Apartments - legal status and purpose. Apartments vs. Apartments. The main differences for the buyer What is the difference between apartments and apartments

The social infrastructure of modern society in the real estate industry is constantly evolving in order to meet all the needs of citizens in obtaining housing. Therefore, in practice, one can observe the demand for apartments and apartments. Attention to these properties is directed by buyers and developers. However, before making a choice, you should understand the question “apartments and apartments: what is the difference”.

The difference between an apartment and an apartment is important in many aspects, while also having some similar features. This is primarily due to the fact that these two types of housing have different purposes when purchased. In addition, the difference between an apartment and an apartment is considered depending on the country in which this property is of interest to the buyer. In this article, we will consider the nuances directly for the Russian Federation.

To get an idea of ​​what an apartment is, you can mark this property as habitable, but at the same time having the status of temporary housing. Providing residents with a standard range of qualities, communication systems for a comfortable stay, the apartments are deprived of full benefits and some legal guarantees that are provided to the owners.

What is the difference between an apartment and an apartment in practice?

It should be noted that the main differences between an apartment and an apartment are in the legal status. For example, the Housing Code of the Russian Federation clearly defines real estate that may be related to the housing stock:

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• Apartment or part;
• Private house or part;
• Room.

In addition to the type of property, its main housing characteristics are functionality. In accordance with the current norms of Russian legislation, these are isolated premises suitable for living in them on a permanent basis. These premises must necessarily meet sanitary and hygienic standards, building codes, fire safety and other legislative criteria.

The above are requirements for familiar apartments, however, the functional purposes of the apartments are different. And this difference lies in the fact that they are intended for temporary residence of citizens. This means that from the legal point of view, this type of real estate is in the nature of non-residential premises, regardless of what was originally intended specifically for housing.

Apartment and apartment: payment difference

The difference between apartments and apartments is also observed in the cost of these two properties. The price of apartments on the market is lower, which gives them a seemingly tangible advantage. This fact is due to the fact that the developer is deprived of social obligations. But if, in the coming years, changes are made to Russian legislation regarding social nuances in the construction of such real estate, we can expect that a significant difference in cost will simply be erased.

At this stage, prices differ by an average of ten percent, and sometimes more. But despite the significantly reduced cost, the rent for their operation will be higher than in conventional apartments. Payment for housing and communal services is on average eighteen percent more than for the same services for housing in an apartment building. And if engineering and technical communication systems are brought up without mediation, then these services will become even more expensive.

Another nuance that you need to know about before purchasing a property is that there are no benefits and subsidies for apartment owners that apartment owners can use. And the level of income will not affect this fact in any way, since in the legislation, the same Housing Code, this category of owners is not mentioned.

What is the difference between an apartment and an apartment: the legal side

It has already been mentioned that, from the legal point of view, apartments are not in the full sense of the residential property. This is a kind of isolated room for temporary comfortable living, but close in characteristics to a hotel room.

In addition to the difference in the cost of the property and housing and communal services for its maintenance, it is also necessary to indicate that the owner, his family and other citizens can register in the apartment, but registration is not possible in the apartments. Because in the legal sense, this is not a living space. And although the owner will have all the necessary documents on hand that confirm his property rights, this will not give him the right to a residence permit. At the same time, even temporary registration can be problematic, since such registration is only allowed if they are in a building that has the status of an apart-hotel or hotel.

The next difference is the infrastructure itself in the social sphere - the developer is not required by law to take care of the location of polyclinics and educational institutions nearby.

Apartment or flat. common property

The Housing Code provides for an equivalent division of common property, responsibility for its maintenance between all owners of apartments in an apartment building. And such an order is not only provided for, it imposes a similar obligation. But nothing is said about the common property for apartment owners in the same regulations. That is, there are no obligations, but at the same time, in the event of disputes, litigation and other similar situations, considerable difficulties can arise. In addition, it is important to note that if the owner of an apartment, buying it, receives ownership along with it and part of the common facilities, then the buyer of the apartment receives only them and that's it. The rest of the building and its communications systems remain the property of the developer, which often means that the developer has the right to independently choose a management company with higher tariffs.

Here lies another distinctive point - the owners of apartments, by law, cannot create homeowners associations, because this type of real estate does not legally belong to the housing stock. But here you can use an alternative method - by signing an agreement to create a simple partnership or non-profit partnerships.

Apartments and flats: what's the difference? Advantages and disadvantages

For those who are faced with a choice in purchasing real estate, it will be useful to analyze the significant pros and cons of these two types of real estate:

Based on the foregoing, we can conclude that to a greater extent the choice between the options described in our article depends on the purpose of such an acquisition. For a family that has no other place of residence, this can hardly be called an ideal option, despite the cost of real estate. But for legal entities or for entrepreneurial activities with the rental of housing, the picture will have a completely different look.

