When is temporary registration required?
Registration in an apartment can be:
- at the place of stay - temporary;
- at the place of residence - permanent.
Article 5 of Law No. 5242-1 of June 25, 1993 obliges a citizen to obtain temporary registration at a location where he does not have a permanent residence, if he resides there for more than 90 days.
If you have a residence permit in the Moscow or Leningrad region, you do not need to obtain temporary registration in Moscow, or, accordingly, in St. Petersburg, and vice versa. That is, registration in one of the localities within a subject of the Russian Federation exempts from registration in another locality of the same subject of the Russian Federation.
Features of temporary registration:
- permanent does not cease with the acquisition of temporary;
- temporary residents use the apartment under the same conditions as permanent residents;
- property maintenance costs apply to all residents, including temporary residents.
What is this?
Temporary registration, which is often called temporary registration according to Soviet habit, is registration at the place of stay . This is a way for the state to track the movements of citizens. Obligation to notify appropriate authorities about their current place of residence is prescribed by law. The basis for this may be living in a new place for more than 90 days.
Important : registration of a temporary one does not deprive a citizen of his permanent registration, but only informs the state about his current location.
Registration in a municipal apartment
Tenants of municipal housing using it under a social tenancy agreement receive permanent registration.
They can officially register residence in the apartment of other residents who are not tenants under the contract, both on a temporary and permanent basis.
Temporary registration can be provided with the consent of the copyright holder - a local government body, for a long period. Such consent is a sublease agreement - when the tenants transferred the right to use the apartment for a certain period to other persons, and themselves, for example, changed their address of residence for the same period (Article 77 of the Housing Code of the Russian Federation).
Temporary registration can be issued without the consent of the landlord (administration), for a short period of time, not exceeding six months in a row. However, the owner still needs to be notified - notified by letter with acknowledgment of delivery, for example. The landlord has the right to terminate the residence of temporary residents in the apartment if the total area per resident is less than the accounting norm (Article 80 of the Housing Code of the Russian Federation).
To register temporarily, you need to:
- Obtain consent from all registered residents. If children live in the apartment, then a parent or guardian gives consent on their behalf.
Consent must be written and submitted to the registration authority in person. Without personal participation, only notarial consents are accepted.
- Conclude a sublease agreement with the administration, or notify it of the temporary registration of the tenant for a period not exceeding six months.
So, the period of temporary residence in a municipal apartment can be:
- up to 6 months in a row - Art. 80 Housing Code of the Russian Federation;
- under a sublease agreement, the duration of residence is determined by agreement of the parties, but cannot exceed the term of the social lease agreement.
We make a decision
People who have permanent registration in the city of residence can afford it and limit themselves to it. Visitors are forced to contact the landlord with a request to obtain temporary registration. Let's weigh the pros and cons.
Behind
- Decoration gives a competitive advantage in the rental market: such an apartment will be rented faster and more willingly, perhaps even a little more expensive.
- This service will increase the loyalty of residents towards the apartment owner: having registered at their place of residence, they are likely to settle for a long time.
- Properly executed documents affect the social well-being of residents: more employment opportunities, guaranteed medical care in the district clinic, places in a school near their home. All this reduces the likelihood of leaving due to job loss, illness or domestic problems.
- If the tenants caused damage to the landlord's property, caused a flood or fire, the presence of official registration will become proof of their residence in the apartment and will help to recover damages through the court. One apartment rental agreement is often not enough for this.
Against
- If one of the residents commits a crime, law enforcement agencies will look for him at his place of registration, which will create inconvenience for the apartment owner.
- If the tenant has debts, then bailiffs will come to the apartment and inventory the property, including that belonging to the owner of the property.
- The appearance of new tenants in an apartment may attract the attention of the tax service, which will create problems for the owner if he does not submit returns and does not pay taxes. Read more about responsibility here.
- Utility bills will increase - slightly if the apartment has meters. If there are no meters and payments are calculated based on the number of residents, then the increase in rent will be significant.
Where to apply
Methods for submitting documents:
- online, through the State Services portal;
- through the MFC;
- at the management company of an apartment building, if it provides passport office services.
When using the second and third methods, persons providing accommodation must only be present when submitting documents, but not when receiving them. The situation is the opposite when applying online - you must collect the result in the presence of interested parties, and with all documents.
