Registration algorithm
Russian legislation requires citizens to notify the state of their location. Popularly this is called registration, in government acts - registration at the place of residence (stay).
The algorithm by which you can register a person if there are two owners or one in the apartment is standard. To do this you need:
- collect a package of papers: passport,
- reasons for residence,
- permission from the owners (if registration is not in your own home),
- house book (optional);
The procedure may be supplemented depending on the situation.
Read more about how to register in an apartment.
Registration without the owner’s permission: is it possible in principle?
A person who is faced with the problem of registering for the first time in a property that is not his own, wonders whether it is possible to register in an apartment without the consent of the owner at all, or whether this point is mandatory under any conditions.
The answer is to be found in legislation. Thus, regulations say that the permission of the owners of living space to register third parties is mandatory. It is expressed at the time of submitting an application for registration in writing.
If it is not possible to be present in person, a notarized written position of the owner is submitted. A sample of its design can be seen below.
Permanent or temporary registration without the consent of the apartment owner is possible only if a minor child is registered with his parents (or one of the parents). In this case, you do not need to ask anyone for permission. It also does not matter whether mom (dad) has ownership rights to this premises.
You can register yourself in your own apartment (or part of it) without asking.
That, in fact, is everyone who can register in an apartment without the owner’s consent.
Registration without the consent of the owner
In this regard, the Migration Service of the Russian Federation issued an internal order , according to which the rules for temporary registration are becoming more complicated. Now this requires the presence of the owner of the property in which the applicant wishes to register. It is also possible to register without the presence of the owner, but in this case his notarial consent to registration is required. You can obtain a consent form for registration on the Internet or at the branches of the Federal Migration Service of Russia. This restriction has already come into force and has relieved tension among Russians. Now registration without the consent of the co-owner is impossible.
Permission from all owners to register unauthorized persons
You must obtain permission from the owners to register in housing regardless of the type of registration: temporary or permanent.
Let us remind you that registration at your place of residence requires a stamp in your passport.
If there is no passport (a child under 14 years old, for example), a certificate is issued in Form No. 8. Permanent registration is unlimited.
You can confirm the fact of registration at your place of residence using a certificate in Form No. 3.
In this case, time limits are always implied. Despite this, the consent of all owners is required if the registration is temporary.
The status of the owner of the living space is also important - it is an individual, government agency or municipality.
So, if the house is privately owned (privatized, purchased, donated, inherited, etc.), then the standard rule applies: permission from the owners is always required. The only exception is the case of registration of minors: here the consent of the second owner for registration, just like everyone else, is not necessary.
If the housing is municipal property, then the owner is the state or municipality. Residents live here on the basis of a social tenancy agreement. Permission must be asked from the main tenant of the property (with whom the contract is concluded). Also, everyone registered in this living space should not be against the registration of a third party.
In this case, the question of whether consent is needed for the registration of other owners is irrelevant, since they simply do not exist. The apartment is not their property, but temporarily used housing on the basis of an agreement concluded with one owner.
If only one disagrees
Controversial issues arise when there are several owners and it is necessary to coordinate the issue with each of them. In order not to come in crowds to the migration authorities, one document is drawn up signed by everyone.
A frequent case is when two owners agree, but the third does not. In this case, the question arises whether it is possible to register in the apartment without the consent of one of the owners. The answer is predominantly negative for private households. If, for example, a mother, father and son are homeowners, and the son wants to register his wife, then this can only be done with the written permission of both parents. If, for example, the father is against it, this cannot be done.
To get out of the situation you can:
- donate part of your share in the property to the person you want to register, for example, your spouse;
- prove in court why it is necessary to register a specific person in housing even without the consent of all its owners,
- divide large apartments into shares through the court.
The situation is different with social housing. According to recent changes in legislation, the question of whether one of the owners can register someone without the consent of the other owner is resolved positively if this “someone” is his close relative. The concept applies to:
- children (meaning adults, consent under 18 is not required),
- spouses,
- parents.
In the case of grandparents, brothers and sisters, uncles and aunts, the degree of relationship is considered distant, and their registration follows a standard procedure, that is, permission from all owners must be obtained.
Is it possible to register a wife as a share in an apartment without the consent of other owners?