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

Apartments - what is it?

Since apartments have been on the Russian real estate market for only a few years, not everyone understands what it is.

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

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

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

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

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

In Western countries, apartments are understood as housing of a hotel type with after-sales service.

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

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

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

Disadvantages of apartments

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

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

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

Meanwhile, there are also advantages.

Advantages of the apartments

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

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

• Good location.

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

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

• Uniqueness.

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

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

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

What is the difference between an apartment and an apartment?

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

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

Legal status of the apartments

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

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

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

A few years ago, such special objects as apartments appeared on the real estate market. With this concept, everyone is accustomed to associate some kind of elite housing with panoramic windows or chic rooms in foreign hotels. In part, this was once the case, but today everything has changed dramatically, and it is not so easy to understand what is the difference between an ordinary apartment and apartments in 2019.

What are apartments and what type of property do they belong to?

In order to understand the question posed, you must first find out what an apartment is and how they differ from an apartment. Turning to various sources, you can find out that this term has French or Italian roots, and is translated into Russian simply as “apartment”. Ushakov's dictionary defines an apartment as a large room or rest. However, this does not explain the legal difference between an apartment and an apartment.

If we turn to Russian housing legislation, we can easily find out what residential premises mean:

• residential building or part thereof;
• apartment or part of it;
• room.

This list is exhaustive and does not include apartments. Therefore, this type of real estate, according to the law, cannot be attributed to the housing stock. However, such premises are used specifically for living and are equipped with all necessary amenities. In order to get closer to understanding what is the difference between an apartment and an apartment, it is necessary to understand in which buildings these objects are located and what is their functional purpose.

If we take foreign experience, we can see that abroad, apartments include real estate for temporary residence with hotel service. This is partly true for Russia as well. For example, the order of the Ministry of Culture, which classifies objects of the tourism industry, contains the concept of an apartment, which differs markedly from the definition of a hotel room. These include premises with an area of ​​at least 40 square meters, consisting of two or more rooms, equipped with furniture, bathrooms and everything necessary for temporary residence.

Sometimes such residential blocks are located in office buildings or in large business centers. They are intended for the residence of employees seconded from other cities to perform certain temporary functions. Apartments are also provided for staff who do not have their own accommodation.

Today, in large cities, you can find new buildings, consisting entirely of apartments, which differ from apartments in that they have a greater commercial value. Wealthy people invest in the construction or purchase of such real estate for subsequent profit.

Thus, the answer to the question, what does an apartment mean, and not an apartment, can be formulated as follows. A room intended for temporary residence with a separate entrance, which is part of an apartment-type hotel complex or located in an administrative building, is commonly called apartments. Unlike an apartment, it does not belong to the housing stock.

Cons and pros of apartments

Consider the difference between apartments and apartments in practical terms: the pros and cons of acquiring such real estate. As stated earlier, apartments do not belong to the housing stock. It is from this circumstance that the existing shortcomings of these objects follow:

• it is impossible to obtain permanent registration at the place of residence in them. True, there are no obstacles to temporary registration at the place of stay if the premises have hotel service. As in any hotel room, apartments can be temporarily registered for up to 5 years. The absence of at least temporary registration can create problems with the placement of children in a school or kindergarten, obtaining a compulsory medical insurance policy for service in medical institutions;
• commercial real estate is not subject to utility tariffs that are used for residential premises. In this regard, you have to pay for utilities much more than in the case of an apartment of the same area. The difference can reach up to 20% in some cities;
• not very friendly to commercial real estate and tax laws. Thus, the property tax rate for apartments is 0.5%, in contrast to an apartment, for which only 0.1% of the base is charged, which, however, is 1.44 times less for commercial real estate. The calculation of the deduction for the sale is made according to the rules for non-residential premises. At the same time, a deduction for the purchase is provided, as for an apartment - in the amount of 2 million rubles;
• where apartments are even worse than apartments is that developers are not required to organize social and cultural infrastructure in the construction sites of such facilities. For this reason, kindergartens, schools and clinics may be at a considerable distance from the complexes, and there may be no access roads at all;
• the law does not extend the SANPIN standards for residential premises to apartments, which frees the hands of developers. After all, they do not need to comply with the level of illumination, sound insulation and other mandatory parameters;
• in the case of shared construction of apartments, the status of equity holders is fundamentally different from that if the house was with apartments. They are simply not recognized as affected by the parameters of the Ministry of Regional Development in the event of bankruptcy of the developer.

The list of cons is quite impressive, but what is the advantage of an apartment over an apartment, that the demand for them is growing every year. Everything is simple here, because the absence of the need to comply with many formalities during construction greatly reduces the cost of such real estate. At the same time, the end buyer needs to pay a much smaller amount for the apartment upon purchase, which compares favorably with the purchase of an apartment. This makes it possible not only to acquire relatively cheap housing, but also to earn good money by renting it out.

