We travel around the world! Apartment and apartment: what is the difference, which is better, more profitable? What to choose and buy - an apartment or an apartment: the pros and cons of apartments over a regular apartment. How to distinguish apartments from apartments when buying

The share of apartments in the primary market of Moscow is still growing: if in 2012 it accounted for only 14% of the total supply, then in the third quarter of 2016 it reached 24.5%. At the same time, the minimum budget for purchasing apartments within old Moscow during the same period decreased from 4.6 million rubles to an unprecedented 2.3 million rubles for the capital, which spurred the interest of clients in the mass segment and radically changed the buyer’s image. However, there is still a lot of speculation surrounding the apartments, exaggerating their disadvantages. Experts from the Metrium Group company conducted a detailed analysis of all the differences between apartments and apartments and refuted most of the stereotypes regarding this type of housing from the buyer’s point of view.

During a recession, most home buyers prioritize their purchasing budget. The reduction in supply prices in all market segments has increased the attractiveness primarily of apartments, which have always been cheaper than apartments. The price benefit of purchasing apartments is due to a number of their differences from apartments.

“The differences between apartments and apartments can be divided into three groups,” says Maria Litinetskaya, managing partner of Metrium Group. - The first of them is the legal differences that are associated with the non-residential legal status of the apartments. The second is economic, namely the difference in the market and cadastral value of such objects, as well as the features of payment utilities and taxes. Finally, the third group - technical - combines the differences in requirements for the design and construction of apartments. A superficial comparison may seem to suggest that most of the differences are not in favor of the apartments, but a detailed analysis shows the opposite.”

1. Legal differences

1.1 Legal status

Apartments are classified as non-residential premises, that is, they are premises for temporary accommodation of citizens, not intended for permanent residence. The concept of “apartment” is mentioned only in the classification hotel rooms, which is given by the Ministry of Culture of the Russian Federation. According to this typology, an apartment is a room with an area of at least 40 square meters. m., consisting of two or more rooms (living room, dining room, bedroom) with a kitchenette. However, in practice, developers are not guided by this definition, even if the apartment complex under construction has a hotel purpose.

1.2 Registration

Permanent registration can only be obtained in residential premises - apartment, room, house. Permanent registration in Moscow gives the following rights:

1. Increase in pension. In Moscow, pensioners are entitled to a regional social benefit, but it is given only to those who have lived in Moscow for at least 10 years.

2. Travel benefits for pensioners and minors in public transport, as well as using a landline telephone.

3. Placement of the child in kindergarten, school and other educational institutions at the place of registration.

4. Subsidizing utility bills.

Since the apartments are classified as non-residential premises, permanent registration at the place of residence cannot be obtained in them. However, if the apartment complex has hotel status, then the owner of the apartment can obtain temporary registration for 5 years. Temporary registration gives practically the same rights as the owner of an apartment with permanent registration. However, when enrolling a child in a school not assigned to a place of residence, his application is considered after applications from residents of houses assigned to the school and having permanent registration. Otherwise, there are no fundamental differences between temporary and permanent registrations.

If registration is impossible, the apartment owner loses little. These are increases and benefits that still apply only to vulnerable segments of the population, as well as the right to vote in elections.

1.3 Rights of owners to common property

Owners of apartments in a residential building own common property with the rights shared ownership along with other residents. That is, all common areas, the roof and the yard are the property of the apartment owners. Accordingly, residents can jointly decide how to manage common spaces. For example, they can prevent unwanted use of basements, roofs, attics and other spaces.

Apartment owners do not have the right of shared ownership of common property in the apartment complex (staircases, stairs, halls, elevators, elevator and other shafts, corridors, technical floors, attics, basements in which there are utilities, other services serving more than one premises in a given building equipment (technical basements), roofs, enclosing load-bearing and non-load-bearing structures of this building, mechanical, electrical, sanitary and other equipment). For example, if the owners of the apartments decide to make a joint fenced vestibule on the landing, they will have to buy or rent this area from the owner, who is usually the seller of the apartment or the management company. However, you need to understand that the management company lives off payments from apartment owners and it is not beneficial for it to spoil relations with them.

1.4 Foreclosure against owners

When a homeowner becomes a debtor and the court orders the confiscation of his property in favor of creditors, the bailiffs cannot evict him from the apartment if it is the only place accommodation. The exception is housing purchased with a mortgage.

Since the apartments are non-residential premises, their owner may be evicted in the event of foreclosure. However, it is worth noting that the buyer of an apartment with a mortgage may also lose their home.