Although the term “propiska” is not used in regulatory documents of Russian legislation, many people habitually use it to mean “registration”. And although there is a fundamental difference between these concepts, in modern realities they are analogues of each other.
- he actually resides on the premises;
- the apartment was privatized with his participation;
- housing was purchased using maternity capital funds, which provides for mandatory shared ownership of real estate purchased with public funds.
You can register your wife as a share without the consent of other owners
REVIEW OF LEGISLATION AND COURT PRACTICE OF THE SUPREME COURT OF THE RUSSIAN FEDERATION FOR THE FIRST QUARTER OF 2010 (as amended by the Resolution of the Presidium of the Supreme Court of the Russian Federation dated December 8, 2010): Question 4.
Is it necessary for a participant in common shared ownership of an apartment (including a one-room apartment) to obtain the consent of the other owner of this residential premises to move in members of his family or other citizens whom he moves in as members of his family? Answer.
The occupancy by the owner of a residential premises of his family members and other citizens is the exercise of the right to use and dispose of the residential premises belonging to him, in connection with which the consent of all co-owners of this residential premises is required.
You have no right. If you have a child together, the father has the right to register him in his apartment without the consent of the other registered ones. In this case, the mother of the child has the right to be registered with the child by court decision.
Can a husband register his wife without the consent of other registered
According to current legislation, registration in itself does not give rise to legal rights to housing and is not the basis for acquiring ownership rights; it is only a notification procedure. Therefore, the consent of the persons registered in the apartment for the owner to register his or her spouse is not required.
Accordingly, the decision to register new residents in an apartment in shared ownership, including the spouse of one of the co-owners, is made jointly by all owners. Without such consent, the husband will not be able to register his wife in his apartment.
Can the owner register a person in an apartment without consent?
It cannot, since the law indicates the mandatory consent of all owners of residential premises for the occupancy of other persons (even close relatives). The exception is the registration of minor children. For one of the owners to register their child in an apartment, the consent of the others is not required.
1. Members of the family of the owner of residential premises include his spouse living together with this owner in the residential premises belonging to him, as well as the children and parents of this owner.
Other relatives, disabled dependents and, in exceptional cases, other citizens may be recognized as members of the owner’s family if they
introduced by the owner as members of his family.
Registration in an apartment with shared ownership
As a consequence of the above, one of the most realistic ways to register a person when other owners are against it: to allocate a share in kind. Simply put, physically divide a house or apartment, create a separate exit, and so on.
In practice, this is very difficult to implement. And if the situation with a house is simpler, since there you can literally literally divide it into several parts, then in the case of an apartment the only way is to turn it into a communal one.
This is difficult and inconvenient for subsequent living.
Registration (aka registration) is a notification from the state that this or that person will reside in this particular property on a permanent or temporary basis. In a normal case, the owner can register a person without any problems, however, registration in an apartment with shared ownership has its own nuances and not always (and not everyone) can be registered independently.
Registration in an apartment with shared ownership in 2020
Married spouses purchased an apartment, and contractually assigned themselves ½ of it, becoming participants not in joint, but in shared ownership. A few years later, the couple filed for divorce.
Since the apartment was a two-room apartment, it was not difficult to determine the order of use of the property: everyone lived in a separate room. After a while, the husband remarried.
On his own initiative, the husband decided to register a new wife, but the ex-wife objected, threatening to sue.
The main regulatory legal act reflecting the features of registration of citizens of the Russian Federation is Law No. 5242-1 of June 25, 1996.
“On the right of citizens of the Russian Federation to freedom of movement, choice of place of stay and residence within the Russian Federation” (hereinafter referred to as the Law). According to Art.
3 of the Law, Russian citizens are required to register at their place of temporary residence or place of residence. Control over the implementation of registration is entrusted to the internal affairs bodies.
The procedure for registration in housing that is in shared ownership
In the same way, a private house can be in shared ownership, but this category includes only those buildings that provide the possibility of year-round living and are officially designated as residential premises. Country cottages cannot be classified as private houses suitable for habitation.
Shared ownership provides for the presence of several owners of a certain property at the same time, and there is no difference in what share each owner has.
