A big difference. How are apartments different from apartments? What is the difference between an apartment and an apartment, in terms of legislation. What is an apartment

Today, apartments can be found not only in the luxury segment - there are more and more offers on the market. Apartments are in demand and have become available to a wide range of buyers. However, the acquisition of such real estate is fraught with a lot of features.

The first question that arises in the layman - what is an apartment? Many do not know that they are distinguished from apartments by a number of important details. And if earlier large studio apartments were considered apartments, now this type of housing is acquiring more precise legal features, and apartments can be found even for 30 square meters. meters. In fact, this is the same hotel where you can buy a room with a kitchen, and the price of which includes hotel infrastructure. There may already be places for recreation, fitness rooms, restaurants and spas, as well as office space and conference rooms, experts from Azbuka Zhilya say. Apartments are non-residential premises, theoretically they are commercial real estate. That is why many apartment complexes are converted office buildings. In Moscow, in areas where building residential facilities prohibited, it is legal to build apartments and sell them as residential premises. It will not work to register in such a place, but you can make a temporary registration, and even then not everywhere and not always. That is, the main difference between apartments and apartments in Russia is a different legal status.

Tretyakova DariaHead of consulting and analytics department at Azbuka Zhilya“For a family with children, for example, the inability to register in apartments is a significant disadvantage for life. Accordingly, there will be difficulties with the use of district clinics, kindergartens and schools. It is quite difficult to get a mortgage to buy an apartment. And programs aimed at supporting the purchase of housing do not apply to apartments. Unlike an apartment, an apartment can be seized by a creditor from the owner, even if it is his only home.”

However, apartment owners are of little interest in registration, analysts at Hospitality Income note. As a rule, such objects are bought as a second or third home for wealthy people. Usually, expensive apartments are purchased by employees of foreign companies, top managers, businessmen - location and hotel service are important for them, says Tretyakova Daria, head of the consulting and analytics department at Azbuka Zhilya. Moreover, the status non-residential premises allows apartment owners to register legal entities which may be beneficial for the company.

Elena Lysenkova CEO of Hospitality Income“This format of residential real estate, veiled as a hotel format, which came to us from the West, is being implemented in many Russian cities and in general has become familiar. And the fact that registration in them is impossible does not bother anyone. If we talk in general about the development of the apartment market, then at the moment the direction of apartment real estate is developing in two formats. In the apart-hotel format, when hotel It was originally created to rent out rooms for temporary accommodation of guests, but these rooms have more spacious features compared to classic hotel rooms. And service apartments, representing a complex of apartments, which are first sold on the market to end users, who, in turn, can transfer these apartments to the management of a professional centralized management company that will rent and service the apartments.”

Of the minuses, you can highlight the cost of operation and increased tax. Today it is five times more for an apartment than for an apartment, and monthly service fees can range from 15,000 to 40,000 per month or more. But apartments are much cheaper - 15-20% lower than apartments of the same level. This is largely due to the lack of infrastructure - the developer is not obliged to build clinics, kindergartens and schools, as is done in the case of apartments. For example, the center of Moscow is experiencing tension - schools and kindergartens are overcrowded, and the number of apartment complexes is growing. In addition, such objects may not have parking places, which also increases the load on urban infrastructure.

Despite minor shortcomings, the apartments have a number of important advantages. And here, as they say, it's a matter of taste and priorities: you need to make a start in choosing from the purpose for which housing is purchased. According to Hospitality Income Consulting experts, the demand for apartments will only grow in the next three years.

The term "apartments" has been actively used in Russia over the past ten years. And if earlier this concept was fuzzy and vague, today it means an absolutely specific type of real estate. "Apartments" are:

• Luxurious hotel rooms;
• Spacious apartments located in prestigious residential complexes;
• Apartments with panoramic windows.

Despite the fact that Russian legislation has long given a clear definition of the concept of "apartments", their legal status still raises doubts among some experts.

“Let’s consider what are the pros and cons of the new real estate format, and also try to give an accurate definition of its legal status”

From a legal point of view, the term "apartments" is deciphered by the current legislation rather poorly. Until April 2011, the order of the Federal Tourism Agency No. 86 dated 07/21/2005 (now invalidated) was in force, according to which an apartment meant a room with an area of ​​​​at least 40! square meters, consisting of two or more living rooms and equipped with a full bathroom and kitchen equipment.

In January 2011, the order of the Ministry of Sports and Tourism of the Russian Federation No. 35 was issued (which entered into force on April 15, 2011), according to which the apartment cannot be considered as a separate type of real estate. This word refers to one of the highest categories of rooms located in accommodation facilities. The latter include hotels, inns, holiday homes, boarding houses, motels, sanatoriums and other facilities. In other words, an apartment is a comfortable room in any of the accommodation facilities, which is equipped with furniture and equipment of the appropriate class and is intended for temporary residence.

