Apartments and apartment in what is legal. The legal status of the apartments. Pros and cons of living in an apartment

The residential and commercial real estate market is incredibly vast. Offering housing objects, realtors often refer to an apartment as an apartment. This term is becoming a kind of symbol of success, luxury, independence and wealth. But are these concepts the same - apartment and apartment? Even the most superficial glance will determine that these are completely different things. Consider the difference between an apartment and an apartment.

Let us determine how significant these differences are, and why one should clearly distinguish between these concepts. What is an apartment? The following definition is considered to be generally accepted. An apartment is a type of detached real estate used both for permanent residence and for renting out. It has a separate entrance and is fully adapted for a normal life: there are all the necessary communications, heating, running water, sewerage. Apartments are not the same, they differ from each other by their different location in the city, area, type of structure of a residential building, its number of storeys and many other parameters. But, despite all the differences, apartments make up one specific segment - residential real estate, or housing stock.

There are enough offers for the sale of apartments on the domestic real estate market: these are apartments in new buildings, and secondary housing. Apartments for sale can be excellently refurbished, but are generally unfurnished. rent an apartment in Moscow city: what it is Apartments equipped with modern communications, excellent furniture and located in hotel complexes are called apartments. This is an elite type of luxury rental property used for temporary residence of wealthy guests. The main characteristics of such an object are modern stylish design and complete provision of household and technical communications. Accommodation in the apartments is only possible on a temporary basis.

In other words, an apartment is a non-permanent residence that is identical to a hotel room. And as in a classic hotel room, an indispensable attribute of staying in it is full service at a convenient time for guests, including the whole range of cleaning, changing linen, providing parking spaces, specialized security services, beauty salons and other infrastructure facilities. This type of real estate is very popular in resort areas and metropolitan areas. Often, wealthy citizens buy apartments in the immediate vicinity of work in order to save time. Comfortable complexes, the so-called apart-hotels, are being built in sufficient proximity to the sea or the business center of the city.

Legal status of apartments In Russian legislation, the concept of "apartments" is not fixed, at the same time, the term "living quarters" is given a rather lengthy definition. It is recognized as a separate room in the composition of real estate, suitable for permanent residence and corresponding to the established standards of sanitary, technical and other operational rules. The legislation provides for the following types of premises as residential premises: a house or part of it, an apartment or a share in it, a room. The term "apartment" does not refer to the "residential" segment. In other words, to the question about an apartment: what is it, you can answer that it is a dwelling in a non-residential building. Differences between apartments and apartments So, apartments are not related to the housing stock, so they can be created in buildings of any orientation, for example, office buildings. To place the status "apartment", belonging to the housing stock is required. In addition, there are differences in these concepts in other planes: according to the requirements of the resolution of the State Standard, the area of ​​apartments should not be less than 40 m2, and the number of rooms - 2 or more, the presence of a bathroom and a kitchen is considered mandatory; such requirements are not imposed on an apartment, in which there can be only one room of a much smaller area. Let's take a closer look at each difference between an apartment and an apartment.

In Russian legislation, there is no clear definition of what an apartment is. This property does not fall under the concept of residential, but, in fact, it is not commercial either. This kind of confusion is often misleading to buyers. AiF.ru asked experts what an apartment is, why such an acquisition is dangerous and what awaits this type of real estate in the future.

In the Central Administrative District without registration

Apartments are non-residential premises that can be used for living. But the word "non-residential" does not mean that one cannot live in them: most often, outwardly, they are no different from apartments. However, unlike the tenants of the apartments, the owner of the apartment cannot count on a residence permit and permanent registration. This means that he will not have the opportunity to obtain a TIN, use health insurance, or participate in government programs to improve housing conditions. In addition, it will be possible to enroll a child in school and it will be possible only on a first come, first served basis, after the places are distributed among those who have a permanent residence permit.

Apartments are not subject to the norms for housing construction: the developer is not obliged to provide such blocks with social infrastructure, and the building density of apartments can exceed 25 thousand square meters. m. per hectare. Another important difference between apartments and apartments is that they are not subject to federal law No. 214 “On participation in shared construction”, which means that equity holders cannot be recognized as victims if problems arise.

