What is an apartment? Cons and pros of apartments. Apart-hotels as a place of permanent residence

Apartments, which were previously considered exclusively luxury housing and were quite scarce, are now being sold in new buildings of various classes and not only in the center of Moscow. We can say that they have become available to a wide range of buyers. But the acquisition of this property invariably raises many questions.

Live or work?

The very first question that arises for a potential buyer who is still unfamiliar with the apartment format is how do they differ from apartments? Many still believe that only large sizes and special layout. Therefore, when faced with the offer of small studio apartments, some customers are perplexed as to which category such premises belong to.

In fact, apartments are not housing. “In the certificate of ownership, such objects are designated as non-residential premises. The type of permitted use is usually not indicated,” explains Petr Masharov, CEO Academy of Sciences "Century 21 Eurogroup Real Estate", a partner of the corporation of realtors "Megapolis-service".

According to S. A. Ricci, in some cases, the type of permitted use of real estate is prescribed in the documents. For example, as part of the sale of apartments in the Moscow-City MIBC, the certificate makes the entry “apartments hotel type».

So, in fact, this is commercial real estate. It is this circumstance that makes it possible to place apartments as part of multifunctional centers along with offices, as well as to convert former administrative buildings into apartment complexes.

At the same time, the true purpose of the apartments is accommodation. According to Vladimir Zhelnin, head of the Cushman & Wakefield legal department, Russian legislation has not yet developed an official definition for this type of real estate, so developers use the order of the Ministry of Sports and Tourism of the Russian Federation dated January 25, 2011 No. 35, which defines an apartment as a room with an area of more than 40 square meters. m, which has two or more living rooms with a kitchen. On this basis, Elena Rzhavskaya, director of the consulting, analytics and research department at Blackwood, believes that temporary registration is allowed in apartments on the same principle as in hotels for up to five years. But even here there may be nuances: as some market participants said on condition of anonymity, registration is possible only if all the documents of the developer indicate that a hotel (or office-hotel) complex is being built.

However, developers and realtors involved in the sale of apartments are sure that their buyer clearly understands what exactly he is going to buy, and he is extremely rarely interested in the problem of registration. However, some companies still promise their customers the prospect of converting apartments into housing stock. “There is such a possibility, but it is necessary that the object meet all the requirements for residential premises, and the owners’ desire to carry out this transfer,” explains Inna Ignatkina, director of the Presnya branch of the MITs-Nedvizhimost company. “For example, the Flotilla quarter is being built, according to the developer, in accordance with all housing standards, and, most likely, the transfer to the housing stock can take place at the collective desire of the apartment owners.” At the same time, the expert cites so far the only example of turning apartments into housing immediately after construction is completed - this is the Legend of Tsvetnoy multifunctional complex.

At the same time, experts dispel fears that some of the apartment complexes, according to the documents listed as non-residential premises, will be converted into offices (and this will interfere with the residents of the remaining apartments). First of all, buying an apartment intended for living, and then using it as an office, is simply unprofitable: the cost of 1 sq. m in the office area is usually lower.

Side effects

If registration at the place of residence (aka registration) is not always of interest to buyers, then the size of the property tax and operating costs are of concern to everyone.

In the elite segment, the cost of the management company's services, including housing and communal services, is about $7/sq. m/month This example was given by Irina Rogacheva, director of the department luxury real estate Capital Group company. This is how much the owners of apartments in the "City of Capitals" pay. For example, the maintenance of a room of 150 sq. m will require from the owner more than 31 thousand rubles / month. According to the expert, this is far from the limit. Thus, the operation of some apartments in the luxury segment may exceed this rate and reach up to 10–13 USD/sq. m/month

In business class, everything is much more modest. According to Alexander Poduskov, sales director of KR Properties, operating costs in this segment will not exceed $3-5 per sq. m. m/month Thus, an apartment of 100 sq. m will cost the owner 15 thousand rubles / month.

For the economy class, there are no weighted average data yet, but if we assume that the rate will be equal to the same $ 5, then the owners of apartments with an area of 45 square meters. m will have to pay about 6 thousand rubles / month. Sufficiently high payments are due to the fact that utility tariffs for non-residential premises are higher than for apartments, by an average of 10-15%. But developers, consultants and realtors believe that buyers are ready for this. “When working with a client, we always inform him about the tax burden, electricity costs, hot and cold water, heating, which also differ from the tariffs for living quarters,” S. A. Ricci assures.

tax burden

Property tax is another terra incognita for the apartment buyer. Many, however, had experience of living in them abroad. And by the way, in the US, the rate is directly related to the market value of the object. “In Russia, the amount of tax varies depending on the region. In Moscow, until recently, the rate was 0.2 or 0.5%, depending on the inventory value of the asset,” said Timur Sukharev, Commercial Director of Restavratsiya N.

