Answered by the notary of the Notary Chamber Anna Tavolzhanskaya (St. Petersburg):
The first, most correct from the point of view of the law, method is to submit documents for permanent registration (registration) at the new place of residence with an application for deregistration (extract) at the old place of residence.
This method is suitable for you if you are going to register in the city where you actually permanently reside. The application can be submitted to the MFC, directly to the registration authority at the new place of residence or through the State Services portal. It should be taken into account that in this case the period for extracting will be somewhat delayed, since the organizations involved in this process will send your documents to each other. The law does not prohibit submitting documents to the MFC for deregistration without registering at a new place of residence, but it is better to check the possibility of carrying out this operation in the city in which you live directly with the MFC. How to remove your daughter from registration in absentia in order to sell an apartment?
How to register permanently and how to check out of the apartment?
The second way is to issue a power of attorney (for example, to parents) to perform all necessary actions to remove you from registration. The power of attorney must be certified by a notary. It is also advisable to have the application for deregistration certified by a notary. In this case, your representative will submit this application on the basis of a power of attorney directly to the registration authority at the location of the apartment being sold.
This method has 2 drawbacks: firstly, it is not provided for by law, and, secondly, the registration authority will have to put a mark in your passport about deregistration and give your passport to your representative by proxy, which the law does not do allows. In practice, in some cases, specialists from registration authorities meet applicants halfway and issue an extract from citizens in this way. You can submit documents for an extract both before the execution of the apartment purchase and sale agreement, and after its execution. This depends on your agreement with the buyer.
How to check out of an apartment through the State Services portal: step-by-step instructions
To access your personal account you need to register.
Step 1. Finding the required service
We enter the list of services and go to the section “Passports, registrations, visas”.
A page opens with a list of services provided electronically. According to the same scheme, citizens apply for permanent or temporary registration. This time we select a line depending on our situation; if the registration is permanent, click on deregistration at the place of residence. Go to the blue button called “Get a service”.
To get an appointment with the migration service and check out of housing, you must fill out an application electronically. The first form of the service specifies who you are as an applicant. Check out yourself, or represent minors or relatives, choose the option.
Step 2. Enter your passport details
We check the information from the passport with the corresponding lines. Almost all fields are filled in automatically. This is the full name, date of birth, passport series and number, code of the department that issued the document - they were imported from the office. Add the missing ones. In the same section, the department requests place of birth.
Step 3. Provide information about the property and the reason for cancellation
First, from which we are going to check out, then we enter a new address or note that there is no new housing yet. Perhaps this same place just needs to be deregistered at the moment. We write as it is.
And then we clarify the subtleties. First, the reason for deregistration. The blanks of possible options are already written in the lines, you just need to select them. Thus, it is possible to discharge a deceased person through State Services. After some answers, an additional window will immediately open where the portal requests the official basis for the discharge. Enter the official title of the document. For example: court decision.
Step 4. Citizenship
The questionnaire contains two questions: what citizenship is available and whether the user was a citizen of another state before. Mark the appropriate answer.
Step 5: Additional Information
A list of possible reasons for relocation opens automatically when you click on a line. Here are environmental, national, and criminal problems. If none of them are suitable, select “Not selected”.
Read also: How to obtain an extract from the Unified State Register of Real Estate through State Services and Rosreestr: step-by-step instructions
The profile of activity and the position held before discharge is the topic of the next section. Professional areas are already specified in the service, scroll through the list and select. In the first column we indicate the direction of activity, in the second the employment status.
Step 6. Personal information
Information about your education, who you are arriving with at the new place, and your marital status. Does your family live at this address? We give the answer with a dot in a circle.
Step 7. Selecting a migration service unit
We choose where the paperwork will be completed. You need to enter the location in the line, and the computer will automatically display possible service departments. Then a map of the area where you are looking for the migration service opens. In the list, find the department for your city or region, click. Next, information on the selected division opens. Address, opening hours, weekends and lunches, and the service offers you to choose the time of your personal appointment online. After clicking on the blue button, you can choose a convenient time to make an appointment or, as in this case, find out when you can come to the department and complete the procedure on the spot on a first-come, first-served basis, but without filling out applications.
Step 8. Submitting an application
You must consent to the processing of personal information and note that you have been informed of the responsibility for providing false information. Click “Send”.
Typically, the period for consideration of an application by an employee of the Ministry of Internal Affairs is 3 days. Since the request was sent remotely, an invitation to the reception will be sent to the personal account of the Unified Portal. You must come to the appointed place with the originals of all documents used in the application. Your ID will be stamped on the same day.
Nino Gulbani, a lawyer at the Homeapp technology agency, answers:
In practice, there are two options for remote checkout (by proxy) from an object:
- discharge “to nowhere”;
- registration at a new place of residence.
First of all, you should find authorities authorized for such actions in another city (primary residence) (passport office, MFC). Next steps are as follows:
- the authorized representative goes to the selected institution with a passport, power of attorney;
- As a rule, on-site specialists provide “Form 6” (application for deregistration) for filling out;
- An agency employee checks the correctness of filling in the data and verifies the signatures of the applicant (representative, authorized person).