Initially, the word "apartment" meant expensive real estate for temporary residence of wealthy people. "More than half of the apartment complexes are located within the Central Administrative District, and these are mainly projects of the elite or business class," she said. Irina Mogilatova, General Director of Tweed Real Estate Agency... Their appearance was due to the fact that in the center of the capital there was no place left for housing construction. For buyers of elite real estate, most often neither registration nor social infrastructure mattered. Such housing was not bought for permanent residence, and the most important was its location in the Central Administrative District.

However, the situation has changed since last year. “Over the past year, objects of the low price segment began to actively enter the market. At the same time, the analysis of sales shows that there is a high demand for these products, ”says Alexander Engel, Head of the New Buildings Department, MITs Group.

Cheap housing, expensive housing and communal services

The popularity of the apartments is due to their cheapness. “In projects with similar characteristics, the cost per sq. m of apartments are usually below the price per sq. m of apartments by 20-25%. Today the average price per sq. m of apartments in Moscow is 213 thousand rubles, the minimum is 100 thousand rubles. per sq. m. ", - explained Elizaveta Gudz, Head of Analytics and Consulting Department, NDV-Real Estate... The low price is due to other requirements that apply to such objects. According to Sofia Lebedeva, General Director of MIEL-Novostroyki, norms for the construction of non-residential premises, in particular for sound and thermal insulation, insolation (illumination), as well as for the provision of social infrastructure, during the construction of apartments are less stringent than for ordinary residential complexes».

Another feature of the apartments is the higher cost of utility bills. “According to the legal status, the apartments are non-residential premises, hence the higher rates, as a rule, differing in the VAT rate. Payments for water will be 10% higher, for heat by 25%, electricity will be 27% more expensive (based on an average tariff of 2.5 rubles / kWh). In absolute monetary terms, the monthly rent for an apartment of 80-100 sq. m will be higher than that of an apartment of the same area, by about 2-2.5 thousand rubles. At the same time, the sellers of the apartments assure that the discount that the buyer receives when making a transaction covers the difference in payments for many years in advance, ”notes Olga Khasanova, development manager for urbanus.ru portal.

Single people and landlords

Apartments are in demand among different categories of buyers. “They are most often bought by young people, married couples with children, single men and older women (40-45 years old). They are attracted by their price, good location, surroundings and original architecture of such objects. Also, due to the low cost of the "entrance ticket" in the apartment segment, the share of investment buyers is high - it reaches 25-30%. They can return the money with a profit when the complex is completed, or receive a stable income from renting (the rates for renting apartments and apartments are no different), "AiF.ru told. Maria Litinetskaya, General Director of Metrium Group.

Social explosions

The position of the Moscow authorities on the apartment was announced chief architect of the capital Sergey Kuznetsov in February. He proposed to divide apartment projects into two types - housing and hotels, and provide all the necessary infrastructure. In the future, the city government intends to oblige developers to include it in the project during construction. The chief architect of the capital mentioned the social explosions associated with apartments that have already taken place in Moscow: “People who have bought apartments are massively demanding social infrastructure from the city. They say: “We live in a city, we pay taxes, so why are we worse than those people who live in normal houses? The state did not explain to us that there was no need to buy apartments and live here with children. "

The future of apartments

According to experts, the statements of the Moscow authorities can change the market for economy-class apartments in the capital. “Objects of social infrastructure do not bring any income to developers, and the cost of their construction is quite high. Of course, our developers are used to shifting all their costs onto the shoulders of buyers, so the cost of apartments can rise. As a result, the introduction of new standards, of course, will not “kill” the apartment format, but will greatly change its development, ”says Maria Litinetskaya.

“By the end of 2014, we can expect an increase in the total area of ​​apartments in supply in the region of 7-9% compared to the 4th quarter of 2013. We assume that the apartment market will develop along the path of accessibility, which means that the supply of comfort and economy classes will increase. This will also be facilitated by the current urban planning policy of the government related to the development of former industrial zones. The weighted average offer price for apartments in "old" Moscow at the end of 2014 will undergo reducing adjustments within 3-4% ", - predicts head of the consulting and analytics department of the Azbuka Zhilya company Daria Tretyakova.

Apartments as a class of housing in Russia are more than 10 years old. Apartments have become almost a common word in the real estate market. Nevertheless, the questions from the series: "How are apartments different from ordinary apartments?" still arise.

