Registration in a communal apartment (kommunalka) - in 2021, without the consent of neighbors, rules for foreigners and relatives, registration law, owner, application, law and documents

Registration in a communal apartment: is neighbors’ consent required for registration?

Possession and use of property in shared ownership is carried out by agreement of all its participants, and if agreement is not reached, in the manner established by the court.
A participant in shared ownership has the right to be given for his possession and use a part of the common property commensurate with his share, and if this is not possible, he has the right to demand from other participants who own and use the property falling on his share, appropriate compensation.

Registration in a communal apartment

Registration in a communal apartment is determined by the status of its owner. Utilities can be either private or municipal property.

In the first case, the apartment has an owner, and in the second case, residents move into the premises on the basis of a social tenancy agreement.

If a communal apartment has an owner, then he can dispose of it at his own request, including registering citizens who are not his relatives. In this case, there is no need to ask neighbors for permission to register other persons.

But there is an exception - if the housing is registered as shared ownership, then permission from the other owners will be required.

With registration in municipal communal apartments, things are somewhat more complicated. In this case, you will need to obtain consent from:

other residents;
owner of the premises.

The municipality that owns a communal apartment may refuse registration due to non-compliance with the standard premises area per person.

Constant

It will be possible to obtain permanent registration of housing if it belongs to private property. A similar situation arises if the apartment has more than one owner.

As a result of permanent registration, adult citizens are given a stamp in their passport, and minors are issued a separate document to confirm the procedure.

A citizen must submit documents for permanent registration within 7 days after entering the home.

Temporary

If the communal apartment belongs to the municipal type of property, then temporary registration can be made in it.

Temporary registration does not require deregistration at the place of primary residence. To obtain temporary registration in a communal apartment, you will need to obtain permission from the municipality and other residents. This type of registration can be obtained within 90 days from the date of check-in.

The owner of the property provides his consent if the standard of living space per 1 registered person is met. This figure depends on the region and varies from 8 to 12 square meters. meters.

Temporary registration is valid for as long as the certificate of registration at the place of residence is valid. This period is established by agreement with the owner of the premises. The period of temporary registration cannot exceed 5 years. After the expiration of the validity period of the certificate of registration at the place of residence, such registration is canceled automatically.

Both permanent and temporary registration of citizens is carried out by the Federal Migration Service. Similar rules apply for these two types of registration.

With shared ownership

An apartment in shared ownership has several owners. Moreover, if a new tenant is registered in the premises, consent from all owners will be required.

Persons registered in the premises, but who are not owners, are not required to obtain consent.

In the room

If the room is privately owned, then you can register anyone in it, including yourself, with the consent of other owners (if there are any). In this case, common areas will equally belong to all residents of the apartment.

In the municipal

The tenant, as well as his relatives, who are indicated in the social tenancy agreement, can register in a municipal apartment without any problems. In this case, no additional documents will be required during registration.

Relatives

Any relative can be registered in a room that is owned without obtaining consent from other persons, with the exception of other owners of the same room.

In municipal housing, the simplified registration procedure applies only to spouses and children of the tenant.

If distant relatives are registered, you will need to obtain permission from the municipal authority.

child

There is a simplified procedure for registering children in communal apartments. In accordance with the law, they must be registered at the place of registration of their parents. The same rule applies to registering a child in a communal apartment when the square footage is reduced by 1 person.

After reaching the age of 14, when registering a child, a passport, rather than a birth certificate, is attached.

Foreign citizens

The procedure for registering foreigners is similar to the procedure for registering citizens of the Russian Federation. In this case, the foreign citizen must also obtain permission to register from the municipality and other citizens registered in the same territory.

Citizens of foreign countries can apply for permanent and temporary registration. Foreigners staying in Russia on the basis of a visa can only obtain temporary registration for the period of validity of this document.

A residence permit allows citizens to stay in the country for an unlimited time, but registration is mandatory for them.

Housing Consultant

A communal apartment is a room consisting of several rooms belonging to specific individuals and several common areas. If a person owns a room in a communal apartment, he has the right to register an unlimited number of people in his premises. You can register the number of residents based on the calculation of the area of the room. Each resident must have no less than the norm (number of square meters) established by law.

Legal details of registration in a communal apartment

Each room in a communal apartment belongs to one or more people. In addition, there are rooms that are intended for common use. Depending on the situation, the registration procedure may change.

