Buying an apartment with registered occupants in Russia requires more than an EGRN title check. Registration and a residential use right are different: a protected right may survive ownership transfer.
Who may retain residential use?
Transfer normally ends the former owner’s family use rights, but statutory and contractual exceptions apply. Do not rely only on a promise that everyone will deregister after closing.
Main risk groups
- Former owner or family: use normally ends, but a contested eviction may require court.
- Person who waived privatisation: an indefinite use right may survive the sale.
- Will beneficiary: use may continue under a testamentary refusal.
- Minor, tenant or annuity beneficiary: the result depends on ownership, law and contract.
Registration is not the right itself
Registration records a place of residence. It does not replace ownership, a contract or a statutory guarantee. Review the history and legal basis, not only the current list.
Privatisation risk. The Supreme Court explains that a family member who had equal occupation rights and consented to privatisation without ownership expected indefinite use. The ordinary termination rule cannot simply be applied.
Due-diligence sequence
EGRN history, residents, occupation basis, privatisation, guardianship, inheritance, contract and payment safeguards.
Documents to request
- EGRN extract and seller’s title;
- current and archived occupancy records;
- privatisation agreement, consents and waivers;
- guardianship and minor-share documents;
- will, lease, annuity or use agreement;
- relevant judgments.
Contract safeguards
Article 558 of the Russian Civil Code makes the list of people retaining use an essential term. Record the seller’s statements, the vacation deadline and responsibility. Deregistration before title transfer gives more control. If postponed, use precise deadlines and safe payment-release terms.
Can the buyer deregister an occupant?
Voluntarily, yes. If the person objects, court proceedings may be required. The outcome depends on the legal basis and special protections.
Frequently asked questions
Is a no-occupants certificate enough?
No. It may omit privatisation history, absent people, testamentary refusals or contracts.
What if someone refuses to leave?
Identify the legal basis, send a demand and assess whether a court claim is needed.
Does a child always retain use?
No. Ownership, residence, guardianship and judgments all matter.
Official sources
Paid initial consultation
We can review the documents and transaction structure before signing. Book an initial consultation.