In order for one of the owners to register another person in the specified apartment, he will need to first obtain written consent from the other owners, regardless of what share they have in the specified premises.
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Is it possible to register a person without the consent of other owners?
It’s not common, but there are difficulties associated with registering a residence permit for a foreign citizen in a residential area.
If in relation to relatives the owners usually do not fear legal consequences, then a stranger can become a real problem in the future.
It is for this reason that citizens are interested in what rights a registered person receives to an apartment and what consequences this action may have for the owner and other owners.
All other citizens or relatives (regardless of the degree of relationship) cannot be registered in the premises without the written consent of all owners. Of course, you can try to register through the court if there are compelling circumstances for this, but such an undertaking is quite doubtful, and most likely the citizen will be refused.
How to register a wife with her husband in a privatized apartment and can this be done without the consent of other owners
- The Constitution of the Russian Federation.
- Laws on the rights of citizens to free movement and choice of place of residence.
- Resolutions of the Government of the Russian Federation regulating the work of the migration service authorities.
The state fee for registration by citizens of the Russian Federation has not been paid since 2004 on the basis of Federal Law No. 127. For foreign citizens and stateless persons, this amount will be 350 rubles (Federal Law No. 221).
The payment receipt must be attached to the general package of documents and submitted for review.
Possibility of registration in shared ownership
- If everyone owns an isolated room with a separate entrance, analogous to an apartment, then you don’t have to ask the consent of your neighbors.
- If the house is divided only into shares, without specifying specific premises, then obtaining consent is necessary.
Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual.
If you want to find out how to solve your particular problem , contact a consultant:
How to register a person in an apartment without the consent of other owners
- application form for temporary registration (a sample application is provided by the FMS);
- residential rental agreements;
- passports;
- certificates of parents for temporary registration at the specified address;
- marriage (divorce) documents;
- child's birth document;
- certificate that the child was not registered with the father (mother) (although the FMS can receive it through electronic registers).
To make a temporary registration for a child, consent for registration from the owner is not required. One of the parents contacts the FMS to register a minor. The registration service specialist is given originals and copies of the following documents:
Does a husband have the right to register his wife without the consent of other owners?
To begin with, it must be said that the law prohibits registering citizens on the territory of a residential premises without the consent of all adult owners of the residential premises.
An exception is the situation when one of the co-owners of the apartment is a young child who is under the guardianship of parents or other legal representatives.
If a child is registered, written consent is not required.
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According to para. 2 clause 96 of the Administrative Regulations for the provision by the Federal Migration Service of state services for registration of citizens of the Russian Federation at the place of stay and place of residence within the Russian Federation, approved by Order of the Federal Migration Service of Russia dated 11.09.
2012 No. 288, you will still need the consent of the second owner (participant of shared ownership) of this apartment to move into it (register at the place of residence). Since, in accordance with paragraph.
124 of the above Administrative Regulations, the owner who did not consent to registration may submit an application for cancellation of registration to the moving-in citizen.
Do I need the consent of the second owner for registration?
If a person himself wants to register in an apartment or house where he is the owner of a share in this apartment/house, then he will be registered without the consent of the other owners. It is necessary to present a passport and a certificate of ownership, from which this will be visible.
It follows from the question that the person is the owner of part of the apartment and wants to be registered in it. In this case, he has equal rights with the other owners of the apartment; the consent of other owners for his registration is not required.
Consent is required for registration of persons who are not home owners, but are registered in the living space of one of the owners, because in such cases the rights of other owners may be violated.
But the law provides for conditions when consent is not required.
How to register or deregister a person from a privatized apartment
Issues of registration and deregistration from residential premises occupy a special place in the legal regulation of housing legal relations. The reason for this is their heterogeneity, since in this area various aspects of administrative, contractual, family relations and relations regarding inheritance are intertwined.
If the apartment is privatized and was purchased before marriage, then legal registration of the husband’s move-in is possible only with the consent of the wife and other co-owners of the home, if any. There is no point in appealing her or his negative decision through the court - it is a waste of time and money.
Registration in housing with shared ownership
A common situation is when a house is divided into parts. Here the problem arises: is the consent of all owners necessary to register a person as their share in the apartment.