Non-residential housing

The main feature of apartments as a class of housing is that these premises belong to the non-residential fund. From a legal point of view, they are usually regarded as commercial real estate objects intended for temporary residence. This is associated with both their advantages and disadvantages over conventional apartments.

Apartment advantages

1. Favorable price. Previously, the apartments belonged to the elite housing, therefore, in comparison with the "ordinary" apartments, they were quite expensive. Now you can find apartments not only for business, but also for economy class.

The difference in price between an apartment and an apartment of the same class of the same area in the same area is 15-25%. An apartment will definitely cost more than an apartment ..

2. Free layout. From a legal point of view, apartments are not housing, therefore, their reconstruction is not subject to agreement on housing legislation. As a rule, apartments havefree layout , and the imagination of their owner during renovation is limited only by load-bearing walls and "wet zones"

3. Elite infrastructure. High-level apartments are intended for wealthy clients who are very demanding on the quality of infrastructure. Banquet halls, SPA centers, fitness clubs, prestigious shops and even bank branches are often located on their territory or on the first floors of the apartment complex.

4. Convenience of location. By virtue of their specificity, the apartments are not subject to urban restrictions on "point" development. They can be located in densely populated areas or on the upper floors of premium business centers. City apartments are often bought in order to save time on the road - housing can be located five minutes from the office. And suburban complexes have the opportunity to offer their residents exclusive services, for example, membership in a nearby yacht club.

5. Closed ecosystem. Unlike urban apartment buildings, the developers of which are obliged to give part of the apartments for municipal housing, the developer of the apartments does not have such an encumbrance. Therefore, residents of elite apartments can move in a circle of people close in social status, life values ​​and hobbies.

Even in economy class apartments, the social status of the owners is higher compared to an ordinary apartment building. Since the apartment is still a second home.

6. Attractiveness as an investment. Apartments, as well as apartments, can be profitably rented out for both long-term and short-term rent. Especially if the apartment has a good location.

Buying apartments with subsequent resale is now relevant only as a long-term investment. The increase in tenure from 3 to 5 years required for a sale without paying income tax made “fast” real estate transactions less profitable.

Disadvantages of apartments

1. Impossibility of registration. Since the apartments are not considered residential premises, it is impossible to issue registration or long-term registration at the place of residence in them. Thus, apartment owners will not be able to obtain a TIN or enter the labor exchange. The developer is not obliged to provide its clients with social infrastructure, therefore, residents of such buildings receive places in schools and are assigned to clinics "in the second place", after those who have a permanent residence permit in the area.

For the majority of apartment buyers, the problem of registration does not matter.For many owners of such housing, apartments are the second or third apartment.Owners of luxury real estate use paid medical insurance programs and take their children to private educational institutions. Well, for those who "run" from the army or alimony, the lack of registration may even be a plus.

2. Higher taxes. If the tax rate for an apartment is 0.1-0.3% of the cadastral value, then for apartments this payment is higher from 0.5 to 2%. However, it should be borne in mind that apartments are cheaper than apartments of the same size, so the tax base for apartments is lower, as is the final tax amount.

3. Higher utility bills. The tariffs for water supply, sewerage, heating and electricity for apartments are calculated as for non-residential premises, therefore, compared to ordinary apartments, apartments will be more expensive to maintain. The difference is only 10 - 25%, that is, 2 - 4 thousand rubles in absolute terms, which is unlikely to be of fundamental importance, which is unlikely to be of fundamental importance for buyers of real estate business and premium class.

4. Lack of housing benefits. Since an apartment is not considered a residential unit, its owner cannot claim a property deduction or tax exemption on the sale of real estate after three years of ownership. In addition, in the event of litigation, Article 79 of the Federal Law of the Russian Federation does not apply to the apartments, that is, a penalty may be imposed on them, even if they are the only place of residence of the debtor citizen and his family. Finally, apartment owners are not subject to regional housing subsidy laws.

From 2014 to 2016, the press periodically reports on plans at the legislative level to equate apartments with apartments. Or at least allow long-term registration (registration) in them. The developer lobby will certainly continue to put pressure on the authorities. And it is possible that such a decision will still be made. For example, as a less expensive (in comparison with state mortgage support) way to support the construction business in times of crisis.

