What is the difference between a studio apartment and an apartment? The difference between apartments and apartments
The residential and commercial real estate market is incredibly vast. When offering housing properties, realtors often call an apartment an apartment. This term becomes a kind of symbol of success, luxury, independence and wealth.
But are these concepts the same - apartment and apartment? Even the most superficial glance will determine that these are completely different things. Let's look at the difference between apartments and apartments. Let us determine how significant these differences are and why these concepts should be clearly distinguished.
What is an apartment?
The following definition is generally accepted. An apartment is a type of separate real estate used both for permanent residence and for rental. It has a separate entrance and is fully adapted for normal life: there are all necessary communications, heating, water supply, sewerage. Apartments are not the same, they differ from each other in their different location in the city, area, type of structure of a residential building, its number of floors 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: this includes secondary housing. Apartments for sale may be excellently renovated, but are usually not furnished.
Apartments: what is it?
Apartments equipped with modern communications, excellent furniture and located in hotel complexes, are called apartments. This is an elite luxury property used for temporary residence of wealthy guests. The main characteristics of such a facility are modern stylish design and full provision of household and technical communications. Accommodation in apartments is possible only on a temporary basis.
In other words, apartments are non-permanent housing, identical hotel room. And just like in a classic hotel room, an indispensable attribute of staying in it is full service at a time convenient for guests, including the full range of cleaning work, changing linen, providing parking spaces, specialized security services, and other infrastructure facilities.
This one is very popular in resort areas and metropolitan areas. Wealthy citizens often buy apartments in close proximity to work to save time. Comfortable complexes, so-called apart-hotels, are being built fairly close 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 a 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 living space with modern renovation, stylish furniture and built-in appliances.
Legal status of the apartments
In Russian legislation, the concept of “apartment” is not fixed, at the same time, the term “residential premises” is given a fairly broad definition. It is recognized as a separate premises as part of real estate, suitable for permanent residence and complying with established standards of sanitary, technical and other operational rules. The legislation provides for the following types of premises as residential premises: a house or part thereof, 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 it is residential premises 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 type, for example, office buildings. To be assigned the “apartment” status, belonging to the housing stock is required. In addition, there are differences between these concepts in other planes:
- according to the requirements of the Gosstandart resolution, the area of the apartment should not be less than 40 m2, and the number of rooms should be 2 or more; the presence of a bathroom and a kitchen is considered mandatory;
- Such requirements are not imposed on an apartment, which may have 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 a similar type, but operating costs are always higher. This is due to the fact that the cost utilities for apartment owners is significantly higher than their cost for residential property owners. In particular, heating services are higher by 20-30%, water supply and sanitation - by 12-25%. The presented figures are ambiguous; prices for housing and communal services depend not only on the regional location, but also on the nature of the connection of utilities with the networks of resource supply organizations. For example, if services are provided through intermediaries, then you will have to pay even more for them.
The absence of the concept of “apartments” in residential real estate does not allow their owners to apply for subsidies for utility bills, provided that their total monthly income for the last 6 months does not exceed established standards. Apartment owners cannot take advantage of the benefits regulated by the Housing Code. What is the difference between an apartment and an apartment, besides cost characteristics?
Registration Features
Purchasing an apartment presupposes the possibility of permanent registration at the residential address. It is impossible to register in apartments at your place of residence due to the fact that legally they are not housing.
The question of the possibility of temporary registration in apartments still remains unclear, although there is no direct prohibition on the exercise of such a right by 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, you should remember that the developer of such buildings has no obligation to construct social infrastructure facilities. Actually, this factor explains the relative cheapness of apartments - developers of hotel complexes, as a rule, do not build schools, kindergartens and clinics.
Despite the fact that realtors usually do not raise this problem or smooth it over with assurances that apart-hotel developments are carried out in areas with established infrastructure, one should not forget about it. In megacities, the volume of construction and sale of such complexes is very significant, and social facilities not in every district can provide an increase in unregistered users.
The management of Moscow's urban planning department plans to approve construction standards obliging developers 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.
