An act establishing the number of citizens living in residential premises. How to confirm the fact of a citizen’s non-residence at the place of registration. How to establish the fact that children live with me if they are registered with my ex-husband

A document confirming the joint residence of neighbors confirms the fact that citizens live in the premises that were indicated during registration. In order to draw up an act of actual residence, the residential premises must be inspected for the presence of things belonging to the person being inspected. In this article we will look at what the document is and how it is compiled.

Only a commission consisting of authorized representatives of municipal structures, three neighbors and a district police officer can draw up such an act.

How to compose it? The form of drawing up the act is arbitrary, but there are several mandatory items which the document must contain:

• date of compilation and residential address of the person being inspected;
• passport details of the person being checked;
• evidence of his absence or presence in the specified place;
• information about the current location, if any;
• surnames, initials and passport details of everyone who took part in recording the fact of residence;
• signatures of participants.

Testimony confirming cohabitation and the composition of residents is a prerequisite. The neighbors must also draw up an act indicating:

• surnames, initials and passport details;
• information about the persons who conducted the inspection;
• signatures of inspection participants;
• date of drawing up the act.

The certificate filled out by neighbors must be signed by a representative of the housing department or a local commissioner. To compile it, it is most convenient to use a sample, which you can download .

Photo 1. Sample certificate of cohabitation.

Option for registration of the act

This certificate does not have an official form; it can be compiled arbitrarily. But the document will acquire legal force only when it contains the basic provisions required by law.

Actual place of residence

It is understood as a premises that is not specified during registration, but at the same time is the real place of residence of the citizen. A certificate of actual place of residence can become a powerful argument in disputes regarding the formation of payments for utility services and will help answer questions that arise from the FMS.

A certificate of actual residence is issued absolutely free!

Fines and sanctions for non-compliance with the rules

If a citizen is registered in the premises, but is absent there for more than 90 days, he is subject to a fine. However, in practice, it is not easy to fine for such a violation and this can only be done when submitting an application for the person in question to the migration service.

Changes in legislation

Until 2013, acts of actual residence were the basis (along with other documents) for neighbors or housing department officials to independently identify defaulters for whom additional utility bills were charged. However, after changes in legislation, upon identification of illegal residents of an apartment or house, it is possible to draw up a protocol on violation of administrative rights.

What legal force does the document have? Based on its further consideration, payments may be recalculated. No other documents provide grounds for recalculating receipts for utility services.

Document confirming the child's cohabitation with his parents

Such a certificate may be required when registering various kinds benefits: for example, for regional benefits or tax deductions. The document is similar in composition to a certificate of family composition, however, information about kinship will be indicated differently. There are several other similar documents, for example, an extract from the house register and personal account or acts of joint residence. All of them contain information about those living at a specific address and are issued at the passport office, housing department, household or partnership.

Important! The document is issued within 5 days.

You can apply for a certificate not only in person, but also by mail or through the State Services Internet portal.

Photo 2. Form and form of certificate of residence of parents with a child or husband and wife.

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Sample certificate

What documents will be needed to obtain a certificate?

To obtain a document confirming the fact that parents and children live together, you need to write an application. You can download the form from the Internet or create a document yourself, V free form . In addition to the application, you need to prepare:

• passport;
• if necessary, a court decision to recognize a family member;
• marriage certificate;
• if available, then an adoption certificate;
• passport of a child from 14 to 18 years old;
• children's birth certificates;
• house book.

Design features

What should you pay attention to when applying for a certificate of joint residence of family members?

1. The document must have a stamp from the organization that issued it, with a full indication of the legal address and name. The stamp is located in the upper left corner.
2. The certificate number and date of issue are also essential conditions for correct registration.
3. Title of the document.
4. The last name, first name and patronymic of the recipient of the certificate must be indicated in full.
5. The text of the certificate must contain a statement that the child (full name, age) lives together with the parent.
6. Full residential address.
7. Place of submission of the document.
8. Position, full name and signature of the employee who issued the certificate.

Conclusion

Acts of joint residence, certificates of actual place of residence and certificates of residence of parents with children can be useful in a variety of life situations. To apply for various benefits, a certificate of joint residence of parents and children is required. The document must contain information about the organization that issued it, as well as about the recipient of the certificate and his residential address. The date of compilation, stamp and signature of the authorized person are mandatory components of a legally valid certificate.

Actual residence at the address registered to a citizen is far from a common occurrence. There can be many reasons for absence from the official address, for example, other housing. In such cases, it may be necessary to issue documents confirming that the person does not live according to official registration - an act of actual residence.

Features of the conclusion of the act

When preparing papers about a citizen’s actual place of residence, it is important to have a specialized commission, which includes:

• district police officer;
• housing and communal services employees;
• neighbours.

There is no established form in the legislation for the execution of this document. In this regard, it is permissible to draw up an act in free form. This document comes into force provided there are no contradictions.

Important! To draw up the act, it is necessary to conduct an inspection with the participation of the owner, which will confirm the applicant’s words.

Details necessary for drawing up a document on actual place of residence

Most important function This document is an opportunity to prove that the citizen does not live at the place indicated in the registration. In this regard, it is necessary to indicate:

• date of drawing up the act;
• place of signing the document;
• refer to evidence of a person’s residence other than at an official address.

It is also necessary to indicate the current address of residence, and all those present must witness this act with personal signatures. Then it is transferred to the management company.

