The acquisition of apartments pros and cons. Big difference

Recently, such a format of real estate as apartments is rapidly developing - apartments that are not related to the housing stock, but suitable for living. They are actively laid in the projects of administrative buildings and hotel complexes.

“The supply of apartments in 2015 amounted to about 693.3 thousand square meters. m in 97 projects, of which 21 are related to the reconstruction of buildings. The supply of apartments showed a positive trend by 12.4%, while in 2014 this figure was 48.2%, ”says the head of the analytical and consulting center Est-a-Tet.

According to his estimates, apartments now account for 26% of the market for new buildings. Elizaveta Gudz, Deputy General Director for Analytics and Consulting at NDV Real Estate, gives close figures - 28%. The largest among those that entered the market last year are Tushino 2018, ZilArt, Symbol, SREDA, etc.

The main advantage of apartments over traditional residential real estate is the relatively low price.

“Apartments differ in more affordable prices compared to apartments in new buildings with similar characteristics. The difference in cost can be 20-25%, ”says Hudz.

According to Bogdanyuk, according to the results of 2015, the average weighted price for apartments was at the level of 357.2 thousand rubles / sq. m

“The apartment segment began to develop due to the lack of free sites in the capital for housing construction. First, developers introduced them as part of business centers, then former factories or plants began to turn into apartment complexes. Initially, this real estate format was designed for prosperous businessmen who used this housing for temporary residence, ”says Vladislav Melnikov, Senior Vice President of IFC Match Point.

Traditionally, apartments were bought as second housing, but now the situation has changed.

“We see that the target audience of the apartment and housing market is mixed. An important plus when choosing apartments is their cost. A similar apartment (by location, footage) will cost 10-15% more expensive today than apartments, ”says KR Properties loft project development and development director.

Nevertheless, when making such a purchase, it should be noted that there are a number of pitfalls that arise from the unstable legal status of apartments.
“The term itself is not fixed at all at the regional or federal level, however, we can say that the apartments, which are essentially residential real estate, are regulated by law and are taxed on a commercial basis. And there are pros and cons, ”says Vasily Itskov, Head of Dispute Resolution Practice at IFC Horizon Capital.

Problems with registration

From the point of view of the law, apartments are non-residential premises, not intended for permanent residence of citizens, thus, even being the owner and constantly living in such a room, registration in it is impossible. However, there is a loophole. You can get registration if the apartments are located in a hotel.

“The apartments are not residential premises, therefore, registration in them at the place of residence is impossible. Registration at the place of stay in non-residential premises is carried out only when the corresponding premises falls within the purview of a specialized institution - hotels, rest houses, hospitals, etc. The registration obligation lies in this case with the administration of the respective institution (paragraph 14 of the Rules No. 713). If the temporary residence is not part of the hotel or other means of accommodation (and we are talking about them), then there is simply no obligation to register, ”explains Maria Ponamoreva, senior lawyer at A2 Law Office.

It is worth noting that hotel registration, although it gives all the same rights as registration in a residential building, requires renewal every five years.

“Temporary registration for five years gives the owner of the apartment the same rights as a resident of an ordinary Moscow apartment, that is, he can attach to a local clinic, send his child to school or kindergarten, so families began to acquire apartments, including families with children” - says Melnikov.

Compound taxation

Since apartments are not part of the housing stock, you cannot get a tax deduction (13% tax exemption). In this case, taxes are taken at a higher rate.

“The difference in the amount of taxes is about 20-25%. For example, for an apartment for 5 million rubles. the owner will pay 4 thousand rubles. per year, and for apartments for 4 million rubles. - 20 thousand rubles, ”says Bogdanyuk.

If the tax base is determined on the basis of the cadastral value of the apartments, the tax rate will be 0.5% if the apartments are not located in the administrative-business or shopping center (complex); their appointment in accordance with the cadastral passport of the property or technical accounting documents does not provide for the placement of offices, retail facilities, catering and consumer services or similar objects are not actually located there; their cadastral value does not exceed 300 million rubles.

“If the apartment does not meet any of the above conditions, then the tax rate will be 2% (subparagraph 2 paragraph 2 of article 406 of the Tax Code of the Russian Federation). For comparison, the tax rate on residential premises is 0.1% (subparagraph 1, paragraph 2 of article 406 of the Tax Code of the Russian Federation), ”says Ponamoreva.

“When buying, you should pay attention to a number of factors that will affect the subsequent cost of ownership of the property. For example, it is absolutely necessary to study the original documentation for the building. If there is an office-commercial destination or a public catering, then the tax on such objects will be 1.2-2%, if the purpose is different, for example a hotel, then the tax will be 0.5%, ”advises Poduskov.

