Is it possible to register in an apartment legally in 2021?


Types of real estate

Real estate is divided into different objects, each of which has its own classification and characteristics. Real estate varies in the degree of its readiness upon purchase:

  1. Unfinished construction.
  2. Commissioned primary housing.
  3. Secondary facilities that do not require major capital investments.
  4. Residential areas that need major repairs or reconstruction.

The purpose of purchasing real estate can also be different:

  1. For accommodation.
  2. For commercial purposes.
  3. As an investment of money.

Depending on the financial capabilities and purposes of purchasing a real estate property, buyers choose luxury premises, standard apartments or houses, which can be located both within the city and outside the city.

If we talk about a narrower segment of the real estate market, then it distinguishes:

  1. Apartments.
  2. Apartments.
  3. Studios.

The above gradation distinguishes premises not only by their external design, but also by their registration capabilities.

Apartments

Apartments are considered premises that exceed 40 m2 in square footage, and the number of living rooms in them is at least two. This type of property must have household premises, such as a kitchen and a bathroom. If you look at the definition of apartments, it is difficult to understand the difference between them and a standard apartment. But differences exist, and they lie in the status of the living space.

Apartments are considered residential premises that have been equipped in commercial buildings. They are intended for living, have comfortable conditions for constant pastime, but are still not considered residential premises. In fact, this is an office, but it is comfortably equipped.

Despite the special status of such housing, it is bought very willingly. Firstly, it is a sign of status. Secondly, the price per square meter of apartments is more favorable than in standard apartments.

Studio

Studios are a separate type of real estate, which initially has a strictly established purpose. Creative offices are called studios. This is a room that is not divided into offices and rooms, where a group of like-minded people do one thing. There are studios:

  1. Creative.
  2. Creative.
  3. Dance.
  4. Theatrical.
  5. For video or photography.

People do not live in such premises, but work, that is, conduct certain commercial activities. But in recent years, the concept of a studio apartment has become widespread. It refers to residential premises that are not divided into separate rooms by partitions. The only area that is isolated is the bathroom. The rest of the space is completely open, and is divided exclusively by design solutions into separate zones.

Studio apartments came to us from abroad and gained popularity among certain segments of the population. Such living space is purchased mainly by people who are not burdened with family, young and creative people who strive to achieve their goals.

What is a loft?


A loft is essentially an industrial non-residential premises , simply equipped and converted for living.
The modern type of housing, which has long been rooted in America or Europe , is a relatively new phenomenon for Russian citizens.

It usually has an unusual layout with a combined living room and kitchen.

Its advantages are usually modern design and relatively low price, but there are also disadvantages.

In connection with the emergence of such housing, even a special style of interior design arose, reminiscent of an attic (loft - from English attic). Despite the stylistic advantages, the following disadvantages stand out :

  • increased housing and communal services tariffs;
  • inability to register;
  • lack of planned infrastructure. Often factories, industrial enterprises, etc. are located next to such objects;
  • confusing taxation depending on the purpose indicated in the documents.

Differences from ordinary housing

The choice of real estate on the market is huge; when thinking about purchasing living space, you should accurately describe your own goals. It would be completely wrong to be guided solely by the price factor. Each type of room has its own pros and cons, which may not be noticeable during design, but will become very obvious later during the operation of the property.

Apartments are considered standard premises for permanent residence; they differ in size and number of living rooms. Today apartments are also one- or two-level. Any living space, which is called an apartment, regardless of its size, is intended exclusively for human habitation and meeting the daily needs of a person for rest, food and hygiene. But the premises, which are called apartments, studios, lofts, are considered commercial real estate equipped for living.

The future of apartments

According to experts, statements by the Moscow authorities will be able to change the market for economy class apartments in the capital. “Social infrastructure facilities do not bring any income to developers, and the cost of their construction is quite high. Of course, our developers are accustomed to shifting all their costs onto the shoulders of buyers, so the cost of apartments may rise. As a result, the introduction of new standards, of course, will not “kill” the apartment format, but will greatly change its development,” says Maria Litinetskaya.

