Act of actual residence - what kind of document is it and what is it for?

In simple terms, this act records exactly who lives (or not) in a certain apartment or house.

It is interesting that this document does not appear in any laws or even in the Housing Code. The only mention of it is contained in the Decree of the Government of the Russian Federation No. 354 “On the provision of utility services to owners and users of premises in apartment buildings and residential buildings.” However, the document is used in different situations.

Which organizations need it and why?

According to the Decree of the Government of the Russian Federation, the consumer of utility services is obliged to inform the contractor (that is, the service provider) about the number of people living in the apartment. The act is submitted to the management company within five days (working days).

In addition, this document is needed to recalculate utility bills. For example, the owner leaves for a long period of time. Or lives elsewhere. If there is no act, then payments are calculated according to the number of homeowners.

But this is the case if he does not have metering devices installed. Metering devices include water, gas and heat meters.

The Federal Migration Service.

If a person does not live at the address at which he is registered, then the FMS deals with this matter. Especially foreign citizens and stateless persons temporarily staying in Russia.

The police need information about your actual residence. For example, if there is an eviction case or an illegal rental case.

Thus, this document has a very wide scope of application by various authorities.

Who can draw up this document

The owner himself has the right to draw up an act (if he needs a recalculation of utilities or intends to rent out the premises).

In case of official need, it can be drawn up by representatives of the authorized bodies listed in the previous paragraph - representatives of the migration service, district inspector, bailiffs, housing office employees.

It happens that the act is drawn up by neighbors. We will discuss this option in a separate paragraph.

In order for the document to have legal force, it is necessary to draw up a commission. The commission usually includes neighbors, housing office workers, police officers or a local inspector. One representative from each body. They jointly draw up a deed and sign it.

Certificate of residence, form

You can write it manually or fill out a ready-made form.

No special form of the document is fixed anywhere, but it, like all official documents, is subject to generally accepted requirements:

• details (last name, first name, patronymic, registration or actual location address) of the applicants and the person being inspected;
• information confirming or refuting the residence of the person being inspected in this territory;
• evidence (if available);
• data of commission members;
• signatures of all those present.

How to write an act of residence from neighbors, features of drafting

If the owner illegally rents out an apartment, and the tenants disturb the silence or do not comply with sanitary and hygienic standards, neighbors can draw up a certificate of occupancy.

The emphasis should be on the fact that the owner of the apartment himself does not live in it. You can contact the Housing Office. There they will confirm the fact of non-residence of the owner and issue a corresponding certificate.

You can now contact the police with these documents. And they will continue to act in accordance with the law.

Sample certificate of residence from neighbors

1. When filling out an act from your neighbors, you must indicate the passport details and exact addresses of the applicant neighbors, a detailed description of the situation and the signatures of all those present.
2. The document can be certified by a representative of the management company or a local inspector.
3. You can download a sample act right here.

Fines

It can be difficult for law enforcement agencies to prove the fact of residence or non-residence of a particular person: he may live nearby and often come to his place of registration; in apartment buildings, neighbors often do not know each other and cannot give testimony. Therefore, when inspecting the room, attention is paid to every little detail, right down to the number of cutlery.

But if it is still possible to prove the fact of illegal residence in another residential premises, then a violation of Article 19.15.1 of the Code of Administrative Offenses of the Russian Federation will be recorded. Then a fine of 2 to 3 thousand rubles will be imposed on the citizen. And a homeowner who allows unregistered persons to live on his territory faces a fine of 2 to 5 thousand rubles.

Liability and fines

Persons have the right to reside on the territory of the Russian Federation for 90 days. After expiration of the period, they may be fined. In this case, temporary registration is necessary; its registration will not be difficult. If you apply after the 90-day period, you will have to pay a fine.

It is difficult to record the fact of illegal stay at another address. If it is revealed that a person has violated Article 19.15.1 of the Code of Administrative Offenses of the Russian Federation (residence of a citizen of the Russian Federation at the place of stay or at the place of residence in a residential building without registration), he is obliged to pay a fine, the amount of which is 2000-3000 rubles.

However, the size of the fine varies depending on the region. If the violation was committed in Moscow or St. Petersburg, the fine will be from 5,000 to 7,000 rubles.

Remember! Temporary registration is not required in the following cases:

• if the citizen is registered and actually lives within the same locality;
• temporary registration is not required for family members of a citizen who is registered at a specific address;
• persons who rent an apartment or room in a hostel if they have a residence permit in a given region are not held liable.

