Registration of registration without the right of residence on the basis of a contract or agreement of the parties
Content
Registration of citizens at their place of residence, both temporary and permanent, is an important legal procedure. The issue of so-called “registration” is especially relevant in large cities of Russia, where a large number of citizens arrive every day. Each of them pursues their own goals (study, work, search for a better life), but in order to receive certain social guarantees, official employment, enrolling children in kindergarten, school, everyone needs to register. “Can I just register with you?” — distant relatives and acquaintances often hear. Therefore, the question: “Registration without the right of residence - what is it?” - relevant for many.
Is it possible to register without the right of residence?
A comprehensive study of the norms of current legislation shows that the concept of registration without the right of residence does not exist.
- It is possible to register and live in an apartment. The place of registration and the place of actual residence of the citizen may not coincide.
- A person is not required to reside at his place of registration.
- Registration, both permanent and temporary, gives the right to use and reside in residential premises.
- The right to live in an apartment, but without registration, is possible for 90 days. Next, you need to register at your place of stay.
- Currently, it is possible to register at a dacha, that is, in a dacha house located on the territory of a dacha non-profit partnership (SNT).
Before deciding to register any persons (for example, distant relatives from the village) in an apartment or house, you need to understand all the intricacies of this procedure.
The fear of letting strangers into your apartment goes back to the era of the Soviet Union. At that time, most residential premises were not owned by citizens, but were used under a rental agreement.
Therefore, everyone who registered again was endowed with the same rights to living space as other residents. It was almost impossible to discharge him without voluntary consent.
Today the situation has changed. Almost all apartments have been privatized or initially acquired as property.
Consequently, the owner of the premises has the right to both register and deregister other persons. To register and deregister unauthorized persons, it is necessary to submit a document on ownership and submit an application to the Federal Migration Service.
However, there are persons who, on the basis of desire alone, cannot be removed from registration at their place of residence.
The list of such persons includes:
- Close relatives (spouses, parents, children).
- The owner's children have not reached the age of majority.
- Persons who have the right to privatization, but refused it in favor of the owner.
- Persons specified in the will.
Let's take a real life situation as an example. After marriage, the husband registers his wife in his residential property. During the marriage, a child is born, who is automatically registered at the place of residence of the parents.
Subsequently, the relationship between the spouses cools down. The marriage is dissolved. The ex-wife ceases to be close relatives in relation to the owner of the premises.
But a minor child does not lose this status, and, therefore, cannot be discharged at the request of the homeowner. At the same time, the mother has the right to live with the child until he reaches adulthood, since children cannot live separately from their parents.
Of course, there are no hopeless situations. It is possible to re-register the right to a third party who will no longer be a close relative of the child and will be able to write them out upon application. But this takes time, nerves and additional costs.
- Temporary registration, just like permanent registration, does not give any other rights to owned residential premises other than residence.
- Registration in a municipal apartment gives the right to privatize it in equal shares to everyone who is permanently registered.
- The constitutional right of a citizen is freedom of movement and choice of place of residence.
Temporary and permanent registration - what is the difference?
There are differences between these concepts and they are significant for citizens who intend to build their lives in the Russian Federation:
- Temporary registration is issued for a certain period, at least 90 days. After the specified time has passed, the person loses the right to use the premises.
- Permanent registration, as the name suggests, gives a person the right to use the premises indefinitely. From the point of view of social guarantees and benefits, it wins in relation to the first.
In Moscow, citizens of the Russian Federation can only get a good official job if they have permanent registration.
Drawing up a registration agreement without the right of residence
As we noted above, registration without the right to reside in residential premises does not exist. However, the owner can protect himself from possible problems in the future by concluding an agreement. The document must specify what rights and responsibilities are assigned to the person to whom the registration is granted.
What should be included in the agreement?
For such an agreement, a simple written form is provided, that is, notarization is not required. The registration agreement without the right of residence does not have a strict template and is concluded in a free form.
It specifies the main points inherent in any contract and special conditions:
- Name;
- date and place of imprisonment;
- personal data of the parties;
- subject of the agreement (data about the residential premises in which the person will be registered);
- rights and obligations of the parties (this is where it is indicated that registration is formal, and the person will not claim actual residence in the premises);
- Type of registration (in the case of temporary registration, the period for which it is provided is taken into account);
- Other essential conditions;
- Procedure for terminating the contract.
Sample
Be sure to have any document certified by a notary to avoid unnecessary problems.
A sample agreement on registration without the right of residence can be downloaded here .
Is there a danger for the owner?
Of course, there are risks associated with registering strangers.
Here are some of them:
- Even if there is a registration agreement without residence, the registered person can reside and use the residential premises. These rights are guaranteed to him by law, which cannot be limited by any agreement. This agreement will be evidence in court.
- If the person with whom such an agreement is concluded is a close relative of the owner of the property, the court may recognize his right to live in this premises on the basis of the norms of the current legislation.
- Children are registered at the place of residence of their parents; the owner’s consent is not required.
In order not to turn out to be a bunny from a fairy tale who let a fox live and ended up on the street, think more than once before registering unfamiliar people.
If you have made this decision, try to protect yourself as best as possible. Document all registration conditions with the appropriate agreement.
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