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.

Apartments	Apartment
Non-residential fund	Housing stock
Minimum area - from 40 sq.m.	The minimum area is not defined
Minimum 2 living rooms	Minimum 1 living room
	Possibility of permanent residence
Possibility of temporary registration for 5 years	Possibility of permanent/temporary registration
Increased property tax	Regular property tax
Luxurious interior with modern appliances	Regular repairs depending on the wishes of the owner
Developed infrastructure nearby	The infrastructure depends on the status of the house. However, it may not exist at all.
Cleaning is usually done by staff	Cleaning is done by the owner and his family

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 ordinary 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 of not the housing, but, accordingly, 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.

The main differences between apartments and apartments, the pros and cons of such housing.

The concept of apartments appeared on the domestic market quite recently and this is not luxury housing at all. Now these can be quite simple apartments intended for student accommodation. In this article we will look at the main differences.

What are apartments in real estate?

An apartment is a living space with more than two rooms and a bathroom. These can be either luxurious penthouses or small cozy studios. There are several classes of apartments. The higher the class, the more luxurious the housing. There are luxury apartments, which, in addition to good housing with excellent repairs, have a garage and security.

What is the difference between an apartment and an apartment?

There are actually a lot of differences. Apartments are not initially part of the housing stock and can be built in non-residential premises. Initially, such housing was organized in industrial zones, which is very important for large cities where there is not enough space to build a residential building. In fact, apartments can be built in huge luxury complexes and business centers.

To exaggerate, you can live in a business center on the top floor. This entire floor will consist of apartments. Offices will be located on the lower floors. But in fact, this is not always the case, because such housing can be provided in mini-hotels and separate residential complexes. But there is a huge difference in legal differences and more.

Apartments and apartments - which is better, more profitable: pros and cons

Now the apartment market is quite popular due to the low cost of housing. The low price is due to the fact that the developer has to spend much less money and time on obtaining a building permit. At the same time, much fewer infrastructure-related requirements are imposed on this level of housing.

Advantages of the apartments:

• Low price
• Convenient location in the city center
• Availability of additional benefits (security, parking)

Disadvantages of the apartments:

• Inability to register
• Lack of schools and kindergartens nearby
• Impossibility of obtaining a free place in school or preschool institutions due to lack of registration
• High prices for utilities and premises maintenance

What is the difference between apartments and apartments in new buildings when purchasing?

You must understand that not all apartments are marked for residence in the documents. If the documents clearly indicate that this is a hotel or inn, then you can obtain temporary registration for up to 5 years. If there is no note about the hotel or inn, then, unfortunately, you will not receive the right to register.

Accordingly, you will not be able to enroll your child in the nearest kindergarten or school for free, or get a job or free medical care. The price for such housing is much lower than for apartments, but the quality is much higher. This is a convenient layout and possible additional amenities such as parking, security.

Apartment and apartment: what is the legal difference?

In fact, this is not residential real estate, but commercial. Actually this is the main drawback. There are also a lot of legal subtleties. The main disadvantage is the lack of permanent registration. At the same time, not all apartments offer temporary registration. Also, the developer is not obliged to build schools, gardens and those buildings nearby that need to be erected next to the housing stock.

How to distinguish apartments from apartments when purchasing?

Initially, the developer warns that the sale is of apartments, not housing stock. But still, some sellers try to hide this fact. But the documents always indicate that the premises do not belong to the housing stock. Some developers promise to convert some apartments into residential housing, but this is quite difficult to do.

After all, it is initially necessary that it meets all the requirements for residential premises. That is, there should be kindergartens and schools nearby. Please note that prices for housing and communal services and housing taxes will be higher than for a regular apartment. On average, prices for housing and communal services per 1 square meter vary between 5-10 dollars.

Despite the good quality of housing and low prices, the apartments have many disadvantages compared to ordinary apartments. This must be taken into account when purchasing.

VIDEO: Differences between apartments and apartments

Apart-hotel "YES"

The ongoing widespread technological progress of the present century, the emergence of ever new technologies in the field of world science and technology determine the need for the constant development of the social infrastructure of society, including the real estate market, which can fully satisfy the population’s need for housing.

Currently, in the real estate industry, two key objects that are the main focus of both developers and potential buyers are apartments and apartments. These residential properties have both similar features and many fundamental differences. Their presence is explained, among other things, by the difference in the purposes for which they are acquired.

The factors that differentiate apartments from apartments vary greatly depending on which country we are considering - for example, Russia or one of the European ones.

Apartment interior

In the general understanding, apartments differ from apartments in their housing “status” - they are a kind of temporary housing with a standard set of amenities and communications. This type of housing most often provides its residents with a standard level of comfort, being something like a hotel room, but not having the full range of qualities and characteristics necessary for a full-fledged stay, and providing them with the very minimum list of legal guarantees and benefits that the owners have apartments

Having outlined the approximate, general picture of the difference between apartments and apartments, we will consider the criteria for the difference between them in more detail, starting with the real estate market Russia:

1. Legal status and possibility of registration.

From the point of view of legal norms, apartments are not legally full-fledged housing. Registration and registration at the place of residence of citizens living in them is impossible even if they have documentation confirming their ownership of it. There is only the possibility of temporary registration of the owner of the apartments, but only if they are located in a building that is an apart-hotel or hotel.