Permission to redevelop apartments is not required
How are apartments different from apartments? The fact that the need or possibility of redevelopment of these premises is regulated general provisions Town Planning Code, according to which permission is not required if the proposed changes do not bring about 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 apartment premises, then there are many problems in the organizational features of the functioning of such buildings.
Difficulties in managing non-residential buildings and differences in property taxes
According to the Housing Code, the technical premises of an apartment building (attics, basements, etc.) are in shared ownership of the owners of the residential premises. This rule is not provided for apartments. Therefore, the buyer purchasing them must remember that the ownership of the rest of the building and utility networks is with the developer, and he can impose on the owners the services of a management company that is beneficial to him.
In addition, the legislation adopted 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 quite impressive benefits are applied, then non-residential real estate, which includes apartments, is taxed at a significantly higher rate.
Nature of acquisition
The difference between apartments and apartments also manifests itself for purchasing purposes. The purchase of apartments, as a rule, is of an investment nature, i.e. in most cases they are bought for profit, while the purchase of an apartment has a pronounced social background - accommodation.
If the owner of an apartment registers as an individual entrepreneur and declares income from renting out 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.
Understanding 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 he pursues, only he knows. The status of the purchased property depends on the nature of the acquisition, opportunities, necessity or other conditions. Now, when considering a future purchase, you can clearly imagine how an apartment differs from an apartment.
Today apartments can be found not only in the luxury segment - more and more offers are appearing on the market. The apartments are in demand and have become available to a wide range of buyers. However, the acquisition of such real estate is fraught with a lot of peculiarities.
The first question that arises for the average person is what are apartments? Many people do not know that they are distinguished from apartments by a number of important details. And if previously large studio apartments were considered apartments, now this type of housing is acquiring more precise legal features, and apartments can be found even at 30 square meters. meters. Essentially, this is the same hotel where you can buy a room with a kitchen, and the price of which includes hotel infrastructure. There may already be places for recreation, fitness rooms, restaurants and spas, as well as office space and conference rooms, note specialists from the Azbuka Zhilya company. Apartments are non-residential premises; theoretically, they are commercial real estate. This is why many apartment complexes are converted office buildings. In Moscow, in areas where the development of residential properties is prohibited, it is quite legal to build apartments and sell them as residential premises. It will not be possible to register in such a place, but you can do temporary registration, and even then not everywhere and not always. That is, the main difference between apartments and apartments in Russia is their different legal status.
Tretyakova DariaHead of Consulting and Analytics Department at Azbuka Zhilya“For a family with children, for example, the inability to register in an apartment is a significant disadvantage for life. Accordingly, difficulties will arise with the use of district clinics, kindergartens and schools. It is quite difficult to get a mortgage loan to buy an apartment. And programs aimed at supporting the purchase of housing do not apply to apartments. Unlike an apartment, an apartment can be seized by a creditor from the owner, even if it is his only home.”
However, apartment owners are of little interest in registration, Hospitality Income analysts note. As a rule, such properties are purchased as a second or third home for wealthy people. Typically, expensive apartments are purchased by employees of foreign companies, top managers, and businessmen - location and hotel service are important to them, notes Daria Tretyakova, head of the consulting and analytics department at Azbuka Zhilya. In addition, the status of non-residential premises allows apartment owners to register legal entities, which can be convenient for the company.
Elena Lysenkova CEO of Hospitality Income“This format of residential real estate, veiled as a hotel format, which came to us from the West, is being implemented in many Russian cities and, in general, has become familiar. And the fact that registration in them is impossible does not bother anyone. If we talk about the development of the apartment market in general, then the direction of apartment real estate is currently developing in two formats. In the apart-hotel format, when the hotel complex was originally created to rent out rooms for temporary accommodation of guests, but these rooms have more spacious characteristics compared to classic hotel rooms. And service apartments, which are a complex of apartments that are first sold to the market to end users, who, in turn, can transfer these apartments to the management of a professional centralized management company that will rent out and maintain the apartments.”