Most experts believe that apartments in modern new-build complexes will be taxed at a rate of 0.5%, and in the near future it may be increased. Everyone can calculate the amount of the payment (at least approximately), however, there are reservations here. “Now apartments are mainly registered in ownership as shares of non-residential premises,” emphasizes independent expert real estate market Yuri Kochetkov. - That is, a single tax for them will be calculated at a rate of 0.5%. If the share also includes common areas (halls, stairwells), then this will additionally increase the owner’s expenses.”

Not so long ago, a new segment of housing called apartments appeared on the domestic real estate market. This concept came to us from Europe, where apartments are called rooms by the type of hotel rooms with an area of at least 40 square meters. m. The apartments include 1-2 rooms, a bathroom and a kitchen.

Apartments - what is it?

Since apartments exist on Russian market real estate is only a few years old, not everyone understands what it is.

So, we can distinguish the following features of the apartments:

Suitable for living premises with a footage of more than 40 square meters. m with a kitchen area and a bathroom;
At the stage of putting the property into operation, the apartments are already equipped with a minimum of furniture, and sometimes household appliances;
Citizens living in apartments can receive additional services, for example:

Room cleaning;
Order and delivery of food directly to the apartment;
Provision of parking spaces and security services;
Taxi ordering.

Apartments are not residential. The first apartment buildings were built in the Russian capital about 10 years ago. Apartments can be divided into several classes:

economy option;
comfort class;
business layer;
elite facilities.

IN Western countries apartments mean housing of a hotel type with service.

Order of the Ministry of Culture No. 1488 dated December 03, 2012 interprets apartments as follows - these are two or more living rooms with total area at least 40 sq. m, equipped for temporary residence and located in a hotel, sanatorium and similar institutions.

Thus, formally, the apartments are not intended for permanent residence and have a number significant differences from the usual living quarters. This will be discussed further.

Meanwhile, everything is brought to the real estate market more apartments. They are especially popular with residents of metropolitan areas. When choosing housing, people evaluate the advantages and disadvantages of this type of property.

Disadvantages of apartments

Since apartments are bought to live in or rent out, it is important to be aware of the shortcomings before making a deal. The disadvantages include:

Inability to select or re-elect a management company. As a rule, the management of the apart-building is carried out by the management company chosen by the developer;
Residents of apartments are forced to pay utility bills according to the tariff scale provided for non-residential premises. Accordingly, the cost of utilities will be slightly higher in comparison with the usual housing. On average, the difference is 2 - 3 thousand rubles in comparison with a dwelling of the same size;
Higher property tax compared to a standard apartment;
Inability to register permanently;
Restriction in the choice of mortgage programs in case of buying apartments with a mortgage. To date, not all banks are ready to finance the acquisition of such real estate;
Inability to receive a tax deduction;
When erecting apartment buildings, the developer may legally not comply with a number of requirements that are required to be met during the construction of residential buildings. In particular, the residents of the apartments may not have their own children's playground or enough parking spaces.

The most susceptible to shortcomings are those who live in apartments on a permanent basis. People who use apartments as temporary housing or buy real estate for the purpose of renting out and have other real estate for permanent residence may hardly feel the indicated disadvantages.

Meanwhile, there are also advantages.

Advantages of the apartments

The main and often defining plus of real estate located in apart-buildings is its cost. The cost of building a building with apartments is lower than that of a residential building. Accordingly, the cost per square meter is also lower. The average difference is 10-15%.

In addition to the price, the following advantages of the apartments can be distinguished:

Good location.

For example, elite and business apartment buildings are being built in the central part of the city. It is these objects that are of interest to those buyers who purchase real estate for investment or in order to emphasize their own status.

Such objects are of interest to top managers whose families actually live outside the city or in a quieter area, or companies that purchase housing for their own staff.

Uniqueness.

Since apartments are not yet sufficiently promoted in the real estate market, each developer strives to make their own project unique and stand out from other objects.

The proximity of infrastructure facilities and the possibility of obtaining additional services.

Buildings with apartments are being built taking into account the requirements for hotel premises, their residents can count on additional services.

What is the difference between an apartment and an apartment?

