What are apartments and how do they differ from residential premises?

Within the meaning of housing legislation, an apartment as a residential premises has the following characteristics :

1. Isolation, that is, isolation from other premises in the house (residential and non-residential), but, at the same time, the ability to use these premises.
2. The presence of one or more rooms that are premises for direct residence (Part 4 of Article 16 of the Housing Code of the Russian Federation).
3. Equipped with premises for auxiliary use (kitchen, bathroom, hallway, corridor, etc.).

Total and living area of ​​the apartment

Being an immovable thing, an apartment has certain physical characteristics, including volume, total area, area of ​​residential and auxiliary premises, etc.

In practice, depending on the goals set, all of the listed characteristics or some of them can be used. The most demanded characteristic of an apartment in everyday life is the common and living space .

Currently, the total area of ​​the apartment is determined in accordance with the requirements of the Code of Rules SP 54.13330.2011 “SNiP 31-01-2003. Residential multi-apartment buildings”, approved by order of the Ministry of Regional Development of the Russian Federation dated December 24, 2010 No. 778 (hereinafter referred to as the Rules). According to the Rules, the total area of ​​an apartment is the sum of the areas of its heated rooms and premises, built-in closets, as well as unheated rooms, calculated with reduction factors established by the rules of technical inventory.

The phrase “living space” speaks for itself. Undoubtedly, we are talking about the area of ​​the apartment used directly for living.

Previously, the official concept of living space was given in the Instructions on the accounting of housing stock in the Russian Federation, approved by Order No. 37 of 04.08.1998 of the Ministry of Land Construction of Russia. The instructions defined the living area of ​​an apartment as the sum of the areas of living rooms. This regulatory act was in force until January 1, 2013. Today, there is no normative concept of the living space of an apartment in the legislation.

It should be noted that in addition to the total and living areas that characterize an apartment, such a concept as apartment area .

Unlike the total area, the area of ​​the apartment includes only heated rooms.

Auxiliary components, be it loggias, balconies, verandas, terraces, vestibules, cold storage rooms, are not included in the area of ​​the apartment.

So, the basis for distinguishing the concepts of the total area of ​​an apartment and its living space is based on the purpose of the premises taken into account when determining these values. And, in some cases, space heating.

Are there any risks when purchasing?

An important difference between residential premises and apartments is that purchase and sale transactions for residential premises in houses under construction take place under an investment agreement, which is not protected by Federal Law No. 214, so it is very important to be completely confident in the reliability of the developer.

There are cases that people who are faced with buying a home for the first time refuse to search for real estate in the residential segment, worrying that such housing will bring a lot of worries. In reality, there are no risks when buying a residential property. It is only important to carefully check all the documentation, make sure that a huge residential area is not being built on the site of the proposed individual housing construction, and check the developer.

Source

Apartment cost

Another, but already estimated, or cost characteristic of an apartment is its cost.

Any thing, depending on its usefulness and demand, has a certain value. In relation to an apartment, the concepts of market, cadastral and inventory value (price) are used.

The concepts of market and cadastral value of a thing are formulated by the legislator in Art. 3 of the Federal Law of July 29, 1998 No. 135-FZ “On valuation activities in the Russian Federation”.

The market value of an apartment should be considered the most probable price at which the apartment can be alienated on the open market in a competitive environment. At the same time, it is presumed that the parties to the transaction are acting reasonably; there are no extraordinary circumstances that could affect the free will of the parties to the transaction. the exclusive right to determine the market value of an apartment.

As a rule, market value is used in transactions involving the state or municipalities.

The cadastral value of an apartment is the value established as a result of a state cadastral valuation. The name itself - “cadastral”, implies the relationship of this type of value to the cadastre, i.e. body of information. Currently, the State Real Estate Cadastre (GKN) is maintained on the territory of the Russian Federation, which reflects the individual characteristics of real estate objects, including their cadastral value.

In a broad sense, the cadastral value is the value of a property obtained by the mass valuation method , i.e. by determining the average price for all comparable objects, without taking into account their individual characteristics. The cadastral value for previously registered objects is determined by the appraiser , and for newly formed ones by the body performing the functions of state cadastral valuation (Rosreestr).