The disadvantages include operating costs and increased taxes. Today it is five times more for apartments than for an apartment, and monthly service fees can vary from 15 to 40 thousand per month or more. But the apartments are much cheaper - 15-20% lower than apartments of the same level. This is largely due to the lack of infrastructure - the developer is not obliged to build clinics, kindergartens and schools, as is done in the case of apartments. For example, the center of Moscow is experiencing tension - schools and kindergartens are overcrowded, and the number of apartment complexes is growing. In addition, such facilities may lack parking spaces, which also increases the load on city infrastructure.
Despite minor shortcomings, the apartments have a number of important advantages. And here, as they say, it’s a matter of taste and priorities: your choice should be based on the purpose for which you are purchasing housing. According to Hospitality Income Consulting specialists, the demand for apartments will only grow in the next three years.
Apartments as a housing class in Russia are already more than 10 years old. Apartments have become almost a familiar word on the real estate market. However, questions from the series: “How are apartments different from ordinary apartments?” still arise today.
Non-residential housing
The main feature of apartments as a class of housing is that these premises belong to the non-residential stock. From a legal point of view, they are usually considered as commercial real estate intended for temporary residence. This is associated with both their advantages and disadvantages over ordinary apartments.
Advantages of the apartments
1. Favorable price.Previously, apartments belonged to elite housing, therefore, compared to “ordinary” apartments, they were quite expensive. Now you can find not only business class apartments, but also economy class ones.
The difference in price between an apartment and apartments of the same class of similar area in the same area is 15-25%. The apartment will definitely cost more than apartments..
2. Open plan. From a legal point of view, apartments are not housing, therefore their reconstruction is not subject to approval under housing legislation. As a rule, apartments haveopen plan , and their owner’s imagination during renovation is limited only by load-bearing walls and “wet areas”
3. Elite infrastructure. High-level apartments are intended for wealthy clients who are very demanding about the quality of infrastructure. On their territory or on the first floors of an apartment complex there are often banquet halls, SPA centers, fitness clubs, prestigious shops and even bank branches.
Economy class apartments are no different from ordinary apartments and may not have their own infrastructure at all.4. Convenient location. Due to their specific nature, apartments are not subject to city restrictions on “infill” development. They can be located in densely populated areas or on the top floors of premium business centers. City apartments are often purchased in order to save travel time - housing can be located five minutes from the office. And country complexes have the opportunity to offer their residents exclusive services, for example, membership in a nearby yacht club.
5. Closed ecosystem. Unlike urban apartment buildings, the developers of which are obliged to transfer part of the apartments to municipal housing, the apartment developer does not have such a burden. Therefore, residents of luxury apartments can move among people who are similar in social status, life values and hobbies.
Even in economy class apartments, the social status of the owners is higher compared to an ordinary apartment building. Since apartments are still a second home.
6. Attractiveness as an investment. Apartments, like apartments, can be rented out profitably for both long-term and short-term rent. Especially if the apartment has a good location.
Buying apartments with subsequent resale is now only relevant as a long-term investment. Increasing the tenure period from 3 to 5 years required for sale without paying income tax has made “quick” real estate transactions less profitable.
Disadvantages of the apartments
1. Impossibility of registration. Since apartments are not considered residential premises, it is impossible to obtain registration or long-term registration at the place of residence. Thus, apartment owners will not be able to obtain a Taxpayer Identification Number (TIN) or register with the labor exchange. The developer is not obligated to provide its clients with social infrastructure, so residents of such buildings receive places in schools and are assigned to clinics “secondarily”, after those who have permanent residence in the area.
For most apartment buyers, the registration issue is not a serious issue.For many owners of such housing, the apartment is their second or third apartment.Owners of luxury real estate use paid health insurance programs and take their children to private educational institutions. Well, for those who are “running” from the army or alimony, the lack of registration can even be a plus.
2. Higher taxes. If the tax rate for an apartment is 0.1 -0.3% of the cadastral value, then for apartments this payment is higher from 0.5 to 2%. However, it should be taken into account that apartments are cheaper than apartments of similar size, so the tax base in the case of apartments is less, as is the final tax amount.
