What is the difference between an apartment and an apartment in 2021?

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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, there is still a widespread stereotype that such premises are exclusively luxury apartments. In reality the situation is a little different. Also, many buyers do not fully understand what the features of such housing are.

In this article we will look at the difference between apartments and apartments. We will also find out what disadvantages and advantages this type of housing has.

What is the difference between an apartment and an apartment when buying

From the point of view of the law, an apartment is a room in an apartment building intended for living. It may consist of one or several rooms and must include auxiliary premises for household and other needs of residents.

Developers are required to comply with a whole list of requirements when constructing apartment buildings. These include sanitary, fire, and environmental safety standards. The house itself must be built only on a site intended for residential development. And social infrastructure facilities should be located in close proximity to it. A kindergarten, a kindergarten, a school, a clinic - if a person buys an apartment, he can be sure that he will not have any difficulties with enrolling his child in a kindergarten or the opportunity to receive medical care.

But all of the above does not apply to apartments. Primarily because, by law, this is non-residential commercial real estate. Yes, outwardly it is no different from an apartment. Inside there will be everything you need for living: light, water, and space for a kitchen. The house itself will look modern. It is very likely that it will be located in close proximity to a large residential area where there is a school and a kindergarten. But whether apartment owners will be able to take advantage of this infrastructure is a big question.

“Due to the special status, it is impossible to obtain permanent registration in such premises,” notes lawyer Daria Morozova. - Only temporary. As a result, a person does not buy an apartment, but something between a home, an office and a hotel room.”

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Registration

Currently, in accordance with the legislation of the Russian Federation, permanent residence registration is not allowed in the apartments.

Registration can only be temporary. This applies only to those cases in which a specific property according to documents is a hotel complex.

You can obtain temporary registration in the apartment for a period of no more than 5 years. However, the law does not prohibit registering in the premises again after the expiration of this period. Such actions can be continued an infinite number of times. Moreover, according to the documents, the apartments must be intended for a hotel.

Temporary registration may be prohibited in cases where the property in the unified Rosreestr database is listed as an office, shopping center or public catering outlet. Thus, you can register in an apartment only if, according to documents, it is a hotel room. It is worth noting that only 10-15% of objects of this type have just such registration.

Due to the fact that apartment buyers, as a rule, have additional housing, they do not have problems with registration.

Differences between apartments and apartments - pros and cons

Developers understand that their product on the market does not look very convincing, so they can promise the buyer to assist in converting apartments into housing. According to Daria Morozova, these promises should be treated with skepticism. This does not contradict the law, but in practice it is almost impossible. The number of stories where apartments were converted into housing can literally be counted on one hand.

In addition, the buyer should understand other unpleasant aspects.

The cost of housing and communal services will be higher. You will have to pay 20% more, since utility bills are calculated taking into account the non-residential status of the property.

You will not be able to take advantage of the benefits. Neither subsidies nor maternity capital apply to this type of real estate. It is impossible to receive government support for the purchase and payment of utilities in apartments.

You won't be able to get a tax deduction either. People who buy an apartment have this right. The state provides support in purchasing housing by returning to the citizen part of the previously paid VAT. But if a person purchases an apartment, from the state’s point of view he is buying non-residential real estate, and therefore he should not count on a tax deduction.

Taxes will be higher. Once again, the reason is the status of the property. Apartments are taxed at 0.1% of the cadastral value, and for apartments the rate is 0.5%. Significant difference.

You won't be able to register. Non-residential premises do not require registration. This means that it will also be impossible to make permanent registration in order to submit documents to kindergarten, to enroll the child in the nearest school and district clinic.

“The characteristics of housing may also differ,” clarifies Daria Morozova. “Developers are not obliged to comply with sanitary and anti-epidemiological rules, and therefore the apartments may have problems with sound insulation and lighting.”

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Communal payments

Comparing utility bills between apartments and apartments is not entirely correct. This is due to the fact that these real estate objects belong to different building stock. Any non-residential premises in the Russian Federation require large financial resources for its maintenance. As a result, the difference in utility bills between an apartment and an apartment can range from 10 to 30%.

Separately, it is worth paying attention to the fact that there is a certain list of maintenance services that cannot be refused. If apartment owners are required to pay for the work of the concierge, intercom and cleaning of the local area, then residents of the apartments additionally have to spend money on ironing linen, replacing towels, carrying out full cleaning of the premises, etc.

