Answered by the notary of the Notary Chamber Anna Tavolzhanskaya (St. Petersburg):
The first, most correct from the point of view of the law, method is to submit documents for permanent registration (registration) at the new place of residence with an application for deregistration (extract) at the old place of residence.
This method is suitable for you if you are going to register in the city where you actually permanently reside. The application can be submitted to the MFC, directly to the registration authority at the new place of residence or through the State Services portal. It should be taken into account that in this case the period for extracting will be somewhat delayed, since the organizations involved in this process will send your documents to each other. The law does not prohibit submitting documents to the MFC for deregistration without registering at a new place of residence, but it is better to check the possibility of carrying out this operation in the city in which you live directly with the MFC. How to remove your daughter from registration in absentia in order to sell an apartment?
How to register permanently and how to check out of the apartment?
The second way is to issue a power of attorney (for example, to parents) to perform all necessary actions to remove you from registration. The power of attorney must be certified by a notary. It is also advisable to have the application for deregistration certified by a notary. In this case, your representative will submit this application on the basis of a power of attorney directly to the registration authority at the location of the apartment being sold.
This method has 2 drawbacks: firstly, it is not provided for by law, and, secondly, the registration authority will have to put a mark in your passport about deregistration and give your passport to your representative by proxy, which the law does not do allows. In practice, in some cases, specialists from registration authorities meet applicants halfway and issue an extract from citizens in this way. You can submit documents for an extract both before the execution of the apartment purchase and sale agreement, and after its execution. This depends on your agreement with the buyer.
The procedure for discharge through State Services
The user can submit an application for himself or carry out the procedure in relation to another person. In order not to submit documents for an extract and then a registration, it is permissible to do this at the same time. To do this, it is enough to submit 2 applications at once through the service. There is another option - to register in a new place. In this case, the old one is deleted automatically.
If the deregistration is carried out without consent (including in the event of the death of a tenant), the application is submitted by the owner of the property.
When discharged through State Services (as well as during a personal visit), a refusal may follow. Such cases are possible:
- when restrictions on the movement of citizens are introduced in the country (during martial law, etc.);
- If there are typos/errors in the application, not all documents have been provided.
Step-by-step instructions for submitting an application through State Services:
- Log in, enter your password and login.
- In the service categories, click on “Citizen Registration”.
- In the citizen registration section, click on the desired category.
- When a new page opens, select the email class=”aligncenter” width=”1024″ height=”683″[/img]
- Please indicate what type of applicant you are.
- Enter the old and new addresses (where you are registering from, where you are registering).
- Describe the reason for deregistration.
- Answer additional questions.
- Agree to the processing of the entered data, confirm that the information is not false, submit.
There is no need to enter passport data, full name and SNILS, as this was done during registration. The system will automatically enter them.
What documents are required and how to attach them?
You need to attach scanned copies or photographs of documents. To deregister via the State Services website, a standard set is required:
- official identification paper (passport for adults, birth certificate for children under 14 years of age);
- The decision of the court in the event that the deregistration is carried out forcibly can be downloaded here.
To insert copies of documents, follow these steps:
- Open the appropriate page.
- Click on the icon for sending documents. You will be redirected to a page for attaching files.
- But it happens that a loading error occurs.
This is due to the fact that files and scans must meet the following requirements:
- allowed formats - Zip, Tiff, Jpeg, Pdf, Rar;
- weight - 5120 KB or 5 MB maximum, but some documents can be uploaded up to 10 MB;
- pixel resolution (per inch) - 300–450 dpi;
- dimensions: height - 640 px, width - 480;
- readability - no glare or reflections.
The photograph of the document must be completely visible, i.e. the information written on the paper cannot extend beyond the boundaries of the photograph.
If the discharge occurs “to nowhere”
If a situation arises when there is no place for future new registration, but you need to be discharged urgently, you are allowed to deregister “to nowhere.” The exceptions are the following categories:
- minor children;
- pensioners, disabled people, dependents;
- those who refuse their share during the privatization of an apartment (they have a lifelong registration, so they must first register in a new place).
Interesting article: How to deregister when selling an apartment?
In this case, information about the new place of residence is not written in the online application on the portal. The legislation on migration registration does not indicate anywhere that a person leaving must indicate information about the new address on the departure sheet.
What is your registration?
Registration at the place of residenceRegistration at the place of stay
But the Law of the Russian Federation No. 5242-1 Art. 3, 7 states that every citizen of the country, in the event of discharge, is obliged to notify government agencies of his or her movement. You need to register for a new account within a week if you have a permanent place of residence and a month if you have temporary registration.
