What is the difference between an apartment and an apartment: disadvantages, advantages, what is the difference in the status of real estate. What is the difference between an apartment and an apartment? The difference between apartments and residential real estate

Several years ago, such special objects as apartments appeared on the real estate market. Everyone is accustomed to associating with this concept some kind of elite housing with panoramic glazing or luxury 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 the difference is between an ordinary apartment and an apartment in 2019.

What are apartments and what type of real estate are they?

In order to understand the question posed, you must first find out what apartments are 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 in any way what the legal difference is between apartments and apartments.

If you turn to Russian housing legislation, you can easily find out that residential premises mean:

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

This list is exhaustive and there are no apartments on it. Therefore, according to the law, this type of real estate cannot be classified as residential. However, such premises are used specifically for living and are equipped with all necessary amenities. To come closer to understanding the difference between an apartment and an apartment, you need to understand in which buildings these objects are located and what their functional purpose is.

If we take foreign experience, we can see that abroad property for temporary residence with hotel services is classified as apartments. This is partially 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 apartments, 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 accommodation of employees sent from other cities to perform certain temporary functions. Apartments are also available for staff who do not have their own housing.

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

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

Pros and cons of apartments

Let's look at the difference between apartments and apartments in practical terms: the pros and cons of purchasing such real estate. As was established earlier, apartments do not belong to the housing stock. It is from this circumstance that the existing shortcomings of these objects arise:

• It is impossible to register with them permanently at your place of residence. True, there are no obstacles to temporary registration at the place of stay if the premises have hotel services. As in any hotel room, you can temporarily register in the apartment for up to 5 years. The absence of at least temporary registration can create problems with enrolling children in school or kindergarten, obtaining a compulsory medical insurance policy for services in medical institutions;
• Housing and communal services tariffs that are used for residential premises are not applicable to commercial real estate. In this regard, you have to pay much more for utilities than in the case of an apartment of the same area. The difference can reach up to 20% in some cities;
• tax legislation is not very friendly towards commercial real estate. 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 for commercial real estate, however, is 1.44 times less. Calculation of deductions upon sale is carried out according to the rules for non-residential premises. In this case, 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 obliged to organize social and cultural infrastructure in the places where such objects are being built. For this reason, kindergartens, schools and clinics may be located at a considerable distance from the complexes, and access roads may be completely absent;
• the law does not extend the SANPIN standards provided for residential premises to apartments, which gives developers a free hand. After all, they do not need to comply with the level of illumination, noise insulation and other mandatory parameters;
• In the case of shared-equity construction of apartments, the status of shareholders is radically different from that if the house had apartments. They are simply not recognized as victims according to the parameters of the Ministry of Regional Development in the event of bankruptcy of the developer.

The list of disadvantages is quite impressive, but what is the advantage of apartments 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 purchasing an apartment. This makes it possible not only to purchase relatively cheap housing, but also to make good money by renting it out.

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Should you buy an apartment instead of an apartment?

Many people wonder what is better: an apartment or an apartment? However, this question is not entirely correct. This is about the same as comparing a therapist and a dentist. It seems like both are doctors, but their tasks are completely different. In practice, it is better to buy an apartment for those who have no other permanent housing. After all, the presence of residential premises guarantees permanent registration and, as a result, free access to the various social needs of the family.

If you already have permanent registration, then the question of whether to choose an apartment or an apartment is no longer so clear-cut. 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 due to more comfortable conditions. At the same time, it is quite possible to rent out a permanent apartment;
• for renting out for commercial profit;
• for organizing hotel business.

It is the commercial component that determines the main reason why apartments are built rather than apartments, especially in Moscow.

Answers to some questions

Taking into account all of the above, we can 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, an open layout. It can apply to both residential and commercial real estate. In the first case it is an apartment, and in the second it is an apartment.

Another pressing question is whether it is possible to transfer apartments to apartments 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 quite complicated. The main obstacle is to ensure full compliance with sanitary standards, for example, sunlight must enter 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.

If it is possible to comply with all the rules, you can try to make a transfer. To do this, you will need to contact the housing department of your city with an application.. The following documents will have 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 from various services and government agencies, and then submit the relevant certificates. All this may 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, individual transfer is not economically justified. True, there were cases when owners en masse turned to the developer with a corresponding collective request to transfer apartments to the status of residential premises even at the construction stage before putting the house into operation. At the same time, their issue was resolved positively.