Due to the norms of current legislation, the cadastral value is used to calculate the amount of property and land taxes, as well as rent for the use of real estate objects that are in state or municipal ownership.

From January 1, 2015, the calculation of the amount of property tax for an individual, also for an apartment, must be based on the cadastral value. In practice, this innovation came into force in 2021.

Previously, for the purposes of taxation of individuals, the concept of inventory value of a real estate property was introduced into legislation. According to the Procedure for the assessment of buildings, premises and structures owned by citizens, approved by order of the Ministry of Construction of the Russian Federation dated April 4, 1992 No. 87, the inventory value was recognized as the replacement cost, reduced by the value of physical wear and tear at the time of assessment. This kind of cost was determined and established by technical inventory organizations (BTI).

In essence, inventory value is a conditional value obtained by calculation. Often, it does not reflect objective reality at all. At the same time, inventory value has become widely used in financial, accounting and taxation. The inventory value was used to calculate property tax for individuals until 2014 and will be applied to objects that do not have a cadastral value until it is established.

The above types of apartment cost differ in the order of determination (calculation), by the entity carrying out the assessment, and also by the purpose of use.

Habitability

When developing the requirements that apply to an object, they resort to the provisions of government authority - Order No. 522. A premises that is in a dilapidated state or has visible grounds that negatively affect the object is considered unfit.

The classification of housing as unfit is carried out by an interdepartmental committee created by the regional executive power. The state body has the right to form brigades operating within the same city department. The responsibilities of the working group include checking residential premises and their characteristics.

Technical documentation for the apartment

Technical documentation for the apartment is a text and graphic description of the apartment . It is intended, first of all, for registering an apartment in the State Real Estate Cadastre (GKN) and state registration of rights to an apartment.

Technical certificate

According to the Instructions on the registration of housing stock in the Russian Federation, approved by order of the Ministry of Land Construction of the Russian Federation dated August 4, 1998 No. 37, technical passports were issued by the BTI for newly created and registered real estate objects. The technical passport contains information about the ownership and inventory value of the apartment, its technical description and explication.

And although, at the moment, this instruction has lost force, previously issued technical passports have not lost their relevance. Thus, to register rights to an apartment , it is not necessary to present a cadastral passport, if there are title documents of a technical passport in the file. In addition, the technical passport can be used in the process of registering an apartment for cadastral registration.

A technical plan is introduced to replace the technical passport. A technical plan for an apartment is a text and graphic document containing information about the apartment entered or to be entered into the State Property Committee (Article 24 of the Federal Law of July 13, 2015 No. 218-FZ “On State Registration of Real Estate”).

The technical plan is a document necessary for registering an apartment in the cadastral register.

The powers to prepare technical plans are granted by law to special subjects - cadastral engineers. The technical plan can be based on a previously issued technical passport.

Cadastral passport

The next document that needs to be given special attention is called a cadastral passport.

Based on the formal definition, the cadastral passport for an apartment will be an extract from the State Property Committee containing information about the unique characteristics of the apartment. Simply put, a cadastral passport of an apartment is a document that indicates the cadastral number of the apartment as a real estate object, the date of entering information into the State Property Committee, the floor, area and address of the apartment. An integral part of the cadastral passport is a plan for the location of the apartment on the floor.

A citizen has the right to obtain a cadastral passport by submitting a corresponding request to the territorial body of Rosreestr. Order No. 292 of the Ministry of Economic Development of the Russian Federation dated May 18, 2012 approved the Administrative Regulations for the provision by Rosreestr of the state service of providing information included in the State Property Committee. According to the regulations, a cadastral passport on paper is provided to the citizen who has presented the passport, upon his request, for a fee. The cost of the service is 200 rubles, the delivery time is 5 working days.

From January 1, 2013, a cadastral passport is a mandatory attachment to the documents required for state registration of rights, only if it was not previously provided to the authorities for registering rights to real estate or there is no data on its cadastral registration.

