How to register in an apartment without the presence of the owner and his consent

The right of ownership of residential premises gives citizens exclusive powers to own, use and dispose of the apartment. They also include the right of the owner to register in his housing only those persons whom he himself determines. As a rule, registration in an apartment without the presence of the owner is possible only with his direct consent.

According to domestic legislation, you can obtain temporary or permanent registration. In the material presented you can find out how registration in an apartment or private house is carried out without the presence of the owner.

Temporary registration

Temporary registration in an apartment is registration at the place of stay, for which a certain period is provided. This option does not give rise to a permanent right to use residential premises, since after the expiration of the registration period it automatically ceases to be valid.

For temporary registration, you must contact the passport office or the migration office of the Ministry of Internal Affairs at the location of the property. To do this, you must submit a set of the following documents:

• general civil passports of the owner and the person who will receive temporary registration;
• consent of all owners of residential premises for temporary registration at the place of residence;
• application for registration at the place of residence, which is signed not only by the owners, but also by permanent residents;
• payment document confirming payment of the state duty.

In this case, the owner of the apartment gives his consent to registration directly when contacting the passport authority, filling out an application form in the prescribed form. Registration of a citizen of the Russian Federation without the presence of the owner will entail a refusal to accept documents.

Permanent registration

Registration at the place of residence follows a similar procedure, however, the following features must be taken into account:

• registration in residential premises owned by citizens is accompanied by the presentation of a certificate of ownership of the apartment (if citizens live on social rent, then they will need to obtain the consent of the landlord);
• documents for registration are submitted to the passport office with the participation of the owner or his representative by proxy;
• the property owner can obtain a notarized consent.

Thus, the personal participation of the owner will not be required if his representative by proxy or the registered citizen himself contacts the passport office staff with a notarized permission for registration. Another option for carrying out an action without the participation of the owner of the property would be to register for registration by court decision.

Applying to passport authorities using a notarized power of attorney

The issuance of a notarized power of attorney makes it possible to carry out legally significant actions through a representative, from the sale of housing to the execution of documents in authorized government bodies. Registration of citizens can also be the subject of a power of attorney, and the following important circumstances must be taken into account:

• a power of attorney for registration can only be issued upon confirmation of ownership of an apartment or house;
• the power of attorney can only be used within the period of its validity;
• To register a residential property in this way, you will need a power of attorney from all owners.

Note! Without the consent of one of the owners for registration, even having a power of attorney from the other owners will not provide the opportunity to register with the authorized bodies.

The power of attorney must be certified by a notary, otherwise it has no legal force. If such a document is received, for registration you need to submit:

• general civil passports of citizens subject to registration, as well as a representative by proxy;
• original power of attorney;
• notarized consent of all citizens for registration;
• title document for real estate (certificate of title or extract from the Unified State Register of Real Estate);
• payment document confirming payment of the state duty.

Registration in this way without the consent of other registered citizens or owners will be impossible; the documents will be returned by the authorized bodies. Such consent must be expressed in the personal presence of these persons or it can be formalized by a notary.

The only option when a citizen is registered at his place of residence without the presence of the homeowners is the case when he owns a share in the property rights. This right is granted to each shareholder; it cannot be limited by the decision of the remaining shareholders.

Registration with notarized consent

The legal significance of notarial consent lies in the expression of will regarding the registration of unauthorized citizens in a given living space. Even if one of the home owners has issued a power of attorney for registration, passport authorities are required to have the opinion of other citizens who have rights to real estate.

Such consent may be given in the following cases:

• when one or more owners, for objective reasons, cannot be present in person when submitting an application to the passport office;
• when a person registered in an apartment or house was forced to leave the locality during the period of the intended appeal to authorized government structures.

Often, consent can be formalized by calling a notary to your home (for example, in case of a serious illness of a citizen). Therefore, in order to complete an application for the owner’s consent for registration, you will need to confirm the right to real estate.

Registration in an apartment or house by court decision

The court decision will be a legal way of registration without the presence of the owner. In court proceedings, the plaintiff’s right to registration is confirmed, which will be formalized in the form of a judicial act.

Appealing to passport authorities based on a court order has the following features:

• the decision can be executed by passport authorities voluntarily or forcibly through enforcement proceedings;
• to apply in this way, it is necessary that the judicial act enters into legal force;
• the decision may contain an indication only of permanent registration, so only issues of protecting the civil rights of citizens are subject to consideration in court, and temporary registration does not give rise to any rights.

When receiving a court ruling, passport authorities are required to strictly follow the requirements set out in the operative part of the decision. If the content of a judicial act is unclear or cannot be executed without additional instructions, you must contact the same judicial body that made the decision.

A typical case of going to court on such an issue is when one of the former spouses wants to register a relative in their part of the living space. For example, if the property is jointly owned and a man plans to register his brother in a privatized apartment, however, he was unable to obtain the consent of his ex-wife to register in the apartment.

For the court, it is necessary to collect evidence confirming that the plaintiff has the right to real estate, which gives him the opportunity to register persons at his own discretion. After a judicial act is issued, the consent of the remaining owners will not be required; the decision can be immediately presented to the authorized bodies.

Popular questions and their solutions

Let's consider the answers to the most pressing questions that arise when registering citizens at their place of residence or on a permanent basis.

Question. How can I register my father without the required documents if my husband and I are the owners of the apartment by joint ownership, however, he does not give his permission to such actions? Is it possible to achieve such a right by going to court?

Answer. In this case, even an appeal to the judicial authorities will not yield results, since the presence of joint property implies obtaining approval from each of the spouses. Such a problem can only be resolved by a mutual decision of all owners of the residential premises.

Question. Can I register my friend who does not have ownership rights in the apartment into the apartment? We have common shared ownership, the other owners do not object to contacting the passport authorities.

Answer. In this case, not only the oral permission of all citizens who have ownership of real estate is required, but also their personal appearance at the passport office or execution of a permit document by a notary. If such a document is received, the passport authorities will be required to take all necessary actions.

Question. What to do if the husband expressed a desire to register a child from a previous marriage in the joint apartment? The boy is not yet 18 years old, but his mother has square meters. How can I prevent his actions, since my husband and I own real estate on a common basis in equal shares?

Answer. In this case, nothing depends on your opinion or decision, since registering a child at the place of residence of one of the parents is an unconditional right of citizens. If the child previously lived with his mother, her approval will be required to change the place of residence of the minor child.

Thus, the spouse has the right to register it without your permission by contacting the passport office. However, it must be taken into account that the very fact of going through the registration procedure does not necessarily give rise to the child’s rights to your property.