What the Problem Was
The issue arises when several small apartments — for instance, in an older residential building — are merged into a single unit. The result is a new property with its own cadastral number. Formally it is new real estate, distinct from the individual units that existed before the merger.
In a number of cases, police registration offices (MFC/MVD) refused to register residents at the merged address, citing incomplete entry in the EGRN (Unified State Register of Real Estate) or the fact that the original apartments had legally ceased to exist. People found themselves physically living in the merged apartment but unable to obtain a formal address registration.
The Constitutional Court’s Position
The Constitutional Court found such refusals to be a violation of the constitutional right to a place of residence. Restricting registration solely on formal grounds — unfinished cadastral registration while the person is actually living there — disproportionately infringes citizens’ rights.
Key conclusions of the Court:
- The right to register at a place of residence cannot depend solely on the completion of administrative procedures when the person is factually residing at the premises.
- A gap between factual residence and the ability to register creates unacceptable legal uncertainty.
- Provisions that permit such refusals must be applied in light of this ruling.
Who Benefits
The ruling applies in situations where:
- several apartments have been merged into one with a new cadastral number assigned,
- an apartment has been divided with new premises created but cadastral registration is unfinished,
- any redevelopment or conversion has resulted in the original units ceasing to exist.
If you were refused residence registration on formal grounds linked to incomplete cadastral procedures, that refusal can be appealed by reference to the Constitutional Court’s position.
Practical Steps
- Obtain the refusal in writing, with the stated grounds.
- File a complaint with the superior MVD authority, citing the Constitutional Court’s ruling.
- If necessary, file an administrative claim in court — the deadline is 3 months from the refusal.
Read Also
- New Real Estate Transaction Safety Mechanisms in 2026
- Russian Supreme Court Review 2026: 5 Key Positions on Real Estate Transactions
Were you denied registration after merging or dividing your apartment? Contact us for a consultation — we will help you appeal the refusal and secure your registration.