The answer to this question depends on the layout of the home. So, if in a house each person has his own documented room (for example, a specific room) and there is a separate entrance, then you can register people with you without additional permissions.
If the house is divided into shares abstractly, without delineating the boundaries of each, and there is no separate entrance, then registration occurs according to the standard algorithm. In this case, the question of whether the owner can register for his share without the consent of other owners is resolved negatively, since the entire “collective” is considered the owner of the property, and not its individual members.
Read more about how registration in an apartment with shared ownership occurs.
The exception, again, is the registration of minors, which occurs without any permission. Children in any housing where their legal representative (parent, guardian or trustee) is registered have the right to be registered unconditionally.
But the solution to the question of whether a wife can register with her husband without the consent of the owner of other shares is decided according to the rules described above.
Registration Features
If housing is privatized, then it certainly has an owner. Often an apartment belongs to several owners. Registration means that housing becomes a place for permanent or temporary residence of a person who is not the owner of the property.
With the help of registration, each person can count on different government services, represented by obtaining different documents, obtaining benefits, or enrolling children in kindergarten.
Even if a person has permanent registration in an apartment that belongs to another citizen, he will not be able to claim this property. But at the same time, it can create various troubles for the owner, since it is quite difficult to force it out even through the court.
The owner of any apartment must control the process of registration of strangers in his living space.
Donating an apartment: hidden dangers, risks, as well as benefits for the parties are described in detail in the article at the link.
The procedure can only be performed with his written consent. But in some cases, people can register even without this consent.
How to expel a person from an apartment without consent - see the details in the video:
When is registration allowed without the consent of the owner?
The procedure can be performed without the owner's consent only in certain situations. This includes registering a minor child as another tenant of the apartment.
Additionally, any person who owns even a small part of the housing can register there without the consent of the other co-owners.
Features of children's registration
Children who have not yet turned 18 years of age must live in the apartment where their parents or official guardians are registered. Even if the mother lives in the property temporarily and cannot lay claim to this property, she can register her child in this territory without the consent of the owner.
The registration process is considered simple, since all you need to do is come with your passport to the passport office, where the corresponding application is drawn up.
Due to such conditions, apartment owners may encounter certain difficulties. Children registered in their apartment may actually live in the property, and it is almost impossible to discharge them through the court.
Therefore, the owner will have to wait until they turn 18 years old, after which they can expel strangers from their apartment through the court.
The following situation is quite common:
- the woman is the owner of the apartment;
- she registers her son in housing;
- the son brings his wife to the apartment, after which they have a child together;
- the baby is registered by the mother in this apartment without the consent of the owner;
- after a divorce, the owner will not be able to expel the daughter-in-law from the home until her child turns 18 years old.
Under such conditions, people live in the same apartment, although there is a bad relationship between them, and only one owner is recorded in the Unified State Register of Real Estate, who cannot vacate the living space even with the help of court proceedings.
Here you will find out when it is possible to pay a fine if you allowed tenants into the apartment and whether it can be avoided.
Is it possible to register a co-owner without consent?
Registration of a co-owner
Any real estate may have several owners who have a certain share in this property. Each co-owner has the right to register in the property at any time. This does not require obtaining consent from other property owners.
When a cohabitant can apply for an apartment - read the article at the link.
Owners rarely agree to transfer part of the property to outsiders, but each co-owner can donate his share to another person.
When drawing up a deed of gift, it is not necessary to request written consent from the other co-owners. After registering the right in Rosreestr, the recipient can register in the real estate.
When the owner of a share in an apartment may be prohibited from living in it - here you can find out all the details on the topic.
Rights of those assigned to housing
Many homeowners are afraid to register other people (even relatives) with them, fearing any property claims or other problems from registered citizens. To calm down, you need to read the law.
The rights of the owners are protected. The question of whether a registered person can register another without the consent of the owner has a positive answer only in the case of minor children. That is, simply registered people do not have any opportunity to commit illegal actions with property without the knowledge of the owners. They cannot give, sell, inherit or prevent third parties from moving into the house.
Registered citizens have only the right of use (not ownership) of housing, which implies:
- accommodation,
- possibility of registering children,
- receiving government services.
We recommend that you learn more about what the rights of those registered in the apartment are.