2. Level of development of social infrastructure.

This difference concerns the construction near apart-hotels and complexes of various social facilities that provide comfortable, complete and most convenient accommodation for apartment residents in the area. Such facilities include mainly children's educational and preschool educational institutions, hospitals, etc. Companies involved in the construction of apart-hotels are not subject to obligations to provide apartment owners with social infrastructure of this kind in a given residential area. In other words, there is a risk of purchasing an apartment in an uninhabited area that may remain a residential area, even though developers may make promises of speedy and comprehensive development of infrastructure in this place.

3. Cost of housing.

A significant and quite significant advantage of the apartments is their lower cost compared to apartments, which is explained by the lack of obligations on the part of the developer to develop and expand the social infrastructure in the area where the apart-hotel is being built. However, the state legislative apparatus is currently preparing relevant legal regulations, according to which social obligations will apply to companies involved in the development of such housing.

But until such laws are adopted, the price per square meter in apartments and apartments is very different - the difference in their cost ranges from 10 to 15%, depending on the level of comfort of the housing and, of course, the city and region in which it is located.

Petrovsky Apart House

4. Rent amount.

Based on this criterion, buying an apartment will be a more profitable option than purchasing apartments. The amount of payment for housing and communal services in the latter is much higher than when living in an apartment due to the value added tax. The standard difference is 18%, but if we consider individual tariffs for paying for housing communications in apartments, the difference in the amount of payment compared to apartments will be even higher - this applies to payment for cold and hot water, sewerage, heating and other utilities.

The situation becomes even more complicated in cases where the housing communications of apart-hotels are connected to city networks by intermediary organizations, which, in turn, charge an additional percentage for their own services.

5. Lack of benefits and subsidies for utility bills.

Apartment owners do not have the right to use subsidies or benefits for housing communications if their monthly income is below the established norm. But, due to the lower cost of such housing compared to apartments, this price difference is relatively balanced.

6. Expected increase in the tax value of apartment living space.

The legislative bodies of the Russian Federation in the near future promise to raise the tax rate on non-residential real estate by 0.5%. For apartments it is 0.1%.

7. The situation with the common property of the apart-hotel.

According to the Housing Code of the Russian Federation, owners of apartments in multi-storey buildings bear joint and equal share responsibility for the technical premises located in them. The owners of the apartments are not mentioned in this document.

There is a high probability that the developer of the apart-hotel, taking advantage of his own “monopoly” position, will impose services of this kind on his residents, and this, most often, is fraught with an excessive increase in utility tariffs.

8. Impossibility of creating a homeowners' association.

Due to the fact that apartments do not have the legal status of residential premises, their owners do not have the opportunity to create an HOA to jointly solve common housing problems that arise. However, it is possible to create any other forms of partnership for a similar purpose.

9. Possibility of free redevelopment of housing.

Apartment owners have the right to redevelop their housing without obtaining special permission to do so, which is impossible when living in an apartment. The only condition necessary to comply with in this case is a guarantee that the changes made will not harm the structure of the premises and will not jeopardize the safety of the residents living in the apart-hotel.

Open plan

Having described the differences between apartments and apartments in Russia, you can move on to Europe. Here, many of the distinction criteria are similar to Russian ones - for example, a higher payment for utilities compared to apartments.

If we talk about specific countries, in Spain apartments differ from apartments mainly in the presence of a fenced area with small social infrastructure facilities common to residents.

In a country like Bulgaria, an apartment is an apartment that consists of at least two rooms, and also compactly accommodates furniture and household appliances built into the walls, which is completely optional and uncharacteristic for similar housing in Russia. In addition, apart-hotels in this country provide their residents with a range of additional services - security services, free parking, fitness and spa salons, playgrounds for children, etc. All these factors determine the higher cost of apartments here compared to apartments.

The word “apartment” came into our lives a long time ago from the French language. However, the term is currently interpreted somewhat differently in different countries. In the international definition, this is a room located in a hotel, having at least one room, a separate kitchen and a sanitary unit. We have encountered hotel apartments in our lives before, but in recent decades another type of them has appeared with the possibility of purchasing such housing as a property. What is the difference between an apartment and an apartment, and is it worth buying such a property?

Apartment and apartment - what's the difference?

Apartments have become widespread in Russia since about 2000, when many capital investors who had invested their money in commercial real estate (mainly shopping and office centers) began to go bankrupt en masse. The niche turned out to be filled to the limit: those who planned to open their own business had done it a long time ago and did not need to rent premises. At the same time, as always, there was a demand for residential real estate in the market, so investors began selling premises for offices, shops, restaurants, etc. en masse as apartments. The first property of this kind was sold in Moscow City.