Temporary registration of minor children
Children under 14 years of age are legally registered at the same address as their parents or guardians, and the consent of other persons is not required for this.
Documents for registering a child under 14 years of age:
- birth certificate;
- statement;
- document-basis (confirming the right of the parent or guardian to use the apartment).
A temporary registration mark is issued in the form of a temporary registration certificate; no entries are made on the child’s birth certificate.
Minor children over 14 years of age apply for registration on a general basis.
✅ Benefit from temporary registration for the tenant
The tenant will only benefit from such registration. Firstly, as mentioned above, if the address of actual residence does not coincide with the address of permanent registration, then the citizen is obliged to register after 90 days. That is why this issue is especially troubling for non-resident tenants - after all, they will not have problems until the first clash with the police, when they ask to present documents, or before contacting any government agency.
And secondly, temporary registration provides a wide range of legal rights: to get a job, enroll children in kindergarten and school, use free medical care, receive pensions and benefits at the place of stay, etc.
Also, with temporary registration, a person can easily apply for a loan from a bank, indicating the address of actual residence in the documents . That is, he will be able to enjoy at the new address all the benefits that were possible with permanent registration. The tenant does not acquire any significant disadvantages.
The situation is different with the owner of the apartment.
Would you give your tenants a temporary registration?
Yes, I almost always do this No, their registration is not my problem I don’t rent an apartment, so I didn’t think about it
Risks when providing temporary registration
Temporary registration in municipal property does not give residents the basis to participate in the privatization of the apartment. Therefore, a temporary tenant will never be able to claim a share in the common property right.
However, some risks of official settlement still exist.
Employers under a social tenancy agreement are responsible to the administration for the accommodation of temporary citizens.
Therefore, the employer will have to answer for potential damage to municipal property.
There is also a possibility that the temporary tenant will refuse to participate in paying utility costs or other expenses for maintaining the property. But other registered users of the apartment cannot urgently discharge a tenant with a non-permanent residence permit.
Liability for violation of registration
According to Article 19.15.2 of the Code of Administrative Offenses of the Russian Federation, for violation of registration rules, an administrative fine is imposed in the amount of:
- for tenants and owners - from 2 to 5 thousand rubles;
- for tenants and owners in Moscow and St. Petersburg - from 5 to 7 thousand rubles.
Persons who provide documented information that they are relatives (children, brothers, parents, spouses) of the tenants of the residential premises in which they are temporarily staying are exempt from the fine.
⚡ Features of temporary registration
Temporary registration is registration at the actual place of residence of a person at the moment. A person can register in rented housing, but temporary registration does not cancel permanent registration.
By law, temporary registration must be obtained by all persons who have not resided at their primary address for more than 90 days. In the absence of such registration, problems may arise in the new place, ranging from employment to obtaining medical care.
When renting housing, many actually ask to be temporarily registered in the living space, because if it turns out that they have lived for more than 90 days and have not registered properly, they will face an administrative fine (by the way, just like the owner of the apartment). All this is regulated by Art. 19.15.2 Code of Administrative Offenses of the Russian Federation.
Temporary registration does not provide rights to own or dispose of real estate. The tenant receives only the right to reside and use the living space.
Let's sum it up
The document confirming the presence of temporary registration is a registration certificate. It indicates the end date of residence, upon the occurrence of which the tenant is obliged to leave the occupied living space.
Temporary registration in a non-privatized apartment is provided with the consent of registered residents. The administration must be notified of the presence of a tenant. The maximum registration period is 6 months.
When concluding a sublease agreement with the administration, the period of temporary registration is determined by agreement between tenants and subtenants.
Instructions on how to do it right
Help : registration is possible remotely, for example, through the government services website or by post.
1. Prepare the necessary documents:
- landlord's passport;
- documents on ownership of the apartment;
- rental agreement or apartment rental agreement;
- application for registration at the place of residence;
- written consent to move in from all apartment owners, notarized or certified by the employee accepting the documents;
- tenant's passport.
2. Contact the MFC or management company if it performs the functions of a passport office.
3. Receive a receipt for documents acceptance.
4. After three working days, receive a certificate of registration at the place of residence.