“At the end of 2014, we can expect an increase in the total area of ​​apartments on offer in the region of 7-9% compared to the 4th quarter of 2013. We assume that the apartment market will develop along the path of affordability, which means that the supply of comfort and economy classes will increase. This will also be facilitated by the government's current urban planning policy related to the development of former industrial zones. The weighted average supply price for apartments in “old” Moscow at the end of 2014 will undergo downward adjustments of 3-4%,” predicts Daria Tretyakova, head of the consulting and analytics department .

Legal status

In order to most acutely feel the difference between apartments and apartments, the legal status of such premises should be explained. Standard premises are initially built as housing stock. That is, when laying the foundation for a multi-storey building, the developer decided that it would contain exclusively residential premises, and decided on their size and quantity. Apartments and studios are being built in buildings that were originally built for commercial purposes. For example, when laying out business centers, part of the premises can be allocated for residential properties, such as lofts and apartments.

The legal status of the premises is as follows:

  1. Apartments are housing stock.
  2. Apartments and studios for commercial stock.

The difference in status affects registration in real estate objects. But when purchasing living space, the buyer will not notice any special differences or difficulties. Please note that commercial real estate of this type must have all the conditions - kitchen, bath, toilet, lounges.

Is it possible to make money buying apartments?

2020 broke records for demand for apartments, prices for them have increased significantly. For example, in Moscow in October 2021 alone, the increase in apartment prices was 7%. Everyone actively invested their savings in real estate in order to make money on it in the future.

Apartments indeed seem to be a profitable investment in 2021. They are sold 20-30% cheaper than apartments in a neighboring residential complex, and are rented at the same price. The tenant does not care about the status of the premises. The variety of planning solutions adds to the attractiveness.

Experts note that investing in apartments is risky at the moment. It is unclear what status they will be given.

Is registration possible?

Housing space is often purchased for one’s own residence or for renting out to others. In both cases, residents must register at the specified address. This is necessary based on the law, which clearly indicates the fact that you can live in the premises:

  1. Having ownership of it.
  2. By registering in the premises on a permanent or temporary basis.

In addition, if a person purchases his first property, he will certainly want to register on its territory. This move allows us to solve two issues at once. Firstly, you can no longer be obliged to relatives or acquaintances who previously provided the person with a place to live and register. Secondly, a living space with registered housing costs less in terms of utility bills than one in which no one is registered.

When purchasing an apartment or studio, you must take into account that, being commercial real estate, you cannot register people in them on a permanent basis.

Legislative regulation

Regulatory documents that establish legislative norms on the territory of the Russian Federation divide real estate into two categories:

  1. Residential.
  2. A commercial.

In residential premises, the owner can register himself and register any person at his own discretion, without relying on the presence or absence of family ties. Commercial living space does not imply the possibility of permanent registration, because it was initially intended for other purposes. But you can register people in it temporarily.

Russian legislation does not establish a distinction between temporary and permanent registration. Regardless of how a person is registered, he can take advantage of the full range of constitutional rights. The only difference between the two types of registration is their validity period. Permanent registration is indefinite, which means it will not require regular visits to the territorial center of the Ministry of Internal Affairs to renew it. But temporary registration has a minimum and maximum validity period. It can be issued for a maximum of five years.

Registration in apartments is allowed only temporarily, and then the validity of the certificate must be extended. When it comes to the owner of the premises, there will be no difficulties in regularly extending the periods.

Where to contact

Provision of registration to citizens is carried out by registration authorities. They can contact the migration service in person, preparing an application and all the required documentation.

The registration procedure should not take more than 8 days.

It is not prohibited to send these documents by mail. It is better to send documents by registered mail with a list of attachments. However, this method will be the least fast, given the speed of mail.

You can also obtain a residence permit through the government services portal. You can register today without leaving your home using the specified portal. To obtain a residence permit, you first need to register on the portal itself.

Then you need to select the desired section from the list of services provided. Next, you need to follow all instructions sequentially. The applicant fills out an application for temporary registration and submits it for verification.