If this is not done within the specified time frame, an administrative penalty in the form of a fine will follow.
To avoid any controversial situations with the state, it is better to argue for deregistration when visiting a department of the Ministry of Internal Affairs in person.
Reasons:
- sale of an apartment by the owner, but in the event that it is planned to move to another country;
- inability to register in a new home, and the previous living space has already been sold (for example, the developer of a new residential complex is delaying the commissioning of the property);
- military service or imprisonment (registration of these citizens is carried out automatically at the place of temporary stay);
- divorce (the former spouse, being the owner, requires eviction);
- forced discharge.
A person is forcibly evicted solely by a court decision. Reasons for this:
- using the home for other than its intended purpose (organizing a brothel, breeding animals, creating a commercial facility);
- rowdy behavior, destruction of walls, utilities, etc.;
- refusal to pay for accommodation and utilities for more than 6 months;
- actual residence in another place for a year.
Nino Gulbani, a lawyer at the Homeapp technology agency, answers:
In practice, there are two options for remote checkout (by proxy) from an object:
- discharge “to nowhere”;
- registration at a new place of residence.
First of all, you should find authorities authorized for such actions in another city (primary residence) (passport office, MFC). Next steps are as follows:
- the authorized representative goes to the selected institution with a passport, power of attorney;
- As a rule, on-site specialists provide “Form 6” (application for deregistration) for filling out;
- An agency employee checks the correctness of filling in the data and verifies the signatures of the applicant (representative, authorized person).
An application for deregistration is sent by the department within 3 working days to the address of the previous place of residence. The archive of materials is stored in the authorized body where the application was submitted until information is received about the deregistration of the citizen at the old place of residence.
The general period in this situation is 6-7 working days, in accordance with the Administrative Regulations (Order of the Ministry of Internal Affairs of Russia dated December 31, 2017 N 984). The service is free. Based on the results of the operation, a stamp indicating deregistration is placed in the applicant’s passport.
Now about the sale. You can also sell an apartment by proxy through an authorized person. The power of attorney must indicate the authority in the form of signing a purchase and sale agreement for the property, indicating the address of the apartment being sold, as well as the authority to submit documents. Documents can be submitted through the MFC, through the State Services portal (in this case, the electronic signature of the applicant is required), as well as through the registration authority (Rosreestr) through a personal reception (depending on the subject of the Russian Federation).
How to discharge a person from an apartment through government services? Step-by-step instruction
Submitting an application to remove a person from an apartment through an application available only to authorized users. If a citizen has a personal account, then it must be created. To register, you will need your passport details, INN and SNILS. To receive a wider range of services, you will need to go through an identity verification procedure.
If a personal account has already been created, then to check a citizen out of the apartment you will need to perform the following steps:
- Visit the website gosuslugi.ru.
- In the upper right corner, click on the “Personal Account” button
- Next, to authorize, enter your email or phone number, and enter your password. Click "Login".
After the main page opens, you must select the “For citizens” option, and also click on the “Service Catalog” button.
Next, from the presented list of services you need to select the item “Passports, registrations, visas”.
In the pop-up window, you must select the “Registration of citizens” item.
In the next window, in the “Electronic Services” list, select the item “Removal of a citizen from registration at the place of residence.”
In the next window, read the terms of provision of government services on the portal, and upon completion, click on the “Get service” button.
Next, indicate the type of applicant by checking the box above the current item.
The second and third paragraphs indicate personal information about the applicant and his passport information. As a rule, the fields are filled in automatically by the site.
Under point 3, you need to fill in the fields with information about your place of birth.
In paragraph 4, you must fully indicate the old address and date of permanent registration.
In paragraph 5, indicate whether there is a new permanent residence address.
In the special line of paragraph 6, indicate the basis on which a person is deregistered from registration at the place of residence.
In paragraph 7, indicate whether you have or have had a second citizenship.
In paragraph 8, provide additional information about the main reason for relocation, work, education, social security, as well as other personal information.
Next, in paragraph 9, indicate whether other persons live at the previous place of registration.
Then select the department to submit documents.
Please check that the information provided is correct.
Allow the processing of personal data, and also read the provisions on liability for intentional provision of false information. After that, click on the “Submit” button.
A notification about the status of the application is sent by email. Having processed the user’s data, the registrars will invite him to the selected department of the Department of Internal Affairs of the Ministry of Internal Affairs for an appointment with the original documents.
Nikolai Yablokov, head of the department of JSC Property Fund of St. Petersburg, answers:
The easiest option is to register permanently at your current place of permanent residence. OVIR will have to send information about deregistration to the old address. You just need to take into account that in this case (lack of permanent registration) the benefit (compensation) for paying for utilities at the previous address may be lost.
