Disadvantages of the apartments. Deceptive affordability: the pros and cons of buying an apartment

1. More low price

The difference in price between regular apartments and apartments is about 10-15%, although in some cases it can reach 30%.

However, in the context of falling incomes, the supply of inexpensive traditional housing increases, due to which the difference in cost between apartments and ordinary apartments is reduced.

2. Freedom of planning decisions

Quite stringent requirements for planning and redevelopment for ordinary apartments are not applied to the apartments, which follows from their legal status ( non-residential premises). In particular, the apartments do not have a distinction between residential and non-residential areas, which makes it possible to organize premises for various purposes in almost any private apartment.

For comparison, bathrooms and sinks in traditional apartments must be located in certain places. There is a decree prohibiting the transfer of a bathroom or kitchen to a place in an apartment located above the living quarters of neighbors below.

3. Exemption from property tax in case of use of apartments as workshops, ateliers and studios

According to paragraphs. 14 clause 1 art. 407 of the Tax Code of the Russian Federation, individuals using apartments exclusively as workshops, studios and studios are exempt from paying property tax.

Disadvantages of the apartments

1. High taxes

From the point of view of tax legislation, apartments are classified as “other premises” and are generally subject to real estate tax at a rate of 2% of the cadastral value.

A preferential rate of 0.5% of the cadastral value has been introduced for owners of apartments in shopping and office centers in Moscow. However, even this rate significantly exceeds the property tax rate for ordinary apartments (0.1 - 0.3% of the cadastral value). At the same time, to receive benefits, apartments must meet a number of requirements (see the article for more details). As of the end of October 2016, the list of Moscow apartments whose owners can count on benefits included only 7 properties.

When purchasing apartments it is impossible to obtain a tax deduction for income tax individuals(13% tax exemption), which every Russian citizen can receive once in a lifetime when purchasing a home.

2. Reduced requirements for illumination, noise insulation and insolation

The apartments are not subject to sanitary rules and regulations established for residential premises and establishing the level of illumination, sound insulation and insolation. Therefore, developers often will not comply with these standards in cases where it provides them with cost savings.

3. Inability to obtain permanent registration

Apartments do not provide permanent residence rights, which, in particular, is necessary to fully use the city’s infrastructure.

Registration at the place of stay is possible in cases where the apartments are managed by specialized institutions, which include hotels, holiday homes, etc. In this case, registration can be issued by the corresponding specialized institution. However, such registration must be renewed every five years.

4. Possible lack of infrastructure in the surrounding area

Since apartments are not considered housing, they are not subject to the requirements for creating in the immediate vicinity all the infrastructure necessary for life (schools, kindergartens, clinics, etc.).

The requirements for providing parking spaces and landscaping in the local area for apartments are lower than for residential buildings.

Also, developers are not obliged to equip the area adjacent to the apartment complex for recreation and sports for adults and children.

5. Possible proximity to busy offices

Often apartments are located in the same building with busy office spaces, which can create inconvenience for recreation and sports. Mothers with strollers and people with limited mobility may face particular challenges.

6. High service fees

Tariffs for utilities and building maintenance for apartment owners are usually higher than for owners of traditional apartments, since in the case of apartments the management companies themselves set the tariffs. Moreover, the cost of these services for apartments is calculated at the rates of legal entities, not individuals.

The apartments are not subject to the provisions of the Housing Code on the procedure for managing the common property of the building. Therefore, apartment residents do not have the opportunity to influence the tariffs set by the management company.

As practice shows, apartment owners pay 15–35% more for utilities and building maintenance than owners of ordinary apartments.

7. Noise from neighbors using the apartment as workshops

Despite the fact that the apartments are mainly used for permanent and temporary residence, they can also be used as workshops, ateliers and studios (which is more consistent with their status). In this case, you may become hostage to constant noise from neighboring studio apartments, since the requirements for maintaining silence imposed on residents of ordinary apartments do not apply to apartment owners.

It may also turn out that due to the type of activity of your neighbors, there will be movement in the immediate vicinity of your apartment. a large number of strangers, which will violate the privacy of your residence.

8. The danger of living in apartments resulting from the reconstruction of former industrial buildings

Apartments often appear as a result of the reconstruction of old industrial buildings, which in the past housed production, the activities of which affected the environmental safety of the structure and soil, and also affected the strength of load-bearing structures.

Is it worth buying an apartment?

Living in apartments is more expensive and comes with certain inconveniences, which is offset by the lower price of this type of housing. Before purchasing an apartment, you must weigh the pros and cons to decide for yourself whether the lower price of the apartment will compensate for all the hardships and inconveniences that you will be forced to endure while living in it.

Many developers and apartment sellers say that over time the apartments can be converted into residential real estate. But in practice, this is only possible if they meet all the requirements for residential real estate. But the apartments are initially built without complying with a number of requirements for housing. Therefore, converting apartments into housing is usually either impossible or requires large expenses.