Enjoy the shopping!

p.s. From January 20, 2017, Sberbank began to issue loans for the purchase of apartments under construction. The rate is 11.5-13% per annum.

Most ordinary citizens at the word "apartments" imagine. However, Russian legislation interprets this term in a completely different way and classifies this type of real estate as non-residential. Therefore, everyone who decides to buy a home should know what an apartment and an apartment are, what is the difference between these types of premises, the nuances of legal registration and residence.

Read in the article

Apartments - what does it mean

Appart comes from the French word for "private large room". In Europe, this is the designation for a room of one or more rooms for sale or rent. In principle, an apartment is an apartment with an area of ​​40 m2 or more with two or more superior rooms for living. They are characteristic of sanatoriums, boarding houses, hotels, motels, hotels, etc. Some may wonder what is an apartment in a residential building? In ordinary multi-apartment buildings, they do not exist, since in Russia apartments are not ranked among the housing stock, then living in them is possible only on a temporary basis.

Pros and cons of apartments

As a rule, many people, when deciding to buy real estate, are faced with a choice of what kind of housing to buy, etc. And such a thing as an apartment complicates this procedure. To make things easier, consider the following question, what are the advantages and disadvantages of buying this type of real estate? Let's also analyze: is the apartment a residential or non-residential premises?

What is the difference between an apartment and an apartment: the legal side of the issue

As already mentioned, the apartments are not a property intended for permanent residence, since they are classified as non-residential premises. Even when the owner will have all the documents for the ownership, he will not be able to obtain registration at the place of residence. And this is the main difference from ordinary housing that the buyer needs to know about. But what is the legal difference between apartments and apartments?

How does an apartment differ from a regular apartment in terms of registration?

At the moment, it is impossible to get a residence permit in the apartments, since they do not belong to the housing stock. However, the owner can issue a temporary registration for a period of five years (must be constantly renewed), which gives the same rights as a permanent one. This is valid for apartments in both office centers and hotel complexes. This provision applies to both business office centers and hotel-type complexes. Currently, at the legislative level, the question is being raised about the possibility of assigning the status of residential premises to apartments and allowing permanent registration in them.

What are apartments in new buildings: requirements for the developer

The construction of apartment buildings is allowed only on areas not intended for residential buildings. For example, if it is strictly forbidden to build residential buildings in the immediate vicinity of the highway, then this will be a special obstacle for the construction of an apartment complex. It is also allowed to build apart-buildings on public and commercial land plots, as well as in former industrial zones.

When constructing buildings with apartments, the developer is not obliged to guarantee the availability of a developed infrastructure. When selling such real estate, few companies are ready to act in accordance with Federal Law-214 "On Equity Participation", which, in principle, does not guarantee investors full protection. This means that purchasing an apartment in a new building is a more risky transaction than investing in the construction of a residential building.

Apartment or flat: which is better in terms of paying for "communal"

For most people, buying an apartment is more profitable than an apartment, only from the point of view. This is due to the fact that the cost of their delivery to the consumer in such premises includes value added tax. In most cases, the difference between rent in an apartment and an apartment is 35% in favor of the latter. Therefore, the benefits of buying real estate in apartment buildings must be considered in the long term.

Why are apartments dangerous for receiving subsidies and benefits?

Having decided to buy an apartment, you need to know one more important point. Owners of non-residential real estate cannot expect to receive it, unlike the owners of ordinary apartments. The level of income does not have any effect on this decision, since the category of apartment owners is not mentioned at all in the RF Housing Code.

Differences between the tax on apartments and flats

Affordable prices and convenient location of the apartments make them attractive for purchase. But that's just the tip of the iceberg. Despite the apparent similarity with ordinary housing, apartments are not a living space with all the ensuing consequences. Therefore, the real estate buyer should know what the tax difference is between an apartment and an apartment.

The amount of taxes on apartments is much higher than on ordinary apartments with a similar area and consists of:

• the tax rate for non-residential premises is 0.5-2% of the cadastral value, while for ordinary housing this figure is 0.1%;
• the cadastral value of non-residential premises, which, as a rule, is lower, but not more than twice, than apartments of the same value, which, however, does not fully compensate for the difference in rates;
• deductions for tax on apartments or houses (20 m for each owner and 50 m for retirees - not taxable), which do not apply to non-residential property.

