Constitutional Court Allows Temporary Registration in Apartments

On February 3, Russia«s Constitutional Court recognized the right of apartment owners to temporary registration for themselves and close relatives. Local authorities are exempted from the obligation to provide these properties with social infrastructure.

Apartments, popular due to their relatively low price, are legally considered non-residential premises. Until now, registration could not be obtained for them, although living there was not prohibited.

The Constitutional Court ordered lawmakers to amend regulations and, pending such amendments, allowed temporary registration. This allows, for example, enrolling children in nearby schools and kindergartens.

The case was prompted by Andrei Chernyshov, who tried to register his wife Viktoria Piunova in an apartment at the ArtLine complex in Primorsky, St. Petersburg. The migration department refused, citing the non-residential status of the premises.

Piunova challenged the refusal, arguing that the apartment is an accommodation facility. The courts supported the police, stating that the registration application must come from the hotel administration, not the owner.

In their complaint to the Constitutional Court, the apartment owners noted that the ban on registration forces citizens to register not at their actual place of residence or deprives them of that opportunity.

In late January, the Russian Interior Ministry initiated a bill allowing registration in accommodation facilities, including apartments. To do so, the owner must certify the property as a hotel, include it in the Unified Register, and comply with standards, such as having a sign and a telephone in the room. The ArtLine complex in Primorsky is not listed in the register.

Evgenia Mironenko, general director of RBI PM, explained: “We, as a hotel operator, act as the host party. And in this capacity, we have the right and obligation to register guests — both for short-term and long-term stays.”

Alexander Ruzhinsky, executive director of the Interregional Association of Apartment Hotels, noted: “But in, say, rental apartment buildings, on the contrary, it is logical. However, they are currently not in the regulatory field — this is a gap.”

The press service of developer SeltGroup said that for apartments sold as housing, the Constitutional Court«s decision will increase attractiveness, but for serviced apartments it may create confusion about responsibility for registration.

The Constitutional Court stated that apartments are in fact used for residence, and the ban on registration restricts citizens« rights. The court ordered the government and parliament to amend the legislation.

Registration is allowed only at the place of stay (temporary), while permanent registration is excluded to maintain the distinction between residential and non-residential premises.

Lawyer Sergei Sergeev from the Yakovlev & Partners group said: “The Constitutional Court has eliminated one of the strangest disproportions. Until now, both owners and tenants were fined for lack of registration, while registration itself was refused due to the status of the premises.”

The Constitutional Court also noted socio-economic aspects: apartments are built according to simplified standards, allowing developers to save on infrastructure and sell them cheaper. However, owners pay higher taxes and utility bills without benefits.

For example, in St. Petersburg, the apartment tax is 0.5% of cadastral value, while for flats it is 0.1%. Also, owners do not receive benefits for heating payments.

Temporary registration does not oblige authorities to create social infrastructure, but children gain the right to education in local institutions. Adults do not acquire additional social privileges, and registration is not required for enrollment in a clinic under compulsory health insurance (OMS).

Earlier, in 2011, the Constitutional Court allowed permanent registration in buildings on garden plots if they are suitable for habitation. In 2021, a bill on regulating the status of apartments was introduced in the State Duma but was rejected.

By the end of 2025, about 47,000 apartment-hotel rooms are under various stages of construction in Russia, accounting for 13% of the hotel stock.

St. Petersburg remains the market leader with 62 complexes containing 9,100 rooms. Krasnodar Krai accounts for 27% of the market, and Moscow for 16%.