Thus, apartments differ from apartments in the absence of the status of residential premises. They cost less, but it is better to purchase them if you have permanent registration in another place. After all, converting non-residential premises into residential ones is quite difficult, and often completely impossible. At the same time, buying an apartment is a very profitable investment in real estate, since the demand for rental housing is always very high.

Last modified: June 2019

Just a few years ago, when citizens heard the word “apartment,” they imagined comfortable housing abroad, equipped with the latest technology. Today, almost a quarter of new residential real estate in the capital is represented by apartments. Since serious problems may arise during operation, it is necessary to consider what an apartment and an apartment are, and what is the difference between the objects.

A new type of property quickly entered the real estate market, becoming an alternative to the usual apartments.

What does the concept mean?

The name comes from the French word “appartment”, which translates as “room”. In the West, the concept implies real estate consisting of several rooms that can be rented out. For Russians, apartments are commercial objects, although the premises can be used for residential purposes.

Particular attention should be paid to the issue of determining the status of apartments, whether they are residential or non-residential premises. If we turn to the Housing Code of the Russian Federation, the main difference between apartments and apartments is related to the classification of the object as commercial real estate from the non-residential stock.

In reality, this type of property suggests a middle option between an office, a hotel and an apartment. In a functional sense, it is almost impossible to find out how an apartment differs from an apartment, since their purpose is the same - they have amenities and the necessary utilities for living.

How are apartments different from an apartment: advantages and disadvantages

Before purchasing an apartment, the pros and cons are assessed first. How are apartments different from an apartment? One of the main advantages is the price of such objects.

The advantages of an alternative to conventional residential apartments also include:

• free redevelopment with changes in the number of rooms and footage;
• landscaped area next to a new building and excellent infrastructure;
• hotel service;
• the right to be assigned to a clinic and register children for school or kindergarten with temporary registration.

Apartments without the right of registration do not entail serious restrictions on the use of civil rights, since the law allows for the renewal of temporary registration every 5 years, although it does not solve the problem of having permanent registration. At the same time, the law does not distinguish between the rights of citizens registered on a permanent basis and for a limited period, allowing the renewal of registration once every five years.

Many buyers are interested in the difference in cost - why apartments are ¼ cheaper than regular apartments. The cost of comfortable housing would hardly have been reduced just like that. Indeed, such an advantage hides disadvantages.

The negative aspects include:

1. It is impossible to purchase with a mortgage using maternal capital, since funds from the state can only be used to purchase housing. It is not possible to use other government subsidies.
2. There is also no provision for a refund of tax deductions, which is due when registering residential real estate. Due to these disadvantages, the apartments are no longer presented in such a rosy light.
3. Housing and communal services costs are rising, and buyers of properties will face another disappointment - the amount for utility bills in apartments is 20% higher.
4. Despite the conditional classification as residential real estate, the property is a person’s personal property, therefore, the special status of real estate does not save you from arrest and confiscation during forced liquidation of debt.
5. Another disadvantage awaits buyers of properties under construction. Unlike shareholders, whose risks are protected by a number of legislative acts, the rights of future owners of commercial property are not guaranteed in any way, since legally the buyer becomes a co-investor. If a developer goes bankrupt, he faces the bleak prospect of a long wait for debt repayment among third-priority creditors. Such rules make hopes of a return illusory.

And yet, for those who like to make noise at night, choosing an apartment will eliminate the need to sort things out with neighbors. By law, citizens living in such premises can break the silence at any time of the day, at their discretion. Even if the neighbors call the police, any harassment of the troublemaker is illegal.

To buy or not

Even the disadvantages of this form of ownership can be turned into advantages if you manage the property correctly. The fact is that objects of this type are commercial property intended for any purpose. Although the functionality of the premises is not inferior to an apartment, it is possible to open offices and register a legal entity at the address of such property.

If desired, a person can organize his own enterprise at the address where the property is located, without worrying at all about the need to rent or buy an office. The cost of an office is much lower than when purchasing other types of commercial property.

Commercial housing is the best option for investment with the goal of subsequent earnings on rent. With proper design, the premises can be used without the risk of problems with neighbors or the police. The law, allowing commercial use, exempts from the obligation to comply with the rules of residence in an ordinary residential building.

Due to differences in the most important legal nuances, apartments, replacing the functionality of an apartment, will not be considered residential property. And there is no clear answer about the advisability of choosing a commercial property. The buyer must make a decision based on his own needs and future plans for using the premises.

The video talks about five main differences. Consulting: Zyryanova Real Estate Bureau.

