Basic provisions
Such a statement is most often understood as granting permission to register another person in one’s apartment as a place of permanent residence. Having a permit is a prerequisite in all cases. Even if you plan to register a close relative.
The legislation provides for a mandatory written form of concluding a transaction. Notarization is not a primary condition, but the parties can take this step if they wish. Oral provision of permission cannot be recognized as legal, so it will not be possible to refer to it if something happens.
Nowadays, the permitting process can be simplified as much as possible. For example, it can be compiled electronically. However, this form is not very common among citizens. At the same time, the method of partial simplification is popular, for example, through filing an initial application for public services. This will be discussed in more detail below.
Application form from the person providing the accommodation
– Articles – Application form from the person providing the accommodation
- It is impossible to register one more person in the apartment due to its size;
- Documents for registration were not provided in full, with errors, or false documents were found;
- The person is subject to deportation (for various reasons, including violation of the registration regime).
If temporary registration in social housing is required, the lack of family ties between the parties to the agreement may be the reason for refusal to carry out this procedure.
Federal Law of the Russian Federation dated June 25, 1993 N 5242-1 describes the basic provisions and rules for traveling around the country, as well as registration at the place of stay.
In particular, you should pay attention to fines that may be imposed due to the fact that a person did not manage to register within the allotted period, or violated the terms of stay after the end of temporary registration.
Attention
This rule does not apply to registration of close relatives.
In the first case, the owner must indicate how long he is registering the person in his apartment. As soon as this period ends, the citizen will simply be discharged.
This operation occurs automatically. Early deregistration also takes place, but for it you will have to enlist the support of the owner and the registered person.
If we are talking about permanent registration, then it is enough to indicate in the application “on a permanent basis” or “registration at the place of residence.” Such registration is issued for an indefinite period.
And where to send the request of the established form after it is completely ready? It is not possible to find a single answer to such a question.
In particular, if we take into account all the nuances of the current legislation of the country. What rules and tips will help you create a statement in the prescribed form? There are not so many of them to remember exactly all the information presented to your attention.
Short description
First of all, let's try to understand what we are talking about in principle. What is this - a statement from the person who provided the citizen with housing?
This is what is called a residence permit. In fact, one person agrees to register another person in his apartment or house.
This technique makes life much easier.
Sample
Below is a template of the consent of the owner of the residential premises for registration. For temporary registration, as a rule, Form No. 1 is used. Otherwise, there are no serious requirements for the document.
The main thing is that it reflects the consent of all apartment/house owners to registration, and also indicates accurate information about the participants in the procedure.
The text must be written correctly and legibly. And at the end of the request, the signature of the owner of the property must be affixed.
We figured out how to write a statement from the person who provided the citizen with housing. This is not the most difficult operation a person can face. After processing the request, the resident will either be stamped in the prescribed form in their passport or issued a certificate of temporary registration.
Are there any other nuances? Yes.
- Rules for registration and deregistration of citizens of the Russian Federation at the place of stay and place of residence within the Russian Federation;
- Housing Code.
These regulatory legal acts provide comprehensive instructions on registration both to authorized bodies and to citizens who need registration.
According to these rules, registration must be completed within a certain period:
- permanent for seven days from the moment of discharge from the previous place of registration;
- temporary for ninety.
In case of violation of these terms, the unregistered person will be brought to administrative responsibility in accordance with the provisions of the Code of Administrative Offenses (Article 19.15).
Agreement
But a handwritten method of entering all the necessary information is also acceptable.
When problems arise, they are usually resolved through the courts. The main thing is to submit an application in a timely manner in the appropriate form.
The first authority in this situation is the Federal Migration Service. This is where the owner should contact with a request to cancel the registration.
The application can be submitted electronically through the State Services website.
To do this, you need to spend a few minutes pre-registering.
Is it possible to enter into an inheritance after death without a will? Read the answer to this question here.
This resource contains information about where government agencies are located that you can contact for help. The schedule according to which citizens are received is described.
You can also make an appointment with a specialist on this portal.
For foreigners the fine will be higher.
The grounds for registration may be:
- The property owner's permission for free accommodation, confirmed by his application.
- Lease contract.
- Certificate of ownership.
Minor children can be registered with their parents without obtaining separate permissions.
That is, the consent of the apartment owner is necessarily recorded on paper.
Modern technologies make it possible to issue registration permits electronically. Only such an arrangement is used extremely rarely in practice. Typically, residential property owners prefer to write registration permits themselves.
The process under study is regulated by the current legislation of the Russian Federation.
Article 31 of the Housing Code of the Russian Federation indicates that the owner of an apartment can decide for himself who to register on his territory.
Accordingly, it will not be possible to become an apartment occupant without the permission of the homeowner.
And it is used in cases where a person intends to live in an apartment for free - for example, when the son of a childhood friend is temporarily allowed to live in one of the rooms.
If the room was rented out for money, then the parties would have to enter into a rental agreement, but in this case the person was allowed to live for free. Nevertheless, this fact also needs to be documented.
Regulatory regulation
The main regulatory legal act on the issue is the Housing Code of the Russian Federation. So, in Art. 31 of this legal act establishes the basic rights and obligations of the owner of the premises, as well as the person who was registered. It also states that the owner retains full right to make decisions about the fate of his property. Therefore, only the owner has the right to decide on the occupancy and registration of additional housing. However, there are exceptions where an application to register a person is not required.