What is the difference between a studio and an apartment?

It is impossible to put an equal sign between these types of real estate, although developers often position them that way. Studios are full-fledged apartments, only with a special, open plan. There are no corridors, and living rooms can form one large space. But otherwise there are no differences from the housing stock.

You can register in the studio and buy it with the help of government support. You can take advantage of the tax deduction three years after purchase. You can use benefits when paying for utilities.

Fact. Buying a studio is profitable, since the cost is usually 30% lower compared to a regular apartment. In terms of price, a studio is really close to an apartment, but the owners of such real estate are much better protected from a legal point of view.

Silence law

When purchasing apartments, you must give preference to those buildings that also contain standard apartments. This is due to the fact that otherwise your neighbors may be quite loud offices, shopping centers, recording studios, workshops, etc. Work processes in these premises can significantly adversely affect the comfort of using the apartments.

It is important to remember that the silence law does not apply in commercial buildings. Due to the fact that apartments are often located in such buildings, you should be prepared for the possibility of even a nightclub being located next door.

Will the apartments be converted into housing stock?

So far, the idea of ​​equating apartments to apartments exists only in the form of a legislative initiative. In January 2021, a decree of the Government of the Russian Federation was adopted to determine the legal status of this real estate and establish the possibility of registration in it.

It is planned to submit the corresponding draft law to the government in September of this year, and to the State Duma in October. If the deputies approve the initiative, perhaps already in December 2021 the apartments will be converted into apartments, that is, they will be given the appropriate legal status. However, all this is just perspective.

“If you need permanent registration, it is better to postpone the option of purchasing apartments until the legal status of the property is finalized,” advises lawyer Daria Morozova.

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Legal status and registration issue

All that apartment owners can do to somehow indicate their rights to real estate is to issue a temporary registration for a period of five years. At the end of the specified period, you must renew your registration again. Without registration, you, like apartment residents, will be able to visit the clinic and use the services of general education institutions.

For example, at school, classes will be formed first from among the children who are registered in the apartment, then from all the others.

Is it worth buying an apartment?

To answer this question, it is important to understand exactly the purpose of purchasing real estate. The purchase will be profitable for people who plan to rent out apartments or are simply on a limited budget and cannot afford to buy a full-fledged home. However, this benefit is noticeable only for objects at the construction stage. Resales can be both cheaper and more expensive than housing stock. For example, in some areas of Moscow the price of apartments is 40% higher than the cost of apartments. To a greater extent, choosing apartments is justified as an investment.

“Today apartments are an interesting product from the point of view of investment attractiveness,” comments Daria Morozova. — When they are transferred to housing status, the price difference that exists today will be completely leveled out. If you are thinking about purchasing, it is better to do it now, at current prices, as the cost will increase in the near future.”

To equate or not? Not everyone agrees

The question of whether it is possible to give apartments the status of apartments, eliminating the above-mentioned differences between the two types of real estate, is not as simple and unambiguous as it seems at first glance.

According to the general director of the Institute for Development of the Construction Industry, Kirill Kholopik, such a decision conflicts with basic urban planning principles.
The origins of the current problems, according to experts, should be sought in the mistakes of local rule-making in settlements where apartments are being actively built.

By legalizing the permanent residence of citizens in premises with the status of apartments, a set of new problems can arise.

Not all such houses are initially intended for permanent residence and fully comply with sanitary and environmental standards; in addition, not all apart-hotels can be supplemented with the necessary infrastructure. As a result, with this approach, families will find themselves registered in places where there are not all the conditions for a comfortable life, which is generally unacceptable.

The situation on the real estate market will also change after the adoption of the law on apartments. Now such housing costs 15-20% less than apartments, but as a result of the implementation of the legislative initiative, the gap will be significantly reduced, since when constructing apartments, developers will have to take on the same regulatory burden as when constructing residential buildings.

If the law is adopted, the sale of apartments will be subject to 214-FZ, which regulates issues of shared-equity construction. It should be noted that among reputable developers there are many who, when constructing apartment complexes, have long attracted funds from citizens, based on the norms of this law. From this point of view, the rules of the law really should be officially extended to apartments.