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Modern real estate is diverse and the term “apartments” appeared on the Russian market quite recently. Most buyers consider this type of property to be a classic apartment in a new building, but this is not entirely true. To avoid troubles and misunderstandings when purchasing a home, you should find out the pros and cons of apartments, what apartments are in new buildings, and also learn more about the legal status of this type of property.

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What are apartments

Apartments are special sized rooms, the area of ​​which exceeds 40 square meters. m. This is not a permanent living space, but a temporary place to live with several sleeping areas, a kitchen and a bathroom. Rooms of this type belong to the highest category and are most often located on the territory of hotel complexes, boarding houses and hotels.

In fact, apartments belong to commercial real estate:

1. Hotel options can be different - these are rooms in apart- and condo-hotels, as well as serviced apartments. Most of the options are not intended for private purchase, but you can buy housing in a condo-hotel for yourself.
2. Office-type apartments are housing in business centers. They are used for their needs by companies and firms that try to provide their employees with comfortable conditions. On the real estate market, these apartments can be bought or rented for any period, but they will differ from a classic apartment.

Apartments have their advantages and disadvantages, which should definitely be taken into account if you want to become the owner of such real estate.

Pros of living in an apartment

Among the advantages of buying and living in an apartment, it is worth highlighting:

1. Convenient location with good infrastructure. Most often, this type of property is located in the central part of the city, thanks to which apartment owners can save time and always have access to shops, pharmacies, restaurants and other important facilities.
2. Prices. The apartments are approximately 20% cheaper than classic apartments in the center. Buying them is even more profitable to some extent.
3. Any layout. Apartments can have any layout, especially when it comes to new buildings, where the projects can be very different and modern.
4. Apartments can be used to earn money by renting them out.

Buying an apartment is a profitable investment, thanks to which you can increase your capital. The main thing is to know the difference between this type of real estate and not to forget about its legal status.

Disadvantages of living in apartments

There are not only advantages to apartments, but also disadvantages:

1. Lack of permanent residence. The owner of this property can only obtain temporary registration for a period of up to 5 years. Next, you will need to apply for an extension, which entails red tape with documents and a waste of time.
2. Utilities will have to be paid not only on time, but also at an inflated rate. Apartments are paid at rates that are relevant for non-residential premises. The problem especially concerns hot water supply and heating in the cold season.
3. The housing tax when it comes to apartments is higher than that of apartments.
4. It makes no sense for the owner of this property to count on a subsidy.
5. It is rare that a bank can provide a loan for the purchase of apartments.

A significant disadvantage is also the fact of the presence of unusual neighbors. Companies often use apartments as offices, and if you decide to buy such a property for your own residence, be prepared for unsuitable neighbors.

What is the difference between a residential apartment and an apartment?

Not many people know how apartments differ from apartments. These types of real estate have different legal status, so the differences between apartments and apartments are more than significant.

An apartment is an isolated premises that meets technical and sanitary standards and is intended for permanent residence. Apartments are a non-residential property, but they represent temporary housing. The difference between an apartment and an apartment is closely related to the legal status of this property.

Among the main differences are:

1. Non-residential and residential stock.
2. Inability to obtain registration in the apartment.
3. The cost of utilities, because for a classic apartment with the same area you will have to pay less.
4. Infrastructure. Necessary social facilities should be located near residential apartment buildings. There is no such requirement for apartments.
5. Protection of the shareholder. The legislation partially protects the buyer of new residential real estate from unpredictable troubles (bankruptcy of the developer, etc.). The buyer of an apartment does not have such privileges.
6. Taxation. Taxes when buying or selling classic apartments are lower.
7. Price. Due to the minimum requirements for non-residential buildings, the developer does not need to spend a lot of money, so classic apartments are always more expensive.

Important! In Russia, the term “apartments” does not exist at the legislative level as such. This word is used in their activities by realtors, developers and investors, as it were, conventionally.

Is it possible to register in the apartment?

Today it is impossible to register in an apartment on a permanent basis, even if the purchase was completed correctly and legally. Unlike classic apartments, you can live here and receive only temporary registration for a maximum period of 5 years. Although these deadlines can always be extended.

Temporary registration is only possible in apartments that are part of a hotel or have apart-hotel status. Be sure to ask the developer about the status of the building in which you are going to purchase housing in order to avoid misunderstandings in the future and have a legal opportunity for registration.

Important! The buyer of an apartment does not have the right to stand on the labor exchange.