3. Higher utility bills. Tariffs for water supply, sewerage, heating and electricity for apartments are calculated as for non-residential premises, therefore, compared to ordinary apartments, apartments will be more expensive to maintain. The difference is only 10–25%, that is, 2–4 thousand rubles in absolute terms, which is unlikely to be of fundamental importance and which is unlikely to be of fundamental importance for buyers of business and premium class real estate.
4. Lack of housing benefits. Since apartments are not considered residential premises, their owner cannot claim a property deduction or tax exemption when selling real estate after three years of ownership. In addition, in the event of litigation, the apartments are not subject to Article 79 of the Federal Legislation of the Russian Federation, that is, a penalty may be imposed on them, even if they are the only place of residence of the debtor citizen and his family. Finally, regional laws on housing subsidies do not apply to apartment owners.
From 2014 to 2016, the press periodically reported plans at the legislative level to equate apartments to apartments. Or at least allow long-term registration (registration) in them. The developer lobby will certainly continue to put pressure on the authorities. And perhaps such a decision will still be made. For example, as a less expensive (compared to state support for mortgages) way to support the construction business during a crisis.
Enjoy the shopping!
p.s. On January 20, 2017, Sberbank began issuing loans for the purchase of apartments under construction. The rate is 11.5-13% per annum.
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From the point of view of law and law
Last time we started telling, It’s time to talk about laws: let’s figure out how apartments differ from apartments.
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 also does not make the apartment residential real estate. A building with apartments is not considered an apartment building, even if it has a management company, mailboxes in the hallways and swings in the yard. For the state, apartments are a type of commercial real estate. This is the main difference between apartments and apartments.
You can save a million rubles when purchasing and then lose much more if you don’t calculate everything in advance. Losses are not always measured in money and may be irreversible.
Everyone is responsible for themselves
We will tell you the most important things about apartments from the point of view of law and economics, and you can decide for yourself whether you need it or not. In any case, buying real estate is a matter in which it is better to seek help from professionals. It’s a big mistake to think that now they will tell you everything on the Internet. There are many nuances in this matter. Consult 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 from the outside, it is still not housing.
If you own apartments, most likely you are the owner of commercial real estate, not an apartment. In this case, laws that relate to housing will not apply to apartments. If you are reading the rules of state support, mortgage terms or requirements for beneficiaries and the words “housing, living quarters” appear there, this is unlikely to concern 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, reinforced floors, natural lighting, ceiling heights, sound insulation and even the slope of stairs. These requirements do not apply to non-residential apartments.
Theoretically, there are 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 real estate. For example, the purpose of a building and its premises can be easily found in the project declaration, which will certainly 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 the certificate does not say this, by default you own part of the roof, facade, common balconies, entrance, basement, staircases, 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 rights to common property. But the Supreme Arbitration Court explained 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.
There are both advantages and disadvantages to this approach. 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 makes sense for everyone to pay for them. In a non-residential building, in addition to apartments, there may be offices, retail 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 bought an apartment, lives there with children and never visits the lobby of the business center, they could theoretically be required to pay for the maintenance of this part of the building. A specific management company can establish its own regime, but by default the explanations of the Supreme Court work this 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 commercial property requires the services of gardeners, butlers and concierges, apartment owners will pay for them. On the one hand, this allows you to build apartments of incredible beauty and convenience. On the other hand, you can get services that you don’t really need.
Home management
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 need to be repaired, light bulbs need to be screwed in; in the local area you need to build platforms and put up benches, mow lawns and put up bollards, paint fences, sweep leaves. Who will do it, how and for what money is an open question.
Apartment. In an apartment building, management issues are handled by a management company or HOA. The management company is selected by a meeting of owners. It also makes key decisions about managing the house. The meeting of owners is democracy in action: each owner has some kind of “weight” depending on the area of his apartment and he can vote with this “weight”.
Active residents can campaign, unite groups of owners around themselves and influence votes - just like in the normal democratic process. If a young mother has the time and desire, she will organize everything and there will be ramps for strollers at the entrances. Pensioners can unite and vote to ensure that there is no parking in the yard. And if car owners have more votes, then pensioners will be left without benches and green areas, and parking will expand - and all this at the general expense.