It is important to understand the difference between an ordinary living space and an apartment. It consists in the following:

The apartments have nothing to do with the housing stock and are actually used for living, and for the organization of office space;
The minimum area of apartments - 40 "squares", apartments - much less;
To carry out the redevelopment of a dwelling, the owner will have to go through a number of instances in order to agree on the changes. It is less labor-intensive to carry out redevelopment in apartments;
Buying an apartment, the owner and his family members can register in the premises on a permanent basis. Only temporary check-in is possible in the apartments;
Norms and SNiPs for the construction of residential buildings and apartments are somewhat different. In particular, the apart-objects are subject to increased fire safety requirements: the buildings are equipped with an additional fire escape. In addition, the construction of a building with apartments is possible on those lands that for some reason are not suitable for residential housing construction;
Various requirements for the design of the local area. The standards for the construction of residential buildings provide for mandatory improvement of the territory adjacent to the house until the housing is put into operation. This means that children's walking areas and recreation areas, parking spaces, and green spaces should be organized for residents of the house. Since the apartment building belongs to non-residential facilities, it can be put into operation without the developer performing a full range of the above landscaping works. Meanwhile, many developers, in order to increase competitiveness, further ennoble the territory adjacent to the apart-object;
The residential buildings and the apartment building are managed by a specialized company. At the same time, an important difference is that the residents of the apartments cannot re-elect the management company. The amount of payment for utilities in apartments is several thousand rubles higher than the payment in an apartment of equal footage. In addition, the item "expenses for building management" is additionally included in the costs.

Legal status of the apartments

At the moment, the concept of "apartments" is not fixed at the legislative level. Formally, this is real estate related to the non-residential fund. In fact, apartments are residential, less often office space.

– new object in the real estate market, some difficulties may arise when acquiring them. A number of developers sell apartments under equity participation agreements.

Buyers of such premises need to remember that in practice, the courts consider apartments as non-residential objects - source of investment income. For this reason, in the event of litigation, the law on participation in shared construction (214-FZ) cannot be applied, and it is not easy to return the money allocated for the purchase of apartments.

It would seem that it could be easier than buying a property? Just choose the option you like, pay and enjoy. However, in the real estate market, a novice can not only "get lost", but also make a fatal mistake by choosing a type of property that does not meet the needs. Today, together with the editors of the site, we will take a closer look at apartments and apartments - what is the difference, and what type of real estate is better to buy.

In addition to the usual odnushki, dvushek and treshki, such properties as studios or apartments have appeared on the market. Many do not understand what it is, and what such real estate is. And the difference between an apartment and an apartment is that apartments are non-residential premises. They serve for administrative tasks, often fall under the premises of "hotels".

Pros and cons of apartments

The main nuance is that the apartments are commercial non-residential premises. Therefore, it is impossible to get a residence permit there, which is a minus. Because of this, it is impossible to get a job (since there is no registration), attach to a polyclinic at the place of residence, arrange children in a kindergarten or school.

If we consider this form of real estate, in terms of renting it out, then its acquisition is one of the advantages, since the purchase price is lower, and you can rent it out at a market price. As they say, business and nothing personal.

What is the difference between an apartment and an apartment, in terms of legislation

Consider the main aspects indicating the legal difference between apartments and apartments. After all, the conditions of the future transaction depend on them.

Why is it impossible to permanently register in the apartments

The apartments are commercial property. Most often they are located on the ground floors in residential buildings. But most of people buys them for living. From the point of view of legislation, there is no exact wording of apartments, therefore, in fact, real estate falls under the category of administrative buildings. You cannot register in this room, but temporary residence is allowed. In fact, this is a commercial foundation with the possibility of living.

Differences in the requirements for the developer for the construction of social facilities

Often, it is in new homes that such real estate is sold at a very attractive price. Therefore, questions arise, what are apartments in new buildings, and is it worth buying them?

If we talk about the construction of apartments in comparison with ordinary apartments, then the first ones are easier to build, but only in terms of documentation. Much simpler registration, lighter requirements, the possibility of selling real estate before the completion of work in full. From a technical point of view, there are practically no differences. The only difference is that the apartments have a loyal attitude to the layout, or rather, in many cases it is free.

Apartment tax

The tax on apartments is much lower than on apartments. For the former, the tax reaches 0.3% (of the cadastral price), but for the latter it reaches 2%. Realtors claim that it will be lower, since the areas of the premises are incomparable, but this is not so. With an equal area, the tax on apartments will be higher.

In addition to the property tax, prices for utilities will be a third higher. You will have to overpay for electricity, gas, water, heating. Since, according to the law, this is not a residential building, but a commercial one.

Difference in use of government subsidies for lower-middle income and disability

The premises are not residential, therefore, subsidies, benefits, for any income, do not apply to it. One of the advantages is that apartments cannot be recovered in lawsuits. Even in cases where they are the only home of the family. The law on subsidies and property deductions also do not apply to apartments, as they are not applicable to non-residential premises.

Differences in the tax on apartments and apartments at present and in the future

Apartment owners can do redevelopment without affecting structural units and load-bearing walls. This also applies to apartment owners. But the difference lies in the fact that additional rules related to commercial real estate apply to the latter.

