Registration without ownership of an apartment, house and other housing
Content
To apply for registration without ownership rights, the owner of the property and the citizen who wants to receive it must contact the territorial division of the FMS and write an application, attaching the necessary documents. Such registration without the right of ownership will not give a person a set of rights related to the disposal of real estate.
What does registration without the right to living space give?
Registration in Russia is an archaic institution of civil law, which has been replaced by registration at the place of stay (temporary) and at the place of residence (permanent).
For the state, the lack of registration is an offense and involves the imposition of an administrative fine; For a citizen, its presence is an opportunity to acquire a set of rights that are necessary for a comfortable existence.
What does registration in an apartment or house without ownership rights give a citizen?
- registration of a medical insurance policy and registration with a hospital;
- employment;
- placement of children in kindergarten/school;
- receiving benefits and allowances;
- obtaining the necessary documents (SNILS, driver's license, TIN), etc.
To register a person without registering property rights, you must contact the FMS with an application, passport and consent from the home owners. The procedure is free and is carried out within no more than 3 working days.
Despite the permissive nature of registration in the Russian Federation, the legislator introduces liability for its absence. Art. 19.15.1 of the Code of Administrative Offenses of the Russian Federation establishes the amount of fines for both citizens and owners of premises. At the same time, for residents of Moscow and St. Petersburg their size is higher.
Types of registrations without ownership rights
Registration for a private house or a new building does not always require permanent registration; in some cases, a temporary registration procedure is sufficient. This is suitable for those who are passing through the region or planning to change their place of residence.
Both registrations do not give citizens the rights to own and dispose of real estate, except for the cases that we will discuss below.
Constant
A citizen who changes his place of residence must notify the FMS about this within no more than 7 working days and obtain registration in the new apartment. Regardless of the period of registration, the new tenant will not be able to claim real estate, since he will not have any rights to this, and the legal fact of registration also does not provide such an opportunity.
Registration in a privatized apartment without the right to property is possible if there is the consent of the tenants. At the same time, an unlimited number of persons can be registered; including minor citizens.
They will not be able to claim living space in a privatized apartment. However, they can only be discharged by a court decision. Therefore, to be on the safe side, it is better to first register temporarily.
If we are talking about registration in municipal housing, then you need to remember that the citizen will have the right to part of the apartment when carrying out the registration procedure. To prevent this from happening, he must be discharged. However, only the state can do this, since the agreement was concluded with an authorized body.
Temporary
Temporary registration is required for persons who have been away from their place of residence for more than 90 days. At the same time, they can live in specialized institutions (hospital, hotel) or rent an apartment.
If in the first case the administration will carry out all registration actions for the citizen, then in the second he must himself apply to the FMS with an application and the consent of the owner.
This type of registration allows a citizen to have access to some social benefits, but does not give him the right to own an apartment.
For example, registration for a year without ownership rights - such a condition may be contained in a rental agreement. At the end of the period, registration ends automatically. If no deadline is agreed upon, the owner will have to go to court to evict the tenant.
Child registration
Parents can register a child at their place of registration. In this case, it is not necessary to obtain the consent of the owner and other residents.
To carry out the procedure, you must contact the passport office with the following documents:
- baby's birth certificate;
- parents' passports;
- parents' marriage certificate (if available);
- an extract from the house register and personal account at the place of their registration.
- The parent fills out the application and attaches all documents to it.
For reference! If parents are registered at different addresses, then from the place of one of them (where the child will not be registered), a certificate is provided stating that he does not live there.
You can register a newborn child before he is 1 month old using a simplified procedure: one of the parents goes to the passport office, provides a birth certificate or a certificate from the maternity hospital (if there is none), a passport, a marriage certificate and an extract from the house register. The presence of the second parent and a certificate from his place of registration is not required.
How to discharge a minor?
Through the court, but in this case participation in a meeting of the guardianship authority is mandatory. Yes, the procedure is more complicated than discharging his parents; but the owner of the living space has good reasons if the registration of his ancestors has ceased.
We draw up a registration agreement without the right to housing
The owner can register a citizen in his apartment without the right to living space. In order to avoid problems in the future, the parties have the right to enter into an agreement without ownership rights.
Design rules
The document is drawn up in writing, signed by the parties and, if they wish, can be notarized. As a rule, the parties enter into a transaction for the right to use residential premises.
The text of the agreement states the following:
- FULL NAME. parties;
- location of housing;
- if the registration is temporary, its duration;
- the condition that registration is without ownership and residence rights (if necessary);
- condition on notifying the owner when registering minors;
- other rights and obligations of the parties.
Registration agreement without ownership rights - a sample can be found on the Internet. Since the legislator does not establish any requirements for its content, the parties have the right to develop the draft independently.
Sample
You can download a sample agreement for the free use of residential premises here .
Where to buy a registration?
There are several ways to buy temporary registration in Moscow and St. Petersburg:
- Draw up a lease agreement, the term of which will be equal to the registration period. In this case, you only need to pay rent; The procedure for registering with the FMS is free.
- Buy part of the living space. Even a few square meters give a citizen the right to living space, the design features of which will depend on the region of residence.
- Contact organizations that set the price of registration and handle the preparation of all necessary documents. It is better to play it safe and be present at the FMS yourself, and transfer money to intermediaries only after receiving documents confirming the fact of registration.
Advertisements may offer lifetime registration in an apartment; but before registration it is worth checking the documents for the apartment. These could be scammers who will take the money and disappear, and the owner of the living space will not know anything about it.
Thus, registration without ownership rights is possible; To do this, the parties must visit the FMS, write an application and provide all the necessary documents. It is permissible to conclude an agreement on this, which can serve as evidence in court when drawing up a citizen’s extract.
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