You will avoid a fine if you regularly move to your place of registration. This situation may not please the neighbors, who have the right to initiate the procedure for eviction of a citizen from a residential premises.

Read more: Register an apartment in the Rosreestr through government services

Relatives may be evicted if absent for a year. Other citizens are subject to eviction after six months.

The act of non-residence is drawn up by a specially created commission, which includes neighbors and employees of the management company. You have the right to have the document certified by a notary.

Watch the video. Lack of registration:

Number of blocks: 15 | Total number of characters: 13774 Number of donors used: 5 Information on each donor:

1. https://ooo-zakon.ru/zhilishnie-voprosy/akt-o-fakticheskom-prozhivanii/: 4 blocks out of 5 were used, number of characters 5139 (37%)
2. https://potreb-prava.com/nedvizhimoe-imushhestvo/zhilaya-nedvizhimost/obrazec-akta-o-prozhivanii.html: 4 blocks out of 8 were used, number of characters 4103 (30%)
3. https://ahrfn.com/vyselenie/akt-o-fakticheskom-prozhivanii-ot-sosedej-obrazec.html: 1 blocks out of 5 used, number of characters 1303 (9%)
4. https://zakondoma.ru/propiska/kak-sostavit-akt-o-ne-prozhivanii-po-mestu-propiski-obrazets.html: 2 blocks out of 7 were used, number of characters 2062 (15%)
5. https://law03.ru/housing/article/akt-o-fakticheskom-prozhivanii-v-kvartire: 2 blocks out of 3 were used, number of characters 1740 (13%)

Act of residence from neighbors - sample, form, download

Certificate of actual residence - sample, form

Act on actual residence in the apartment - sample, form, download

Sample act of residence from neighbors - study in detail

Certificate of non-residence at the place of registration - sample, form, download

Collective complaint to the prosecutor's office - sample, form, download

Not all people live at the place of registration, and they have many reasons for this. Sometimes you may need a certificate stating that a person lives or does not live at his place of registration. In this case, an act of actual residence is drawn up. From the article you will learn in what cases an act is drawn up, who has the right to draw it up and what data the document contains.

Act of actual residence

Guru of Law April 30, 2019

The act of actual residence of a citizen in an apartment is drawn up by the management company or inspection authorities. The basis for drawing up the document can be the testimony of neighbors and other evidence.

Such paper may be required in the event of conflicts with the management company, utility companies, or if it is necessary to forcibly evict a person from the occupied living space.

However, the Housing Code and other legislative documents do not address the issue of drawing up this act. The only thing that regulates the procedure for drawing up and using a residence certificate is Government Resolution 354.

In this case, the court, in the case of consideration of cases concerning Housing Law, takes into account the acts of residence or non-residence in the apartment.

How to draw up an act of actual residence in an apartment?

First of all, if you need to draw up an act of actual residence, no one will provide you with an official sample. The paper is drawn up in a more or less random order, but must contain the following information:

• date of document preparation;
• the address at which the check was carried out and where the fact of residence was established;
• passport details of the person whose residence is established in the apartment;
• evidence confirming the fact of residence or non-residence in the apartment;
• place of residence (registration) of the person, if any;
• data from witnesses to the document;
• signatures of those making the document and witnesses.

It is worth paying attention to the fact that the act of residence is drawn up by a commission, and not by one person. If the document was drawn up with violations, this is a reason for lawyers to challenge the validity of the paper, and for the court not to take this act into account.

The commission may include:

• neighbours;
• district police officer;
• representative of the management company;
• other persons.

In the process of drawing up an act of residence, the apartment is inspected by a commission in order to find the belongings of the person whose residence here must be proven. The drawn up document is checked by members of the commission, after which they sign it.

In what cases is an act of actual residence in an apartment drawn up?

Various situations arise, so lawyers dealing with Housing Law issues encounter similar cases with enviable regularity. The act may be required by the management company if it is necessary to recalculate payment for services provided to residents. This paper is also the basis for forced eviction from an apartment.

Quite often there is an act from neighbors about the actual residence of a person in a particular apartment. For example, if an apartment is rented out, and the tenants have suspicions that more people live in it than is stated in the contract. And simply, if neighbors renting an apartment do not give peace to other residents, this document can help solve this problem.

In this case, the act becomes almost the only confirmation that the apartment is being rented with serious violations. Although there is no drafting template as such, there are certain rules according to which the act of residence should be drawn up.

