The long-running story of “apartamenty without registration” has shifted: the Constitutional Court of the Russian Federation (CC RF), in Ruling No. 4-П of 3 February 2026, found the ban on temporary registration (by place of stay) in non-hotel apartamenty to be unconstitutional. Here is what the court actually said and what it means in practice.

What the Problem Was

Apartamenty are legally classified as non-residential premises — despite the fact that people actually live in them, cook, sleep and raise children there. Because of this “non-residential” status, owners of apartamenty:

could not obtain any registration — neither permanent (by place of residence) nor temporary (by place of stay);
could not register children at their place of residence, which caused problems with enrolment in local schools and nurseries;
paid property tax at the rate for non-residential objects — up to 2% of cadastral value (compared to 0.1–0.3% for apartments);
had no right to the property tax deduction on purchase.

Yet apartamenty in desirable locations were priced 15–25% below comparable apartments — precisely because of these restrictions.

What the Constitutional Court Ruled

The CC RF found that the ban on temporary registration (registration by place of stay — propiska po mestu prebyvaniya) in apartamenty not classified as hotel accommodation is contrary to the Constitution of the Russian Federation.

Key findings of the court:

The Constitution guarantees the right to choose one’s place of stay. If apartamenty are in fact used for permanent residence and their characteristics (separate unit, kitchen, bathroom) are comparable to those of an apartment, the blanket ban on temporary registration violates that right.
The existing residential / non-residential distinction must not be applied mechanically: authorities are required to assess whether the premises are actually fit and used for habitation.
The legislature (the State Duma) is directed to enact the necessary amendments to the regulatory framework.

Important: the ruling covers temporary registration only (propiska by place of stay). Permanent registration (by place of residence — propiska po mestu zhitelstva) in apartamenty remains impossible, because apartamenty continue to be classified as non-residential property.

What This Means in Practice

There is no automatic immediate change — the CC RF ruling obligates the legislature to adopt amendments. Until a specific law is enacted, the situation remains transitional.

In practice, however, this means:

Courts hearing registration cases must now follow the CC RF’s position on temporary registration.
Migration authorities (MVD) are obliged to accept applications for temporary registration in non-hotel apartamenty and assess whether the premises are fit for habitation — they may no longer issue a blanket refusal based solely on the “non-residential” status.
Appeals against refusals of temporary registration now have a strong legal argument.

How This Will Affect the Price of Apartamenty

The historical discount of 15–25% reflected the legal restrictions: no registration → cannot enrol a child in the local kindergarten, no tax deduction, higher property tax.

If the legislation is amended:

Some of the discount will disappear — apartamenty will approach ordinary apartments in their legal characteristics.
A difference in utility tariffs will remain: apartamenty are billed at commercial rates, which are higher than residential rates.
Property tax is likely to remain higher as long as the object is not formally reclassified as residential.

What Current Owners of Apartamenty Should Do

If you were previously refused temporary registration — keep the refusal documents. The CC RF ruling provides grounds for a fresh application or for appealing the refusal in court.
If you are planning to buy apartamenty — find out whether the object was built as “apartamenty for residential use” or as part of an office or hotel complex. The CC RF ruling concerns precisely those objects where people live permanently.
Do not rush to reclassify — until legislative amendments are in place, the procedure for converting apartamenty to residential status through Rosreestr remains complex.
Get advice — each case is individual: the status of a specific object, the possibility of registration, and the tax consequences depend on the title documents.

Summary

The CC RF ruling is an important step towards regularising the legal status of apartamenty. It removes the blanket ban on temporary registration — but permanent registration remains unavailable. For those living in apartamenty without any registration, this is the moment to take legal advice and find out whether temporary registration is already possible under the current transitional position.

Read Also

Questions about registration in apartamenty or challenging refusals? Consult a lawyer — the CC RF ruling opens arguments that are worth deploying correctly.

Temporary Registration in Apartamenty: CC RF Ruling No. 4-П