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 building or control the decisions of such owners. This is, of course, impossible in real life, so all residents 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 the offices, but rents them out, retaining ownership. Or the entire office and retail part is bought by a development company. This is how a majority owner appears - the one who owns the majority of votes. And whoever has the majority of votes has the right to make decisions about the house alone.
This is unlikely if the complex consists only of apartments. But this cannot be ruled out: you do not know who they belong to. Maybe a businessman bought the building and opened a hotel there. Has the right: appointment allows.
If in front of you is a complex of offices and apartments or, for example, an apartment high-rise sticking out of the belly shopping center- there is a risk. And very tall.
The majority owner can vote for increased tariffs, appoint a management company convenient for him, hire a gardener from Rublyovka, install a monument in his honor in the center of the yard, or rent out the first floor for a karaoke club, which will only feature songs by Grigory Leps. Apartment residents 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 right.
Relations with neighbors
Apartment. By law, neither you nor anyone else can use residential premises for business. You cannot legally set up an office or a mini-hotel in an apartment; you cannot open a cafe, sauna, recording studio or site for rap battles in it. The premises need to be converted into non-residential ones, and this is not always possible.
The difference between an apartment and an apartment is that for residential buildings there is a silence mode: after a certain time you cannot make noise in the apartments. If you live in a real apartment building, and cheap punches are constantly heard 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 requirements of supervisory authorities. These requirements are not the same as for apartments. Apartments may have different purposes, but they are always non-residential. In a hotel-type apartment you can live like in an apartment, and someone will buy several neighboring ones to rent to business travelers, foreigners and couples in love - this is legal.
There are no requirements for silence or soundproofing for the apartments - neighbors through the wall can play drums at night.
They can open a bar on the ground floor without your permission, demolishing part of the wall and blocking your view. The difference between an apartment and an apartment is that in a regular house they would ask the residents’ permission, but in an apartment complex they may not ask. People can walk through your entrance to the office of a network company. Moreover, the security will be obliged to issue them passes.
This does not mean that when buying an apartment you will necessarily encounter such problems. Maybe quiet families will live next to you and the whole complex will be populated by ordinary people. And only the first floor will be rented out for offices and shops, and a notary, pharmacies, groceries, a bank branch and a children's center will be located there - everything you dreamed of. But when buying, you need to be aware that a complex with apartments is not an apartment building. It is not covered by the housing code, and residents have fewer rights.
Seizure for debts
Apartment. According to the law, the only housing cannot be taken away 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, their property will not be taken away from them and their family will not be evicted onto 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 their collection. It doesn’t matter that there is a family living there who bought an apartment for permanent residence, they have no 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 to pay off a debt. For example, if the owner is an individual entrepreneur, he has accumulated debts to creditors and the tax office. His family and children live in the apartment, but this property is not protected from foreclosure.
Deductions when purchasing real estate
Apartment. The difference between an apartment and an apartment is that when you buy it, you can claim a deduction and get a tax refund. If you buy an apartment while married and neither spouse has used the deduction before, the family will be able to return up to 520 thousand rubles. Additionally, the state will return 13% of the mortgage interest paid - 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 plans to live there permanently.
Apartment. Residents of apartments are not mentioned in the list of consumers who are equated to the population. Despite the fact that ordinary people live in the apartments, it is believed that electricity is supplied there for commercial needs.
Property tax
Apartment. Property taxes are calculated at rates for residential premises. They may vary depending on the region and the price of the apartment, but there are federal standards. Residents will pay 0.1% of the cadastral value for the apartment. In this case, you can use a property tax deduction of 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 for apartments in any region. For example, if the area of an apartment is 39 square meters, then the tax will be charged only on 19 square meters and at a rate of 0.1%. For apartments over 10 million rubles in Moscow, the rate rises to 0.15%, but it is still much lower than for apartments. There are also reduction 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 approximately five times more property tax compared to an apartment - 0.5%. It may be possible to save a little due to the lower cadastral value. 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 with an area of 39 m²
Using data from the website of the complex in Fili as an example, provided that the apartments are 20% cheaper than apartments
Price per 1 m²
Apartment
RUB 336,000
Apartment
RUR 269,000
Price
Apartment
RUB 336,000
Apartment
RUR 269,000
Price
Apartment
13 million R
Apartment
10.5 million R
Tax deduction
Apartment
Apartment
The tax base
Apartment
19 m² × 336,000 = 6.38 million RUR
Apartment
39 m² × 269,000 = 10.5 million RUR
Property tax rate
Apartment
Apartment
Annual property tax
Apartment
9576 R
Apartment
RUB 52,500
In Moscow there is a reduction factor for apartments, but it only applies to those complexes that are included in the official register of apartments and meet other requirements. In March 2018, this register was expanded - there are now 16 apartment complexes. If a complex is not on the register, there are no benefits for it.