• The act must be directed to specific people whose details are indicated in the paper, otherwise it will be invalid.
• The presence of a special commission is a prerequisite for the entry into force of the drafted act.
• As soon as the document is signed by the constituent persons and witnesses, it becomes legally binding.
• The owner of the apartment being inspected must be personally present during the inspection, so he is notified in advance.

How to fill?

Typically, the management company acts as the initiator of drawing up the document. And neighbors are involved as witnesses. In the presence of the district police officer and at least 3 neighbors, an examination is carried out for the belongings of the persons who actually live here. The owner of the apartment must be notified about this so that he can be present in person.

Although the act does not have a prescribed form, it must contain the following information:

• Date of filling, city or other locality;
• Full names of neighbors and their residential address;
• Full name of the employees of the management company and their position;
• Full address of the apartment;
• Full name of the apartment owner and the date of his notification;
• The names of all persons identified as residing on the premises;
• A list of everyone registered in the residential premises;
• Reason for drawing up the document;
• Signatures of all listed persons.

Read more: What is the period for accruing a pension after submitting an application?

The document must be signed by the owner of the apartment and the persons living in it. If they refuse to sign, the relevant information is indicated in the act.

Sample of filling out the act of actual residence:

Thus, the drawn up act is used as part of the eviction documents along with a complaint to the court. There must be actual evidence of violation of the rights of neighbors and lack of registration at the place of residence. A correctly drawn up document is the basis for consideration of the case; the testimony of witnesses and officials is additionally taken into account.

Act of actual residence

1. Chairman of the board of the apartment building - Valery Gennadievich Viktorov
2. Equipment of section No. 4 of Management Company "Initiative" - ​​Sazhnev Vladimir Antonovich
3. Specialist of the 1st category of the Management Company "Initiative" - ​​Dobronravov Petr Alekseevich

drew up this act stating that when visiting apartment No. 45 in building No. 108 on the street. Youth city

Yekaterinburg in which, according to the passport office data, the following are registered: Pavel Yurievich Borisov, born in 1978, Angela Olegovna Borisova, born in 1973, the fact of residence in addition to the registered following persons has been established: Angelina Pavlovna Kolodova, born March 19, 1978, Valery Viktorovich Zaitsev, August 20, 1977 birth, Irina Evgenievna Kostandova, born May 29, 1980.

How to discharge a person from an apartment if he does not live there and does not pay?

Design features

The act becomes the main document confirming that the apartment is being rented with serious violations. Tenants may be a nuisance to neighbors or lead unacceptable lifestyles. Having this document makes it easier to file an eviction complaint.

Complaint against water utility: sample where to apply

It is important to complain about specific people who do not live at their place of registration. Otherwise, the act will not be considered. A mandatory requirement is the presence of a special commission, which can be formed from the following persons:

1. District;
2. Specialists from the management company;
3. Neighbors;
4. Other interested parties.

The legislation does not establish the exact form of the application, but it can be drawn up in any form. The document acquires legal force as soon as it contains the signatures of all specified persons.

How to fill out the form

In order for a document to have legal force, it is necessary to involve a special commission to formulate it. Members of the commission can be:

1. Employees of the management company or housing office.
2. District police officer
3. Neighbours.

Most often, the initiator of drawing up the paper is the management company, which attracts neighbors as witnesses. The owner of the property must be notified that the commission will be collected. If the owner of the living space and the persons on whom the paper is filled out are not present when it is drawn up, this must be recorded in the act.

Cohabitation Act

1. The registration of the place of residence is carried out by a commission, which includes authorized municipal authorities, a district police officer and three neighboring residents.
2. The form for submitting the act is arbitrary, but it contains mandatory points
3. The document contains the following data:

1. Address and date.
2. Data from the passport and full name of the person being checked.
3. Evidence of its presence or absence in the presented residential area.
4. Current location, if known.
5. Full name and passport details of everyone who took part in the recording.
6. Signatures.

Neighbors also draw up an act indicating:

1. Names, addresses and passport details of neighbors.
2. Information about the inspector.
3. Date and signatures.

The certificate completed by the neighbors must be signed by the district police officer or a representative of the housing department. A sample act of residence from neighbors can be downloaded here.

This form is not official; it can be compiled in any form. Legal force will not apply in the event that there are provisions that do not comply with the law.

Actual place of residence

The actual location is the premises not specified during registration where the citizen lives.

A certificate of actual residence can be useful in case of conflicts with utility services, that is, for calculating payments and as arguments for the Federal Migration Service.