What is the difference between buying an apartment and buying an apartment? “Kommersant” was looking for the best option. What are apartments

The concept of “apartment” is associated with luxurious, stylish real estate, which has magical advantages over simple housing. However, from a legal point of view, we are not talking about housing at all. Apartments are commercial real estate belonging to the non-residential fund.

Apartment and apartment - the main differences

So what is the difference between an apartment and an apartment? Apartments belong to the non-residential stock and can even be located on the territory of office shopping centers, while an apartment is a housing stock. However, these two categories of real estate have one thing in common - they are truly intended for living!

Apartment concept clearly regulated by law - this is real estate for human habitation, which must comply with all construction SNIPs, as well as sanitary and fire standards.

Apartment concept is not enshrined in Russian legislation. It is only stated that they must consist of at least two living rooms, a kitchen, and the obligatory condition is that the total area of ​​the premises is more than 40 sq.m.

Advantages of the apartments

Those who purchase apartments know their advantages in advance.

• Infrastructure- when building apartments, the developer immediately thinks through the infrastructure. Unfortunately, apartments cannot always boast of this.
• Repair- they are usually distinguished by luxurious renovations, made using the most modern trends and the latest fashion trends. A design project, open layout and expensive equipment are a must.
• Hotel rooms- in terms of layout and design, apartments are often similar to premium hotel rooms. For this purpose, they are often rented out, and often a resident in such a property does not have to think about changing linen, towels, or cleaning the home. The owner of the apartment takes care of all the housekeeping. There is no such service in ordinary apartments.

Such real estate for permanent residence is chosen by out-of-the-box thinking people who like the surrounding space to match their personality. The apartments emphasize the high status of its owner.

Is it possible to register in the apartment?

It is not possible to obtain permanent registration in the apartments. Only temporary and only if this property is a hotel complex.

According to practice, it is possible to register at the place of residence in an apartment, but only if the documents provide for the purpose of being a hotel and only temporarily, for a period of 5 years. Of course, after 5 years you can register again and so on an infinite number of times.

If, according to the cadastral passport, other technical documentation, and most importantly - in the unified Rosreestr database, the purpose of the building is stated - a shopping or office center, and also if the purpose of the apartments themselves is directly indicated for offices, catering establishments or other forms of commercial use, then it is impossible to register in the apartment, even temporarily.

When registering, a lot depends on the purpose of the building:

• If this is a hotel (and there are only 10-15% of them on the market), then there should be no problems with temporary registration.
• It is impossible to register even temporarily in apartments located in a retail and office building.

However, buyers of such housing, as a rule, have other housing and are aware of the impossibility of registration and do not ask such questions.

Cons of apartments

Despite the external luxury and elevated status of such real estate, there are also serious disadvantages of the apartments.

• Price- increased cost compared to ordinary housing. The price of apartments will be 10-20% higher. But it’s worth noting that many developers are starting to offer simpler apartments for sale and then the price, on the contrary, turns out to be lower than for apartments.
• Tax- another significant drawback is the property tax, which is calculated from the cadastral value of not the housing, but, accordingly, the building in which the apartments are located. Basically, the tax is 0.5% of the cadastral value. However, if the apartments are part of an office building, then this is at least 2% per year. And given the high cadastral value, the annual amount is quite impressive.
• Public utilities- utility tariffs for commercial real estate are many times higher.

When purchasing such housing, it is important to focus on the area of ​​the room. If the property includes a local area and common areas, then the owner must know that the tax will be calculated on the entire specified area

What is the property tax on apartments?

Much depends on what is written in the title documents, what information is contained in the cadastral passport and the unified Rosreestr database.

The minimum that is possible when calculating the tax on this type of real estate is 0.5%, and the maximum is 2% of the cadastral value (see). Let us remind you that a tax rate of 0.1% is provided for simple housing.

The difference is colossal, but what does it depend on?

In order to pay a tax rate of 0.5%, property in the form of apartments must simultaneously meet three requirements:

1. Be located in a building designated as a hotel.
2. Do not have in the documentation a direct indication that the purpose of the apartments is intended for offices, shops, catering, etc.
3. Do not have a cadastral value of more than 300,000 rubles.

If at least one condition is not met, the tax increases to 2%.

When purchasing an apartment, it is important to pay attention to the area of ​​the room. If the property includes a local area and common areas, then the owner must know that the tax will be calculated on the entire specified area.

By the way, tax deductions are not provided for apartments, as for apartments, rooms and houses.

Communal payments

When comparing utility bills for apartments and apartments, we must not forget that we are talking about residential and non-residential assets. For any non-residential premises in our country there are fixed tariffs for utilities. The difference, of course, is not stunning, but it is 10%, and in some houses 30% higher than in ordinary apartments.