At the same time, the cadastral value of residential and non-residential premises in some areas may vary significantly, and residential facilities will be more expensive.

“Thus, in some cases, the apartment tax will be lower in money terms than for a similar apartment in terms of indicators,” Poduskov notes.

The management company itself sets the tariffs

Unlike residential (from the point of view of the law) real estate, the apartments are not subject to the requirements enshrined in the LCD regarding the management of common property. Thus, the residents of the apartments cannot influence the tariffs set by the management company for the operation of the building and the adjacent territory and infrastructure. Therefore, as a rule, payments for apartment owners are higher.

“On average, utilities in apartments are higher than in apartments by 15%. Total, the difference in the cost between the apartment and apartments due to the higher tax rate and utility bills apartment owners can compare with the purchase of an apartment after 50 years on average, ”says Bogdanyuk.

Infrastructure is not regulated in any way.

Since the apartments are not housing, the developer does not bear any obligations to the residents.

“The developer is not obliged to improve the territory adjacent to the object. Therefore, the question of the work that is planned to be carried out should be asked one of the first. The level of your comfort also depends on this. Will playgrounds be created, trees planted? How will traffic routes and pedestrians be organized? If the apartment complex involves not only a residential, but also an office cluster, then the last question should be paid special attention to - the routes for mothers with prams and clerks running for a smoke break should be divorced, ”advises the head of the T + T Architects architectural workshop.

The neighborhood of residential and office space, which is possible in apartments, should be taken into account primarily in advance for those who are going to live there. The work team behind the wall, regular visitors, couriers are not a very comfortable neighborhood. And if you consider the purchase of apartments for the organization of the office, it should be borne in mind that some developers are trying to limit this opportunity. For example, they issue a limited number of car passes to the territory.

Sanitary standards do not apply

“One of the points that are important to consider when buying an apartment is that the SanPiN standards established for residential premises and stipulating the appropriate level of lighting, noise insulation and insolation do not apply to these properties. The buyer needs to control this himself, ”says Trukhanov.

At the same time, there are frequent cases when apartments appear in old industrial buildings that have undergone reconstruction. Lofts undoubtedly have their own charm, but when acquiring such real estate, it is important to study the history of the building in which the renovation was carried out.

“First of all, find out what type of production was operating within these walls. If the activity of this enterprise was in one way or another connected with chemical production or with hazardous waste, this fact must in no case be neglected. Poisonous substances can be stored in the soil and even in the buildings themselves. But the decay period of such substances is not tens or even hundreds of years. Another important factor is the quality of the work performed - strengthening of supporting structures, foundations, reconstruction of walls, installation of all necessary systems, ”Trukhanov warns.

A bathroom in any part of the room

The main advantage arising from the unstable legal status of apartments is that during redevelopment the imagination is practically unlimited, unlike standard apartments, where there are rather strict requirements.

“When designing the architecture of the internal space and developing a planning solution, there are no such strict rules and regulations as for residential interiors. In particular, there is no distinction between residential and non-residential premises and wet spots. Thus, the kitchen and bathrooms can be located in any part of the room, which greatly expands the possibilities of the architect when working on the project. Of course, this does not mean that the owners of the apartments are not limited by anything during the repair and construction works. The main document that will have to be guided in the design and implementation of the project will be the regulations established by the management company for a particular object, ”says Ekaterina Svanidze, partner at DVEKATI design studio.

Apartments or apartments are really difficult choices. At first glance, apartments are an extremely attractive option. They are no different from apartments, they are cheaper, even with good finishes, and are often located in more prestigious areas. But, as they say, “good” does not happen free, especially when it comes to such large purchases as housing. Over time, your own apartments can become a serious headache. Especially if, when buying them, a person does not calculate all his further expenses with the help of a calculator and ... Civil Code.

Minus 1. Housing and communal services at a "commercial rate"

The first and main difference between an apartment and an apartment is that by its legal status the apartment is intended for living, and the apartment is a commercial property. That is, it is possible to live in them, and even at least all their lives, but they will not become an apartment from this. Apartments are not necessarily an office, some are designed as hotels.

In Soviet times, for the Olympics-80 in Moscow, several dozen multi-story hotels were built, in which tourists and official delegations were accommodated. And after the end of the games, these skyscrapers were redesigned into residential buildings, and the former hotel rooms were called hotel-type apartments and handed them over to Moscow waiting lists.