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

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

Despite the fact that Russian legislation has long given a clear definition of the concept of “apartment”, their legal status is still in doubt among some experts.

“Let's consider what pros and cons it has new format real estate, and we will also try to give an accurate definition of its legal status"

From a legal point of view, the term “apartment” is defined rather poorly by current legislation. Until April 2011, Rostourism Order No. 86 dated July 21, 2005 (now no longer in force) was in force, according to which an apartment meant a room with an area of ​​at least 40! square meters, consisting of two or more living rooms and equipped with a full bathroom and kitchen equipment.

In January 2011, Order No. 35 of the Ministry of Sports and Tourism of the Russian Federation was issued (which entered into force on April 15, 2011), according to which the apartment cannot be considered as a separate type of real estate. This word means one of the highest categories of rooms located in accommodation facilities. The latter include hotels, inns, holiday homes, boarding houses, motels, sanatoriums and other facilities. In other words, an apartment is a comfortable room in any accommodation facility, which is equipped with furniture and equipment of the appropriate class and is intended for temporary residence.

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

• Service apartments;
• Aparthotels;
• Condo hotels.

Premises located in the first three categories of real estate are rented out (both long-term and short-term). Regardless of the period for which the rooms are rented, all residents are provided with hotel services. But there is also a type of hotel in which real estate can be purchased as a property. These are condo hotels. As a rule, some of the rooms in them are rented out, and some are put up for sale.

The main reason for their appearance in Russia (in particular, in Moscow) was the shortage of sites for residential construction, as well as the low demand for office space that has not recovered after the crisis. Several factors, including Moscow government decree No. 714-PP, introducing a ban on infill construction, forced the capital's developers to look for workarounds to save their investments.

The transition to a new real estate format (apartments) has become the best option for the capital's developers. Today, many developers turn office buildings into small blocks that are equipped with everything necessary for comfortable living, and then rent out such blocks or sell them. Thus, within the framework of one project, the developer manages to combine office, residential and retail and entertainment space. But it is worth considering that apartments can only be called residential premises conditionally.

What is the difference between apartments and classic apartments?

The main difference between apartments and classic apartments is their legal status. In accordance with Article 16 of the Housing Code of the Russian Federation, the following objects belong to residential premises:

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

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

Hotels (apartments), holiday homes, sanatoriums, boarding houses, hotels and other accommodation facilities have a different functional purpose. They are used for the temporary stay of citizens, as opposed to their places of permanent residence.

Thus, from a legal point of view, apartments are non-residential premises, even despite the fact that when constructing an object, the developer can comply with all the necessary technical and sanitary standards.

Cons of apartments

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

For such people, the main importance is the location of the facility and the availability of hotel services, and not at all the problem of registration. In addition, clients who already have their own home, sometimes even more than one, often show interest in purchasing apartments.

Pros of the apartments

Of course, in addition to the disadvantages, the apartments also have their advantages. The main advantages of such real estate include its favorable location (apartment owners can live in close proximity to their place of work, sometimes even in the same building). Residents of the apartments have the opportunity to use hotel services and the services of shopping and entertainment establishments included in the structure of the complex.

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

Residential market and commercial real estate incredibly vast. When offering housing properties, realtors often call an apartment an apartment. This term becomes a kind of symbol of success, luxury, independence and wealth.

But are these concepts the same - apartment and apartment? Even the most superficial glance will determine that these are completely different things. Let's look at the difference between apartments and apartments. Let us determine how significant these differences are and why these concepts should be clearly distinguished.

What is an apartment?

The following definition is generally accepted. An apartment is a type of separate real estate used both for permanent residence and for rental. It has a separate entrance and is fully adapted for normal life: there are all necessary communications, heating, water supply, sewerage. Apartments are not the same, they differ from each other in their different location in the city, area, type of structure of a residential building, its number of floors and many other parameters. But, despite all the differences, apartments make up one specific segment - residential real estate, or housing stock.

There are enough offers for the sale of apartments on the domestic real estate market: this includes secondary housing. Apartments for sale may be excellently renovated, but are usually not furnished.

Apartments: what is it?

Apartments equipped with modern communications, excellent furniture and located in hotel complexes are called apartments. This is luxury real estate increased comfort, used for temporary residence of wealthy guests. The main characteristics of such a facility are modern stylish design and full provision of household and technical communications. Accommodation in apartments is possible only on a temporary basis.

In other words, apartments are non-permanent housing, identical to a hotel room. And just like in a classic hotel room, an indispensable attribute of staying in it is full service at a time convenient for guests, including the full range of cleaning work, changing linen, providing parking spaces, specialized security services, and other infrastructure facilities.

