Sample and rules for filling out the owner’s consent for official registration

What the law says about temporary registration

Without registration, at least temporary, a citizen can live in a residential building for no more than 90 days. If the period is longer, there is a need to obtain a temporary registration at the place of stay. It is carried out strictly with the consent of the owner. But if the owner is against it, he can receive a fine for allowing a person to live without legislative registration.

But there are exceptions that not everyone knows about. In accordance with Federal Law 5241-1 Article 5, a citizen has the right to live without registration for more than 90 days, provided that he has registration in a locality in the same region.

If you have permanent registration in a locality, you can live without temporary registration anywhere in the same region. That is, the obligation for temporary registration arises only when changing the region.

Another situation is if you do not have permanent registration. In this case, the absence of a temporary one will leave an imprint on the existence and entail fines. Without registration, a citizen of the Russian Federation is limited in receiving certain public and private services.

Who can obtain consent from the owner for registration at the place of residence

The owner of a residential premises has the right to dispose of it at his own discretion (subject to some restrictions provided by the legislator). At the same time, the law does not establish restrictions regarding his powers to give consent to the registration of other persons there.

Note! The owner of an apartment may allow registration at the place of residence in it not only for members of his family, but also for other persons, including citizens of other states and stateless persons.

At the same time, registration of persons who are not citizens of the Russian Federation is carried out in accordance with the law “On Migration Registration. » dated July 18, 2006 No. 109-FZ.

Expert opinion

Kozlov Nikita Vladimirovich

Practitioner lawyer with 7 years of experience. Specialization: family law. Legal expert.

It is indicated that the grounds for registering such a person in a residential premises are determined by housing legislation (clause 1 of Art.

15 of the Law “On Migration Registration. ").

Among them, as we have already found out, is the consent of the owner of the premises to register such a person there, if a foreign person / stateless person plans to register at the place of residence in premises owned by another person on the territory of the Russian Federation.

Additional information on this issue can be obtained from other materials on our website, for example the article Fine for living without registration at the place of residence.

Important! The owner can give consent not only to the registration of other persons in his property, but also other types of consent, for example, to register an LLC at this address (for more information about this, see the article What is needed to register an LLC in an apartment?), etc.

Conditions and documents for temporary registration

Even if you plan to apply for temporary registration through State Services, you cannot do this completely remotely. The parties will have to visit the Main Department of Internal Affairs of the Ministry of Internal Affairs, that is, a personal visit is a prerequisite, since it is necessary to verify the owner’s consent to this operation.

The owner must agree to the registration; in fact, it is he who initiates the procedure. And if there are several owners in an apartment or house, all of them must agree to the citizen’s temporary registration. If even one refuses, action will be impossible.

What documents need to be provided:

• passports of the owners and the person registering;
• the consent of the owners to move in is issued at the place of application;
• property documents. For privatized housing - an extract from the Unified State Register, for municipal housing - a rental agreement.

If we are talking about registration in municipal housing, consent to temporary registration of a citizen is required from all registered adult citizens.

Is the owner's permission certified by a notary?

The decision to certify the permission for permanent registration from the owner at the notary's office is made individually. This means that the final decision will be up to the parties to the process. The legislator does not oblige residential property owners to notarize their decisions.

If we are talking about registration in an apartment where there are several owners, then it is still better to obtain notarized consent for registration. This will help avoid unpleasant situations caused by a change in the shareholder’s decision.

In addition, many experts recommend that all permits be notarized. Thanks to this, representatives of government agencies will not have any doubts about the authenticity of the document. And this will affect the time allotted for checking the documentation. This will also relieve the owner from the need to be personally present during the registration process. Instead, he can send a proxy to represent his interests.

How to make temporary registration through State Services

The application is submitted by the person who registers. That is, this person must have an account with State Services. If not, it must be pre-registered. If this does not work, then remote registration will be impossible.

Procedure:

1. Log in to the State Services website using your credentials. In the search bar for services on the main page, enter the phrase “Registration of a citizen at the place of residence.” We need a section “at the place of residence”, so we go into it.

2. Information will open indicating the procedure and a list of required documents. On the right side of the page there is a blue “Get a service” button, which you need to click to start applying for temporary registration through State Services.

3. Next, the electronic application form will open, which has already been partially filled out. Since the request is submitted from an authorized account, the applicant’s full name and passport information have already been entered.