Now it’s not so simple - since the apartments are commercial real estate, despite the fact that the owners constantly live in them, then you have to pay for their use at a commercial rate. Payment for housing and communal services in apartments is 15-25% higher than in ordinary apartments. And this can be a big minus with the current increase in tariffs. In the end, if we calculate the overpayment, then an additional 2.5 thousand rubles per month in terms of 10 years of overpayment will turn into 300 thousand, and this amount is already close to the difference in price between apartments and apartments.

Minus 2. There is property, there is no “registration”

The apartments are not full housing. Therefore, it is impossible to register with them on an ongoing basis. It is clear that no one has canceled the temporary residence permit, but this is only possible if, before the start of construction, the entire building was announced by the developer and built as an apart-hotel or as a hotel.

Minus 3. And pay extra!

Another possible minus of apartments, if they are built outside the city, is the cost of connecting communications. Construction companies often save by buying land for construction in areas where electricity, water, sewage and gas are not supplied. Everything is great there: beautiful nature, a river ... But, selling apartments at discounted prices, construction companies “load” oblige buyers to pay extra for connecting communications. If we add to this the overpriced price for the transportation of electricity, gas, water and garbage, the difference in the payment for the "benefits of civilization" compared with ordinary apartments will grow not by a quarter, but even more. Especially when you consider the appetites of intermediary firms that are “associated” with local authorities.

Minus 4. Without a clinic and school

The authorities are not yet very concerned about the construction of schools, kindergartens and other social institutions near the apartment complexes. Formally, you will not find fault with officials - why do you need a school near the hotel or the "office town"? Who is there to teach? The local administration already has enough headaches. In addition, the law does not require companies involved in the construction of apartment complexes to equip neighborhoods with social infrastructure (it is precisely because of this that they can sell apartments cheaper than full-fledged housing). Therefore, there is a risk of buying an apartment very far from the nearest nurseries and hospitals.

Minus 5. The rent is without benefits

Owners of apartments do not have the right to use their benefits, subsidies and subsidies to pay for utilities. This means that war veterans, pensioners, large families, disabled people and other beneficiaries who bought housing in apartment complexes will be forced to pay "in full", and the increase in the tax rate on non-residential real estate promised some time ago may make apartments too expensive for some categories owners.

Minus 6. Communal slavery

The Housing Code stipulates that an apartment building is the common property of all residents. Therefore, apartment owners can choose for themselves a management company or organize their own HOA. The apartments are not mentioned in the code. And it often happens that the construction company itself acts as a housing office in order to establish predatory tariffs for a communal apartment.

Are there any pluses?

In addition to cost, an important plus of apartments is that the law does not prohibit redevelopment in them. You can create anything on your square meters, the main thing is not to jeopardize the design of the entire building.

It should also be borne in mind that the authorities have been pondering for several years to equate residential apartments with apartments. Given the fact that such problems in Russia are solved by officials without much enthusiasm, after 5-10 years, as market participants say, it will be possible to wait for progress in solving this issue.

Apartments - a phenomenon on the Russian housing market is quite new, and the fears associated with their purchase, most Russians are understandable. But as the experience of recent years shows, if the new owner has extra money for rent, he has a permanent residence permit in another place and he is not afraid of the unusual status of a house, then there is nothing wrong with buying an apartment.

The term "apartments" has been actively used in Russia over the past ten years. And if earlier this concept was fuzzy and blurry, today by it is meant an absolutely concrete type of real estate. “Apartments” are called:

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

Despite the fact that Russian law has long given a clear definition of the concept of "apartment", their legal status is still questionable by some experts.

“Consider the pros and cons of the new format of real estate, and also try to give an accurate definition of its legal status”

From a legal point of view, the term “apartments” is deciphered by the current legislation rather poorly. Until April 2011, the order of the Federal Tourism Agency No. 86 dated July 21, 2005 (now expired) was in force, according to which the apartment was understood to mean a room with an area of \u200b\u200bat least 40! square meters, consisting of two or more living rooms and equipped with a full bathroom and kitchen equipment.

In January 2011, the order of the Ministry of Sports and Tourism of the Russian Federation No. 35 (which entered into force on 04.15.2011) was issued, according to which the apartment cannot be considered as a separate type of real estate. This word means one of the highest categories of rooms located in accommodation facilities. The latter include hotels, inns, holiday homes, pensions, motels, motels and other facilities. In other words, an apartment is a comfortable room in any of the accommodation facilities, which is equipped with furniture and equipment of the appropriate class and is intended for temporary residence.

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

Service apartments
Apart-hotels
Condo hotels.