About liability and penalties

If a citizen is absent from his place of registration for a long time - more than 90 days - a fine of 5,000-7,000 rubles may be imposed.

The most difficult point is to collect evidence indicating the absence of a person at the specified place of residence. Especially in cases where the actual place of residence is located close to the official place. This makes it difficult to impose a fine in practice.

Legal effect of the document

The act indicating the actual place of residence is valid from the moment the document was signed by all members of the inspection commission. If there are no contradictions, the deed may be considered important evidence in legal proceedings.

Other options for establishing the fact of residence

Witness testimony has a significant impact. The number of sleeping places and cutlery is important. The presence of a local police officer during the inspection is also significant. Interested parties may also include housing inspection authorities.

The procedure for concluding an act

If the owner of the property refuses to sign documents confirming residence, then other persons living in the apartment can attest to them. Chapter apartment building can also sign this paper, provided that an official cooperative is not organized. If such a community is formed and operating, then the right to sign passes to its head.

For your information! One copy of the act of residence must actually be kept by the person who is officially registered at the address.

Additional rules

On trial Several witnesses should be brought in to provide evidence of the applicant’s actual residence. All documents must be officially certified by the Housing Office.

It is also welcome if the applicant’s words are confirmed in court by the district police officer and the property owner.

The first step is to issue a certificate of family composition. After which you can submit requests for the execution of an act, which confirms that the citizen registered in the apartment does not actually live under registration.

If you need to evict your neighbor tenants

There are times when we have to deal with illegal actions such as renting out living space. It happens when people renting housing violate generally accepted rules and disturb other residents, and the official owners of the apartment do not take any action.

Executed documents on actual residence help in cases where housing is leased with violations. It will be necessary to make documents indicating the fact that the owners do not actually live in their own apartment. With this official conclusion, it is much easier to file a complaint with the relevant authorities.

It is possible to use other evidence that the housing is being rented illegally. For example, you can contact the Housing Office, where they will provide official confirmation of the fact that the rental is illegal.

It is also possible to contact regional authorities. In this option, the police are responsible for checking the residence of persons at their place of registration.

According to the law, homeowners must promptly notify about new persons registering at the same address. Inspecting authorities can check the place of residence of any citizen.

Pay attention! However, even a signed act on the place of residence is not a sufficient argument for recalculating the payment for the resources used in the apartment.

A document indicating that a person does not reside at the place of official registration is drawn up in writing. Additionally, an act is signed on the results of the inspection of the living space and the collection of data from witnesses by representatives of authorized authorities.

The document contains information about the actual situation, and attaches evidence from the residents and owner of the property who participated in the execution of the act. Also attached is a package of papers and copies, which may also indicate information about the real place of residence of citizens.

The municipal services authorities should be provided with updated information on the composition of apartment residents. If the house is under the management of a management company, a certificate about the composition of residents is sent there.

Also, changes in the number of residents are of interest to the Federal Migration Service. To regulate relations, an act of actual residence of citizens is provided. Its form is not prescribed by law and is arbitrary. Compilation is regulated in general writing documentation.

Act of actual residence in the apartment: sample

The official mention of the document is only in the Decree of the Government of the Russian Federation dated May 6, 2011 No. 354 "About providing utilities owners and users of premises in apartment buildings and residential buildings." Therefore, in legislative practice it is also rarely mentioned. But the document is often used to certify the composition of residents in an apartment. It is recognized as legally correct, in the absence of clauses contrary to the law.

Until June 1, 2013, the document served as the basis for increasing utility bills. Now, such an act is not enough to draw up a protocol on an administrative violation. It is necessary to record the violation in accordance with Article 19 of the Administrative Code.

The document states:

• date and date of compilation;
• members of the commission with a definition of their role;
• residential address;
• assurances that the citizen lives at the specified address.

Act of actual residence in the apartment: certification

Actual residence in the apartment, the act of which is drawn up at the request of the plaintiff, must be certified by:

• all interested parties;
• district police officer;
• a representative of the housing service or management company;
• neighbors.

The inspection of the premises is carried out in the presence of the property owner. If he cannot attend, a representative is required. The act of actual residence signed by neighbors and other participants is sent to the management company.

Drawing up an act of actual residence in court

More in an efficient way To obtain the required result is to go to court. In this case, an application is submitted to establish the fact of residence. The initiator of convening the commission will be the interested body:

• Federal Migration Service when considering the status of a citizen;
• social protection authorities;
• administration of a locality or district.

The action is performed with the payment of a state fee. It is equal to 200 rubles.

Act of actual residence signed by neighbors in Moscow

The document has approximately the same purposes as the deed of non-residence. Only in our case can we establish illegal use of housing. For example, rent without a contract. For the legality of the justification, the signature of the owner is required. If he refuses to certify the document, it is replaced with a signature:

• neighbors;
• other owners;
• chairman of a cooperative, partnership.

The act of actual residence is created in at least two copies. One document must remain with the person who is registered or actually lives at the specified address.

Competent preparation of the document will help in resolving the issue with utility services. Based on the presence or absence of a person, payments can be regulated if there are no metering devices. But an incorrectly drawn up document will have no effect.

The lawyers of the Legal Resolution company specialize in resolving housing issues. We will draw up an act of actual residence, the legality of which cannot be challenged. We will advise you on the implementation of the apartment inspection procedure. Call!