Other property tax benefits in the regions, for example for pensioners, disabled people and large families, also do not apply to apartments.
If you are choosing between an apartment and an apartment, find out the rate for a specific property and calculate the tax yourself with the help of an expert. Don’t even believe the calculations on the developers’ websites. 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, but no one is going to include the complex in the register.
Major renovation
Apartment. Owners of residential premises in apartment buildings make mandatory contributions to the capital repair fund. Then, this money is used to carry out major repairs of common property. We told you that the minimum contribution for major repairs 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 contributions to the capital repair fund every month. But when the time comes to repair common property, you won’t be able to rely on accumulated contributions and financing either. But as a rule, apartments are purchased in new buildings that will not require major renovations soon.
Comparison of payments for major repairs for an apartment and an apartment with an area of 39 m²
Minimum payment per m²
Apartment
17 R
Apartment
0 R
Mandatory payment per month
Apartment
663 R
Apartment
0 R
Contributions for major repairs per year
Apartment
7960 R
Apartment
0 R
Social infrastructure and technical requirements
Apartment. The state must 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 city planning regulations, but also by federal laws.
Noisy industries or hazardous facilities should not be built in a residential area. And if even a mini-production appears, there should be a sanitary zone around it. The entrance to a store in a residential building should be separate, and not through the entrance. The noise level in apartments must correspond to the guest, and sanitary standards have been established for apartments. If a deviation is found, you can demand a penalty or force the developer to correct the deficiencies.
Apartment. There are no such urban planning standards for commercial development zones. It may turn out that there is no school or clinic in the area where the apartment complex is located. The city is not obligated 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 a separate one will not be built for them. kindergarten and will not schedule a place at the nearest school.
For apartments there are no strict requirements for sanitary standards, characteristics of materials, 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.
Transferring an apartment to residential premises
Non-residential premises can theoretically be considered residential. To do this, the entire building must be officially converted into an apartment building. A separate apartment cannot be recognized as an apartment. And although such a mechanism exists on paper, it is impossible for an individual apartment owner to implement it in practice.
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 urban plan includes a site for a business center or a hotel, but there is not enough space for a microdistrict with parking lots, schools, clinics and sanitary zones. Or the location is not suitable for residential development due to the proximity of industrial facilities. An apartment may be your only chance to buy real estate to live in the right location, such as close to work or in the city center.
Most ordinary citizens, when they hear the word “apartment,” imagine... However, Russian legislation interprets this term completely differently and classifies this type of real estate as non-residential. Therefore, everyone who has decided to buy a home should know what an apartment and an apartment are, what is the difference between these types of premises, the nuances of legal registration and residence.
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Apartments - what does it mean?
Appart comes from the French word meaning “private large room.” In Europe, this refers to a premises of one or more rooms for sale or rent. In principle, an apartment is an apartment with an area of 40 m2 with two or more luxury rooms for living. They are typical for sanatoriums, boarding houses, hotels, motels, hotels, etc. Some may wonder what are apartments in a residential building? They do not exist in ordinary multi-apartment buildings, since in Russia apartments are not included in the housing stock, living in them is possible only on a temporary basis.