But if you follow the letter of the law, permission for redevelopment in both cases must be obtained from the appropriate authority. But in the case of an apartment, since access to it is limited, redevelopment may not be noticed at all by the regulatory authority. But with apartments, since this is a commercial product, an overlay may come out in the form of an unexpected check at the request of attentive citizens.

Can the apartments be converted into housing stock?

Theoretically, this is quite possible, but there will be quite a lot of trouble. First you need to make sure that it is possible to transfer this room to another status at all. If such premises are located in an industrial area or in production, then the transfer will not be possible. In order to obtain a permit, apartments must pass a penetration test. sunlight inside. This is called insolation. In addition, there are a number of other procedures, such as supplying communications to the premises.

Why apartments are cheaper than apartments

Often the thesis “apartments are cheaper” is a misconception. In one area, especially closer to the city center, the price for them will be higher than for apartments. It increases by 30-35% of regular price apartments in the same building. This is due to the fact that apartments are commercial non-residential real estate, and it is allowed to place fitness rooms, shops, beauty salons and others in it.

Due to the location of the apartments of the elite level, their price will be equal to the cost of the apartment. This does not apply to premises in residential areas, but to those located in business centers on the top floors. Their price does not change even during the crisis and the general decline in real estate prices.

How are apartments different from studios?

In fact, this is a question of how a residential building differs from a non-residential one. Mandatory requirement, according to SNIP and GOST, the presence of the necessary communications to residential premises is the presence of the necessary communications: electricity, water supply, drainage (sewerage), separate access to the premises (individual entrance), as well as the separation of rooms of different classes by walls or partitions.

Regarding separation, the bathroom should always be isolated. If the apartment has isolation of the bathroom, but the rest of the premises are combined (bedroom, kitchen), then the apartment receives the status of a studio. Very often, a one-room apartment is given out as a studio, in which they made redevelopment and demolished the kitchen partition. In fact, it is, by law, a studio, but then there should not be a corridor as such.

Studios are different, this is not a simple cramped one-room apartment, as many people think. The area of such premises can be equal to the area of two- or even four-room apartments. There are simply zones for certain purposes. This type of real estate is very common in countries with rich economies. Studios are often bought by people who are not burdened with children or relatives who require living with the owner. This is considered youth housing. The price for such apartments is 20-30% lower than the market price, without taking into account the floor on which they are located. Of course, the studio can easily be converted into an ordinary apartment by rebuilding the partitions in it.

If we talk about apartments, then they can have everything the same as in an ordinary apartment or studio. If such real estate is located in normal areas, all the necessary communications are present, and there are no restrictions on registration actions, then it will be much faster to re-register from non-residential to residential premises.

Is it worth buying an apartment, according to an expert

When buying premises of this type, it is worth considering the nuances described above. If registration is not required, and you need the premises only because of the convenience of the location or status, especially since the communal apartment does not scare you, then you can safely purchase it. Transfer to the housing stock is possible, but in practice there are quite a few cases. This is due to the requirements for the premises described in the previous paragraph.

How much do apartments cost when renting premises

When renting apartments, the price tag will be slightly higher than that of ordinary apartments, by about 20%. This is due to the fact that they are located in prestigious areas where there is practically no residential property. But this is in the hands of those who work in the area and do not want to spend several hours on the way home. Who lives or lived in big cities, will understand that in some cases it is better to pay extra for rent and get home with greater convenience than spending the same money on travel (gasoline) + standing in traffic jams and waking up at dawn, so as not to be late for work.

28.03.18 54 535 0

Apartments - 2. Law and law

Revenge property deductions

Last time we started talking, It's time to talk about money and laws - the floor is up to the economist.

Ekaterina Miroshkina

economist

From the point of view of the law, an apartment is not the same as an apartment. Even if a family with three children lives there and this is their only home. Temporary registration does not make an apartment a residential property either. Building with apartments is not considered apartment building, even if he has a management company, mailboxes in the porches and a swing in the yard. For the state, apartments are non-residential real estate.

You can save a million rubles when buying and then lose much more if you do not calculate everything in advance. Losses are not always measured in money and can be irreversible.

Everyone is responsible for himself

We will tell you the most important things about apartments from the point of view of law and economics, and you decide for yourself whether you need it or not. In any case, the purchase of real estate is a matter in which it is better to turn to professionals for help. A big mistake is to think that now everything will be told to you on the Internet. There are many nuances in this case. Consult with a specialist.

Purpose of premises

The law has a specific list of which premises can be considered residential. By default, apartments do not fit this definition. Even if a hotel-type building looks like a residential building, it is still not housing.

If you own an apartment - most likely you are the owner commercial real estate not apartments. In this case, the laws that relate to housing will not apply to apartments. If you read the rules of state support, mortgage conditions or requirements for beneficiaries and the words “housing, living quarters” are found there, this hardly concerns you.