This is what the situation looks like from a legal point of view. But, according to experts, in practice today there are four main types of apartments:

• Service apartments;
• Apart-hotels;
• Condo hotels.

Premises located in the first three categories of real estate are leased (both long-term and short-term). Regardless of the period for which the rooms are rented, all residents are provided with hotel services. But there is also a type of hotels in which real estate can be purchased as a property. These are condo hotels. As a rule, some of the rooms in them are rented out, and some are put up for sale.

The main reason for their appearance in Russia (in particular, in Moscow) was the shortage of sites for residential construction, as well as the low demand for office space that did not recover after the crisis. Several factors, including Moscow government decree No. 714-PP banning infill construction, forced Moscow developers to look for workarounds to save their investments.

The transition to a new format of real estate (apartments) has become for capital developers the best option. Today, many developers turn office buildings into small blocks that are equipped with everything necessary for comfortable living, after which they rent out such blocks or sell them. Thus, within the framework of one project, the developer manages to combine office, residential and retail and entertainment areas. But it is worth considering that apartments can only be called residential premises conditionally.

What is the difference between apartments and classic apartments?

The main difference between apartments and classic apartments is the legal status. In accordance with Article 16 of the Housing Code of the Russian Federation, the following objects belong to residential premises:

• Residential building (part of a residential building);
• Apartment (part of an apartment);
• Room.

A necessary characteristic of any type of housing is its functional purpose. According to Russian laws, residential is an isolated room that is suitable for permanent residence citizens and complies with the established sanitary and technical standards, as well as other requirements of the law.

Hotels (apartments), rest houses, sanatoriums, boarding houses, hotels and other accommodation facilities have a different functional purpose. They are used for the temporary stay of citizens, in contrast to their places of permanent residence.

Thus, from a legal point of view, apartments are non-residential premises, even despite the fact that during the construction of an object, the developer can comply with all necessary technical and sanitary standards.

Cons of apartments

It should be noted that the presence of such negative factors as the status of non-residential premises and the impossibility of registration does not deter potential buyers from apartments. This is due to the fact that their contingent is quite specific - top managers of large companies, employees of foreign firms, businessmen, most time spent on business trips.

For such people, the location of the object and the availability of hotel services are of primary importance, and not at all the problem of registration. In addition, clients who already have their own housing, sometimes even more than one, often show interest in buying apartments.

Advantages of the apartments

Of course, in addition to the minuses, the apartments have their pluses. The main advantages of such real estate include its advantageous location (the owners of apartments can live in close proximity to the place of work, sometimes even in the same building). Residents of the apartments get the opportunity to use the hotel services and the services of shopping and entertainment establishments that are part of the structure of the complex.

The undoubted advantages of the apartments include the freedom in the design of such premises. In addition, the category of non-residential premises makes it possible to register legal entities in it. This is very convenient for some companies, as it allows organizing representative “front offices” with meeting rooms in the apartments.

The traveler, having arrived at the place of rest, will first of all be concerned with finding accommodation - unless, of course, he books it in advance. But in both cases, he is likely to choose between different formats of living quarters. So, many lovers of tourism have to decide whether to stay in apartments or in a hotel. What are the characteristics of each of the respective residential properties?

What are apartments?

In the context hotel business under apartments It is customary to understand, in fact, an ordinary apartment rented by a traveler for the period of residence in the city in which he arrived. Of course, this property may be significantly different from a simple urban building. Apartments for tourists in resort towns often located in the most prestigious areas, if this seaside resort- something close to the coast or directly on it.

Apartments

Apartments, like most typical city apartments, typically include:

1. Living spaces;
2. kitchen;
3. bathroom;
4. corridor, utility rooms, balcony.

In apartments, a person, therefore, organizes his life himself, prepares his own food, and cleans up. Of course, the traveler can order the relevant services from a specialized company, but, as a rule, these costs are not included in the cost of renting an apartment. But if the apartments are rented in a hotel room, tourist area, then the necessary services may be included in the rental price.

The owner of the apartments can be both an organization and a private person. By concluding a lease agreement with the owner of the property, the traveler, as a rule, gets the right to freely dispose of the premises: bring guests there, come and go at any time.

Note that subletting apartments - if we consider typical tourist real estate as such - as a rule, the owners do not allow. In turn, this phenomenon is very common in the conventional rental housing market.

