Registration in an apartment without the right to living space
Content
The procedure for temporary or permanent settlement in residential premises requires compliance with the rules of registration (registration). In addition to acquiring rights to living space, registration without the right to property is allowed, which only implies the possibility of limited use of the apartment.
Few people know about this legal nuance, so we will try to talk about it in more detail.
Conditions for registration in a privatized apartment
What is the difference between temporary and permanent registration in residential premises, and how should registration be obtained without the right to living space? Own housing, the rights to which are registered in the Unified State Register of Real Estate, makes this procedure relatively simple.
The decision to grant the right to permanent or temporary residence in a privatized apartment can only be made by the owner or their group in case of collective types of ownership.
When applying for registration without the right to living space, the owner must complete the following steps:
- pay the state fee for temporary registration;
- contact the passport office at your place of residence or the territorial division of the FMS;
- present a passport and a document confirming ownership of the place of residence;
- present a passport of the person who is temporarily registered in the apartment;
- fill out the registration form.
What is temporary registration without the right to housing? This is a procedural action that allows a person, with the permission of the owner, to temporarily stay and be registered in a residential premises. This definition means that after the expiration of the registration, the registration automatically ceases to have legal significance.
From the moment of receiving registration, a person can temporarily use housing, however, he does not acquire any rights to it. Registration without property rights is also possible with permanent registration.
The legislation regulates that any restriction of property rights is unacceptable, and its acquisition is possible only by performing legally significant actions.
Permanent registration only confirms the indefinite use of living space , but cannot independently create claims of the registered person to the property.
If such allocation is provided for in the contract (for example, when selling an apartment), the person registered on a permanent basis will always have legal use of the living space.
Permanent registration in an apartment without the right to living space does not limit the rights of the legal owner, since the law allows for the possibility of eviction of any person who does not have claims to the property. In case of refusal to vacate the living space, he will always be able to achieve a resolution of the conflict situation through the court.
Documents for registration of registration without the right to property, even in the case of permanent registration, include the above list of forms and forms.
Registration in municipal housing
Accommodation in municipal housing is formalized by concluding a rental agreement, and the owner has the right to control the number of permanently and temporarily registered persons.
Temporary registration in a municipal apartment is also not particularly difficult, so for this you need:
- go to the passport office or FMS office;
- provide a rental agreement or a passport with registration;
- confirm the existence of family or other similar relationships with the person being registered;
- pay the state fee for temporary registration.
As in the case of a privatized apartment, temporary registration in municipal housing does not entail any consequences and expires upon expiration.
- What if a person wants to obtain permanent registration in municipal housing? In this case, the right to permanent registration will be significantly limited. Making such a decision is directly related to registration (although the law provides for other provisions), so the owner of the housing stock has to control this process of granting permission.
- What is the best way to register a person permanently in public housing? If such a person is a member of the tenant's family, the owner is obliged to provide such an opportunity. The absence of family relationships will make this process almost impossible.
Advantages and disadvantages of registration
The legislation does not directly equate registration in housing with the emergence of rights.
For example, a person registered without ownership rights will have the same registration form and stamp in his passport as the owner himself, however, he will not have title documents for the apartment - an extract from the Unified State Register of Real Estate, a certificate of ownership.
A citizen living without registration becomes the object of increased attention from law enforcement agencies.
This is due to the obligation to register even in case of a short stay. If you apply for temporary registration, such problems will not arise.
FAQ
- Is it necessary to provide for the conclusion of any agreement if a person is temporarily registered in an apartment without the right to reside? Often, a temporary document is drawn up when concluding the following short-term rental or rental agreements, and is an additional basis for temporary residence.
- How is registration obtained without the right to living space in Moscow? Since 1995, any restrictions on registration in Moscow or St. Petersburg have been lifted by a decision of the Constitutional Court of the Russian Federation, so there can be no problems with registration in a Moscow apartment.
- Registration without the right to housing for a minor has certain features. As a general rule, eviction of a child from a residential premises without providing other housing is a last resort. Exceptions are cases when the entire family is forced to evict for violating legal requirements. The child's registration is carried out at the place of registration of his parents (or at least one of them). The children themselves will not be able to do this due to the lack of full legal capacity.
- What to do if a temporarily or permanently registered person refuses to move out of the apartment? In relation to privatized housing, this problem is solved by eviction in court without providing another place of residence.
For municipal housing there are characteristic features:
- temporary registration loses force from the moment its validity expires, and the person automatically loses the legal right to reside;
- Permanent registration in most cases entails recognition of the right to use a municipal apartment, so eviction is not always possible even in court.
The judicial procedure can take place without the participation of a person who refuses to vacate the housing after the expiration of the validity period. To do this, it will be necessary to prove the fact of proper notification of the defendant at the address of his last place of registration.
Legally, you can prepare the documents in such a way that ill-wishers will not have negative thoughts about the privatization of part of your real estate. In such cases, we always advise you to seek help from qualified lawyers.
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