For example, the state has established requirements for the safety of residential premises, the height of buildings, the provision of elevators, the location of bathrooms, the reinforcement of floors, natural lighting, ceiling height, sound insulation, and even the slope of stairs. These requirements do not apply to non-residential apartments.

Theoretically, there are apartments-apartments that are located in a residential building. This can be found out from the documents for a specific project where you are offered to buy a property. For example, the purpose of the building and the premises in it is easy to find in the project declaration, which will definitely be on the developer's website.

Apartment. When you buy an apartment in an ordinary residential building, you automatically become a co-owner of the common property. Although it is not written in the certificate, by default you own part of the roof, facade, common balconies, entrance, basement, flights of stairs, elevators and even the yard. This share cannot be allocated in kind, sold or abandoned.

Apartment. Everything is complicated here. The regime of common shared ownership of common property in a non-residential building is not directly regulated by law. Some experts believe that apartment owners do not have ownership of common property. But the Supreme Arbitration Court clarified that the owners of premises in non-residential buildings have the same rights and obligations as in apartment buildings - they own a share in the common property and are obliged to pay for its maintenance.

This approach has both advantages and disadvantages. With an apartment building, everything is more or less clear - there are entrances, stairs and elevators, which all residents use in one way or another. It is logical for everyone to pay for them. In a non-residential building, in addition to apartments, there may be offices, commercial premises, lobbies, fountains, entrance groups - all this is common property that the owners of not only offices, but also apartments will have to maintain.

Even if a family has bought an apartment, lives there with their children, and never visits the lobby of a business center, they could theoretically be required to pay for the maintenance of this part of the building. A particular management company can set its own regime, but by default, the explanations of the SAC work that way, and judicial practice is ambiguous. Tomorrow another management company will come and change everything.

The state does not regulate the list of services of management companies for non-residential buildings. If the class of the commercial object includes the services of gardeners, butlers and concierges, the apartment owners will pay for them. On the one hand, this allows you to build apartments of impossible beauty and convenience. On the other hand, you can get services that you do not really need.

Home control

The house has a lot to do besides what happens behind the iron doors of the apartments. Entrances need to be cleaned, elevators and roofs - to be repaired, light bulbs - to be screwed in; on the adjacent territory it is necessary to build platforms and put up benches, mow lawns and put up posts, paint fences, sweep foliage. Who, how and for what money will do it - an open question.

Apartment. In an apartment building, the management company or HOA deals with management issues. The management company is elected by the shareholders' meeting. It also makes key house management decisions. The meeting of owners is democracy in action: each owner has some "weight" depending on the area of his apartment, and he can vote with this "weight".

Active tenants can campaign, organize property groups around them, and influence voting - all as in a normal democratic process. If a young mother has the time and desire, she will organize everything and there will be ramps for wheelchairs at the entrances. Retirees can unite and vote for no parking in the yard. And if car owners have more votes, then just pensioners will be left without benches and green areas, and parking will expand - and all this at a common expense.

In order to be guaranteed to solve the issues of an apartment building in your own way, you need to be the owner of more than half of the square meters in this house or control the decisions of such owners. Of course, this is impossible in real life, so all tenants can influence common decisions.

Apartment. In a non-residential building with offices and shops, the following situation may well arise: the developer does not sell offices, but leases them out, retaining ownership. Or the entire office and retail part is bought by a development company. This is how the majority owner appears - the one who owns the majority of votes. And whoever has the majority of votes has the right to single-handedly make decisions about the house.

This is unlikely if the complex consists only of apartments. But this cannot be ruled out: you do not know to whom they belong. Maybe a businessman bought the crawls and opened a hotel there. Has the right: the appointment allows.

If you have a complex of offices and apartments in front of you, or, for example, an apartment skyscraper sticks out of the womb shopping center- there is a risk. And very tall.

The majority owner can vote for higher rates, appoint a management company that is convenient for him, hire a gardener from Rublyovka, install a monument in his honor in the center of the courtyard, or rent the first floor for a karaoke club, which will contain only songs by Grigory Leps. The residents of the apartments will not have any legal mechanisms to deal with such a situation. Even evidence that the majority owner is in league with the management company will not help. This is not considered an abuse of the right.

Relations with neighbors

Apartment. By law, neither you nor anyone else can use the residence for business. You cannot legally organize an office or a mini-hotel in an apartment, you cannot open a cafe, a sauna, a recording studio or a platform for rap battles in it. The premises must be transferred to non-residential, and this is not always possible.

For residential buildings there is a silence mode: after a certain time in the apartments you can not make noise. If you live in a real apartment building and cheap punches constantly come from behind the wall at night, you have legal mechanisms to influence this.