If the owner registers

When property belongs to a person by right of ownership, he does not need to ask permission from anyone for registration. In this case, it does not matter whether the citizen being registered is a relative of the owner of the room.

The registration algorithm is as follows:

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Preparation of documents for registration.
Transfer of title documentation to confirm ownership. This may be a certificate of ownership or an extract from the Unified State Register.
Waiting for verification of submitted documents.
Placing a registration mark in the applicant’s passport.

When the owner registers, the process is most simplified. To register in municipal housing, you must obtain the consent of the owner and all residents.

Which room will they be assigned to?

If the room has been privatized, then the person will register anyone on its territory at his discretion. In addition, a communal apartment also has common areas that all residents have the right to use.

Registration will be carried out in the room where the owner who decides to register another person lives. However, the registered citizen has the right to use all premises that are considered common.

If the apartment is municipal

Citizens use real estate owned by municipal housing stock on the basis of a social tenancy agreement. Moreover, all residents are tenants and have restrictions on property rights.

The registration procedure for a communal apartment, which is municipal property, is regulated by Art. 70 Housing Code of the Russian Federation. Without the permission of the municipality, only close relatives are allowed to register, and consent must be obtained from all residents.

If the area of the apartment does not allow for the accommodation of one more person in accordance with the established square footage standards, then the municipality has the right to prohibit the occupancy and registration of new citizens. The exception is the registration of minor children. This does not require consent, since by law children are registered in the same place as one of the parents.

To obtain permanent registration you must provide:

written consent of the municipal authority;
written permission from residents to register one more citizen;
general passports of the tenant of the communal apartment and the person who needs to be registered;
a correctly completed application;
personal account or housing order.

The application is processed within 3-5 business days. If all documents are in order, the new tenant receives a passport with a registration stamp.

Temporary registration

If a citizen is temporarily registered at his place of residence, he does not need to be deregistered at his permanent residence address. The presence of temporary registration implies that after its expiration the person will return to permanent living space.

Temporary registration is not required if a citizen plans to stay in the territory of any region of the Russian Federation for less than 90 days. If at the end of this period temporary registration is not completed, then the residents of the apartment in which the citizen is located may be brought to administrative liability.

Temporary registration is issued for a period from one day to five years. To register you need to provide:

title documents for living space;
general civil passport of the person being registered;
completed application;
consent of other residents if the housing is municipal.

Documents are provided to the MFC or the FMS branch. There you can also get a sample application and a form to fill out.

Registration of relatives

If the owner of the room registers his relative, no additional permissions are required. However, in this case, it is necessary to take into account the norms for the size of living space provided for per person by law.

If a person lives in a communal apartment on the basis of a social tenancy agreement, then even to register a close relative will need to obtain consent from the other residents. An exception to this rule is the registration of a minor child.

Registration of a foreigner

The same rules apply to the registration of a foreigner as for the registration of citizens. The owner has the right to register anyone, and the tenant must obtain the consent of the municipality and other residents.

Foreigners can be registered temporarily or permanently. Temporary registration implies that the person will stay on the territory of Russia for more than the period prescribed by law, and permanent registration means that the foreigner plans to continuously reside in the country.

If a foreigner comes from a country with which Russia has a visa regime, then he has no right to stay on the territory of our state longer than the validity period of the visa.

Possible reasons for refusal

Refusal to register a tenant in a communal building, provided that the applicant submits all the necessary documentation, including the consent of family members, is possible only when the housing is considered the property of the municipality, and moving additional residents into it reduces the living space allowance for each citizen living in the room.

No one has the right to refuse the owner of the room to register relatives or strangers. If the owner receives such an unlawful refusal from the migration service, it is possible to appeal the decision through the court.

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Limit of persons registered in different types of housing

With such a fairly transparent definition by law of the number of registered citizens:

in municipal housing - in accordance with the number of square meters;
in your own - without restrictions,

There are situations that require individual analysis. Such controversial issues include options for registering citizens in the room. A room acquired on the right of ownership, in joint shared ownership of a property, provides full right to dispose of it and in the registration process on its area without restrictions. But the implementation of this right should not violate the rights of other owners and registered citizens. Therefore, in such a situation, you will have to obtain consent for the registration of each new tenant, except for close family members and minor children, from the co-owners. Co-owners have the right to take part in the discussion of how many people can be registered in the room and make a decision.