Apartments are non-residential premises, but you can live in them

Many will probably be surprised, but apartments are not residential premises.

In the Russian Federation, apartments are considered non-residential commercial real estate that is suitable for habitation. It must consist of at least two living rooms and have separate auxiliary rooms (kitchen, bathroom, corridor).

In Kazakhstan, apartments include both residential and non-residential premises.

Such real estate is most often purchased for commercial purposes, for example, for renting out, but can also be purchased as a second home. Today, cutters are purposefully building hotel-type apartment complexes in the spirit of the latest trends.

It is this point that is often unclear: if you can live in a room, there are all the necessary amenities (and sometimes even elements of luxury), then what difference does it make in the end - an apartment or an apartment. Isn’t it better to live in comfortable, spacious “rooms”?

Why an apartment is not an apartment after all: find 10 differences

If at first glance the difference between both types of premises is not felt, then in legislative terms it is wow!

You won't be able to register permanently

It is impossible to permanently register in apartments as permanent residence: this rule applies to all non-residential premises. Possible only for a maximum of 5 years, and only if the building is intended for a hotel. The purpose of the premises for offices, retail premises, warehouses, restaurants excludes the possibility of not only permanent, but also temporary registration.

Commercial real estate may not comply with SNIP

The second very significant difference: residential apartments are built in strict compliance with all building standards for individual premises (SNIP), sanitary and technical standards and fire safety. For non-residential premises, compliance with many standards is not required. This means that the investor will not be able to make claims against the developer, as a simple shareholder of a residential apartment building can do. This can lead to:

• to the use of low-quality, sound-permeable, flammable building materials (the fire in the Zimnyaya Vishnya shopping center immediately comes to mind);
• inconvenient layout of the house and surrounding area;
• lack of convenient access roads and necessary infrastructure facilities nearby.

You will have to pay more for utilities

Another difference between apartments and apartments is the cost of utilities. Utilities for an apartment resident are much more expensive than for the owner of a simple apartment, as they are calculated according to tariffs for non-residential premises:

• the difference in the price of water reaches 15%;
• electricity - 100%;
• special services are added: apartment cleaning, washing and ironing, maintenance of technical staff, security, etc.

Other inconveniences

• It is impossible to create HOAs and housing cooperatives responsible for the operation of public property in an apartment housing complex. Their role is played by management companies (MCs), formed by the developers themselves. After the building is put into operation, the role of the management company in managing the property of the building often becomes symbolic. The creation of communities of homeowners in apartment buildings, consisting of residential apartments, is possible.
• Remodeling an apartment is not so easy: you will need even more permits than for a major renovation of an apartment.
• You cannot take a government subsidy or take advantage of other benefits to purchase apartments, as owners of ordinary apartments can do.
• Comfort and peace in the apartment, despite the name, is not guaranteed: behind the next wall there may be an office with 30 employees, and on the ground floor a night bar.
• Apartments are initially cheaper, but only on the primary market.
• Taxes on apartments are higher than on residential real estate. It is also impossible to obtain a tax deduction when selling commercial premises.

Let's talk about the last two points separately.

What is more expensive - apartments and apartments

If you compare the price of these two objects, the situation is strange:

• The price of 1 m2 of apartment from developers is on average 20% cheaper than the similar cost of a simple apartment.
• It is not possible to buy ready-made apartments at a cheap price, and they often turn out to be more expensive than regular housing.
• Renting apartments is definitely more expensive than renting residential premises.

In fact, everything is explainable:

• The cost of commercial real estate is much cheaper for developers due to low regulatory requirements and low liability.
• By buying apartments under the DDU and then investing his considerable funds in repairs and purchasing property, the shareholder sells the premises a second time for much more.
• Rent in apartments is obviously expensive, since they are purchased for this purpose: as a rule, the owner equips them more comfortably for luxury housing, purchasing expensive equipment and appliances.

Apartments and taxes

The amount of real estate tax depends on its cadastral value and area.

Residential apartment taxes typically range from 0.1 to 0.3%. Commercial real estate tax - from 0.3 to 2%.

• The minimum tax is established only for hotel-type apartments (not for offices or retail premises), the cadastral value of which does not exceed 300 thousand rubles. Theoretically, this is a small 2-room space.
• If the area of ​​the apartment includes the area adjacent to the house and common areas, then the tax will be correspondingly higher.

What to buy - apartments or apartments

The answer depends on the purpose of the acquisition:

• For a quiet stay with registration and a satisfied feeling of ownership, it is better to purchase an apartment.
• Despite the fact that externally the apartment may look simpler, it actually meets living standards more closely, for example, it usually has better sound and heat insulation, normal ceiling heights, lighting standards are calculated more carefully, etc.
• The lower cost of utilities and taxes is also important.

For apartments, they are an excellent choice, since cost recovery is achieved due to the high price of apartments on the secondary market and expensive rentals.

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, what is the difference between the objects.

A new type of property has rapidly 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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