Human life and activity is unthinkable without the presence of special structures in which one can hide from the influence of the external environment. Comfort requires a spacious and well-equipped house or apartment. It is unthinkable to work without having a workplace or room to change clothes or eat during lunch.
Previously, primitive building materials were used to construct such structures. Modern capabilities make it possible to erect structures in the shortest possible time in any climatic conditions. The application of the concepts “building and premises” is used in the definition of the legal term real estate and in the construction and architectural fields.
What is a building?
A building is a ground-type structure that has a specific design and internal space . Such an object is intended for living, working or for use for industrial technical needs.
Building
The terminology excludes the meaning of a building as buildings that lack internal space. It is incorrect to call overpasses, bridges, cooling towers, above-ground and underground structures, tunnels, and dams buildings. They relate to structures for technical and industrial purposes.
The results of the work of builders are usually called the term “building”. Distinctive parameters are considered to be the presence of:
- Volumetric parameters of architectural design.
- The presence of an above-ground part.
- Presence of an underground part.
- Internal room type.
- Availability of networks and communications.
There is also a certain structure of the building, which implies the existence of elements:
- Premises . They are formed by zoning the internal space of the building by erecting wall partitions.
- Basement . It is a floor that is located in the fundamental area of the building.
- Ground floor . Involves location in the blind area of the building.
- Ground floor , located above the building's horizon level.
- The attic space is located in front of the roof, at the very top of the building.
- Attic . It is a room that has been put into operation under the ceilings of a pitched or gable roof.
- Technical floor . Provides an area where the entire communication sphere of the building is concentrated.
The number of floors in a room depends on the level of location above the horizon line, calculated when carrying out design work.
Modern buildings
Realtors
Realtors lie. This needs to be understood and accepted. It would be wiser to enter into an agreement with a good real estate agency. Check the reputation, reviews, history of your realtors, so cooperation with us will be reliable.
In general, Sochi realtors offer 2 payment options. The first is that the seller pays. Those. With this option, you receive free consultations, go to look at suitable premises, etc. Second, the markup for the realtor’s services is included in the price of the property.
The room, its essence and features
The premises are considered to be an integral part of any building. It implies an area in a building limited by ceilings and walls on all sides, with communications connected. Depending on the type of premises, there are two main states: residential and non-residential.
Room
An object is considered to be a residential premises if:
- Space restrictions in the form of a separate room or a complex of them.
- The status of the property, according to the documentation, must be in the real estate column.
- Possible residence of a person on a permanent basis.
Living space
A residential type premises can be:
- A private residential building or a certain part thereof.
- An apartment in a multi-storey building, or part of it.
- A room in an apartment or house.
Non-residential premises are considered to be those in which human habitation is considered impossible, problematic, or poses a threat to life or health, in the case of permanent residence and use as a home. Non-residential premises can act as working premises, that is, it is acceptable to consider it as: an office, a store, or any other working premises.
Office - non-residential premises
The legislative framework provides for the transfer of residential premises to non-residential ones. For example, the use of apartments from the housing stock, which are located on the first floors of multi-storey buildings. The use and redevelopment of such premises is possible only after their transfer to non-residential status through a legislative procedure.
Residential premises cannot be used as an office or store without permission from local authorities and confirmation by the commission. In case of violation of this parameter, penalties may be imposed on the owner of the premises.
What to include in the bill
Since there is no definition of apartments in Russia, it needs to be formulated. At the same time, it is necessary to divide these premises into two established types: analogous to housing and service premises (essentially hotels), believes Sergei Zaitsev, head of the federal center for new buildings.
There are many requirements for the construction of residential buildings: distance from industrial enterprises, the inadmissibility of exceeding potentially hazardous chemicals and biological substances in the soil and air, requirements for noise, vibration, the need to provide houses with social infrastructure, and so on, Mikhail Chernyshev pointed out.
The construction of non-residential premises also has its own requirements, but they are much more liberal, the parliamentarian added. Therefore, apartments are noticeably cheaper than apartments - the difference can be 20–30%, said Mikhail Chernyshev. Also in apartments, prices for housing and communal services are 15–20% higher than in apartments, and the tax rate on such property is about 2% of the cost (for housing - from 0.1%).
Apartment demand
Photo: IZVESTIA/Alexander Kazakov
Not all apartments can acquire the status of residential premises. If some requirements can be relaxed, for example, in terms of insolation (sunlight), then others are absolutely not possible - for example, if the object is located in an industrial zone next to an existing enterprise, the deputy emphasized.
Things are normal: the Ministry of Construction predicted housing prices in 2021
The national average cost per square meter will increase to 49 thousand rubles, officials calculated
After apartments are recognized as housing, the question of protecting the rights of future buyers of such objects will arise, Ilya Osipov noted.
“Today the state guarantees buyers that they are purchasing housing that meets all requirements. But after the amnesty of apartments, how will a person understand what he is actually buying? This issue also requires a solution, the deputy is sure.
It is logical to equate apartments to housing only in new buildings, believes managing partner Maria Litinetskaya. This will allow us to exclude objects created during the reconstruction of administrative and industrial buildings. It is also possible to amnesty apartments built next to residential buildings as part of the integrated development of territories, the expert expressed her opinion.
— Housing and apartments should not be made identical concepts, but only provide the owners of the latter with certain rights that the owners of residential premises have. For example, we can talk about temporary registration, a reduction in the tax rate, and benefits for utility bills,” said Mikhail Chernyshev.
Apartment demand
Photo: IZVESTIA/Sergey Konkov
The problem should be solved primarily in favor of taxpayers who are the owners of apartments: they live in them, work in the same city, pay income tax there, but due to lack of registration, do not receive benefits due to city residents, Ilya Osipov pointed out. For example, subsidies for housing and communal services, added Mikhail Chernyshev.