After this date, the body carrying out state registration of rights (Rosreestr) independently receives information from the State Property Committee. Submission of a cadastral passport has become a right and not an obligation of the applicant.

Thus, today, it is not at all necessary for a citizen to have a cadastral passport of an apartment on paper. In practice, the cadastral passport of an apartment may be requested by the bank when drawing up an apartment mortgage agreement.

Other documents

In addition to the above documents, the following documents must be issued for the apartment:

• floor plan and explication;
• personal account;
• apartment card.

Floor plan , i.e. a graphic representation of an apartment on a certain floor indicating the serial numbers and areas of the premises. The floor plan is prepared by BTI organizations in the manner prescribed by the above-mentioned Instructions on accounting for housing stock. An appendix to the floor plan was its text description in the form of an explication. The explication contains information about the area of ​​the apartment, serial numbers, names and areas of premises in the apartment. At present, the practical application of these documents is not provided. In a modified form, the floor plan became part of the cadastral passport .

A personal or financial account for an apartment is a collection of information about the apartment and the citizens living in it. The personal account reflects information about the address and area of ​​the apartment, the owner and the number of citizens living (registered) in the apartment. The personal account may also contain information about the title document for the apartment, degree of relationship, citizens living in the apartment, etc.

This information is provided to interested parties in the form of an extract from a financial and personal account.

As a rule, personal accounts are opened and maintained in management organizations, homeowners' associations, housing cooperatives and are used to calculate rent for an apartment.

In order to register citizens by place of residence (stay), as well as deregistration, apartment cards . The form of the apartment card was approved by Order of the Federal Migration Service of Russia dated September 11, 2012 No. 288.

The apartment card reflects:

1. information about the address of the apartment building;
2. apartment number and area;
3. FULL NAME. owner or tenant;
4. name of the organization providing housing maintenance services;
5. information about persons registered in the apartment indicating the date of registration (deregistration).

The same order established the procedure for filling out, cases and deadlines for submission to the federal migration service. The responsibility for maintaining apartment cards is assigned to the persons responsible for registration. As a rule, these are employees of management organizations, homeowners' associations, housing cooperatives, the so-called “passport officers”. It acquires practical significance when entering information about the citizen’s place of residence into the passport.

How do these legal statuses differ?

Black realtors in Sochi tell their clients that there is no difference between statuses

In fact, the differences begin at the stage of paperwork: in the certificate of ownership of the land plot on which the apartment building with premises in the status of “apartment” is located, the purpose of the land is indicated as “Land of populated areas - multi-apartment residential building.”

If you buy residential premises, then the certificate of land ownership will indicate “Land of populated areas - for individual residential construction.”

In the building permit:

- “apartment status” - as a capital construction object, is called a “multi-apartment residential building”.

- “residential premises” the name will be “individual residential building”.

Property tax

changes made to the Tax Code of the Russian Federation concerning the taxation of individuals who own real estate came into force In particular, the code was supplemented with Chapter 32 on property tax for individuals. At the same time, the RSFSR Law of December 9, 1991 No. 2003-1 “On taxes on property of individuals” became invalid.

New tax legislation provides for the calculation of apartment tax based on its cadastral value (tax base). A prerequisite for applying this tax calculation procedure is the approval by the government authority of the constituent entity of the Russian Federation of the results of determining the cadastral value of real estate (apartments) and, in fact, the introduction of the tax in the region.

As before, the taxpayer , the tax is paid for the previous calendar year (tax period). The procedure for paying taxes (tax notification) and benefits for socially vulnerable segments of the population and distinguished citizens have also been preserved (Article 407 of the Tax Code of the Russian Federation). The changes affected the tax payment deadline, which was postponed from November 1 to December 1 (Article 409 of the Tax Code of the Russian Federation).

In order to maintain the stability of tax legal relations, the legislator has established a special method for calculating tax based on the cadastral value of the apartment for the period until 2021 (Article 408 of the Tax Code of the Russian Federation). The peculiarity of the method is the use of a special formula to calculate tax. During the first four tax periods, the tax amount is calculated taking into account reduction factors of 0.2, 0.4, 0.6 and 0.8, respectively.