Premises located in the first three categories of real estate are leased (both long-term and short-term). Regardless of how long the rooms are rented, hotel guests are provided with hotel services. But there is also a type of hotel in which real estate can be purchased in the 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 residential construction sites, as well as the low demand for office premises that did not recover after the crisis. Several factors, including Moscow Government Decree No. 714-PP, which introduced a ban on spot construction, forced Moscow developers to look for workarounds to save their investments.

The transition to a new format of real estate (apartments) has become the best option for metropolitan developers. Today, many developers turn office buildings into small blocks that are equipped with everything necessary for a comfortable stay, after which they rent or sell such blocks. Thus, within the framework of one project, the developer manages to combine office, residential and retail space. But it is worth considering that apartments can only be called dwelling 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 LC RF, the following objects are referred to residential premises:

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

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

Hotels (apartments), rest houses, motels, boarding houses, hotels and other accommodation facilities have other functional purposes. They are used for temporary stay of citizens, unlike 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 necessary technical and sanitary standards.

Cons of apartments

It is worth noting that the presence of such negative factors as the status of non-residential premises and the impossibility of registration does not deter potential buyers from the apartments. This is explained by the fact that their contingent is quite specific - top managers of large companies, employees of foreign companies, businessmen, who spend most of their time on business trips.

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

Pros of apartments

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

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

Last update: 10/10/2017

Question:

I am going to buy housing in Moscow. In addition to ordinary apartments, they also offer another type of housing - apartments. What is the difference between an apartment and an apartment? Which is better and more profitable for living?

Answer:

In short and general terms, it is better to buy an ordinary apartment for permanent residence of an average family. It is more profitable to purchase apartments as an investment object - for investing available funds and obtaining a small stable income.

But this is generalized. In fact, everything is a little more complicated. For those who want to delve deeper - consider the question in more detail.

What is better to choose for purchase - apartment or apartment - depends on the goals and capabilities of the Buyer. The key differences between these two housing formats in their price and legal status . The price of apartments, as a rule, is noticeably lower than that of a similar apartment in the same area ( if we are not talking about luxury apartments as part of office and hotel complexes) And the legal status of apartments does not at all classify them as residential premises. Legally apartments are commercial property. And it is this status that changes a lot in terms of purchase, compared to traditional residential real estate (more about that below).

First you need to explain what is the difference between an apartment and an apartment in the legal sense , and how do they differ technically .

What is an apartment? What is their difference from an ordinary apartment?

Outwardly, both are urban housing. That is, premises physically designed for people to live in. Physically, but not legally! Visually, it can be difficult to distinguish between an ordinary apartment building and an apartment building. On this their similarity ends, and begin differences.

Apartments as a type of accommodation are characteristic only for large cities, in which active construction is already underway. In such cities, as a rule, the development of territories is rather dense ( especially closer to the center), and to build new residential areas there is not always possible. Land scarcity and urban restrictions they do not allow building apartment buildings in these places. And clean up for housing, for example, the former urban industrial zone ( demolition of capital buildings, transfer of communications, changing the status of the land) - Too expensive a pleasure.

After registration in the property, the owner of the apartment can subsequently make all the same transactions with him as with an ordinary apartment ( give, bequeath, sell) Although it will be written in it - "non-residential premises" .

Who is buying an apartment?

In Moscow, for example, apartments are usually bought by those who already have housing with a permanent residence permit. Then they are used like a second home (for "physical presence") - more convenient in location, comfortable in layout, and prestigious in status ( if it is an expensive complex).

The owners of the apartments are both Muscovites themselves and visiting businessmen ( including foreign expats), for which such a format is also very convenient. He is also called "Apartment for a jacket" , emphasizing thereby its as if business mission. These business apartments are not very suitable for the whole family ( especially if the family is large and with children), but are great for a solitary habitat and for different meetings ( business and not very ...).

Apartments are bought and creative people used to think outside the box and live unusual. They can use these rooms at the same time as a studio, a place for meetings and parties, a workshop, a recreation area, a warehouse of their works, a personal representative office, a bedroom, a dressing room and much more that can climb into their heads. Fortunately, the status of "non-housing" allows you to do anything there.

And of course, the apartments are taken by those who decided to invest free money in real estate. They are then leased at prices comparable to the rental price of the same class of apartments. And since the purchase price was much lower, then commercial gain from investing in apartments - higher than in ordinary apartments.

See the rules for preparing an apartment purchase and sale transaction on an interactive map. It will open in a pop-up window. "\u003e STEP-BY-STEP INSTRUCTIONS (will open in a popup window).