If everything is in order, then the applicant’s personal account will receive a notification about the date and time of the visit to the Main Migration Department of the Ministry of Internal Affairs to obtain a certificate of registration. The procedure usually takes no more than three days.

It is also possible to obtain registration through the MFC, if such a center is available in your city.

In Moscow, multifunctional centers definitely work. As for other cities, you should clarify the existence of an MFC on site.

To obtain registration, you must come to the MFC with the necessary papers. You can make an appointment in advance or submit documents for verification on a first-come, first-served basis. The procedure usually takes no more than three days.

You can register at the apartment using any of the following methods. Every citizen has the right to choose the most convenient option for himself . The duration and cost of providing the service are the same.

Ways to solve the problem

Of course, the constant extension of temporary registration is a rather repulsive phenomenon and many owners of commercial real estate intended for residential purposes want to solve the problem once and for all. Theoretically, such a possibility exists. Transfer to the housing stock can only be initiated by the owner of the apartment. This issue is being resolved in court. Before you begin the procedure of converting commercial real estate into residential, it is necessary that the premises meet the following requirements:

  1. It had a separate entrance.
  2. If there is no entrance, then it must be possible to equip it.

It is extremely important that the owner uses the premises for its intended purposes, that is, lives there himself or rents it out to other residents. If the living space is used for commercial purposes, the transfer request will be rejected.

Temporary registration

To carry out the temporary registration procedure (known as temporary registration)

You can use premises that are not used for permanent or long-term residence.
It can be:

  • Hotel rooms.
  • Rooms in a sanatorium.
  • A house at a tourist base and so on.

It should be noted that the responsibility for temporary registration of citizens rests directly with the administrative body operating on the territory of the above-mentioned objects.

The status of apartments is regulated by Order No. 35 of the Ministry of Sports dated April 15, 2011 and is listed as a type of room in accommodation facilities.

Accordingly, apartments are formally regarded as non-residential properties and commercial real estate that can be rented, and residents have the right to count on hotel-type services.

Even in cases where the apartments combine:

  • Full range of necessary equipment.
  • Large areas.
  • Practical and convenient location (for example, near a transport interchange or developed infrastructure, green areas, and so on)
    .

Such premises remain non-residential and can be intended exclusively for temporary use.

Registration procedure

If the competent authority refuses to convert commercial real estate into residential, you can try to resolve the issue in court.

Therefore, the owner’s necessary action will be to file a statement of claim in court with a request to recognize the apartment as a residential property. The claim is drawn up according to a standard scheme, indicating the details of the acquisition and the reasons for the transfer of housing from one category to another. The application is accompanied by documents confirming the stated facts and allowing one to recognize the possibility and necessity of changing the legal status.

After the court makes a positive decision on the submitted application, it will be possible to begin the formalization procedure, which consists of several stages. The purpose of these steps will be to change the status of the placement in the Unified State Register of Real Estate. Upon completion of registration, the owner of the property will be able to register in the premises on a permanent basis and provide this opportunity to his relatives or just acquaintances.

Required documents

The most important stage in the process of recognizing real estate as residential is the court. But this authority does not accept applications that do not have documentary evidence. Therefore, before making an application, you need to prepare papers. The list of required documents includes the following:

  1. Identification.
  2. Certificate of ownership of the apartment or studio.
  3. Floor plan of the premises.
  4. A plan of the entire commercial facility where the premises are located.

Based on this data, the court will be able to make an informed decision on the possibility of transferring the apartments to a different legal status or refusing to satisfy the requirements.

Tariffs for housing and communal services in apartments according to the new law in 2021

Tariffs for housing and communal services for apartments are determined as for non-residential premises. This means the following:

  • the state does not participate in controlling tariff prices;
  • maximum price increase indices for housing and communal services do not apply to apartments;
  • apartment owners cannot receive discounts, subsidies and benefits when paying for utilities.

According to the authors of the bill, the right to benefits and subsidies for housing and communal services will not arise, even if the apartments are recognized as residential premises.

Rating
( 2 ratings, average 4.5 out of 5 )
Did you like the article? Share with friends:
For any suggestions regarding the site: [email protected]
Для любых предложений по сайту: [email protected]