2. Economic differences

2.1 Prices

Condos are more expensive than apartments because the developer of a residential apartment building initially incurs higher costs associated with obtaining all the necessary permits.

	Apartments	Apartments
Minimum purchase budget, million rubles.



Average cost per sq. m.

The difference in the cost of apartments and apartments reaches 30% on average, depending on the project. This is due to the fact that the developer incurs lower construction costs and can afford to offer the property at reduced prices without sacrificing profits.

2.2 Taxes

Property tax

Property tax for apartment owners is calculated based on the cadastral value. The area of the apartment is multiplied by the cadastral value per square meter, and then by the tax rate. The property tax rate for residential premises is set in each region by decision of local authorities. In Moscow it is 0.1%.

Apartment owners must also pay property tax, which, as in the case of apartments, is calculated based on the cadastral value of the property. However, there are two fundamental differences in the taxation of apartments. Firstly, the cadastral value of such projects is approximately 1.5 times lower, and secondly, the property tax rate for them is higher. The rate ranges from 0.5% to 2%. In October 2016, the Moscow City Duma adopted changes to the Law on the property tax of individuals in Moscow. Now the minimum rate for all types of this type of real estate is set at 0.5%, but only for apartments up to 300 square meters. m. and with a cadastral value not exceeding 300 million rubles. For properties that exceed the established size and price limits, the property tax rate remains at 2%.

Tax deductions and benefits

Also, when buying and selling an apartment, the owner has the right to receive a tax deduction for previously paid personal income tax (NDFL). In case of purchasing a home maximum size the return reaches 2-3 million rubles, and upon sale - 1 million rubles.

Tax deductions and benefits do not apply to apartments as to non-residential premises. That is, the apartment owner not only cannot reduce the tax base (by 20 sq. m.), but also return part of the personal income tax paid when purchasing apartments.

Land tax

Until 2015, apartment owners were required to pay a tax on land owned jointly by residents of an apartment building. However, this payment was included in the property tax. Since 2015, these fees have been divided into two separate taxes: apartment and land.

Apartment owners, like owners of other premises in any building, also have the right to a share land plot on which this building is located. In this regard, they are required to pay land tax. Land tax is paid based on the cadastral value of the plot corresponding to the area of the apartment. In Moscow, this rate is 1.5%.

2.3 Utilities

The amount of payment for utility services is calculated according to the tariffs for consumers established by the supplier of water, electricity and heat. The level of these tariffs is determined by the authorities in accordance with the legislation of the Russian Federation on price regulation.

As a rule, utility bills for apartments have a higher coefficient compared to apartment rates. Tariffs for water supply are higher by 12%, for sewerage - 8%, for heat - 25%, for electricity - 36% (based on the average tariff of 2.5 rubles/kWh). The exact cost of utilities depends on the tariffs established for non-residential premises in accordance with agreements concluded by the management company and the utility supplier.

3. Technical differences

3.1 Building codes

The construction of residential buildings is carried out in strict accordance with construction and sanitary standards and regulations (lighting, sound insulation, insolation, etc.).

The technical requirements for the construction of apartments are lower than the requirements for the construction of residential buildings. In particular, apartments are not subject to insolation requirements, and the standards for ventilation, sound insulation, and fire protection are lower than those required for residential premises.

3.2 Social infrastructure

The developer is obliged to build social infrastructure facilities (kindergartens, schools, clinics, etc.) in the residential development zone in proportion to the number of new residents of the area. The construction of an apartment complex does not oblige the developer to build social infrastructure facilities for its residents.

3.3 Access roads

The responsibility of the developer of residential areas includes the improvement of adjacent territories, as well as the construction of access roads to residential complex. The apartment developer is not required to build access roads.

Summary

“Thus, the most important economic differences between apartments that really directly affect the buyer’s “wallet” are the differences in tax and utility payments,” summarizes Maria Litinetskaya. - However, basic calculations prove that the difference in the cost of apartments and apartments covers the increased costs of utilities and taxes for decades to come. You also need to take into account transportation costs, because today the most budgetary housing offers within the Moscow Ring Road relate only to apartments. Apartments at a similar price will be located outside the Moscow Ring Road, in the near Moscow region.

Legal differences are also not that important to the average client. Buyers of apartments and apartments are equally protected by 214-FZ from double sales and missed delivery deadlines. In the event of a rupture of the DDU, they have the same rights to receive compensation and penalties, and in the event of bankruptcy of the developer, they are included in the third line of creditors for the return of invested funds.