There is one more nuance here - the services of a management company. Usually there is a standard list of services that they provide and which the owners cannot refuse (concierge, intercom, cleaning the territory, etc.). For apartments there is a special list of services for which you will need to pay extra. For example, cleaning the room, ironing clothes, etc. Apartment owners are not provided with such comfortable conditions.

Can apartments be converted into housing stock?

At present, legal practice is not yet so extensive as to answer this question unambiguously. Yes, such precedents exist. An important condition is the consent of all owners of the building, because apartments are often considered shared ownership.

In Moscow, there are known cases of converting multi-storey buildings from apartments to apartment use. But here it is worth paying attention to the fact that the transfer of apartments to housing became legally possible only thanks to the legal process and the competent approach of lawyers.

A simplified procedure, without trial, has not yet been worked out at the administrative level. When purchasing apartments, you simply need to understand this nuance.

The main differences between apartments and apartments, the pros and cons of such housing.

The concept of apartments appeared on the domestic market quite recently and this is not luxury housing at all. Now these can be quite simple apartments intended for student accommodation. In this article we will look at the main differences.

What are apartments in real estate?

An apartment is a living space with more than two rooms and a bathroom. These can be either luxurious penthouses or small cozy studios. There are several classes of apartments. The higher the class, the more luxurious the housing. There are luxury apartments, which, in addition to good housing with excellent repairs, have a garage and security.

What is the difference between an apartment and an apartment?

There are actually a lot of differences. Apartments are not initially part of the housing stock and can be built in non-residential premises. Initially, such housing was organized in industrial zones, which is very important for large cities where there is not enough space to build a residential building. In fact, apartments can be built in huge luxury complexes and business centers.

To exaggerate, you can live in a business center on the top floor. This entire floor will consist of apartments. Offices will be located on the lower floors. But in fact, this is not always the case, because such housing can be provided in mini-hotels and separate residential complexes. But there is a huge difference in legal differences and more.

Apartments and apartments - which is better, more profitable: pros and cons

Now the apartment market is quite popular due to the low cost of housing. The low price is due to the fact that the developer has to spend much less money and time on obtaining a building permit. At the same time, much fewer infrastructure-related requirements are imposed on this level of housing.

Advantages of the apartments:

• Low price
• Convenient location in the city center
• Availability of additional benefits (security, parking)

Disadvantages of the apartments:

• Inability to register
• Lack of schools and kindergartens nearby
• Impossibility of obtaining a free place in school or preschool institutions due to lack of registration
• High prices for utilities and premises maintenance

What is the difference between apartments and apartments in new buildings when purchasing?

You must understand that not all apartments are marked for residence in the documents. If the documents clearly indicate that this is a hotel or inn, then you can obtain temporary registration for up to 5 years. If there is no note about the hotel or inn, then, unfortunately, you will not receive the right to register.

Accordingly, you will not be able to enroll your child in the nearest kindergarten or school for free, or get a job or free medical care. The price for such housing is much lower than for apartments, but the quality is much higher. This is a convenient layout and possible additional amenities such as parking, security.

Apartment and apartment: what is the legal difference?

In fact, this is not residential real estate, but commercial. Actually this is the main drawback. There are also a lot of legal subtleties. The main disadvantage is the lack of permanent registration. At the same time, not all apartments offer temporary registration. Also, the developer is not obliged to build schools, gardens and those buildings nearby that need to be erected next to the housing stock.

How to distinguish apartments from apartments when purchasing?

Initially, the developer warns that the sale is of apartments, not housing stock. But still, some sellers try to hide this fact. But the documents always indicate that the premises do not belong to the housing stock. Some developers promise to convert some apartments into residential housing, but this is quite difficult to do.

After all, it is initially necessary that it meets all the requirements for residential premises. That is, there should be kindergartens and schools nearby. Please note that prices for housing and communal services and housing taxes will be higher than for a regular apartment. On average, prices for housing and communal services per 1 square meter vary between 5-10 dollars.

Despite the good quality of housing and low prices, the apartments have many disadvantages compared to ordinary apartments. This must be taken into account when purchasing.

VIDEO: Differences between apartments and apartments

Welcome to the website! In this article we will tell you how apartments differ from apartments.

Apartments and apartments are used for people to live in, however, there are significant differences in their legal status and the rights of the owners of these premises.

Unlike an apartment, apartments are not residential premises. Thus, residential premises are recognized as isolated premises that are real estate and are suitable for permanent residence of citizens (that is, they meet established sanitary and technical rules and regulations, as well as other legal requirements).

There is one note here: the procedure for recognizing a premises as a residential premises and the requirements that a residential premises must meet, including its adaptation taking into account the needs of people with disabilities, are established by legislative acts.