The applicant manually enters the following information in this section:

• for whom he is applying. You can send it for yourself or for your child (including the ward);
• country and city of birth;
• Please note whether you are permanently registered. If yes, you need to indicate the address;
• place of residence where you are applying for temporary registration;
• registration period. Agree it with the owner in advance so that there are no unclear situations afterwards;
• details of the owner of the apartment or house where the applicant is temporarily registered, his passport details;
• degree of relationship between the applicant and the owner of the premises;
• contact details of the owner of the premises: phone number and email address;
• basis for temporary residence. Here the owner's statement is usually selected;
• if the apartment has other owners, this is noted in the application. When registering, their consent will be required; other.

4. Simply fill in all required fields. You need a lot of information about the citizen being registered. The fact is that the state and the Federal Migration Service are actively fighting the flow of migrants who, with temporary registration, receive the right to work and live in Russia. And often they make a fictitious registration, which is prohibited by law.

If it turns out that the registration is imaginary, that in fact the person does not temporarily reside in the premises, the owner, according to the Criminal Code of the Russian Federation 322.2, will be punished with a fine of up to 500,000 rubles.

5. The last point of the application is the choice of the department of the Ministry of Internal Affairs, where citizens will come to submit a package of documents and to receive a temporary registration form. You need to select the city of your stay, after which a map will open, with departments of the Ministry of Internal Affairs and information on their work schedule. The applicant chooses what is convenient.

6. Finally, the applicant agrees to the processing of personal data and with the information that he is notified that the provision of false data or forged documents entails liability.

The application has been submitted, what next?

Soon after submitting an application, an invitation will be sent to the citizen’s personal account at State Services to visit the selected branch. In addition, the information will be sent to the mobile phone specified in the application or by email.

You must have the originals of the submitted documents with you. If there are several owners, they must all come and give written consent to temporary registration.

If everything is in order with the documents, if all formalities are completed, the applicant receives a temporary registration form indicating all the data and period of registration. According to information on State Services, the operation is completed within 3 business days.

For how long can a temporary registration be made?

When filling out an application for temporary registration at State Services, the applicant manually enters the start and end dates. You can find information online that the registration period should be between 1 month and 5 years, but the law says something completely different.

There are no restrictions; the owner himself decides for how long to register the tenant. But in fact, rarely does anyone do long-term temporary registration, since this is still somewhat dangerous from a legal point of view. For example, he can register a newborn.

If you do not have an account with State Services, temporary registration can be carried out as standard by submitting an application in person. Appeals are accepted at the Ministry of Internal Affairs and the MFC at the place of residence. After submitting the application, the registration form is also issued within 3 working days.

Is it possible to register children without consent for registration?

One of the priorities of the legislation of the Russian Federation is the protection of the rights and interests of children, which is confirmed by the special conditions for registering a child under 18 years of age and a newborn. To register your own child, you do not need to obtain the consent of other owners.

Registration of newborns is carried out within 30 days after receipt of the birth certificate on the basis of an application for permanent registration of the child and a passport. During this period, the baby is freely registered in both privatized and municipal housing. The refusal of one of the parents or other persons living at the address cannot be a reason for a ban on registration.

This is important to know: Rules for registering minor children

If there are motivated reasons, the father can register a newborn at the mother's address. If the 30-day period is missed, then, following the norms of the law, in order for the child to register at home with the mother, the permission and presence of the father will be required.

Minors may be registered at the place of residence of one of the representatives with the written consent of the other parent. Permission from the owner is not required.

FAQ

Is it possible to make a temporary registration in the absence of the owner?

According to the law, this is only possible if the owner first gives notarial consent.

How to register a child if I have a temporary registration?

If you have a child under 18 years of age, you can register him temporarily in the same place where you are staying. The consent and presence of the owner and co-owners is not required.

How long does it take to obtain temporary registration at State Services?

After submitting your request online, your application will be accepted and processed within three days. Afterwards, the citizen receives a notification that he is ready to accept him. When you visit the selected Ministry of Internal Affairs, all documents will already be ready. After verifying the identity and giving the consent of the owners, a temporary registration form is immediately issued.

Is it possible to cancel temporary registration early?