The apartments can be very well equipped, but they, as well as the area of ​​the city in which they are located, may lack the services in demand - laundries, business centers, beauty salons. Sometimes there are problems with the Internet, despite its universal prevalence. Again, we note that similar situation- a rarity for a typical tourist apartment. They are located in areas where the necessary infrastructure is sufficiently developed.

Apartments, one way or another, in most cases are equipped with all types of household appliances- refrigerator, washing machine, TV, air conditioners. Therefore, a person who has rented an apartment may not have a special need to contact specialized services, since he is able to organize his life himself.

What is a hotel?

Under hotel means a property that is used for the sole purpose of organizing temporary accommodation for visitors locality The in which the corresponding object is located.

The hotel consists of rooms that can be presented in a wide range of classes - "standard", "economy", "lux", etc. The structure of the room is determined by its category. Thus, rooms of the "economy" and "standard" classes are not characterized by the presence of a separate kitchen, they also usually do not have a washing machine (you can wash your clothes using the additional services of the hotel).

In the "suites" the kitchen may well be. Often it is complemented by an enlarged bathroom - perhaps with a jacuzzi, a swimming pool, a large terrace. "Suites" can have especially beautiful view from the window.

All hotel rooms are cleaned and included in the rent. Meals for tourists staying in hotels, as a rule, take place in an organized manner, in nearby catering establishments.

A visit to a hotel may be strictly regulated by its rules. The person who rented the room is in many cases forbidden to drive guests, to arrive later than a certain time (but this is modern resorts- rare). As a rule, the guest must provide unhindered access to the room for hotel employees - for the purpose of cleaning or, for example, repairing equipment.

In modern hotels, popular services are usually provided - laundry, dry cleaning, ironing, services various salons. As a rule, Internet is available in most rooms - mostly already wireless, there is a TV.

Comparison

There is, of course, more than one difference between an apartment and a hotel. These are two very dissimilar formats of real estate, although they are close in purpose.

The apartment is a separate apartment. It can coexist with residential premises that, in principle, are not rented to tourists or anyone else (but, as a rule, tourist orientation is the main criterion for distinguishing between the concepts of "apartment" and "apartment").

A hotel is a specialized residential complex that organizes temporary accommodation for travelers and provides services demanded by tourists.

Hence the difference between the considered real estate formats, which can be traced in many aspects. Such as, for example:

1. the structure of the premises, equipment;
2. visiting rules;
3. location;
4. catering;
5. availability of required services.

It is worth noting that apart-hotels are often found in the hospitality industry, which include residential premises that combine the features of both considered types of tourist real estate. In this case, the term "apartments" will correspond to those premises that are similar in structure to individual apartments, but nevertheless adjoin "classic" hotel rooms.

There are, of course, apart-hotels, which are almost completely represented by "apartments" - apartment-type premises, but at the same time, guests have the opportunity to use the available services that are typical for any hotel.

Having determined what the difference between the apartments and the hotel is fundamentally, we will reflect the conclusions in the table.

Table

Many people do not quite understand what is meant by this definition. Yes, in Italian or French, where the term came from, appartamento or appartement denote an apartment, but there is no official concept of apartments in the regulations of the Russian Federation. This is the name of the premises belonging to the non-residential fund, where comfortable living conditions are created. Often apartments can be found in hotel buildings and office buildings, but all of them are intended only for temporary residence of citizens.

What is the difference between an apartment and an apartment

First of all, it is worth noting that these two concepts mean completely different things. Before buying a property, it is important to understand how an apartment differs from a regular dwelling. The difference is as follows:

• The minimum area of ​​apartments starts from 40 sq. m, the number of rooms - from 2. In addition, a prerequisite is the presence of a kitchen and a bathroom.
• The objects do not belong to the housing stock, they are actually used for living and as office space.
• To redevelop a dwelling, the owner must go through many instances to agree on the changes. For a non-residential facility, redevelopment is a less labor-intensive procedure.
• When buying an apartment, all family members, including the owner, can register on a permanent basis. Residents of premises belonging to the non-residential fund are allowed temporary registration.
• SNiPs and norms for the construction of these two types of housing have differences. Apart-objects must meet increased fire safety requirements: buildings are equipped with an additional fire escape. In addition, the construction of a building where apartments will be located is allowed only on lands that, for certain reasons, cannot be used for residential construction.
• The design of the local area has different requirements. According to construction standards, the developer is obliged to improve the territory adjacent to the house before the housing is put into operation. Since the apartment building is not a residential property, it can be put on the real estate market without a full range of landscaping work.
• Building management with apartments and residential building carried out by a specialized company. An important difference between an apartment and an apartment is that the residents of an object belonging to the non-residential fund do not have the right to re-elect the management company. The cost for utilities in an apartment is several thousand rubles less than a payment for a non-residential object of equal footage. In addition, in the second case, the payment includes a fee for "building management costs".

