Mortgage apartment can be taken without the consent of the bank.
Federal Law “On Mortgage» № 102-FZ of 16.07.1998 was stipulated that the pledgor retains the right to use the property pledged under the mortgage agreement. The mortgagor shall have the right to use such property in accordance with its purpose. Terms of the contract on the mortgage, the mortgagor restricting this right shall be void. For example, the void is a condition in the contract of mortgage on the ban to take the mortgage apartment lease, transfer for free use without the consent of the bank.
Inclusion in the mortgage agreement to such conditions shall entail the imposition of an administrative fine of from ten thousand to twenty thousand rubles.
This position was confirmed in the Russian Armed Forces Decree of 14.10.2016 N 309-AD16-8799.