As for the technical differences, the formal absence of an obligation on the part of the apartment developer to comply with building codes, build social facilities, and lay access roads is, in practice, unprofitable for the developers themselves. In conditions of fierce competition for buyers, most apartments are not inferior to ordinary apartment buildings either in the quality of construction or in the availability of infrastructure.

As a result, if a person manages to find the optimal combination of three characteristics - price, location, interesting concept - in any apartment complex, then in essence it will not be so important for him that this is formally non-residential premises. The main thing for the buyer is to improve specific living conditions, namely, to move to new house or a more convenient location."

Many people do not quite understand what this definition means. Yes, in Italian or French, where the term came to us, appartamento or appartement means an apartment, but in the regulations of the Russian Federation there is no official concept of apartments. This is the name given to premises belonging to the non-residential fund, where comfortable living conditions have been created. Often apartments can be found in hotel buildings and administrative 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 purchasing real estate, it is important to understand how apartments differ from ordinary residential premises. The difference is this:

The minimum area of apartments starts from 40 sq. m. m, number of rooms – from 2. In addition, a prerequisite is the presence of a kitchen and a bathroom.
The objects are not residential; they are actually used for living and as office space.
To redevelop a residential premises, the owner must go through many authorities to approve the changes. For a non-residential property, redevelopment is a less labor-intensive procedure.
When purchasing an apartment, all family members, including the owner, can register on a permanent basis. Residents of premises classified as non-residential are allowed temporary registration.
SNiPs and standards for the construction of these two types of housing differ. Apartment buildings must meet increased fire safety requirements: buildings are equipped with an additional fire escape. In addition, the construction of a building containing apartments is permitted only on lands that, for certain reasons, cannot be used for residential housing construction.
The design of the local area has different requirements. According to construction standards, the developer is obliged to improve the area adjacent to the house before the housing is put into operation. Since a house with apartments is not a residential property, it can be put on the real estate market without completing full complex improvement works.
Apartment building management and residential building carried out by a specialized company. An important difference between apartments and apartments is that residents of a non-residential property do not have the right to re-elect management company. The cost of utilities in an apartment is several thousand rubles less than payment for a non-residential property of equal size. 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 pros and cons this type of premises has. As for the advantages of such a purchase, it is worth highlighting the following:

Living in a large living space in the city center close to social infrastructure, because the construction of new residential complexes in central regions there is practically no activity in megacities.
The cost is 20-25% cheaper than the price per square meter in a new residential building, which is in the same market segment.
Possibility of moving as quickly as possible - as soon as the building is put into operation. Non-residential properties are rented out and sold ready to move in, so the owner will be able to move in immediately after receiving the keys.
Apartment residents are provided with health care, places in kindergartens and schools on the same basis as apartment owners.
If you do not want to live in the purchased property, the owner can rent it out by contacting the specialists of the management company, so as not to look for tenants on his own.
Residents enjoy additional services on the territory of the apartment 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, grocery delivery.
Residents save on repairs only for purchased housing, because all the finishing work has already been completed there, and some properties are equipped with furniture.

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

High tariffs for utility bills, which also includes costs for additional services, which often cannot be waived even if desired.
Inability to obtain permanent registration, only temporary for a period of 5 years.
The apartments are not intended for comfortable living for families with children.
Apartment hotel developers are not required to provide parking spaces for apartment buildings.

Kinds

Elite and economy class properties are being put on the real estate market. The following types of housing are divided:

Rooms in apart-hotels are the best budget options. Mostly apartments are rented for short term. They often have two rooms, a bathroom, a kitchen, and hotel services are available to residents.
Rooms in an apartment building intended for rent on long term. The owner and household members have access to cleaning, security, and food services.
Rooms in condominium hotels. The premises are rented, and residents are provided with all hotel services. Some buy them for life.
Apartments located in multifunctional complexes. Hotel services They are not provided for residents, because the objects are closer in status to apartments. In addition, they involve sale and the possibility of temporary registration.