Apartment. Owners can use them in any legal way if they comply with technical regulations and the requirements of regulatory agencies. These requirements are not the same as for apartments. The apartments may have different purposes, but it is always non-residential. You can live in a hotel-type apartment like in an apartment, and someone will buy a few neighboring ones to rent to business travelers, foreigners and couples in love - this is legal.

For apartments there are no requirements for silence and soundproofing - neighbors through the wall can play drums at night.

On the ground floor, they can open a bar without your permission, while demolishing part of the wall and blocking your view. In an ordinary house, permission would be asked from the residents, but in an apartment complex they may not be asked. Through your entrance, people can walk to the office of the network company. Moreover, the guard will be obliged to issue passes to them.

This does not mean that when buying an apartment you will definitely encounter such problems. Maybe quiet families will live next to you and in general the whole complex will be populated by ordinary people. And only the first floor will be rented out for offices and shops, and they will place a notary, pharmacies, groceries, a bank branch and child Center- everything you dreamed of. But when buying, you need to be aware that the apartment complex is not an apartment building. It is not covered by the housing code, and tenants have fewer rights.

Withdrawal for debts

Apartment. By law, the only housing cannot be taken for debts. Even if the owner of an apartment owes a lot of money to a bank, a neighbor, a microfinance organization or anyone else, they will not take away their property and the family will not be evicted to the street. The only exception is for mortgaged apartments, which are already pledged to the bank.

Apartment. Apartments are not housing, so there are no restrictions on collection for them. It does not matter that a family lives there who bought apartments for permanent residence, they do not have other real estate and the loan was not taken against the security of the apartment. For bailiffs, an apartment is an ordinary asset that can be seized and put up for sale on account of a debt. For example, if the owner of an IP, he has accumulated debts to creditors and tax. His family and children live in the apartment, but this property is not protected from foreclosure.

Deductions when buying real estate

Apartment. When buying an apartment, you can declare a deduction and return the tax. If you buy an apartment in marriage and none of the spouses used the deduction before, the family will be able to return up to 520 thousand rubles. In addition, the state will return 13% of the interest paid on the mortgage - a maximum of 390 thousand rubles to each spouse.

Apartment. There are no deductions for non-residential real estate, even if an ordinary family with children buys it and intends to live there permanently.

Apartment. Residents of apartments are not mentioned in the list of consumers who are equated with the population. Despite the fact that they live in apartments ordinary people, it is believed that electricity is supplied there for commercial purposes.

Property tax

Apartment. Property tax is calculated at rates for residential premises. They may vary depending on the region and the price of the apartment, but there are federal regulations. Residents will pay 0.1% of the cadastral value for an apartment. In this case, you can use the property tax deduction - 20 square meters. There is no need to pay property tax on this area - only on the difference.

This benefit does not depend on social status and income - it is given to apartments in any region. For example, if the area of the apartment is 39 square meters, then the tax will be charged only from 19 square meters and at a rate of 0.1%. For apartments more expensive than 10 million rubles in Moscow, the rate rises to 0.15%, but it is still much lower than for apartments. There are also reducing coefficients - they can also reduce the tax, however, they are valid for a limited period.

Apartment. For a hotel-type apartment, you will have to pay about five times more property tax compared to an apartment - 0.5%. It may be possible to save some money due to a lower cadastral cost. And if the apartment is in an administrative and business complex, then the rate will be even higher - 2%.

Apartment owners are not given a federal property tax deduction: they will pay tax on the entire area.

Comparison of property tax for an apartment and apartments of 39 m²

On the example of data from the site of the complex in Fili, provided that the apartment is 20% cheaper than the apartment

Price for 1 m²

Apartment

336 000 R

Apartment

269 000 R

Price

Apartment

336 000 R

Apartment

269 000 R

Price

Apartment

13 million R

Apartment

10.5 million R

Tax deduction

Apartment

The tax base

Apartment

19 m² × 336,000 = 6.38 million R

Apartment

39 m² × 269,000 = 10.5 million R

property tax rate

Apartment

Annual property tax

Apartment

9576 R

Apartment

52 500 R

Moscow has its own reduction factor for apartments, but it is valid only for those complexes that are included in the official register of apartments and meet other requirements. In March 2018, this register was expanded - it now has 16 apartment complexes. If the complex is not in the register, there are no benefits for it.

Other property tax benefits in the regions, for example, for pensioners, the disabled and large families, do not apply to apartments either.

If you choose between an apartment and an apartment, find out the rate for a particular object and calculate the tax yourself with the help of an expert. Do not even believe the calculations on the websites of developers. Then it may turn out that the tax is actually higher, the rate is not 0.5%, but 2%. Moreover, the cadastral value is growing, and no one is going to include the complex in the register.