Residential premises include a residential building, part of a residential building, apartment, part of an apartment, room, etc. An apartment is recognized as a structurally separate room in an apartment building, which provides direct access to the common areas in such a house and consists of one or more rooms, as well as premises for auxiliary use, which are intended to satisfy citizens' household and other needs related to their residence in such a separate room.

A residential building, apartment, room or other premises is the place of residence of a citizen, that is, the place where the citizen permanently or temporarily resides.

Housing legislation in Russia does not provide for such a thing as apartments, and therefore this type of real estate can be classified as non-residential premises.

Non-residential premises are not intended for permanent residence of citizens, therefore they can only be a place for their temporary stay.

For example, places of temporary stay of citizens include, in particular, a hotel. In accordance with the accepted classification of hotels, the following highest category of rooms is established: suite apartments, lux, junior seed and studio.

In addition, apartments can be located in administrative, business and shopping centers or complexes in which, among other things, offices and retail facilities are located.

Taking into account the above, we can conclude that apartments are non-residential premises that belong to places of temporary accommodation or stay of citizens, and they are not intended for permanent residence.

In this regard, apartments belong to the category of non-residential premises. In them, unlike an apartment, it is not possible to obtain permanent registration at the place of residence.

What rights do owners of apartments and apartments have?

Housing legislation does not apply to apartment owners in any way. In this regard, the owners of the apartments do not have the right of common shared ownership of the common property in the building where these apartments are located.

In addition, the owners of residential premises independently choose the method of managing an apartment building, which should provide favorable and safe living conditions for citizens, as well as proper maintenance of common property, resolving issues of using the said property, as well as providing utilities to citizens for living in such a house.

The management of the building in which the apartments are located is usually carried out by a management company chosen by the developer, and utility bills are paid at the rates established for commercial non-residential premises in accordance with an agreement concluded with the management company.

There are features of foreclosure on apartments and apartments based on executive documents. Collection under executive documents cannot be applied to residential premises owned by the debtor if it is the only premises suitable for permanent residence for a citizen.

The exception is the case in which the residential premises are the subject of a mortgage, and, in accordance with the legislation on mortgages, foreclosure may be applied to it.

Taking this into account, apartments are classified as non-residential premises. The above rules apply to apartment owners even if this premises is the only one for a citizen.

Recently, on the residential real estate market you can find quite a large number of offers for the sale of apartments. The question arises: how does this object differ from an ordinary apartment? And what is more profitable to buy in this or that case.

Apartment or apartment: the choice is yours

There are quite a lot of differences between apartments and apartments. Even by superficially comparing these two objects with each other, one can understand that these are completely different things. Realtors believe that for people who are rarely at home, apartments are an excellent alternative to an apartment. But initially you should weigh all the pros and cons, evaluate the benefits and risks, so as not to make a mistake. Often you can save a lot of money on a purchase, but you should understand what this entails.

What is an apartment: basic provisions

This is a separate residential property that can be used both for your own residence there and for renting out. Such housing has a separate entrance, as well as all communications necessary for a comfortable stay. Moreover, apartments may differ from each other in area, location, number of floors, and so on according to the list. Finding a suitable property is not difficult; there are many of them in both the primary and secondary markets. Such real estate can be sold with finished renovation, rough or fine finishing, with or without furniture.

The cost of apartments in new buildings today: one-room apartment - from 6.5 million, two-room apartment - from 9.7 million, three-room apartment - from 18 million, 4+ - from 37 million rubles. Accordingly, a square meter costs about 159, 150, 184, 289 thousand rubles. This is the average market price; you can always find a cheaper option when developers offer discounts, and a more expensive option in luxury new buildings.

On the secondary market, a one-room apartment costs from 7.8 million, a two-room apartment – ​​from 13.2 million, a three-room apartment – ​​from 27.4 million, a four-room apartment – ​​from 93.2 million rubles. These are 206, 244, 329 and 632 thousand rubles per square meter, respectively. The price depends on the layout, condition, location.

What are apartments: the obvious difference

This is an object in which you can live freely, but at the legal level the premises are not considered residential real estate. The apartments are located in former office or industrial buildings that were converted specifically for housing, buildings that could not be built as residential buildings, while they are legally non-residential. Apartments are also converted into apartments in cases where the developer was unable to obtain permission to build a residential building.

“Often, premises located in hotel complexes are also offered. At the same time, the objects are equipped with communications, and the inside is partially or fully furnished. As for repairs, most often it will be designer. The apartments are classified as luxury real estate; it is believed that wealthy people who come to Moscow on business occasionally live there. In other words, this is a well-equipped hotel room where you can always stay. Most often there are one- and two-room apartments, as well as “studios”, where the room is combined with a kitchen,” says Alexey Shmonov, general director of the real estate portal Move.su.