This one is very popular in resort areas and metropolitan areas. Wealthy citizens often buy apartments in close proximity to work to save time. Comfortable complexes, so-called apart-hotels, are being built fairly close to the sea or the business center of the city.

The potential buyer is offered various types of apartments, the most common of which are one-bedroom and Western “studio” options, in which the living room is combined with a kitchen. However, the market sells apartments with 2 and 3 bedrooms, as well as multi-level premises. The difference between an apartment and an apartment is that the buyer of an apartment acquires a living space with modern renovation, stylish furniture and built-in appliances.

Legal status of the apartments

In Russian legislation, the concept of “apartment” is not fixed, at the same time, the term “residential premises” is given a fairly broad definition. It is recognized as a separate premises as part of real estate, suitable for permanent residence and complying with established standards of sanitary, technical and other operational rules. The legislation provides for the following types of premises as residential premises: a house or part thereof, an apartment or a share in it, a room. The term “apartment” does not refer to the “residential real estate” segment. In other words, to the question about apartments: what is it, you can answer that it is residential premises in a non-residential building.

Differences between an apartment and an apartment

So, apartments are not related to the housing stock, so they can be created in buildings of any type, for example, office buildings. To be assigned the “apartment” status, belonging to the housing stock is required. In addition, there are differences between these concepts in other planes:

• according to the requirements of the Gosstandart resolution, the area of ​​the apartment should not be less than 40 m2, and the number of rooms should be 2 or more; the presence of a bathroom and a kitchen is considered mandatory;
• Such requirements are not imposed on an apartment, which may have only one room with a much smaller area.

Let's take a closer look at each difference between an apartment and an apartment.

Price

Real estate market experts note that the price of apartments is usually 10-15% lower than the cost of an apartment of a similar type, but operating costs are always higher. This is due to the fact that the cost of utilities for apartment owners is significantly higher than their cost for residential property owners. In particular, heating services are higher by 20-30%, water supply and sanitation - by 12-25%. The presented figures are ambiguous; prices for housing and communal services depend not only on the regional location, but also on the nature of the connection of utilities with the networks of resource supply organizations. For example, if services are provided through intermediaries, then you will have to pay even more for them.

The absence of the concept of “apartments” in residential real estate does not allow their owners to apply for subsidies for utility bills, provided that their total monthly income for the last 6 months does not exceed established standards. Apartment owners cannot take advantage of the benefits regulated by the Housing Code. What is the difference between an apartment and an apartment, besides cost characteristics?

Registration Features

Purchasing an apartment presupposes the possibility of permanent registration at the residential address. It is impossible to register in apartments at your place of residence due to the fact that legally they are not housing.

The question of the possibility of temporary registration in apartments still remains unclear, although there is no direct prohibition on the exercise of such a right by owners of apartments purchased in buildings with the status of an apart-hotel or hotel.

Lack of objects of social significance

When deciding which purchase is more profitable - an apartment or an apartment, you should remember that the developer of such buildings has no obligation to construct social infrastructure facilities. Actually, this factor explains the relative cheapness of apartments - developer hotel complexes, as a rule, does not build schools, kindergartens and clinics.

Despite the fact that realtors usually do not raise this problem or smooth it over with assurances that apart-hotel developments are carried out in areas with established infrastructure, one should not forget about it. In megacities, the volume of construction and sale of such complexes is very significant, and social facilities not in every district can provide an increase in unregistered users.

The management of Moscow's urban planning department plans to approve construction standards obliging developers to build infrastructure facilities in parallel with the construction of hotel complexes. Most likely, the introduction of such obligations will raise the cost of apartments to the price of apartments.

Permission to redevelop apartments is not required

How are apartments different from apartments? The fact that the need or possibility of redevelopment of these premises is regulated general provisions Town Planning Code, according to which permission is not required if the proposed changes do not bring about structural changes and do not change the level of reliability and safety of a non-residential building. And if the lack of permits greatly simplifies the reconstruction of apartment premises, then there are many problems in the organizational features of the functioning of such buildings.

Difficulties in managing non-residential buildings and differences in property taxes

According to the Housing Code, the technical premises of an apartment building (attics, basements, etc.) are in shared ownership of the owners of the residential premises. This rule is not provided for apartments. Therefore, the buyer purchasing them must remember that the ownership of the rest of the building and utility networks is with the developer, and he can impose on the owners the services of a management company that is beneficial to him.

In addition, the legislation adopted since 2015 has significantly increased the property tax, the calculation of which will now be carried out on the basis of And if the housing tax rate is 0.1% and quite impressive benefits are applied, then non-residential real estate, which includes apartments, is taxed at a significantly higher rate.

Nature of acquisition

The difference between apartments and apartments also manifests itself for purchasing purposes. The purchase of apartments, as a rule, is of an investment nature, i.e. in most cases they are bought for profit, while the purchase of an apartment has a pronounced social background - accommodation.