Overhaul

Apartment. Owners of residential premises in apartment buildings make mandatory contributions to the overhaul fund. Then, with this money, a major overhaul of common property is carried out. We told you that the minimum contribution for overhaul in Moscow from July 1, 2017 is 17 rubles per square meter.

Apartment. Owners of commercial real estate in non-residential buildings are not required by law to make deductions to the overhaul fund every month. But when the time comes to repair the common property, it will also be impossible to count on the accumulated contributions and financing. But as a rule, apartments are bought in new buildings, which will need major repairs for a long time.

Comparison of overhaul payments for an apartment and an apartment of 39 m²

Minimum payment per m²

Apartment

17 R

Apartment

0 R

Mandatory payment per month

Apartment

663 R

Apartment

0 R

Maintenance fees for the year

Apartment

7960 R

Apartment

0 R

Social infrastructure and technical requirements

Apartment. The state should control the parameters of residential development. There are requirements for the number of schools, kindergartens, clinics, roads and other infrastructure facilities. The developer must build them at his own expense or with the support of the state.

Unfortunately, in fact, many developers do not comply with these parameters: they collude with officials, receive approved projects without schools and clinics, or endlessly delay the delivery of infrastructure facilities. But apartment owners have at least some guarantees and rights. They are protected not only by urban planning rules, but also by federal laws.

It is forbidden to build noisy industries and hazardous facilities in the residential area. And even if a mini-production appears, there should be a sanitary zone around it. The entrance to the store in a residential building should be separate, and not through the entrance. The noise level in the apartments must comply with state standards, sanitary standards have been established for apartments. If there is a deviation, you can demand a penalty or force the developer to correct the shortcomings.

Apartment. There are no such town planning norms for commercial development zones. It may turn out that there is no school and clinic in the area where the apartment complex is located. The city is not obliged to build them.

The number of residents in the apartments is not taken into account when planning the development. For example, 200 children can live in an apartment, but they will not build a separate kindergarten and will not schedule places at the nearest school.

For apartments there are no strict requirements for sanitary standards, material characteristics, layouts and sound insulation. The quality of construction is not controlled in the same way as in the case of housing - this is already on the conscience of the developer.

Transfer of an apartment to a residential building

Non-residential premises can theoretically be considered residential. To do this, the entire building must be officially made an apartment building. A separate apartment cannot be considered an apartment. And although such a mechanism exists on paper, it is impossible to implement it in practice for a single apartment owner.

What are the benefits of buying an apartment

Place. Often in some convenient and interesting place you cannot build a residential building, but a building with apartments can. This happens when the town planning plan has a site for business center or hotels, and for a microdistrict with parking lots, schools, clinics and sanitary zones space is not enough. Or the place is not suitable for residential development due to the proximity of industrial facilities. Apartments may be the only chance to buy a property to live in right place, such as close to work or downtown.

Price. An apartment can cost less than an apartment in the same area. Land for non-residential facilities is cheaper, it is easier to design a non-residential complex, and the developer does not have infrastructure costs.

Investments. An apartment is not always bought for life. You can rent it out and receive income that is enough to pay a mortgage in a residential complex - with the rights to deductions, state support and permanent registration.

The residential and commercial real estate market is incredibly vast. When offering housing, realtors often refer to an apartment as an apartment. This term becomes a kind of symbol of success, luxury, independence and wealth.

But are these concepts the same - an apartment and an 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 it is necessary to clearly distinguish between these concepts.

What is an apartment?

The following definition is generally accepted. An apartment is a type of detached property 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 necessary communications, heating, water supply, sewerage. Apartments are not the same, they are different from each other 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. The apartments for sale can be excellently refurbished, but are usually unfurnished.

Apartments: what is it

Apartments equipped with modern communications, excellent furniture and located in hotel complexes are called apartments. This is an elite type of rental property superior comfort used for temporary residence of wealthy guests. The main characteristics of such an object are a modern stylish design and complete provision with household and technical communications. Accommodation in apartments is possible only on a temporary basis.

In other words, apartments are non-permanent housing, identical to hotel room. And as in a classic hotel room, an indispensable attribute of living in it is full service at a convenient time for guests, including the full range of cleaning, linen change, parking spaces, specialized security services, and other infrastructure facilities.

This one is very popular in resort areas and megacities. Often, wealthy citizens buy apartments in the immediate vicinity of work for reasons of time saving. Comfortable complexes, the so-called apart-hotels, are being built in sufficient proximity to the sea or the business center of the city.

The potential buyer is offered various types of apartments, the most common of which are one-bedroom and Western "studio" options, in which the living room is combined with the kitchen. However, the market sells apartments with 2 and 3 bedrooms, as well as multi-level premises. The difference between an apartment and an apartment is that the buyer of an apartment acquires a residential building with a modern renovation, stylish furniture and built-in appliances.