Pros and cons of apartments
As a rule, many people, when deciding to buy real estate, are faced with a choice of what kind of housing to buy -, etc. And such a concept as apartments complicates this procedure. To make the task easier, let's consider the following question: what are the advantages and disadvantages of buying this type of real estate? Let’s also look at: are apartments residential or non-residential premises?
| pros | Flaws |
| Convenient location (usually the city center). | Impossibility of registration (only temporary registration for 5 years with the need for renewal). |
| Price. As a rule, 20% lower than prices for regular apartments. | The high cost of “utilities”, since tariffs are carried out as for a non-residential property. |
| There are no restrictions on redevelopment of the premises, as there are for residential properties. | High taxes, which is typical for non-residential premises. |
| Availability of developed infrastructure (shops, restaurants, shopping centers, clubs, cinemas, etc.). | Lack of opportunity to apply for subsidies and benefits. |
| Living close to your place of work, especially if the office is located in the same building. | Difficulties in obtaining a mortgage for the purchase of apartments. |
| Possibility of moving immediately after the building is put into operation. | Inconveniences associated with the close location of offices and their employees. |
| Housing with modern finishes. | Not a suitable option for families with children. |
What is the difference between an apartment and an apartment: the legal side of the issue
As already mentioned, apartments are not real estate intended for permanent residence, since they are classified as non-residential premises. Even when the owner has all the documents for ownership, he will not be able to obtain registration at his place of residence. And this is the main difference from ordinary housing that the buyer needs to know about. But what is the legal difference between apartments and apartments?
How do apartments differ from a regular apartment in terms of registration?
At the moment it is impossible to obtain a registration in the apartments, since they do not belong to the housing stock. However, the owner can apply for a temporary registration for a period of five years (must be continuously renewed), which gives the same rights as a permanent one. This is valid for apartments both in office centers and in hotel complexes. This provision applies to both business office centers and hotel-type complexes. Currently, at the legislative level, the question is being raised about the possibility of assigning apartments the status of residential premises and allowing permanent residence in them.
What are apartments in new buildings: requirements for the developer
The construction of apartment buildings is allowed only on plots not intended for residential buildings. For example, if it is strictly prohibited to build residential buildings in the immediate vicinity of a highway, then this will be a special obstacle for the construction of an apartment complex. It is also allowed to build apartment buildings on public and commercial land plots, as well as in former industrial zones.
When constructing buildings with apartments, the developer is not obliged to guarantee the availability of developed infrastructure. When selling such real estate, few companies are willing to act in accordance with Federal Law No. 214 “On Equity Participation,” which, in principle, does not guarantee investors full protection. This means that purchasing apartments in a new building is a riskier transaction than investing in the construction of a residential building.
Apartment or apartment: which is better in terms of paying for utilities?
For most people, buying an apartment is more profitable than an apartment, only from the point of view. This is due to the fact that the cost of their delivery to the consumer in such premises includes value added tax. In most cases, the difference in rent between apartments and apartments is 35% in favor of the latter. Therefore, the benefits of purchasing real estate in apartment buildings must be considered in the long term.
Why are apartments dangerous for receiving subsidies and benefits?
When deciding to purchase an apartment, you need to know one more important point. Owners of non-residential real estate cannot count on receiving, unlike owners of ordinary apartments. The level of income does not have any influence on this decision, since the housing code of the Russian Federation does not mention the category of apartment owners at all.
Differences between apartment and apartment taxes
The affordability of prices and convenient location of the apartments make them attractive for purchase. But this is just the tip of the iceberg. Despite their apparent similarity to ordinary housing, apartments are not residential premises with all the ensuing consequences. Therefore, a real estate buyer should know the difference between an apartment and an apartment in terms of taxes.
The amount of taxes on apartments is much higher than on ordinary apartments of the same area and consists of:
- the tax rate on non-residential premises is 0.5-2% of the cadastral value, while for ordinary housing this figure is 0.1%;
- cadastral value of non-residential premises, which, as a rule, is lower, but not more than twice, than apartments of similar value, which, however, does not fully compensate for the difference in rates;
- deductions for tax on apartments or houses (20 m for each owner and 50 m for pensioners - not subject to taxation), which do not apply to real estate from the non-residential fund.
From all of the above, it follows that for apartments you need to pay a higher property tax, almost equal to that assigned to the owners of office premises. However, in the future, if legally similar real estate is transferred to housing stock, then taxes will be the same as for owners of apartments and private houses.