An application for deregistration is sent by the department within 3 working days to the address of the previous place of residence. The archive of materials is stored in the authorized body where the application was submitted until information is received about the deregistration of the citizen at the old place of residence.
The general period in this situation is 6-7 working days, in accordance with the Administrative Regulations (Order of the Ministry of Internal Affairs of Russia dated December 31, 2017 N 984). The service is free. Based on the results of the operation, a stamp indicating deregistration is placed in the applicant’s passport.
Now about the sale. You can also sell an apartment by proxy through an authorized person. The power of attorney must indicate the authority in the form of signing a purchase and sale agreement for the property, indicating the address of the apartment being sold, as well as the authority to submit documents. Documents can be submitted through the MFC, through the State Services portal (in this case, the electronic signature of the applicant is required), as well as through the registration authority (Rosreestr) through a personal reception (depending on the subject of the Russian Federation).
Dates and cost of online statement
Order of the Ministry of Internal Affairs of Russia No. 984 describes the conditions for the discharge of citizens. Art. 36 states that deregistration is carried out within 3 days. In practice, due to the workload of government agencies, the deadline may be delayed by 1–2 weeks.
If the applicant is in another city or country, the period is 2–3 months.
The cost of services on the State Services website is zero. The procedure is completely free.
Interesting article: Peculiarities of leaving an ex-wife from an apartment
Another feature of the portal is the ability to track the stage of consideration of the application. There are 3 statuses:
- Sent. It says that the application was successfully sent to the specified police department.
- Accepted. Indicates the start of consideration. If an error is made or not all documents are attached, the application status will return to its previous status.
- Done. This means that the application has been completed and you can go to the Ministry of Internal Affairs to submit the originals.
You can see the status in your personal account on the notifications page.
To do this, enter the number. A list of statements will open, next to which the status is indicated. The department may leave comments, for example, that the applicant did not appear at the appointed time.
Nikolai Yablokov, head of the department of JSC Property Fund of St. Petersburg, answers:
The easiest option is to register permanently at your current place of permanent residence. OVIR will have to send information about deregistration to the old address. You just need to take into account that in this case (lack of permanent registration) the benefit (compensation) for paying for utilities at the previous address may be lost.
Can the new owner remove the old one from the house?
Is it possible to check people out of a purchased room?
Causes
There may be several reasons for discharge, and, above all, the desire for the most prescribed. But the owner and the people registered in the apartment do not always agree peacefully on deregistration. You need serious reasons that do not contradict the laws in 2021 to complete the procedure:
- the property is not used for its intended purpose;
- debts have accumulated for housing and communal services;
- residents cease to be relatives (deregistration of the ex-wife or husband);
- the person is declared dead.
It is more difficult to remove a person from a privatized apartment if he does not want it. Valuable reasons will be stay in places of imprisonment or death. It is almost impossible to discharge minors “to nowhere”. This requires a number of approvals from the guardianship service.
Automatic check-out occurs when a person registers for a new place of residence; the registration and check-out procedure occurs simultaneously. While in another city, it will be easier for a citizen to register at a new address and be automatically deregistered than to go in person and go through the procedure.
Read also: Get a TIN for a child through State Services
The lawyer of the legal service “Unified Center for Protection” (edin.center) Andrey Yesilevsky answers:
A power of attorney is not enough here. You need a notarized consent to deregister yourself. If a person lives in another city, then notaries provide services for remote sending of documents certified by an enhanced qualified electronic digital signature; Notaries call this “certification of equivalence.” This is done step by step as follows.
- The owner is looking for which notary can send a document certified with an electronic digital signature by email to another notary in the destination city.
- The owner is looking for which notary in the destination city can accept such a document from a notary in another city and certify its equivalence.
- The owner takes the original document on ownership of the apartment and goes to a notary in his city (who can provide a shipping service).
- The owner asks to draw up an agreement to remove himself from the registration register and send it to the notary from another city whom he could find and who can accept e-mail. To do this, you need to know the city, last name, first name and patronymic of the receiving notary - notaries have directories of email addresses.
- Parents come to the receiving notary, pick up the document sealed by the receiving notary, and take it to the passport office.
Both the sender and the recipient will have to pay a state fee to the notary, and deregistration will be free. The passport office will issue application forms and collect consent.
How to register the transfer of ownership of real estate?
If I check out of the apartment, will I pay taxes and utilities?
Real estate expert at Voronin and Co. Daria Shestakova (St. Petersburg) answers:
In this situation, the seller’s parents need to contact the move-in department and clarify what documents, applications and authorities will be required in order to register their son by proxy. Requirements may differ from housing departments in different regions. But this is a solvable situation. Thus, the parents will discharge their son and sell the apartment by proxy. And it has now become easier to transfer a power of attorney to another region thanks to electronic document management. For example, a son makes a power of attorney in Moscow, and a notary in St. Petersburg can print out this power of attorney, put all the necessary stamps and give it to his parents.