Watch helpful video

Should I buy an apartment instead of an apartment?

Many people wonder what is better apartment or apartment? However, this question is not entirely correct. This is about the same as comparing a therapist and a dentist. It seems that both doctors, but the tasks are completely different. In practice, it is better to buy an apartment for those who do not have other permanent housing. After all, the presence of a dwelling guarantees a permanent residence permit and, as a result, free access to various social needs of the family.

If you already have a permanent residence permit, then the question of what to choose an apartment or an apartment is no longer so straightforward. In this case, commercial real estate can be purchased for the following purposes:

• for own residence due to proximity to the place of work or study, or because of more comfortable conditions. At the same time, it is quite possible to rent out a permanent apartment;
• for renting out for commercial profit;
• for the organization of the hotel business.

It is the commercial component that determines the main reason why apartments are being built, and not apartments, especially in Moscow.

Answers to some questions

Taking into account all of the above, it is possible to answer the question, is a studio an apartment or an apartment? It all depends on the legal status, not on the layout. After all, a studio is a living space that does not have partitions, that is, a free layout. It can apply to both residential and commercial real estate.. In the first case, this is an apartment, and in the second, apartments.

Another topical question is whether it is possible to transfer apartments to an apartment in 2019, and what is the price of this procedure. The possibility of converting non-residential premises into residential premises is enshrined in housing legislation. It should be borne in mind that the procedure is rather complicated. The main obstacle is to ensure full compliance with sanitary standards, for example, sunlight must reach each living room of the premises for at least 2 hours a day. Therefore, apartments that are characterized by insufficient insolation cannot be transferred to the status of apartments. In addition, no encumbrances by third parties should be imposed on the property.

In the case when all the rules can be observed, you can try to transfer. To do this, you need to contact the housing department of your city with a statement.. The following documents will need to be attached to it:

• registration certificate for real estate;
• title documents;
• floor plan of the building;
• redevelopment project, if it is planned to be carried out.

In addition, it is necessary to undergo approvals in various services and government agencies, and then submit the relevant certificates. All this can take more than one month, and the money spent will negate the benefits of buying an apartment instead of an apartment. In addition, the success of the event is not guaranteed. Therefore, the transfer on an individual basis is not economically justified.. True, there were cases when the owners massively turned to the developer with a corresponding collective request to transfer the apartments to the status of residential premises even at the construction stage before putting the house into operation. At the same time, their question was resolved in the affirmative.

Thus, an apartment differs from an apartment in that it does not have the status of a dwelling.. They are cheaper, but it is better to buy them if you have a permanent residence permit in another place. After all, converting non-residential premises into residential premises is quite difficult, and often completely impossible. At the same time, buying an apartment is a very profitable investment in real estate, as the demand for rental housing is always very high.

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From the point of view of law and right

Last time we started talking, 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 does not make an apartment a residential property either. A building with apartments is not considered an apartment building, even if it has a management company, mailboxes in the entrances and a swing 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 buying and then lose much more if you do not calculate everything in advance. Losses are not always measured in money and can be irreversible.

Everyone is responsible for himself

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

Purpose of premises

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

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

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

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

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

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

This approach has both advantages and disadvantages. With an apartment building, everything is more or less clear - there are entrances, stairs and elevators, which all residents use in one way or another. It is logical for everyone to pay for them. In a non-residential building, in addition to apartments, there may be offices, 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 has bought an apartment, lives there with their children, and never visits the lobby of a business center, they could theoretically be required to pay for the maintenance of this part of the building. A particular management company can set its own regime, but by default, the explanations of the SAC work that way, and judicial practice is ambiguous. Tomorrow another management company will come and change everything.

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

Home control

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

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

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

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

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

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

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

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

Relations with neighbors

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

The difference between an apartment and an apartment is that there is a silence mode for residential buildings: after a certain time, no noise can be made in the apartments. If you live in a real apartment building and cheap punches constantly come from behind the wall at night, you have legal mechanisms to influence this.

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

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

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

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

Withdrawal for debts

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

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

Deductions when buying real estate

Apartment. 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 in marriage and none of the spouses used the deduction before, the family will be able to return up to 520 thousand rubles. In addition, the state will return 13% of the interest paid on the mortgage - a maximum of 390 thousand rubles to each spouse.