Classes

The demand for apartments located in multifunctional complexes today already accounts for 18% of all housing being built. In this case, this type of premises is divided into different classes:

Class A – studio option. It is a living room combined with a kitchen. The area of the object ranges from 40 to 50 square meters. Often young families without children or single people live in the studios. 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 housing both students and families with children.
Class C – spacious apartments with 3-5 rooms with a total area of more than 100 square meters. m. Such houses are bought or rented by large families for whom life in the center of the metropolis is a priority. For investors of this type, objects are an unprofitable investment.
Luxury class. Property available in big cities, while the property is a villa on the ocean coast or a prestigious penthouse at the top of a skyscraper. The premises come with additional services: security, restaurants, entertainment, recreational services. Often apartments are two rooms with separate baths, and they are considered elite due to their advantageous location and expensive finishes.

Purchase

When purchasing an apartment, it is important to pay attention to the specified area of the premises. The future owner should know that if the property also includes the adjacent territory and common areas, then the utility tax will be calculated on this entire area. It is worth noting that for apartments, unlike rooms, houses and apartments, tax deductions are not provided. In addition to the area of the room, it is advisable for the buyer to take into account:

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

Nuances of registration in the 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 purpose of the apartment is for a hotel. Each time after 5 years, you can register again, and the number of times is not limited. Another option to obtain permanent registration is to wait until the state recognizes the apartments as residential properties, because a draft federal law in this regard has already been prepared by the Ministry of Construction.

If in the cadastral passport, other technical document, the main thing is that in the unified Rosreestr database the building is designated as a shopping or office center, also if the area itself is indicated for offices, catering outlets 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:

There should be no problems with temporary registration at the hotel;
You cannot even register temporarily in the apartments located in a retail and office building.

What is the apartment tax

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

On the Moscow housing market, apartments have ceased to be something exotic. In the first half of 2016, the supply volume of such real estate reached 37%, and the minimum budget for purchasing apartments within old Moscow during the same period decreased from 4.6 million rubles. up to an unprecedented 2.3 million rubles for the capital. “Kommersant” figured out how apartments differ from traditional apartments.

The differences between apartments and apartments can be divided into three groups. The first is the legal differences that are associated with the non-residential legal status of the apartments. The second is economic, namely the difference in the market and cadastral value of such objects, as well as the features of paying for utilities and taxes. Finally, the third group, technical, combines the differences in requirements for the design and construction of apartments.

From the point of view of the Housing Code, an apartment is a residential, isolated premises, which is real estate and is suitable for permanent residence of citizens (meets established sanitary and technical rules and regulations, and other legal requirements). In addition to apartments, the legislation also classifies a residential building (part of a residential building) and a room as residential premises. Apartments are classified as non-residential premises, that is, they are premises for temporary accommodation of citizens, not intended for permanent residence. According to the managing partner of Metrium Group, Maria Litinetskaya, the concept of “apartment” is mentioned only in the classification of hotel rooms given by the Ministry of Culture. According to this typology, an apartment is a room with an area of at least 40 square meters. m, consisting of two or more rooms (living room, dining room, bedroom) with a kitchenette. However, Ms. Litinetskaya continues, in practice developers are not guided by this definition, even if the apartment complex under construction has a hotel purpose.

Registration at place of residence

Permanent registration can only be obtained in residential premises - apartment, room, house. Permanent registration in Moscow makes it possible to receive an increase in pension (only for those who have lived in the capital for at least ten years), subsidies for utility bills, travel benefits for pensioners and minors on public transport, as well as the use of a landline telephone, the definition of a child in kindergarten, school and other educational institutions at the place of registration.

You cannot register in the apartments on a permanent basis, since such objects are classified as non-residential premises. But if the apartment complex has hotel status, then the owner of the apartment can obtain temporary registration for five years. Temporary registration gives practically the same rights as the owner of an apartment with permanent registration. However, says Maria Litinetskaya, when enrolling a child in a school who is not assigned to a place of residence, his application is considered after applications from residents of houses attached to the school and having permanent registration. Otherwise, there are no fundamental differences between temporary and permanent registration.

Owner's rights

Owners of apartments in a residential building own common property on the basis of shared ownership along with other residents. That is, all common areas, the roof and the yard are the property of the apartment owners. Accordingly, residents can jointly decide how to manage common spaces. For example, they can prevent unwanted use of basements, roofs, attics and other spaces. At the same time, continues the managing partner of Metrium Group, the owners of the apartments do not have the right of shared ownership of the common property in the apartment complex (landings, stairs, halls, elevators, elevator and other shafts, corridors, technical floors, attics, basements, in which there are engineering communications, etc.). For example, if the owners of the apartments decide to make a joint fenced vestibule on the landing, they will have to buy or rent this area from the owner, who is usually the seller of the apartment or the management company. However, adds Maria Litinetskaya, you need to understand that the management company lives off payments from apartment owners and it is not profitable for it to spoil relations with them.