Taxation of apartments

Numerous apartments being built every day throughout the country are subject to a considerable tax. This often scares off buyers. For housing unsuitable for permanent residence, you must pay from 0.5 to 2% of the cadastral valuation. Taking into account the annually increasing rate, the amount turns out to be large.

We cannot leave aside the tariffs for utilities, which are overpriced for commercial buildings. Their size is 10-30% larger than for ordinary apartments, because they belong to a special housing stock. You will also have to pay for the services provided by the management company. It is impossible to refuse them, since this is a standard set: intercom, concierge, garbage removal, cleaning of the territory and premises. Do not forget that in accordance with the Housing Code, service premises, as well as engineering communication networks, belong to the developer, and he has the right to impose additional services, charging a fee for it.

The amount of tax is directly proportional to the area indicated in the technical passport. If the housing is located in a multi-storey building with an adjacent local area and common areas, the tax rate is calculated for the service areas and also applies to all owners. The tax amount corresponds to the area indicated in the ownership documents.

A minimum tax rate of 0.5% of the cadastral valuation is possible if:

1. The apartments are located in a building designed as a hotel.
2. The cadastral value does not exceed 300,000 rubles.
3. The documents do not indicate the direct purpose of the structure: office premises, catering establishments, shops.

Important! The cost of apartments in the capital starts from 8 thousand dollars per 1 sq. m. m. The rental rate is influenced by the dimensions of the room, its location, interior design, etc. Buying apartments by the sea is expensive, here the amount can range from 20 thousand dollars per 1 sq. m. m.

How to convert an apartment to an apartment

Initially, it is important to distinguish apartments from apartments, because the difference is significant. In the legal practice of our state, there are not many cases where the owners of apartments successfully converted them into apartments. The main condition for transferring shared ownership, which includes apartments, into housing stock is the consent of all owners of the building without exception.

There are precedents in which residents managed to achieve their goal and transfer multi-storey buildings from the purpose of apartments to the purpose of apartments, but all of them were not without a lawsuit. Considerable credit for achieving the desired result goes to experienced lawyers. The right approach to the matter yielded results.

The legislative framework of our country has not yet been improved, so transferring an investment object to housing at the administrative level is impossible. You need to be patient, collect all the necessary documents, find a good lawyer and begin the trial.

Another essential condition for re-registration of commercial property into housing is the right of ownership and compliance of the premises with the sanitary and technical standards of the apartment. The costs of registering such real estate will cost a tidy sum, and the process will take a lot of time (from 6 months to a year). Having received all permits and approvals and carried out repairs, it will be necessary to accept the premises by a special state commission.

To transfer an apartment to an apartment, you need to collect a package of documents:

1. Title deeds.
2. A correctly completed application form for re-registration of one type of property to another.
3. Technical certificate.
4. Complete building layout for each floor.
5. In case of redevelopment, a new approved project, etc.

In the capital, regarding transfer issues, you need to contact the Department of Housing Policy and Housing Fund of Moscow and provide title documents, an application for transfer, a technical passport of the BTI, a floor plan of the building in which the apartment is located. This is the only way to try to convert the apartments into an apartment legally and use them exclusively legally.

Important! The main criterion for transferring to residential status is a two-hour daily interval during which sunlight must enter the living rooms of the premises. Accordingly, apartments with insufficient insolation - with windows into the “well” or into the atrium of the house, according to today’s legislation, cannot become residential.

The concept of “apartment” is associated with luxurious, stylish real estate, which has magical advantages over simple housing. However, from a legal point of view, we are not talking about housing at all. Apartments are commercial real estate belonging to the non-residential fund.

Apartment and apartment - the main differences

So what is the difference between an apartment and an apartment? Apartments belong to the non-residential stock and can even be located on the territory of office shopping centers, while an apartment is a housing stock. However, these two categories of real estate have one thing in common - they are truly intended for living!

Apartment concept clearly regulated by law - this is real estate for human habitation, which must comply with all construction SNIPs, as well as sanitary and fire standards.

Apartment concept is not enshrined in Russian legislation. It is only stated that they must consist of at least two living rooms, a kitchen, and the obligatory condition is that the total area of ​​the premises is more than 40 sq.m.

Advantages of the apartments

Those who purchase apartments know their advantages in advance.