Legal status of the apartments

In Russian legislation, the concept of "apartments" is not fixed, at the same time, the term "residential premises" is given a rather lengthy definition. It is recognized as a separate room as part of real estate, suitable for permanent residence and in accordance with the established standards of sanitary, technical and other operational rules. Legislation as residential provides for the following types of 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 real estate" segment. In other words, to the question about apartments: what is it, you can answer that this is a living space in a non-residential building.

Differences between an apartment and an apartment

So, apartments are not related to the housing stock, so they can be created in buildings of any direction, for example, office buildings. To place the status of "apartment" belonging to the housing stock is required. In addition, there are differences between these concepts in other planes:

according to the requirements of the resolution of the State Standard, the area of \u200b\u200bthe apartments should not be less than 40 m 2, 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 may be only one room with a much smaller area.

Let's take a closer look at each difference between an apartment and an apartment.

Price

Real estate market experts note that the price of apartments is usually 10-15% lower than the cost of an apartment of the same type, but operating costs are always higher. This is due to the fact that the cost of utilities for apartment owners is significantly higher than their cost for owners of residential real estate. In particular, heating services are higher by 20-30%, water supply and sanitation - by 12-25%. The presented figures are ambiguous, the prices for housing and communal services depend not only on the regional location, but also on the nature of the connection of engineering communications with the networks of resource-supplying organizations. For example, if services are supplied through intermediaries, then you will have to pay even more for them.

The absence of the concept of "apartments" in the composition of residential real estate does not allow their owners to apply for subsidies for utility bills, provided that the amount of their total monthly income for the last 6 months does not exceed the established standards. Apartment owners cannot use the benefits regulated by the Housing Code. What is the difference between apartments and apartments, except for cost characteristics?

Registration features

The acquisition of an apartment implies the possibility of permanent registration at the address of housing. It is not possible to register in apartments at the place of residence due to the fact that they are not legally housing.

The issue of the possibility of temporary registration in apartments is still unclear, although there is no direct prohibition on the exercise of such a right by the owners of apartments purchased in buildings with the status of an apart-hotel or hotel.

Lack of objects of social significance

When deciding which purchase is more profitable - an apartment or an apartment, it should be remembered that the developer of such buildings is not liable for the construction of facilities social infrastructure. Actually, this factor explains the relative cheapness of apartments - developer hotel complexes, as a rule, does not build schools, kindergartens and clinics.

Despite the fact that realtors usually do not raise this problem or smooth it out with assurances that apart-hotel developments are carried out in areas with an established infrastructure, we should not forget about it. In megacities, the volume of construction and sale of such complexes is very significant, and not every district's social facilities can provide an increase in unregistered users.

The leadership of the city planning department of Moscow plans to approve building codes obliging the developer to build infrastructure facilities in parallel with the construction of hotel complexes. Most likely, the introduction of such obligations will raise the cost of apartments to the price of apartments.

No planning permission required

What is the difference between an apartment and an apartment? The fact that the need or possibility of redevelopment of these premises is regulated general provisions of the Town Planning Code, according to which a permit is not required if the proposed changes do not bring structural changes and do not change the level of reliability and safety of a non-residential building. And if the lack of permits greatly simplifies the reconstruction of the premises of the apartments, then there are many problems in the organizational features of the functioning of such buildings.

Difficulties in managing non-residential buildings and property tax differentials

According to the Housing Code, the technical premises of an apartment building (attics, basements, etc.) are in the shared ownership of the owners of residential premises. This is not the case for apartments. Therefore, the buyer who purchases them must remember that the developer has the right to own the rest of the building and engineering networks, and he can impose on the owners the services of a management company that is beneficial to him.

In addition, the adopted legislation since 2015 has significantly increased the property tax, the calculation of which will now be carried out on the basis of And if the housing tax rate is 0.1% and rather impressive benefits are applied, then non-residential property, which includes apartments, is subject to at a significantly higher rate.

Nature of acquisition

The difference between an apartment and an apartment is also manifested in terms of acquisition. The purchase of apartments, as a rule, is of an investment nature, that is, in most cases they are bought for profit, while the purchase of an apartment has a pronounced social background - living.

If the owner of the apartments is registered as an individual entrepreneur and declares income from the rental of property, then he does not have the right to tax exemption when selling these premises, even if they have been owned for more than 3 years.

Realizing the differences, it is easier for a potential buyer to decide which room suits him best - an apartment or an apartment. What is best for him and the goals pursued by him, only he knows. The status of the purchased property depends on the nature of the acquisition, opportunities, necessity or other conditions. Now, thinking about the future acquisition, you can clearly imagine how the apartments differ from the apartment.