Can the new owner remove the old one from the house?
Is it possible to check people out of a purchased room?
Dates and cost of online statement
Order of the Ministry of Internal Affairs of Russia No. 984 describes the conditions for the discharge of citizens. Art. 36 states that deregistration is carried out within 3 days. In practice, due to the workload of government agencies, the deadline may be delayed by 1–2 weeks.
If the applicant is in another city or country, the period is 2–3 months.
The cost of services on the State Services website is zero. The procedure is completely free.
Interesting article: How to discharge a deceased person from an apartment?
Another feature of the portal is the ability to track the stage of consideration of the application. There are 3 statuses:
- Sent. It says that the application was successfully sent to the specified police department.
- Accepted. Indicates the start of consideration. If an error is made or not all documents are attached, the application status will return to its previous status.
- Done. This means that the application has been completed and you can go to the Ministry of Internal Affairs to submit the originals.
You can see the status in your personal account on the notifications page.
To do this, enter the number. A list of statements will open, next to which the status is indicated. The department may leave comments, for example, that the applicant did not appear at the appointed time.
The lawyer of the legal service “Unified Center for Protection” (edin.center) Andrey Yesilevsky answers:
A power of attorney is not enough here. You need a notarized consent to deregister yourself. If a person lives in another city, then notaries provide services for remote sending of documents certified by an enhanced qualified electronic digital signature; Notaries call this “certification of equivalence.” This is done step by step as follows.
- The owner is looking for which notary can send a document certified with an electronic digital signature by email to another notary in the destination city.
- The owner is looking for which notary in the destination city can accept such a document from a notary in another city and certify its equivalence.
- The owner takes the original document on ownership of the apartment and goes to a notary in his city (who can provide a shipping service).
- The owner asks to draw up an agreement to remove himself from the registration register and send it to the notary from another city whom he could find and who can accept e-mail. To do this, you need to know the city, last name, first name and patronymic of the receiving notary - notaries have directories of email addresses.
- Parents come to the receiving notary, pick up the document sealed by the receiving notary, and take it to the passport office.
Both the sender and the recipient will have to pay a state fee to the notary, and deregistration will be free. The passport office will issue application forms and collect consent.
How to register the transfer of ownership of real estate?
If I check out of the apartment, will I pay taxes and utilities?
How to register on the State Services portal?
The registration procedure on the site is simplified. Step-by-step instruction:
- Find the State Services website (gosuslugi.ru) in a search engine.
- After visiting the official page, click on the “Register” icon on the right.
- Enter your details and click on the button below.
- An SMS with a confirmation code will be sent to the specified phone number, which you enter in a special window.
- Confirm your email address.
- Enter the password you created, then click on the “Done” icon.
- In the window with the inscription “I am not a robot”, check the box and click “Continue”.
This is a simplified registration (lightweight). You can use it to pay fines, apply for copies of documents and use reference information.
To check out of an apartment, you need to apply for the standard version. It opens up more possibilities. For example, when submitting documents you will not need to wait for your personal data (passport, SNILS) to be verified. They will automatically appear in the appropriate fields of the application.
How to complete the Standard registration option:
- In your personal account, open the section with basic information. Enter your full name, gender.
- Enter your date of birth and information from your passport. Save your data.
- After checking with the Ministry of Internal Affairs, you will see confirmation of the transition to Standard in your personal account.
There is another version - Confirmed. It opens up all the possibilities for using the portal, which will also simplify the online check-out procedure. You can confirm your identity in different ways:
- visit the service center;
- order a code via Russian Post;
- apply an electronic signature;
- through the online account of the servicing bank.
Interesting article: Features of checking out of an apartment through the Multifunctional Center
How to do this on the State Services website:
- On the main page at the top, click on the phrase “Confirm it”.
- Go to the page with personal data. On the right there are several options with links on how you can make a confirmation.
- Choose one of them and follow the prompts.
Real estate expert at Voronin and Co. Daria Shestakova (St. Petersburg) answers:
In this situation, the seller’s parents need to contact the move-in department and clarify what documents, applications and authorities will be required in order to register their son by proxy. Requirements may differ from housing departments in different regions. But this is a solvable situation. Thus, the parents will discharge their son and sell the apartment by proxy. And it has now become easier to transfer a power of attorney to another region thanks to electronic document management. For example, a son makes a power of attorney in Moscow, and a notary in St. Petersburg can print out this power of attorney, put all the necessary stamps and give it to his parents.