Such a format of real estate as apartments is still little known to the Russian buyer. Meanwhile, the average man, faced with the need to purchase housing, may face a choice: to buy him an ordinary apartment or apartments? At first glance, the only difference between them is the price, but is that so? What are apartments and what are the advantages and disadvantages of this property, read this article.

What is it?

Apartments are a new concept in the real estate market that has long existed in the West, but has come to Russia recently. Experts connect the emergence and distribution of this format of real estate in our country with the construction of the famous “Moscow City” in the capital, namely with the construction of this business center. In 2006, the sale of apartments located there was started.

From a legal point of view, the apartments are a separate living area of \u200b\u200bat least 40 square meters. At the same time, the apartments consist of two or more rooms, there is always a bathroom and a kitchen in them.

Types of apartments

Experts say that now on the market you can find four main types of apartments:

room in an apartment hotel. These are rooms for rent for a short period. It is understood that in such apartments there will be at least two rooms, a bathroom and a kitchen. It will also be possible to use the hotel service;
rooms in apartment buildings. These apartments are for long term rent. In addition to renting, it is proposed to use a service such as catering, cleaning, security, and so on;
rooms in a condominium hotel. These apartments can be redeemed for permanent residence, and can also be rented as part of a hotel service;
apartments in multifunctional complexes (intended only for use in apartments for sale, not for hotels or hotels). This type of housing involves their use as a full-fledged residential property with possible registration. It is most equal to the status of the apartment.

What's the catch?

Often apartments are perceived on the housing market as a fashion trend with a lot of advantages: price (lower than a “standard” apartment), transport accessibility, developed infrastructure, what more could you want? However, experts warn: this real estate has one significant drawback, entailing a number of other inconveniences: housing, attracting buyers at a price usually 20% lower than the cost of apartments, has the status of non-residential premises.

Recall, in accordance with article 16 of the LC RF, residential premises, the necessary characteristic of which is their functional purpose - permanent residence, include

residential building (part of a residential building);
apartment (part of the apartment);
room.

Apartments, like hotels, rest houses, sanatoriums and other accommodation facilities, are used for temporary stay of citizens.

Cons of apartments

Disadvantages of this type of housing are many. We list.

Problems with registration. Since the apartments are not intended for permanent residence, a citizen, even being the owner and constantly living in such a room, will not be able to register in it. However, there is a small loophole here, which has recently been actively used by developers and apartment owners. If the apartments are located in a hotel, then you can get a temporary registration (for a period of 5 years), which can then be renewed.
Wild Taxatione. Since the apartments are not part of the housing stock, you cannot get a tax deduction from them. In this case, taxes are taken at a higher rate. Experts note: usually the difference in the amount of taxes between an apartment and apartments is about 20-25%. For example, for an apartment for 5 million rubles. the owner will pay 4 thousand rubles a year, and for apartments for 4 million rubles - 20 thousand.
Management company sets tariffs on its own. Owners of apartments can not influence the tariffs set by the management company for the operation of the building and the adjacent territory and infrastructure. In this regard, often payments for apartment owners are higher than in apartments.
Territory. She may be lucky or not, as the developer is not obliged to improve the territory adjacent to the object.
Social infrastructure. As a rule, residents of apartments are forced to line up in kindergartens and schools that are not designed for them.
Sanitary standards. The SanPiN, which is installed for residential premises and is associated with the level of illumination, sound insulation and others, does not apply to apartments.
Parking problems. Shortage of stationary parking spaces or lack of underground parking.

Pros of apartments

Experts are unanimous: the quality flaws of apartments as a real estate segment are much greater than advantages. However, we list the advantages that this type of real estate has:

Housing price. In an apartment complex, the cost of a square will be 10–20% lower than the average market price in the region.
Convenient location. Apartment owners can live in the immediate vicinity of the place of work, sometimes even in the same building.
Decor. Freedom in the design of the premises.
Service. The format of the apartment implies the presence of additional services in the house, such as: a cleaning service, a concierge, a gym, since such a house is in fact half the hotel.
Work at home. Apartments, of course, can be used as a commercial enterprise. That is, at home you can legally organize a recruiting agency, a massage room, or rent your premises, register a legal entity in the apartment.

Summing up, I want to note once again that, since the status of apartments as an object of real estate is extremely unsteady, moreover, the term itself is not fixed at all at the regional or federal level, this type of housing is not suitable for everyone, since it has its own significant advantages and cons. Being essentially residential real estate, apartments are regulated by law and are taxed on a commercial basis - this is not suitable for everyone.