• Infrastructure- when building apartments, the developer immediately thinks through the infrastructure. Unfortunately, apartments cannot always boast of this.
• Repair- they are usually distinguished by luxurious renovations, made using the most modern trends and the latest fashion trends. A design project, open layout and expensive equipment are a must.
• Hotel rooms- in terms of layout and design solutions, apartments are often similar to premium hotel rooms. For this purpose, they are often rented out, and often a resident in such a property does not have to think about changing linen, towels, or cleaning the home. The owner of the apartment takes care of all the housekeeping. There is no such service in ordinary apartments.

Such real estate for permanent residence is chosen by out-of-the-box thinking people who like the surrounding space to match their personality. The apartments emphasize the high status of its owner.

Is it possible to register in the apartment?

It is not possible to obtain permanent registration in the apartments. Only temporary and only if this property is a hotel complex.

According to practice, it is possible to register at the place of residence in an apartment, but only if the documents provide for the purpose of being a hotel and only temporarily, for a period of 5 years. Of course, after 5 years you can register again and so on an infinite number of times.

If, according to the cadastral passport, other technical documentation, and most importantly - in the unified Rosreestr database, the purpose of the building is stated - a shopping or office center, and also if the purpose of the apartments themselves is directly indicated for offices, catering establishments or other forms of commercial use, then it is impossible to register in the apartment, even temporarily.

When registering, a lot depends on the purpose of the building:

• If this is a hotel (and there are only 10-15% of them on the market), then there should be no problems with temporary registration.
• It is impossible to register even temporarily in apartments located in a retail and office building.

However, buyers of such housing, as a rule, have other housing and are aware of the impossibility of registration and do not ask such questions.

Cons of apartments

Despite the external luxury and elevated status of such real estate, there are also serious disadvantages of the apartments.

• Price- increased cost compared to conventional housing. The price of apartments will be 10-20% higher. But it’s worth noting that many developers are starting to offer simpler apartments for sale and then the price, on the contrary, turns out to be lower than for apartments.
• Tax- another significant drawback is the property tax, which is calculated from the cadastral value not of the housing, but accordingly of the building in which the apartments are located. Basically, the tax is 0.5% of the cadastral value. However, if the apartments are part of an office building, then this is at least 2% per year. And given the high cadastral value, the annual amount is quite impressive.
• Public utilities- utility tariffs for commercial real estate are many times higher.

When purchasing such housing, it is important to focus on the area of ​​the room. If the property includes a local area and common areas, then the owner must know that the tax will be calculated on the entire specified area

What is the property tax on apartments?

Much depends on what is written in the title documents, what information is contained in the cadastral passport and the unified Rosreestr database.

The minimum that is possible when calculating the tax on this type of real estate is 0.5%, and the maximum is 2% of the cadastral value (see). Let us remind you that a tax rate of 0.1% is provided for simple housing.

The difference is colossal, but what does it depend on?

In order to pay a tax rate of 0.5%, property in the form of apartments must simultaneously meet three requirements:

1. Be located in a building designated as a hotel.
2. Do not have in the documentation a direct indication that the purpose of the apartments is intended for offices, shops, catering, etc.
3. Do not have a cadastral value of more than 300,000 rubles.

If at least one condition is not met, the tax increases to 2%.

When purchasing an apartment, it is important to pay attention to the area of ​​the room. If the property includes a local area and common areas, then the owner must know that the tax will be calculated on the entire specified area.

By the way, tax deductions are not provided for apartments, as for apartments, rooms and houses.

Communal payments

When comparing utility bills for apartments and apartments, we must not forget that we are talking about residential and non-residential assets. For any non-residential premises in our country there are fixed tariffs for utilities. The difference, of course, is not stunning, but it is 10%, and in some houses 30% higher than in ordinary apartments.

There is one more nuance here - the services of a management company. Usually there is a standard list of services that they provide and which the owners cannot refuse (concierge, intercom, cleaning the territory, etc.). For apartments there is a special list of services for which you will need to pay extra. For example, cleaning the room, ironing clothes, etc. Apartment owners are not provided with such comfortable conditions.

Can apartments be converted into housing stock?

At present, legal practice is not yet so extensive as to answer this question unambiguously. Yes, such precedents exist. An important condition is the consent of all owners of the building, because apartments are often considered shared ownership.

In Moscow, there are known cases of converting multi-storey buildings from apartments to apartment use. But here it is worth paying attention to the fact that the transfer of apartments to housing became legally possible only thanks to the legal process and the competent approach of lawyers.

A simplified procedure, without trial, has not yet been worked out at the administrative level. When purchasing apartments, you simply need to understand this nuance.