If the owner of an apartment registers as an individual entrepreneur and declares income from renting out property, then he does not have the right to tax exemption when selling these premises, even if they have been owned for more than 3 years.

Understanding the differences, it is easier for a potential buyer to decide which room suits him best - an apartment or an apartment. What is best for him and the goals he pursues, only he knows. The status of the purchased property depends on the nature of the acquisition, opportunities, necessity or other conditions. Now, when considering a future purchase, you can clearly imagine how an apartment differs from an apartment.

Recently, a real estate format such as apartments has been rapidly developing - premises that are not part of the housing stock, but suitable for living. They are actively included in the projects of administrative buildings and hotel complexes.

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

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

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

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

As Bogdanyuk clarified, at the end of 2015, the weighted average price for apartments was at the level of 357.2 thousand rubles per sq. m. m.

“The apartment segment began to develop due to the lack of free sites in the capital for housing construction. At first, developers introduced them as part of business centers, then they began to turn former factories or factories into apartment complexes. Initially, this real estate format was designed for successful businessmen who used this housing for temporary residence,” says Vladislav Melnikov, senior vice president of Match Point, which finances the IFC project.

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

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

However, when making such a purchase, you should take into account that there are a number of pitfalls that arise from the precarious legal status of the apartments.
“The term itself is not fixed in any way at the regional or federal level, however, we can say that apartments, being essentially residential real estate, are regulated by law and are taxed on a commercial basis. And here there are pros and cons,” says Vasily Itskov, head of the dispute resolution practice at IFC Horizon Capital.

Problems with registration

From the point of view of the law, apartments are non-residential premises not intended for permanent residence of citizens, thus, even if you are the owner and permanently reside in such a premises, registration in it is impossible. However, there is a loophole here. You can obtain registration if the apartment is located in a hotel.

“Apartments are not residential premises, therefore, registration in them at the place of residence is impossible. Registration at the place of stay in non-residential premises is carried out only when the corresponding premises are within the scope of jurisdiction of a specialized institution - a hotel, rest home, hospital, etc. The obligation to register in this case lies with the administration of the relevant institution (clause 14 of Rules No. 713). If the premises for temporary residence are not part of a hotel or other accommodation facility (and we are talking about them), then the obligation to register is simply absent,” explains Maria Ponamoreva, senior lawyer at the A2 law office.

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

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

Complex taxation

Since the apartments do not belong to the housing stock, there is no tax deduction available here (13% tax exemption). In this case, taxes are taken at a higher rate.

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

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

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

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

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

“Thus, in some cases, in monetary terms, the tax on apartments will be lower than on an apartment with similar indicators,” notes Poduskov.

The management company sets its own tariffs

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

"Average public utilities in apartments it is 15% higher than in apartments. In total, the difference in cost between an apartment and an apartment due to a higher tax rate and utility payments, apartment owners can equal the purchase of an apartment in 50 years on average,” says Bogdanyuk.

The infrastructure is not regulated in any way

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

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

The proximity of residential and office space, which is possible in apartments, should be taken into account in advance, first of all, by those who are going to live there. The work team behind the wall, regular visitors, couriers - not a very comfortable neighborhood. And if you are considering purchasing apartments for organizing an office, you should take into account that some developers are trying to limit this possibility. For example, they issue a limited number of car passes to the territory.

Sanitary standards do not apply

“One of the points that is important to consider when purchasing apartments is that these real estate properties are not subject to SanPiN standards established for residential premises and stipulating the appropriate level of illumination, sound insulation and insolation. The buyer needs to check this himself,” says Trukhanov.

At the same time, it is not uncommon for apartments to appear in old industrial buildings that have undergone reconstruction. Lofts undoubtedly have their charm, but when purchasing such a property, it is important to study the history of the building that was renovated.

“First of all, find out what type of production operated within these walls. If the activity of this enterprise was in one way or another connected with chemical production or hazardous waste, this fact should in no case be neglected. Toxic substances can persist in the soil and even in the building structures themselves. But the decay period of such substances is not tens or even hundreds of years. Also an important factor is the quality of the work carried out - strengthening load-bearing structures, foundations, reconstruction of walls, installation of all necessary systems,” warns Trukhanov.

Bathroom in any part of the room

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

“When designing the architecture of the interior space and developing a planning solution, there are no such strict norms and rules as for residential interiors. In particular, there is no distinction between residential and non-residential premises and wet spots. Thus, the kitchen and bathrooms can be located in any part of the room, which significantly expands the architect’s capabilities when working on the project. Of course, this does not mean that apartment owners are not limited in any way when carrying out repair and construction work. The main document that will have to be followed when designing and carrying out work to implement the project will be the regulations established by the management company for a specific facility,” says Ekaterina Svanidze, partner of the DVEKATI design studio.