From all of the above, it follows that for apartments you need to pay a higher property tax, almost equivalent to that which is assigned to the owners of office premises. However, in the long term, if such real estate is legally transferred to the housing stock, the taxes will be the same as for the owners of apartments and private houses.

Apartment or flat: which is better and how the owners share common property

According to Russian housing legislation, owners of real estate in apartment buildings also receive rights to a share in common property and technical premises. In the case of the purchase of an apartment, the owner receives title to only the premises in which he lives and cannot claim a share in the common property in the building.

Is it possible to create a homeowners' association for the owners of the apartments

Only the general meeting of condominiums can appoint or remove a management company, and apartment owners can create a homeowners' association (HOA), which will make it possible to manage a residential building more efficiently. The owners of the apartments cannot create a homeowners association, but they can unite in simple partnerships and form non-profit partnerships.

Differences in obtaining permits for redevelopment

For will be required, and even then not all activities can be allowed. For example, you cannot move a toilet or bath to a living area. While there are no hurdles and no permits required for a complete refurbishment of the apartment. However, as in the case of apartments, the apartments have load-bearing walls, and all existing openings in them must be reinforced with metal structures.

Can the apartment be converted to housing

Many people, purchasing this type of real estate, hope in the future to transfer it to a residential stock with all the ensuing benefits. But is it possible? Yes, translation is possible, but you have to face some difficulties. Usually there are no obstacles for this, only if the apartment was not originally designed as a workshop or office.

The main condition for transferring to the housing stock is that the room has direct access to sunlight for at least two hours a day. Also, the apartments must comply with the SanPin requirements for living quarters. To transfer to the housing stock, you will need to collect and submit the following documents:

• corresponding application for translation;
• technical documentation for the premises;
• floor plans of the building;
• redevelopment project, if any;
• consent of neighbors;
• payment of state fees.

Why apartments are cheaper than apartments

The lower cost of apartments, compared to conventional housing, is due to several factors that directly affect the price of real estate. Firstly, developers of apartments and complexes incur lower costs for obtaining permits. Secondly, such projects usually do not have the same infrastructure requirements as in the case of residential real estate. And, thirdly, due to the existing standards of illumination, the developer can provide for a larger number of premises, which will significantly increase the likely profit.

How an apartment differs from a studio

There is a large selection of different types of real estate on the modern market, and, continuing to consider this topic, it is worth mentioning their difference from apartments, townhouses, etc. Many people are interested in what is the difference between a studio and an apartment? In fact, it is, in which there are practically no partitions and only the bathroom is completely isolated. Like the apartments, the studio is open-plan, is also suitable for families without children, and costs about 30% less than a traditional multi-room apartment. The only difference is that the apartments are not part of the housing stock.

How a living space differs from an apartment

In the RF ZhK Article 16 "Types of living quarters" it is stated that these include residential buildings, their parts, apartments and rooms. Article 15 explains in detail this term as an isolated property suitable for comfortable living. Also, this room must comply with the requirements of SNiP and housing legislation. Therefore, answering the question, what is the difference in the status of a dwelling and an apartment, one can say one thing - practically none.

Is it worth buying an apartment from an expert's point of view

Buying an apartment is a good option for solving a housing problem on a limited budget. But the purchase of this property can be beneficial only in the following cases:

• there is already an apartment in which you can register;
• it is planned to lease the premises;
• for combining home and office;
• the budget for the purchase of housing is limited.

How much does it cost to rent an apartment

The practice of renting apartments is widely developed in Europe. Gradually, it began to take root on the territory of Russia and brings quite a good legal income in the form of 10% of the initial investment. To build a business for renting premises, it is recommended to buy out several apartments that are located in the same building and create a mini-hotel with comfortable living conditions.

One-room apartments can be rented out monthly. With a rental cost of 35,000-40,000 rubles per month, excluding utilities, which will be paid by the tenant, you can fully return the money spent on their purchase within 10 years.

A few words in conclusion

We examined what an apartment is, its pros and cons, what is the difference between a living space and an apartment, the design details and the benefits of purchasing such real estate. As you can see, this is an excellent option for those who are limited in funds, especially since there is a high probability of transferring them to the housing stock and receiving all the ensuing benefits. We hope this article will help you when you decide to purchase a property to live in.

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