Both the owner and the registered person can terminate registration before the specified period. The operation can be carried out on the State Services portal, through the MFC or the Ministry of Internal Affairs.

What happens if you don't have a temporary registration?

If a citizen stays in another region for more than 90 days without registration, this entails a fine in the amount of 2000-4000 rubles.

Sources:

1. ConsultantPlus: Law of the Russian Federation of June 25, 1993 N 5242-1 On the right of citizens of the Russian Federation to freedom of movement, choice of place of stay and residence within the Russian Federation.”
2. Public services: Registration at the place of stay.

about the author

Irina Rusanova - higher education at the International East European University in the direction of "Banking". Graduated with honors from the Russian Economic Institute named after G.V. Plekhanov with a major in Finance and Credit. Ten years of experience in leading Russian banks: Alfa-Bank, Renaissance Credit, Home Credit Bank, Delta Credit, ATB, Svyaznoy (closed). He is an analyst and expert of the Brobank service on banking and financial stability. [email protected]

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Laws regulating the registration of citizens

The very concept of registration, and the basic rules governing registration, are enshrined in Federal Law No. 5252-1 of June 25, 1993, and underwent some changes in 2015. The registration rules adopted by the Government of the Russian Federation in petition No. 713 in 1995 establish a package of documents that must be submitted to the passport office or other affiliated bodies of the Ministry of Internal Affairs.

One of the documents required for permanent or short-term registration at the place of residence is an application for registration, drawn up according to Form No. 6, according to the established template. Obtaining such permission is not required if the applicant himself is the direct owner of the property.

In the case when he owns part of the housing, he can register himself without obtaining consent for registration from other owners. But if such a person wishes to temporarily or permanently register his relatives and friends (except for a newborn and his own child under 18 years of age), he will need to fill out such an application for registration.

This is important to know: How and where to get a registration certificate

Comments: 18

Your comment (question) If you have questions about this article, you can tell us. Our team consists of only experienced experts and specialists with specialized education. We will try to help you in this topic:

Author of the article Irina Rusanova

Consultant, author Popovich Anna

Financial author Olga Pikhotskaya

1. Lana
   07/16/2021 at 00:10 Hello! I am gr. Russia, I permanently reside in Kazakhstan, I have never had temporary or permanent registration in Russia. Can I register on the State Services portal, without SNILS, to order a police clearance certificate?
   Reply ↓ Anna Popovich
   07/16/2021 at 20:48

   Dear Lana, yes, you can register and log into the portal using your mobile phone number or email address. The State Services operator can advise you regarding obtaining the document by calling 8(800)100-7010 or 115 (for mobile phones).

   Reply ↓

Sample consent for registration at place of residence

A unified model of such a document has not been approved, so it can be drawn up in free form. Regulation No. 984 establishes only the requirement that such consent must be expressed in writing and certified by a notary or a person receiving documents (clause

49.4 of Regulation No. 984). Consent submitted electronically must be signed with the electronic signature of the owner or contain electronic images of consent certified by the person responsible for accepting documents or a notary (clause

52.3 of regulation No. 984).

In general, the consent structure could be as follows:

• information about the relevant registration authority, i.e. the territorial agency of the Ministry of Internal Affairs of the Russian Federation, clause 2 of rules No. 713;
• information about the owner of the residential premises providing the consent in question: full name, passport details, date and place of birth, registration address;
• information about the residential premises: type (apartment, house, room), address;
• information about documents certifying ownership of such premises;
• information about the person who is given consent to register in this premises: full name, passport details, date and place of birth;
• expressed consent of the owner of the residential premises to register the specified person there;
• date of drawing up the consent;
• owner's signature.

Note! If the apartment is owned by several persons, consent must be obtained from each of them. Such consent is required when persons move into an apartment provided under a rental agreement (clause 94.4 of regulation No. 984).

So, consent from the owner of the living space to register another person at the residence address is included in the set of documents required to be submitted to the regulatory authority when carrying out this procedure. This document is not required only when registering in the same residential premises a newborn or other minors under 14 years of age living together with any of the legal representatives.

In order to register in someone else's living space, you need to have an idea that having only your desire to register, this will not be enough.

For registration to be legal, it is necessary to respect not only the rights, but also the wishes of other residents. Therefore, a citizen requires permission to register. Therefore, you need to study the document in detail: why and at what point it is needed.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.