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

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

Property tax

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

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

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

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

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

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

Price for 1 m²

Apartment

336 000 R

Apartment

269 ​​000 R

Price

Apartment

336 000 R

Apartment

269 ​​000 R

Price

Apartment

13 million R

Apartment

10.5 million R

Tax deduction

Apartment

Apartment

The tax base

Apartment

19 m² × 336,000 = 6.38 million R

Apartment

39 m² × 269,000 = 10.5 million R

property tax rate

Apartment

Apartment

Annual property tax

Apartment

9576 R

Apartment

52 500 R

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

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

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

Overhaul

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

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

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

Minimum payment per m²

Apartment

17 R

Apartment

0 R

Mandatory payment per month

Apartment

663 R

Apartment

0 R

Maintenance fees for the year

Apartment

7960 R

Apartment

0 R

Social infrastructure and technical requirements

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

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

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

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

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

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

Transfer of an apartment to a residential building

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

What are the benefits of buying an apartment

Place. Often in some convenient and interesting place it is impossible to build a residential building, but a building with apartments is possible. 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 place is not suitable for residential development due to the proximity of industrial facilities. An apartment can be your only chance to buy a property to live in the right place, such as close to work or in the city center.

How is staying in an apartment different from traditional hotels? Pros and cons of apartments and apart-hotels. And also: what are the apartments and how to rent them.

Recently, such an unusual type of accommodation for us as apartments is gaining more and more popularity in Europe. And no wonder: they are ideal for large companies, they are cheaper and guarantee greater mobility for their guests. But first things first.

Most often, apartments are found in countries near the sea - Spain, Bulgaria, Croatia, Montenegro or Greece. But this does not mean at all that you can only stay in apartments in coastal resort towns. Large and popular tourist cities (Rome, Venice, Athens, and so on) also offer a considerable selection of "apartments" directly in the historical centers.

But what exactly are these apartments? They are apartments (less often - small houses, villas, half a house with a separate entrance), which are rented to tourists from different countries for a long and not very long term. It is important to understand that apartments and apart-hotels are a slightly different type of accommodation. The latter, as a rule, are located at hotels, or operate on their own, but are similar in type and range of services to hotels. A significant difference between an apart-hotel and a simple one is the number of rooms in the rooms and the availability of a kitchen.

The living conditions in the apartments are very similar to "home" ones: they have everything you need for life, an equipped kitchen, household appliances (dishwasher and washing machine, microwave, air conditioning, TV). In addition, in hot countries, apartments often have swimming pools, parking lots, balconies and terraces.

Apartments are apartments (less often - small houses, villas, half a house with a separate entrance), which are rented to tourists from different countries for a long and not very long term.

Apartments are also classified according to the quality of their services, comfort, area and number of rooms, but not by the stars we are used to, but “literally”:

• Type A apartments (studios), as a rule, have one room and a hall-living room combined with a kitchen. Area: 40-45 sq.m., accepts from 2 to 4 people.
• Type B apartments include two separate bedrooms, a living room and a kitchen. Area: 60-90 sq.m., from 2 to 6 people.
• Type C apartments consist of three or four separate rooms, a living room, a dining room and a kitchen. Area: more than 100 sq.m., up to 12 people.
• Luxury apartments are luxurious penthouse rooms, detached villas or residences. They consist of two or more rooms, have personal servants, the widest possible range of services, their own pools, butlers, and so on. In apart-hotels, such rooms are usually called "presidential suites".

Holidays in the apartments

Why stay in an apartment should be preferred to traditional hotels? Because living in them really has a lot of advantages. First, own kitchen. For some, this fact, of course, is rather a minus (well, who wants to cook on their own on vacation). But let's look at it from the other side: families with children, lovers of healthy cuisine, fans of budget vacations, as well as just gourmets who dream of exploring the country's traditional cuisine, can't even imagine a vacation without their own stove and refrigerator.

Secondly, vacation in apartments allows you to accommodate large companies, families with children and animals. And this also turns into a big plus in relation to the wallet. The payment for apartments (house, half-house, residence) is always fixed and does not depend on the number of residents. One has only to observe the required maximum (for example, up to 10 people), and divide the entire cost of the house into all those living in it.

In addition, apartments give tourists freedom: movement and food. The last, “lyrical” plus is the opportunity to feel like an aboriginal: get the key and open your own apartment after a day full of sights or swimming, go for a bottle of wine to the nearest store, and finally sit down at the open window with a delicious dinner in the company of friends .. .

Booking a room in an ordinary hotel is much easier and more familiar, besides, their number is incomparably larger compared to apartments.

Apartment rent

Renting an apartment is perhaps the very fly in the ointment. Booking a room in an ordinary hotel is much easier and more familiar, besides, their number is incomparably larger compared to apartments. Therefore, if you want to rent your own house, for example, on the paradise island of Brac, you should take care of this problem in advance (the ideal option is to book online about two months in advance). The second nuance that awaits everyone who wants to rent an apartment is paper delays. Apartments are still far from the check-in level in hotels, when you can just leave your passport at the reception (but, of course, this does not apply to luxury and presidential rooms). In the case of renting, tourists will need to listen to the rules: where to throw garbage, until what time you can make noise, how to properly use the stove and dishwasher, and also fill out an agreement. But then nothing will distract tourists from a serene, wonderful holiday!

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