It should be noted that in regions where for some reason the new procedure has not been introduced, the tax continues to be calculated from the inventory value of real estate (clause 4 of Article 406 of the Tax Code of the Russian Federation).

In general, the full transition to a single taxation is expected to be completed by 2021 .

Undoubtedly, the most pressing issue is determining the final amount of tax. According to Art. 403 of the Tax Code of the Russian Federation, the basis for calculating tax is the cadastral value of the apartment. At the same time, for the calculation, not its entire cadastral value is taken, but reduced by the cost of 20 sq.m. total area.

The tax rate is determined in Art. 406 of the Tax Code of the Russian Federation, and should not exceed 0.1 percent of the cadastral value. The specific tax rate is established by the representative bodies of the municipality and can be reduced to 0 or increased by no more than 3 times.

Example

Tax calculation for 2015.

Apartment 40 sq.m. Cadastral value of the apartment: 1.4 million rubles. Square meters for tax calculation: 40-20=20 sq.m. Cadastral value of 1 sq.m.: 1.4 million rubles. / 40 sq.m. = 35 thousand rubles. We have 20 sq.m., respectively 35 thousand rubles. x 20 sq.m. = 700 thousand rubles. The amount of tax based on their cadastral value: 700 thousand rubles. x 0.1% = 700 rub. Tax calculated from the inventory value of 100 rubles. Total: (700 rub. - 100 rub.) x 0.2 + 100 rub. = 220 rub.

From the above example it is clear that the tax burden for the apartment owner tends to gradually increase, which will become evident in 2021.

Is there liability?

If a person uses residential premises, violating the requirements of the authorities, infringing on the rights of other persons and causing damage to property, the owner and other interested citizens have the right to warn him about the possible consequences of inappropriate behavior and oblige him to stop committing violations.

If the result of behavior is the destruction of the housing premises, the owner has the right to oblige the citizen to make repairs within a specified time frame. If he continues to commit illegal acts, he may be evicted by court order.

Extract from the Unified State Register for an apartment

In accordance with Art. 62 of the Federal Law of July 13, 2015 No. 218-FZ information contained in the Unified State Register of Real Estate (USRN) is publicly available and is provided by the authorized body (Rosreestr) at the request of interested parties in the form of an extract from the Unified State Register. The maximum period for providing information - no more than 3 working days from the date of receipt of the request.

In other words, any citizen who has presented a passport has the right to receive from the Unified State Register the information he is interested in about the property (apartment). At the same time, this right is very limited. The law defines an exhaustive list of publicly available information contained in the extract:

1. FULL NAME. or the name of the owner, description of the apartment (address, floor, total area, cadastral number),
2. Registered rights to the apartment (ownership, operational management, etc.),
3. Existing restrictions (encumbrances) of rights (lease, mortgage, arrest, etc.),
4. Legal claims filed in court, etc.

The form of an extract from the Unified State Register, the procedure and methods for filing requests for its receipt, the necessary attachments to requests are defined in Order of the Ministry of Economic Development of Russia dated May 14, 2010 No. 180. The Order, among other things, regulates the provision of information from the Unified State Register in electronic form via the Internet.

The state service of providing an extract from the Unified State Register is paid. The fee amounts are established by Order of the Ministry of Economic Development of the Russian Federation dated May 10, 2016 No. 291. For example, the cost of obtaining an extract from the Unified State Register on paper will be 750 rubles for a citizen. , and in the form of an electronic document - 300 rubles.

In practice, an extract from the Unified State Register for an apartment is used by citizens to confirm ownership , the absence of restrictions (encumbrances), and legal claims.

As a rule, the need to obtain this type of information arises when concluding transactions with an apartment.

Separateness

Residential premises (hereinafter referred to as residential premises) are combined according to a number of parameters. The first is separation: one housing estate must dissociate itself from its neighbor. An isolated object can be represented as a building or part of it. Moreover, its parameters should make it possible to differentiate from other objects.

According to the regulations, an apartment room that is not delimited from another space is not included in this group. It is considered a single part with other areas of a particular property. It cannot be purchased or alienated separately.