Who can be registered in a municipal apartment and is it possible?
Content
Municipal real estate is residential premises allocated to citizens on social lease terms, when they acquire the right of permanent residence free of charge. Who can be registered in a municipal apartment, and how many people are allowed to register in the specified living space? Let's consider the terms and conditions of temporary and permanent registration in a municipal apartment.
What do you need to register in a municipal apartment?
The rules for allocating municipal living space are regulated by the Housing Code of the Russian Federation; to obtain it, you need to confirm the status of a low-income family and get on the waiting list for improved housing conditions.
Housing is provided on a first-come, first-served basis in compliance with square footage standards, and the following nuances are taken into account regarding the move-in and registration of citizens:
- To register in a municipal apartment, you need to submit a social tenancy agreement, which indicates the composition of the residents;
- if the tenant is registered in municipal housing, his eviction is allowed only on the grounds expressly specified in the law;
- It is possible to register a wife with her husband, or register other family members without additional agreement or approval from the landlord.
Only the exchange of municipal apartments is allowed, in which social rent agreements are reissued.
Is it even possible to register in such housing?
Is it possible to register a wife, husband, mother, child or other relative in a municipal apartment? When registering relatives, the employer does not have to contact the municipality; registration will be carried out by citizens personally applying to the FMS office.
At the same time, employers are not even obliged to notify the municipal authority about their registration.
The legal grounds for applying for registration arise from the signing of a social tenancy agreement. This document is an analogue of a warrant for residential premises, which was issued to citizens before the Housing Code of the Russian Federation came into force.
To register in housing, a social tenancy agreement does not need to be registered with the Rosreestr office, since a transfer of ownership does not occur.
Who can be registered in a municipal apartment?
Let's consider which categories of citizens being moved in do not require permission to register from municipal authorities, and for whom this procedure will have to be coordinated.
The Housing Code of the Russian Federation regulates the following rules of settlement, and, accordingly, registration for certain categories of citizens:
- a minor child is registered in municipal housing without the consent of the landlord, even if he is not indicated in the social tenancy agreement (for example, if children were born after citizens moved in and registered);
- without the consent of all residents of a municipal apartment, registration of third-party citizens will be impossible;
- It is possible to register in a municipal apartment without consent a circle of people with close family ties, which include a legal spouse, natural or adopted children, parents, and other close relatives.
Note! When registering a child in a municipal apartment, the standard footage of living space, which may be a limitation when registering adult citizens, does not matter.
For example, if the standard for the living space of an apartment does not allow citizens to move in (the registration standard for moving in is approved by local authorities), FMS agencies will legally refuse registration.
The rights of a registered citizen will depend on the registration status. During temporary residence, a registration mark is placed at the place of residence, at which the registered citizen acquires the right only for a certain period of residence.
As soon as this period expires, the temporary tenant’s registration is automatically canceled.
Registration procedure
All stages of the registration procedure are regulated in detail by the legislation of the Russian Federation. To do this, you need to follow the following algorithm of actions:
- receive an administrative document on the allocation of municipal living space to a family standing in line;
- contact the housing department of the local administration and draw up a social rent agreement, including all members of the tenant’s family;
- prepare a package of documents on the basis of which the FMS authorities will register the tenant and his family in the apartment allocated by the municipality;
- all employers need to submit an application to the Federal Migration Service for registration;
- Identification registration marks are placed in residents’ passports confirming the fact of registration.
Almost any citizen can be registered with the permission of the municipality, but the chances of obtaining such consent for persons without family ties are almost impossible.
For newborns, registration is possible from the moment they receive a birth certificate from the civil registry office, and in some cases, a birth certificate. Since newborns do not have a passport, there is no registration mark for them.
Registration for municipal housing can be obtained not only through the Federal Migration Service, but also through the MFC or the official portal of public services.
To submit an application for registration in electronic form, you must first undergo verification on the government services portal (available at GosUslugi.ru ). The package of documents for each option of applying for registration will be identical.
List of documents
In order to legally receive a registration stamp in your passport, when applying to the Federal Migration Service or the Multifunctional Center, you must submit the following package of documentation:
- application for registration at the place of permanent residence;
- general passports and birth certificates for each registered resident;
- social rent agreement signed by the employer and a representative of the municipal authorities;
- permission for registration from the owner of municipal housing, if a person who is not related to the tenant is subject to registration;
- a receipt confirming payment of the state duty.
In this case, FMS officials will legally refuse registration, since this procedure requires the consent of all adult family members of the employer.
Registration rules
When performing registration actions, registration rules must be observed. If these rules are violated, registration may be declared illegal, and the citizen is subject to eviction.
Since only a family member of the main tenant can be registered in an apartment without the permission of the municipality, a change in family status will require an application to the registration authorities of the Federal Migration Service.
In this case, documents confirming the birth of a child, marriage, etc. are presented.
Registration for municipal housing is carried out simultaneously with moving into the apartment, i.e., a registered citizen has the right to permanently use housing, even if it is not specified in the social tenancy agreement.
For this reason, at present, having a residence permit is actually equivalent to confirming the right to municipal housing.
Loss of registration is possible as a result of a voluntary decision of citizens, or forcibly at the request of the owner of the housing stock.
Forced eviction of a registered person from a municipal apartment is permitted on the following grounds:
- violation of the rules for the use of living space;
- debt for utility services for more than six months in a row;
- damage to or damage to residential premises;
- violation of the rights of other tenants or residents of neighboring apartments.
Citizens are also subject to forced deportation when they are allocated other municipal housing (for example, when exchanging or moving to another locality).
To force deregistration to the Federal Migration Service, the owner of the housing stock must submit a judicial act indicating the grounds for eviction.
In this case, the personal participation of the tenant, as well as members of his family, in the deregistration procedure will not be required; cancellation of registration at the place of residence will take place unilaterally.
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