Advantages and disadvantages

In the real estate market, the share of apartments is growing every day, because demand creates supply. Such real estate is especially popular among residents of megacities. When choosing a living space, buyers find out what are the pros and cons of this type of premises. As for the advantages of such a purchase, it is worth highlighting the following:

• Living in a large living space in the city center near social infrastructure, because the construction of new residential complexes in central regions metropolitan areas are practically non-existent.
• The cost is 20-25% cheaper than the price per "square" in a residential new building, which is located in the same market segment.
• The possibility of moving as soon as possible - as soon as the building is put into operation. Non-residential facilities are leased and sold ready-to-live-in, so the owner will be able to move in immediately after receiving the keys.
• Residents of the apartments are provided health care, places in kindergartens and schools on the same basis as the owners of apartments.
• If you do not want to live in the purchased object, the owner can rent it out by contacting the specialists of the management company, so as not to look for tenants on their own.
• Residents enjoy additional services on the territory of apart-complexes: shops, spas, fitness rooms, beauty salons, restaurants. In addition, owners of premises that are serviced by their own service companies can order services provided in hotel rooms: laundry, cleaning, food delivery.
• Residents save on the repair of only acquired housing, because all the finishing work has already been completed there, and some objects are equipped with furniture.

The demand for this type of premises is growing, but before buying this type of housing, it is still worth learning about its shortcomings. The following disadvantages of the apartments are distinguished:

• High tariffs for utility bills, which also include the cost of additional services, which often cannot be refused even if desired.
• The inability to obtain a permanent residence permit, only a temporary one for a period of 5 years.
• The apartments are not designed for comfortable living for families with children.
• Aparthotel developers are not obliged to provide parking spaces for the apartment buildings.

Kinds

Elite and economy class objects are put on the real estate market. Separate the following types of housing:

• Rooms in apart-hotels are the most budget options. Mostly apartments are rented for a short period. Often they have from two rooms, a bathroom, a kitchen, and hotel services are provided to the residents.
• Rooms in tenement house intended for delivery to long term. Cleaning, security, catering services are available to the owner and household members.
• Rooms in condominium hotels. Premises are rented, while residents are provided with all hotel services. Some of them are redeemed for life.
• Apartments located in multifunctional complexes. Hotel services for residents are not provided, because the objects are closer in status to apartments. In addition, they involve the sale and the possibility of temporary registration.

Classes

Demand for apartments located in mixed-use complexes today already accounts for 18% of all housing being built. Wherein this species premises are divided into different classes:

• Class A - studio version. Represents living room combined with kitchen. The area of ​​the object ranges from 40 to 50 "squares". Often young families live in studios without children or singles. The cost of renting an apartment starts from 40 thousand rubles / month.
• Class B - a room with 2-3 rooms, a kitchen and a bathroom. Suitable for both students and families with a child.
• Class C - spacious apartments with 3-5 rooms with total area over 100 sq. m. Large families buy or rent such houses, for which life in the center of the metropolis is a priority. For investors of this kind, objects are an unprofitable investment.
• Luxury class. The property is in big cities, while the object is a villa on the ocean or a prestigious penthouse on top of a skyscraper. Attached to the premises additional service: security, restaurants, entertainment, leisure services. Often, apartments are two rooms with separate baths, and they are considered elite due to their favorable location and expensive finishes.

Purchase

When purchasing an apartment, it is important to pay attention to the indicated area of ​​​​the premises. The future owner should know that if the property also includes the adjacent territory and common areas, then the communal tax will be calculated from the entire area. It should be noted that for apartments, unlike rooms, houses and apartments, there are no tax deductions. In addition to the area of ​​\u200b\u200bthe premises, it is advisable for the buyer to consider:

• what is the legal status of future housing;
• operational parameters;
• location;
• layout.

Nuances of registration in apartments

The properties are not considered residential, so one of the disadvantages of living in them is the inability to obtain registration at the place of residence. As practice shows, it is still possible to register, but temporarily - for 5 years, and provided that according to the documents the apartments are designated as a hotel. Each time after 5 years, you can register again, while the number of times is not limited. Another option to get a permanent residence permit is to wait until the state recognizes the apartments as residential facilities, because the draft federal law on this matter has already been prepared by the Ministry of Construction.