There is also a difference when foreclosure is filed against the owners. When a homeowner becomes a debtor and the court orders the confiscation of his property in favor of creditors, the bailiffs cannot evict him from the apartment if it is his only place of residence. The exception is housing purchased with a mortgage. The owner of the apartment may be evicted in the event of foreclosure.

Prices and taxes

Condos are more expensive than apartments because the developer of a residential apartment building initially incurs higher costs associated with obtaining all the necessary permits. The difference in the cost of apartments and apartments reaches 30% on average, depending on the project. This is due to the fact that the developer incurs lower construction costs and can afford to offer the property at reduced prices without sacrificing profits.

Average cost of apartments and apartments based on the results of the first half of 2016 (million rubles)

Source: Metrium Group.

Taxation for owners of apartments and apartments is noticeably different. Thus, the property tax of apartment owners is calculated based on the cadastral value. The area of the apartment is multiplied by the cadastral value per square meter, and then by the tax rate. The property tax rate for residential premises is set in each region by decision of local authorities. In Moscow it is 0.1%.

Apartment owners must also pay property tax, which, as in the case of apartments, is calculated based on the cadastral value of the property. But, Ms. Litinetskaya clarifies, there are two fundamental differences in the taxation of apartments. Firstly, the cadastral value of such projects is approximately 1.5 times lower, and secondly, the property tax rate for them is higher. The rate ranges from 0.5% to 2%. At the same time, 2% is applied for areas located in administrative, business and shopping centers, objects Catering and consumer services, 0.5% - for apartments in a hotel building. Currently, the Moscow City Duma is considering a bill that proposes to set the minimum rate for all types of apartments at 0.5%.

Tax deductions and benefits

When calculating property tax on an apartment, a tax-free deduction is provided for the value of one residential property: 10 sq. m - for rooms, 20 sq. m - for an apartment and 50 sq. m - for home. That is, the tax base will be equal to the area of the apartment minus 20 square meters. m. In addition, the law provides benefits for 15 categories of citizens who are exempt from taxation. Also, when buying and selling an apartment, the owner has the right to receive a tax deduction for previously paid personal income tax. The tax deduction is equal to 13% of the cost of the apartment, which does not exceed 2 million rubles. That is, the maximum value of the tax deduction is 260 thousand rubles.

Until September 2016, tax deductions and benefits in Moscow did not apply to apartments as non-residential premises. But now the capital’s legislation allows owners of such real estate to receive tax benefits, provided that the non-residential premises are included in the register of apartments approved by the Moscow government or are located in a building included in the said register. There are a few more requirements: the area of the apartment should not exceed 300 square meters. m, the cadastral value as of January 1 of the year, which is the tax period, is at least 100 thousand rubles. per sq. m. In addition, the apartments have not been converted into an office and are not used by the taxpayer in business activities.

Until 2015, apartment owners were required to pay a tax on land owned jointly by residents of an apartment building. However, this payment was included in the property tax, recalls Metrium Group. Since 2015, these fees have been divided into two separate taxes - for apartments and for land. Apartment owners, like owners of other premises in any building, also have the right to a share of the land on which the building is located. In this regard, they are required to pay land tax. Land tax is paid based on the cadastral value of the plot corresponding to the area of the apartment. In Moscow, this rate is 1.5%.

Public utilities

As a rule, utility bills for apartments have a higher coefficient compared to apartment rates. According to Metrium Group estimates, tariffs for water supply are higher by 12%, for wastewater disposal - 8%, for heat - 25%, for electricity - 36% (based on the average tariff of 2.5 rubles / kWh). The exact cost of utilities depends on the tariffs established for non-residential premises in accordance with agreements concluded by the management company and the utility supplier.

Utility costs for apartment owners

Apartments are premises that have the necessary conditions for living, but not related to housing stock.

As a rule, apartments are arranged in commercial centers where offices are located. They are equipped with everything you might need for a comfortable life. They are represented by at least two living rooms.

Their total area must be at least 40 sq. m. this is a kind of intermediate link between a hotel room and an apartment.

The following apartment options are available:

Apartment services:

Concierges,
Cleaning services,
Security,
CCTV.

In this case, utilities are handled by the management company servicing the building.

Differences between an apartment and an apartment

Their main difference from apartments is that they can be registered for a period not exceeding 5 years. But after this period has expired, registration can be renewed. This is because they are sold in commercial buildings owned by organizations.