Apartment or apartment: which is better and how the owners share common property
According to Russian housing legislation, property owners in apartment buildings also receive rights to a share in common property and technical premises. In the case of purchasing an apartment, the owner receives ownership only of the premises in which he lives and cannot claim a share in the common property in the building.
Is it possible to create an HOA for apartment owners?
Only the general meeting of the condominium association can appoint or remove a management company, and apartment owners can create a homeowners association (HOA), which will allow more efficient management of the residential building. Owners of apartments cannot create an HOA, but they can unite into simple partnerships and form non-profit partnerships.
Differences in obtaining permits for redevelopment
It will be required, and not all activities may be permitted. For example, you cannot move a toilet or bathtub to a living area. While there are no obstacles to completely re-equipping the apartments, and no permits are required. However, as in the case of apartments, the apartments have load-bearing walls, and all existing openings in them must be reinforced with metal structures.
Can apartments be converted into housing stock?
Many people, purchasing this type of real estate, hope to convert it into housing in the future with all the ensuing benefits. But is this possible? Yes, translation is possible, but you will have to face some difficulties. Usually there are no obstacles to this, unless the apartment was originally designed as a workshop or office.
The main condition for transferring to housing is that the premises have direct access to sunlight for at least two hours a day. Apartments must also comply with SanPin requirements for residential premises. To transfer to housing stock, you will need to collect and submit the following documents:
- relevant application for transfer;
- technical documentation for the premises;
- floor plans of the building;
- redevelopment project, if any;
- consent of neighbors;
- payment of state duty.
Why are apartments cheaper than apartments?
The lower cost of apartments, compared to ordinary housing, is due to several factors that directly affect the price of real estate. First, developers of apartment buildings and complexes incur lower permitting costs. Secondly, such projects usually do not have the same infrastructure requirements as in the case of residential real estate. And thirdly, thanks to existing lighting standards, the developer can provide a larger number of premises, which will significantly increase the likely profit.
How are apartments different from studios?
There is a large selection of different types of real estate on the modern market, and, continuing to consider this topic, it is worth mentioning their difference from apartments, townhouses, etc. Many people are interested in what is the difference between a studio and an apartment? In essence, this is a room in which there are practically no partitions and only the bathroom is completely isolated. Like the apartment, the studio has an open plan, is also suitable for families without children and costs approximately 30% less than traditional multi-room housing. The only difference is that the apartments are not included in the housing stock.
How is a living space different from an apartment?
In the Housing Code of the Russian Federation, Article 16 “Types of residential premises” it is stated that these include residential buildings, their parts, apartments and rooms. Article 15 explains this term in detail as an isolated property suitable for comfortable stay. Also, this premises must comply with the requirements of SNiP and housing legislation. Therefore, answering the question, what is the difference in the status of a residential premises and an apartment, we can say one thing - practically none.
Is it worth buying an apartment, from an expert’s point of view?
Purchasing an apartment is a good option for solving the housing problem on a limited budget. But buying this property can only be profitable in the following cases:
- there is already an apartment in which you can register;
- it is planned to rent out the premises;
- for combining home and office;
- limited budget for purchasing housing.
How much does it cost to rent an apartment?
In Europe, the practice of renting out apartments is widely developed. Gradually, it began to take root in Russia and brings quite legally good income in the form of 10% of the initial investment. To build a business for renting out premises, it is recommended to buy several apartments that are located in the same building and create a mini-hotel with comfortable living conditions.
One-room apartments can be rented monthly. At a rental cost of 35,000-40,000 rubles per month, excluding utilities, which will be paid by the tenant, you can fully return the money spent on their purchase within 10 years.
A few words in conclusion
We looked at what apartments are, their pros and cons, what is the difference between residential premises and an apartment, the nuances of design and the benefits of purchasing such real estate. As you can see, this is an excellent option for those who have limited funds, especially since there is a high probability of transferring them to housing stock and receiving all the ensuing benefits. We hope this article will help you when you decide to purchase real estate for yourself.