If their decision is negative, and the owner is able to provide arguments challenging this result, he has the right to apply to the court to obtain a court decision allowing registration of citizens without obtaining the consent of co-owners.

The State Duma plans to introduce a limit on the number of registered people in living space. You can move relatives (parents, spouses, children) into it without restrictions. Other persons, if there is not enough space for them, will have to prove their relationship with the owner in court.

Private home ownership is a fairly convenient way to register a large number of citizens living there. There is no law directly determining how many people can be registered in a private home. Read about how you can register in a country house here.

Just as in the case of apartment buildings, the owner has the right to register an unlimited number of citizens on his territory. If the house is jointly owned with other citizens, it is necessary to obtain their consent to register new residents.

Svetlana Zhukova, head of the central department of city real estate of NDV, answers:

Now there is no law that would prohibit renting out a room in a communal apartment, where each room is a separate independent unit with its own personal account, without the consent of the neighbors. Each owner has the right to sell, rent out, and donate his property to whomever he wishes. However, he should not violate the rights of third parties, that is, cause them discomfort or inconvenience in common areas, which in a communal apartment are the kitchen, toilet with bathtub and hallway.

Therefore, if the tenants are noisy, do not maintain order, bring in dubious characters, and generally disturb the peace of the neighbors, you can file a claim, indicating the specific circumstances of the case, and demand that the tenants be evicted from the room.

What documents are needed for registration in an apartment?

A distinctive feature of temporary registration is the absence of any rights to the occupied housing. Registration can be terminated at any time at the request of the owner. One application to the FMS is enough to cancel a previously issued registration certificate.

civil passports must be unexpired, without damage or damage, and contain reliable information;
the title document for the property in which citizens intend to be registered will be a certificate of ownership in the original.
the application is drawn up strictly in accordance with the sample, on behalf of the registrant, using the unified form provided by the service employee according to Form No. 6;
some departments require citizens to independently fill out an arrival form;
written consent in the form of an application for registration actions must be given by all interested parties (all owners), and their personal presence is required when submitting;
if one of the owners is involved in registration, the others will need a notarized power of attorney to complete this procedure;
a departure certificate is provided only if the citizen has already left his previous place of residence, and the form must be filled out by a competent civil service official, and not by the person being registered.

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How many people can be registered in an apartment according to the law?

The huge advantage of this arrangement of events is that other indicators mentioned earlier are not taken into account when registering. This means that the owner of the apartment independently, without restrictions, decides what answer to give to our question today. Neither the square footage of housing, nor the rate per person, nor the region of residence act as limiting factors. Although even if the apartment is privatized, you can stumble upon some pitfalls.

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The founder and general director of the legal entity Ilya Sazonov (Tyumen) answers:

The legislation does not provide a clear answer. A room in a communal apartment belongs to residential premises and is an independent object of ownership. The law guarantees that the owner is free to dispose of residential premises as he wishes, unless this contradicts the law. That is, he can live in it, sell it, rent it out, donate it, but, for example, he cannot organize a store in it. Thus, in the legislation there are no prohibitions or restrictions for the owner of a room in a communal apartment to rent it out, and the consent of neighbors is not required for this. At the same time, the law does not define the procedure for using common property, and therefore such a procedure must be established by agreement between the owners.

If the neighbors cannot come to such an agreement, then the court can establish it. But if tenants do not clean common areas, do not participate in the maintenance of the common property of a communal apartment, make noise late at night, or otherwise violate the rights of a neighbor-owner, he has the right to evict the violators from the apartment - and to protect his interests it is necessary to go to court.

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Registration in a communal apartment

The paper has a standard form that contains questions for the applicant - he must fill in the blank lines with answers.
The form contains 2 sections: the main one, which remains with the Federal Migration Service, and a cut-off section, which is needed if the citizen has not been deregistered at the place of residence.
On behalf of minors, their legal representatives can submit an application. In this case, information about them must be indicated in the appropriate section.
The form must contain the name of the department to which the documents are being submitted.
The corresponding section of the form must contain information about the document on the basis of which registration is made. The applicant may exercise his right and not provide a copy of the social tenancy agreement, but only indicate information from it in the application. But in this case, the registration period may take a little longer.

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