There are also a number of other differences:

The apartment is more expensive apartments
During the construction of apartments the developer is obliged to take care of social infrastructure, which cannot be said about apartments.
Living in an apartment, you can obtain permanent registration. Only temporary registration is allowed in the apartments.
The size of utilities in the apartment services below.
You can get a subsidy to pay utility bills.
Apartment owners located in an apartment building, own all common premises on an equal basis with the owners of other apartments. The same cannot be said about the apartment owners.
Apartment owners can, together with the owners For other apartments, choose a management company.
Having decided to remodel the apartment, you will have to obtain the appropriate permission. If you decide to remodel the apartment, you will not need permission.

What is an apartment?

An apartment is a separate premises located in a multi-apartment residential building. The apartment is intended for human habitation.

It has the following rooms:

Kitchen,
Living rooms,
Hallway,
Bathroom.

But sometimes there are also non-standard apartments without finishing with an open layout or studio apartments.

Legal status of the apartments

From a legal point of view, apartments are represented by a room, which must have an area of at least 40 square meters. m., bathroom, at least 2 living rooms and kitchen equipment.

According to current legislation, apartments cannot be considered as a separate type of real estate. They consider accommodation rooms to be the highest category.

Price

Apartments are cheaper than apartments of the same class. On average, the difference reaches more than 20%. This is largely due to the fact that the apartments do not have residential status and the developer does not have to obtain the necessary permits.

In addition, there is no need to comply with certain building codes that are mandatory when constructing a residential building. Therefore, the developer can seriously save money when constructing the complex. Also more low price associated with the compact size of premises and high population density.

Registration Features

From a legal point of view, apartments cannot be used for permanent residence. But based on practice, they are equipped with everything you need for a comfortable life. But here you will not be able to obtain permanent registration.

The apartments allow temporary registration at the place of residence, the period of which is no more than 5 years. After this time, registration can be renewed.

Interestingly, not only people, but also companies are registered in the apartments. This allows you to open a representative office of your organization at this address. As a result, the apartments are used not only for living, but also for organizing a store, exhibition or regular office.

Lack of objects of social significance

The relatively low cost of apartments is largely due to the fact that from the developer large complexes there is no obligation to develop social infrastructure. This is not a problem, since most complexes are being built in areas with established infrastructure.

Permission to redevelop apartments is not required

Apartments are not housing from a legal point of view. And the complexes themselves, in which the apartments are located, do not belong to the category of residential buildings.

Therefore, issues of redevelopment of such premises are regulated by the general norms of the Urban Planning Complex. Permission for redevelopment will not be required if the changes do not affect the structure of non-residential buildings.

Difficulties in managing non-residential buildings and differences in property taxes

The maintenance and operation of apartments are not subject to regulation by law, because there are no clear management rules for them.

In practice, the developer creates a management company that performs the following actions:

Ensures the current condition and operation, and, if necessary, repair of common property;
Assigns an amount for the provided utility and operational services,
Responsible for the general management of the non-residential complex.

As for the cost of operating expenses, it is determined by the following parameters:

Location,
Quality management,
The state of the complex
The range of services provided.

The property tax here is significantly higher compared to the tax established for residential property owners.

The following tax rates apply:

0.1% for non-residential and residential premises, the cost of which is no more than 300 thousand rubles;
0,3 % if the cost of the object is within 300-500 thousand rubles;
0,6 % for premises costing 500-1000 thousand rubles.

The tax rate on more expensive properties depends on whether the property is residential or non-residential. So, if the living space is worth more than 1 million rubles, the tax rate will be 0,75 % . If the non-residential premises are worth from 1 before 1.5 million rubles , the tax rate will be 1,2 % .

If the cost more 1.5 million rubles th, the tax rate will be 2 % . At the same time, a relatively small inventory value is maintained, which can differ tens of times from the market value.

Nature of acquisition

Today, investors are increasingly attracted to apartments. They use them to rent out. This type of property has a number of advantages even over apartments located in new luxury and business-level buildings.

With the same rental amount, the price of apartments is significantly lower than the price of similar apartments.
They have better transport accessibility.
They are located in the center and closer to the city center.

Buyers of this type of real estate include the following categories:

Golden youth which strives to maintain high level life in everything; Dmitry Balandin

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 effect, 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 separate species 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 status 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 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 in it legal entities. This is very convenient for some companies, as it allows you to organize a representative “front office” with meeting rooms in the apartment.

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