When investing in such real estate, you should always take into account the cost, taxes and utilities. The price for an apartment can be 15-20 percent lower than for an apartment. But, of course, you should take into account the square footage, location, etc. nuances.

Many buyers believe that apartments have more disadvantages than advantages. After all, you cannot register there; as a result, you lack many of the rights that registration gives you. Secondly, an office may be installed nearby if it is a business center, or unknown individuals may live nearby when it comes to a hotel. You will not be able to call the police or simply make a verbal remark, since you will not have any right to do so.

Another disadvantage that developers “forget” to talk about is the lack of mandatory standards for the construction of such objects. For example, problems may arise with wiring, lack of light due to small windows, noise due to thin walls, etc.

What is the difference between an apartment and an apartment?

In addition to location (in residential and non-residential buildings) and legal status, there are other differences between the two objects. Thus, the area of ​​the apartment should not be less than forty square meters. The presence of a bathroom and a kitchen is mandatory in both cases. But the area of ​​the apartment can be much smaller than the 40-square-meter apartment.

As mentioned above, the cost of apartments is lower, but utilities are much more expensive, since they are calculated not for an individual, but for a legal entity or commercial real estate. For example, in the first case you will have to pay 25% more for heating, and 15% more for water. At the same time, apartment owners will not be able to take advantage of subsidies and benefits.

“We should also not forget about the property tax, which increases from 0.1% of the cadastral value (for apartments up to 10 million rubles) to 0.5%. And that's the best case scenario. There is a category of apartments, the tax rate of which reaches up to 2%, regardless of the cost of the property,” shares Alexey Shmonov, CEO of the real estate portal Move.su.

What is more profitable: apartment or apartment

So, let's imagine that we have 10 million rubles that we are ready to spend on purchasing real estate. Considering that the apartments will be 20% cheaper, then, accordingly, the apartment will cost 10 million, and the apartments – 8. In the second case, we put the remaining amount from the purchase on a deposit at 10% for 20 years. We make a profit during this time of about 10 million rubles. Over the course of twenty years, we spend, respectively, 1.4 and 1.8 million rubles on utilities, and 200 thousand and one million on taxes. After 20 years, we do not receive any assets for the apartment; for the apartments – 7.9 million rubles.

As a result, in the long term, apartments are more profitable. But we are talking about objects whose cost is at least 8% lower than an apartment. Otherwise, saving on buying real estate is not worth it.

Disadvantages of apartments: what you should think about before buying

As already mentioned, you cannot register in the apartment, you can only obtain temporary registration, which is given for up to five years. You will be able to receive the required monthly child benefit, send your children to school (but places will be provided only after admission to those officially registered), and be assigned to a clinic. And you won’t be able to count on social benefits or benefits. You will also not be able to join the labor exchange or queue for housing.

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 called:

• Luxury hotel rooms;
• Spacious apartments located in prestigious residential complexes;
• Apartments with panoramic glazing.

Despite the fact that Russian legislation has long given a clear definition of the concept of “apartment”, their legal status is still in doubt among some experts.

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

From a legal point of view, the term “apartment” is defined rather poorly by current legislation. Until April 2011, Rostourism Order No. 86 dated July 21, 2005 (now no longer in force) 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, Order No. 35 of the Ministry of Sports and Tourism of the Russian Federation 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 means 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 accommodation facility, 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;
• Aparthotels;
• Condo hotels.

Premises located in the first three categories of real estate are rented out (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 hotel 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 has not recovered after the crisis. Several factors, including Moscow government decree No. 714-PP, introducing a ban on infill construction, forced the capital's developers to look for workarounds to save their investments.

The transition to a new real estate format (apartments) has become the best option for the capital's developers. Today, many developers turn office buildings into small blocks that are equipped with everything necessary for comfortable living, and then 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 space. 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 their 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 of citizens and complies with established sanitary and technical standards, as well as other legal requirements.

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

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

Cons of apartments

It is worth noting 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 the apartments. This is explained by the fact that their contingent is quite specific - top managers of large companies, employees of foreign companies, businessmen who spend most of their time on business trips.

For such people, the main importance is the location of the facility and the availability of hotel services, and not at all the problem of registration. In addition, clients who already have their own home, sometimes even more than one, often show interest in purchasing apartments.

Pros of the apartments

Of course, in addition to the disadvantages, the apartments also have their advantages. The main advantages of such real estate include its favorable location (apartment owners can live in close proximity to their place of work, sometimes even in the same building). Residents of the apartments have the opportunity to use hotel services and the services of shopping and entertainment establishments included in the structure of the complex.

The undoubted advantages of apartments include 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 you to organize a representative “front office” with meeting rooms in the apartment.