How many people can be registered in an apartment according to the laws of the Russian Federation?
Content
- 1 What is “registration”
- 2 Types of registrations
- 3 Why do you need registration?
- 4 How many people can be registered in the apartment?
- 5 Registration in a privatized apartment
- 6 Rules for registration in departmental housing
- 7 Registration in a municipal apartment
- 8 Legislative acts regulating registration
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The legal status of residential real estate provides not only the opportunity to use apartments, but also to register at the place of residence and stay. What is the maximum number of people you can register in your living space, and how is this figure calculated? Let's consider whether there is a limit on the number of registered citizens in an apartment.
What is “registration”
The institution of registration, for a long time, has been inextricably linked with confirmation of the legality of the right to reside in residential premises.
The presence of permanent registration automatically gave the right to unlimited use of real estate, and the maximum number of people registered in municipal housing depended on the decision of the landlord.
Currently, instead of registration, there is a mechanism for registering citizens; this is done by the authorized bodies of the Ministry of Internal Affairs.
Registration is carried out taking into account the following nuances:
- owners of residential real estate have the right, at their own discretion, to move in and register citizens in their living space, and, in most cases, have the opportunity to forcibly evict and discharge residents from their apartment;
- residents of municipal apartments are significantly limited in the exercise of the right to registration; without the consent of the owner of the municipal fund, they can only be registered as a family member and some relatives;
- the presence of a stamp or certificate of registration cannot directly confirm the emergence of the right to use real estate, but is only one piece of evidence of this fact.
Thus, the number of registered citizens in an apartment depends on the legal status of the residential premises, the form of ownership, as well as on the housing registration rate.
The value of the accounting norm will influence the number of people registered in departmental housing. The fact is that one of the grounds for recognizing citizens as needing improved housing conditions is exceeding the accounting norm.
Uncontrolled registration of citizens in municipal housing, if the registration norm is exceeded, artificially expands the composition of residents who will be able to apply for an apartment in the order of priority.
Let's consider how to register people in an apartment in 2017 separately for your own and departmental housing stock.
Types of registrations
Currently, there are two options for registering a person in residential real estate:
- at the place of residence - a specific registration period is not set for the owners (as a rule, this option is associated with the emergence of an indefinite right to reside in the apartment);
- at the place of residence - upon registration, a clear period is established during which the registered citizen retains the right to reside in the residential premises (after the specified period, the registration is automatically canceled even without additional application from the owner or registered tenant).
See - Dangers that may arise for the owner during temporary registration .
The choice of a specific type of registration will depend on the grounds for moving a person into residential premises and the conditions for providing him with housing.
Why do you need registration?
Registration of citizens is an integral element of control over population migration.
Currently, there is an obligation to register for citizens staying in another locality for a period of more than three days. In this case, it is necessary to obtain a temporary registration for the entire period of stay.
Violation of registration rules entails administrative liability.
Law enforcement officials have the right to demand identification documents from citizens for verification. One of the elements of the check is the presence of a registration stamp in the passport or a certificate of temporary registration.
How many people can be registered in the apartment?
How many people can a tenant register in municipal housing provided on social rent terms?
There are no restrictions for moving in and registering family members of the employer, even if registration results in exceeding the registration norm. Moreover, the registration of family members does not require permission from the owner of the municipal fund.
How many people can be registered in an apartment if people without family ties move in?
In this case, permission from the lessor will be required, the registration of which will take into account the value of the accounting standard.
The value of the accounting norm may vary in different regions and, as a rule, is 15 square meters. m. per person.
Let's consider the procedure for applying this standard when registering citizens in a municipal apartment:
- in a one-room apartment with an area of 16 sq. m. it will be impossible to obtain permission to move in foreign citizens; registration can only be obtained by the main tenant;
- in a two-room apartment with an area of 36 sq. m. permission will be given to register two persons, including the main employer;
- in a three-room apartment with an area of 54 sq. m. you cannot register more than three persons, including the main tenant.
If citizens have to register communal apartments in a room, a similar standard will be observed, while moving in is only allowed for relatives.
Registration in a privatized apartment
If housing is privatized or acquired by citizens as a result of purchase and sale, there are no restrictions on registration actions.
In this case, the accounting norm indicator is not applied, since the presence of privatized housing deprives the right to be placed on the queue in the municipality.
Thus, determining the maximum number of persons registered in a private apartment will depend only on the decision of the owner.
How many citizens can be temporarily registered in an apartment owned by right of ownership?
In this case, there are also no legal restrictions; the owner has the right to move in and register an unlimited number of temporary residents.
Rules for registration in departmental housing
The grounds for registration in the departmental housing stock arise taking into account the following circumstances:
- the right to move in and registration arises as a result of the issuance of an administrative act of a local government authority and the execution of a social tenancy agreement (the agreement specifies a list of tenants who have the right to move in);
- in the process of using housing, if family circumstances change, you can register family members (for example, when registering a marriage or the birth of a child);
- Registration of other citizens is carried out with the direct permission of the landlord.
How long can citizens move into a departmental apartment under the conditions of temporary registration? Temporary registration is not related to compliance with the accounting norm, since it does not give rise to the right of permanent residence.
Therefore, the number of temporarily registered persons will depend only on the permission of the landlord.
Registration in a municipal apartment
The procedure for registering citizens in municipal housing can be presented in the form of step-by-step instructions:
- citizens have a basis for moving in - an administrative act of the local government body is issued, a social rent agreement is drawn up, etc.;
- if permission for registration is required from the landlord, citizens are sent an application indicating the grounds for registration;
- after receiving permission from the local administration or landlord, you must apply to the migration department of the Ministry of Internal Affairs;
- Registration at the place of residence or stay is completed within 3 to 7 days.
How much money do they pay for a registered person in an apartment? If there are no metering devices in the residential premises, the presence of each registered person automatically entails a significant increase in the rent and the amount of payments for housing and communal services.
In this case, payments for cold and hot water are calculated based on the number of citizens registered in the living space.
Legislative acts regulating registration
How can you find out the maximum number of citizens allowed in an apartment, and what law regulates this?
First of all, it is necessary to establish an accounting standard adopted by the regulations of local authorities.
In addition, registration of citizens is carried out on the basis of the norms of the Housing Code of the Russian Federation and Decree of the Government of the Russian Federation No. 713.
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