study may be carried out through the courts. The plaintiff is the owner of the residential property.

He must:

Prepare documentation to defend your rights and opinions.
File a claim for the discharge of a particular tenant. Typically, problems arise for those who need to deregister a family with minor children or one of the co-owners of the property.
Contact your local court with a petition.
Participate in a court hearing. During the hearing, the documents presented will be examined and witnesses will be heard.
Receive a court order with the appropriate decision.
Contact the migration services to register the cancellation of a person’s registration by a court decision.

It is done. It sounds simple, but in reality, legal proceedings can take a lot of time and effort. And owners do not always achieve the desired result. Under certain circumstances, they may be refused to discharge residents, although this is extremely rare.

A claim for deregistration can be filed in the following cases:

annulment of a marriage and family union;
debt to pay for housing and communal services;
systematic violation of public order;
amoral behavior;
living at a different address for a long period of time;
change of owner;
use of housing for other purposes;
conscription for military service;
deprivation of liberty;
death.

In such cases, it is necessary to prepare supporting documents and draw up a statement of claim. The list of information depends on the reasons for the request. For example, in the event of the death of a tenant, you need to prepare a certificate from the registry office. Documents can be presented in person, sent by mail or transmitted through your legal representative.

The amount of the fee for consideration of such applications is specified in paragraph 3 of part 1 of Article 333.19 of the Tax Code of the Russian Federation:

for individuals it is 300 rubles;
for legal entities – 6000.

A receipt for payment is attached to the application.

The application must indicate the following:

The name and address of the court to which the interested person is applying.
Information about the plaintiff and defendant - last name, first name, patronymic, place of residence.
The reason for the application, for example, the presence of arrears in paying utility bills.
Request for deregistration.
List of attached documents.
Date and signature of the applicant.

Extract from a private household has no distinctive features and is carried out according to general rules. The interested person should contact the territorial department of internal affairs himself, through the MFC or the State Services portal. Forcible discharge through the court is allowed.

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Lawyer's answers to private questions

How to get an extract if there is no house register?

Now, instead of an extract, a certificate in form No. 9 is issued. It can be ordered by contacting the MFC or submitting an application through State Services.

What is the amount of the state fee to the court to write a person out of the house register?

When filing a statement of claim, a fee of 300 rubles is paid.

I lost my passport and need to leave home urgently. Can this be done using the certificate that was issued to me at the time of production of a new passport?

No. To check out of a house or apartment, you only need the original passport. It is stamped.

Is it possible to leave home if you live in another city? Where to contact?

Living in another city is not an obstacle to deregistration at the old address. You can register for re-registration at a new place of residence or deregister at your old address through State Services or the MFC.

I own a private house, I recently bought an apartment. If I deregister from there and register in the apartment, will I have to pay taxes on the house?

The obligation to pay property tax arises from the owner; this does not depend on registration. You will have to pay house and land taxes in any case, even if you re-register at a different address.

Documentation

If the house was sold without the consent of the persons registered in it, the transaction may be challenged in court. However, in this case, insurance against the risk of loss of ownership can be a salvation, of course, if the buyer takes care of this in advance.

Finance

To reduce the time of sale and simplify the procedure for registering the transfer of rights, it is advisable for the seller to have all the documents certifying ownership. If the plot is not registered with the Cadastral Chamber or the house is an unauthorized construction, it is advisable to go through the registration procedure. This will greatly simplify the sale of real estate; moreover, the absence of such documents, as a rule, negatively affects the value of real estate.

Passports of all family members. Under 16 years old - birth certificates (originals and copies).
Document of ownership of the house.
A written application for the restoration of either the owner or one of the persons registered in the household.
Receipt for payment of state duty.

Reflects the right of ownership and disposal of a private building, complete information about the development and persons who can own and dispose of this property.
It is the basis for making transactions and making changes to title documents, including the passport of a citizen of the Russian Federation.
Displays the number of registered persons in the household.

House book as a building passport

The state fee is only 300 rubles, which is not expensive when restoring a document and providing a public service. Urgent restoration of the house register requires large expenses, since the queue is pushed back.

A house register is a document issued for a specific house or apartment, in which a written record is kept of all persons registering at a given address. This book contains all the residents of the household who have been registered in it from the very beginning of its existence. The book is kept in the hands of the owner of the premises

At one time, the need to create this document, as well as its official form, were directly stated in the Administrative Regulations of the Federal Migration Service (now disbanded). However, this legal act has already lost its force, and in the new regulations of the Ministry of Internal Affairs, which regulates issues of registration of citizens, there is not a single mention of house books at all. You will not find such references in other legal acts.

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Is it necessary to start a house register today?

Surprisingly, such a document as a house register, which is available in almost every family, is not specified by law and you will not find its definition anywhere. At the same time, many regulatory legal acts, especially at the level of departmental instructions and orders, make reference to this document.

Creating a house register for a new house or apartment is quite simple. To do this, you need to buy a house book form, form No. 11, at any stationery store. You do not need to fill out the book yourself.