If in the cadastral passport, other technical document, the main thing is that in the single database of Rosreestr the building is designated as a shopping or office center, also if the area itself is indicated for offices, catering points or other form of commercial use, then registration is impossible, even temporary. When registering at the place of residence, the purpose of the building also plays an important role:

• in the hotel there should be no problems with temporary registration;
• in apartments that are located in a commercial and office building, even temporarily it is impossible to register.

What is the apartment tax

This is influenced by the information specified in the title documents, the cadastral passport and the unified database of Rosreestr. The minimum tax possible when calculating this type of property is 0.5% of the cadastral value, maximum value can reach 2%. For comparison, the tax rate for a residential apartment in a new building is only 0.1%.

It should be noted that in Lately in Russia, more and more people are interested in how apartments differ from ordinary apartments. So, what can be the main differences, and what are they all the same due to?

What are apartments: the main differences from other types of real estate

Apartments are one of the most common formats commercial real estate and not residential. The initial purpose of creation is temporary residence for citizens who came to another city to work or study. Newcomers of this class cannot show special requirements for the level of development of social infrastructure, because they do not have small children, and work begins early in the morning and ends only late in the evening. For this reason, apartments should not have a developed social infrastructure as in housing construction.

The main differences from hotels is a different approach to organizing the level of comfort. Apartments should be aimed at affordable temporary accommodation for people, hotels should be aimed at mandatory comfort.

Among the shortcomings of the apartments, it should be noted the increased amount of utility bills and the lack of the possibility of registration, even if a long stay is expected.

Among other features, low insolation standards for housing should be noted, less sun - this is a reduced number of windows, which are simultaneously small in size. It is important to note that some rooms, which are called rooms in apartments, are corridors in traditional housing.

Focusing on the sanitary protection zones of the Russian Federation, apartments may have lower standards. For example, if a factory used to be located on the territory, housing cannot be built in this place, apartments can.

Why apartments began to develop in Russia?

1. The main reason is the lack of sites that can be used for the construction of residential facilities.
2. Lack of optimal demand for office space.
3. Changes in the legislation of the Russian Federation. For example, the decree of the Moscow government No. 714-PP prohibits spot construction. Developers must now find a way to save their investment. Only the transition to a new format of real estate, which turned out to be apartments, became optimal for developers from Moscow.

Despite this, hotels in Russia and other CIS countries still continue their activities.

What are hotels?

Hotels are accommodation options that can please with a decent level of comfort thanks to water, heating, the Internet, and the possibility of using high-quality bed linen. Any domestic problems are solved successfully. In most cases, the price and the name of the hotel immediately guarantee a high level of quality of the services provided, despite the lack of classification of organizations by the number of stars.

The situation with apartments is drastically complicated. Apartments (if applicable) private apartment, and not an apart-hotel, which is one of the most common types of hotels in the CIS) have the following features:

1. Hot water is supplied from a boiler, as a result of which its volume may not be enough for all living people.
2. The bathroom does not require a heating system. Moreover, the limited hot water does not allow you to quickly warm up the room.
3. The quality of cleaning does not always justify the hopes and wishes of residents.
4. It is not possible to use the provided bathrobes.

Despite the shortcomings described above, one can get acquainted with interesting people, live downtown, get helpful tips by infrastructure. Apartments can please with an interesting format of life and affordable price compared to domestic hotels. At the same time, you need to prepare for the fact that the level of organization of life is worse than in an ordinary apartment.

Hotels and hotels created on the basis of apartments

Hotels created on the basis of apartments are a new direction in the hotel business. Temporary housing is created on the principle of apartments.

Initially, apartment hotels began to develop on beach resorts, and demand was actively growing thanks to families with children, because traditional hotels could not offer a decent environment. Subsequently, a unique slogan for apartment hotel complexes appeared: "it is better to live than to stay." It is assumed that the service in hotels should fully meet the needs target audience, and for hotel apartments, minor concessions are possible.

Hotel apartments can please not with a standard set of accommodation options, but with conditions that resemble apartments. Thus, living becomes approximately the same as in an ordinary apartment. Despite this, hotels created on the basis of apartments differ from ordinary apartments and gravitate towards hotels:

1. It is possible to book rooms. In most cases, in order to book a room, you need to call the reception.
2. When booking a room, you do not need to conclude a contract. At the same time, the degree of responsibility is based on basic rules that are known to everyone.
3. A resident can receive a payment whenever they wish.

Modern hotels, which are apartments, have everything you need for an apartment, including a kitchen with household appliances, DVD, sports simulator. An analogue could be suite room in a traditional hotel complex.

Thinking about comfortable living conditions and the availability of all necessary amenities, it is advisable to choose a hotel complex created on the basis of apartment blocks for a long stay (from one month to several years).