Exceptions when you do not need to apply
According to the provisions of housing legislation, the submitted application will not be required in the following cases:
- when registering the owner himself. That is, if a person decides to register in his apartment. It is worth noting that when real estate is in joint or shared ownership, the consent of other owners is not mandatory;
- As a general rule, registration of a newborn, as well as children under the age of 14, is carried out at the place of residence of the parents or other legal representatives. In this case, registration is also carried out without submitting a corresponding application;
It is worth considering that it is almost impossible to deprive a minor of registration in an apartment. In practice, courts extremely rarely take this step and only in the presence of compelling circumstances. Therefore, the only option would be eviction and the corresponding deregistration of their legal representatives.
Consent form from the owner for registration at permanent residence
Issues related to the acquisition of housing, the right to dispose and use it, always remain relevant.
Despite the principle of free movement throughout the country, there are rules on mandatory registration (registration) at the place of temporary stay or residence. It can be difficult for ordinary people to understand all the nuances of its design.
One of them is the question of in what cases is the consent of the owners required for registration at the place of residence or place of stay.
Key points of registration were established by the provisions of the Federal Law “On the right of citizens of the Russian Federation to freedom of movement, choice of place of stay and residence within the Russian Federation” (June 25, 1993, No. 5242-1).
This document provides for the requirement to notify officially of a change of address of your stay (residence). To fulfill this obligation, you must contact the passport office (another registration authority) with the necessary package of documents.
Based on the Registration Rules (Government Decree No. 713 of July 17, 1995), in order to register, you must provide:
- application (form No. 6 for registration at the place of residence, or form No. 1 for temporary registration);
- passport (other identity document);
- documents on rights providing the possibility of moving in.
The latter may include orders, rental (sublease) agreements, court decisions, permission from the owner of the apartment (application on behalf of the person providing the premises).
Questions about residence rights, registration rules, and consent to move in are also regulated by the norms of the housing and civil codes.
The only person who has the unlimited right to use, dispose of, and live in housing is its owner. Other persons may reside (stay) in the apartment only by agreement with him.
The law does not limit the circle of persons to whom the owners give permission for registration. These may not be relatives or acquaintances, but complete strangers.
If you wish, you can even register a foreign citizen at your residence address. It is no secret that granting the right of residence to persons who came from other regions in search of a better life has become a way for many to earn extra money. Registration can be either temporary or permanent. In order to be able to use the living space, you need to obtain permission from its owner.
The parties to these relationships independently choose the type of accounting and type of registration that suits them. If the relationship between the parties is not close, it is more appropriate to raise the issue of temporary registration (registration at the place of stay) for a certain time. It gives the right to use housing for up to six months.
It is important to remember that when an apartment is jointly owned by several persons, consent from each of them is required for occupancy. But if there is an allocated share, which is a separate premises suitable for living, then one of the co-owners can register a tenant there himself.
An exception to the general rule is the registration of a child without the consent of the owner.
Typically, the law requires consent from the property owner as a basis for registration. But for a number of citizens, special regulations are established. This category includes children under the age of majority. Therefore, to the question of whether it is possible to register a child without the consent of the owner, the answer will be positive.
To obtain the right to live together with your parents (parent, other person replacing him), you do not need to obtain permission from the owners. Also, when a child moves in, the rule regarding compliance with the number of living meters per person does not apply. Registration of a minor child without the consent of the owner is intended to protect the interests of children, including housing.
However, it should be taken into account that the registration of a newborn child has its own characteristics. In cases where his parents live separately, consent from the other may be required. In this case, the mother’s application for registration of the newborn at her address may not be supported by consent from the father. In the opposite situation, permission from the child’s mother must be provided.
The consent of the owners for temporary registration (at the place of residence), as well as for permanent registration (at the place of residence), must be formalized accordingly, in accordance with the sample application (see below).
You can find a form for the corresponding document at any migration service or other registration authority.
In such a form you need to enter information about the owner of the property, the future tenant, and the address at which registration is required.
In addition, it expresses the voluntary desire of the owner of the apartment (other housing) to grant another person the right to stay or reside in it. Usually, the presence of both the person registering and the person presenting him with such an opportunity is required.
However, there are cases when the owner(s) cannot be present in person. In this case, the application of the person who provided the citizen with residential premises can be submitted by the tenant himself, provided he has a completed power of attorney. Notarization allows you to eliminate various types of fraudulent activities.
Sample
Based on Article 288 of the Civil Code of the Russian Federation, a citizen has every right to independently dispose of his property.
He has the authority to sell and rent real estate owned, in addition, he can register any person in his living space. Agree, being the owner of an apartment, you will not be very happy if you find out that the second owner, without your consent, registered an impartial person, creating interference in the unhindered use of the home. Therefore, if residential real estate is in shared ownership, it is necessary to obtain the consent of everyone.
Drafting sample
To begin with, it is worth understanding the structure and content of the statement. The current legislation does not necessarily regulate the procedure for drawing up. However, in the absence of certain provisions, the application may be considered invalid altogether. You can draw up a document on a regular piece of paper.
Its structure should be as follows:
- initial details;
- name of the agreement;
- basic provisions;
- conclusion;
- list of attached documents.
The more complete the application, the better. All documents must be numbered. If this clause is not followed, registration will not be possible.
The application must contain the following information:
- passport data of the home owner (copied from all pages of the passport);
- information on all residents in the apartment is indicated;
- apartment address;
- passport details of the persons planned to be registered;
- confirmation and consent from the owner.
There are two registration options: temporary and permanent registration. This point must be fixed in the document. The first option specifies the period after which registration is terminated. Extension possible. In the second, the contract is valid indefinitely until the occurrence of other circumstances that may serve as grounds for its termination.
IMPORTANT !!! In case of shared or joint ownership, there must be the consent of the other owners. This rule does not apply to the registration of oneself or close relatives.
At the end of the application there must be signatures and their transcripts from both parties.