Apartment bonus: Russians will be able to reduce property taxes by a third
To make it easier to challenge the cadastral value, it was proposed to send revaluation data to home owners
— The best way out is to give people the opportunity to register in such premises. It is possible to build apartments in the future, because there is a demand for them, says Nikolai Nikolaev.
At the same time, at the legislative level or through government regulations, it is necessary to oblige real estate sellers and developers to inform buyers that the premises do not have the set of social functions provided for housing, says Mikhail Chernyshev. This should be reflected in advertising, the parliamentarian believes.
What is the difference between a building and a room?
Building and premises are terms that are often used in construction and in legal descriptions of housing issues. In fact, these are words denoting completely different objects . A building is usually called a structure that has components as premises. The room, in turn, is part of the building, its functional feature. Depending on the purpose, the building may differ in purpose, just like the premises - to be residential or non-residential.
Real EstateComment
How to buy an apartment in Sochi
So, you have decided to move and are looking for a resource where you can choose an apartment. The first option is usually the well-known portal of free advertisements on “A”. This is where the first pitfalls await you when buying an apartment in Sochi. The fact is that not all apartments advertised on this resource exist in reality. Even if the ad contains many photographs, it is indicated that the documents are ready, no one is registered and there is only 1 owner, this may be a trap of unscrupulous realtors. Therefore, first of all, check the reliability of the agency that publishes the ad. ASKA Real Estate checks its realtors and all advertisements to ensure that such cases do not occur.
FAQ
Is it risky to buy an apartment under construction in Sochi?
Yes, the risk is high. Construction may be suspended at any time, so it is better to buy real estate in a rented house.
Is it cheaper to do the buying and selling yourself?
Of course, but the result will not please you. It is much easier to find a good apartment by working with a real estate agency.
Should I worry if the documents say “One-room apartment, purpose: residential”?
No, this is an apartment, not a living space.
What is the difference between the status of “apartment” and “residential premises”
And of course, all buyers are interested in the safety and risks of purchasing real estate with the status of “residential premises”.
According to Art. 15 of the Housing Code of the Russian Federation states that residential premises are recognized as isolated premises, which are real estate and are suitable for permanent residence of citizens (meets established sanitary and technical rules and standards).
According to Art. 16 of the Housing Code of the Russian Federation An apartment is recognized as a structurally separate room in an apartment building, providing direct access to the common areas in such a house and consisting of one or more rooms, as well as premises for auxiliary use, intended to satisfy citizens’ household and other needs related to their living in such a separate room.
Sochi real estate Instagram
Sochi real estate Instagram
Other Important Points
Residential premises, and even apartments, may have problems with communications. At a minimum, check the drains. Many houses are still equipped with septic tanks, although the Sochi administration has obliged citizens to connect to the central sewerage system.
The average Sochi apartment is necessarily equipped with a gas boiler, which will be another feature of buying an apartment in Sochi for residents of other regions. If there is no boiler, the owner will have to buy one himself. Cost 200,000–500,000 rubles.
Due to the mountainous terrain, the first floor of the house may in fact be the basement. Also, a nuance of Sochi real estate is that the rough finishing only includes glazing and installation of the front door. And the cost of repairs is much higher than visitors from other regions of Russia might think.
Status “Apartment”: basic concepts
The status of an Apartment, according to the Housing Code, is a room in an apartment building, structurally separate, providing direct access to common areas. The apartment consists of one or more rooms and auxiliary premises intended to satisfy household and other needs associated with living in it.
About differences in legal status
Some realtors assure their clients: there is no difference between the statuses “apartment” and “residential premises”. In fact, the differences begin at the stage of paperwork: in the certificate of ownership of the land plot on which an 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 the buyer is offered to purchase residential premises, then the certificate of land ownership will indicate “Land of populated areas - for individual residential construction.”
In the permit for the construction of a house, a building with apartments, as a capital construction object, is called a “multi-apartment residential building.” In a building with “residential premises” the name will be “individual residential building”.
Possible risks when purchasing
By law, individual residential buildings cannot be higher than three floors. Therefore, in order to legitimize the premises, developers use a multi-stage scheme: at the third floor level they receive a certificate of ownership in their name, then order a reconstruction project, complete the remaining floors and hand over the house through a court decision. Moreover, the ownership of the house with the actual number of floors belongs to the developer company. After this, the house is divided into living quarters. The buyer will have two certificates of ownership: for the premises and for the share of land under the house. Important: in order to sell real estate, the owner will have to notify all co-owners of an individual residential building about the upcoming sale, since, in accordance with Article 250 of the Civil Code, they have a pre-emptive right to purchase.
When purchasing real estate with the status of “apartment,” the house is accepted by the state commission , after which the owners are issued certificates of ownership of the housing. Such an owner will not have any complex construction and commissioning schemes, as well as any dependence on neighbors.
Considering that houses with premises with the status of “residential” almost always have problems with communications, the advantages of purchasing real estate with the status of “apartment” are obvious.
What risks may arise when purchasing
The Town Planning Code of the Russian Federation states that the maximum permissible number of floors in buildings intended for habitation and built on plots of land for use as individual housing construction is equal to the number three. However, some construction companies are ready to use tricks to give legal force to such a structure. To do this, they resort to the following actions:
- When the last third floor is completed, the construction company takes ownership of the building.
- After this, the organization makes a request for a restoration scheme.
- Builders are erecting the floors planned by the company.
- They conclude an act on putting this building into use in accordance with the court order.
Upon completion of construction and registration of all the above documents, state registration of the ownership rights of the person who erected the building takes place. Next, the building is divided into individual habitats - they are registered in the cadastre, and the rights to them are registered in a single register.
You need to be careful when purchasing, since such tricks of builders almost always lead to the fact that the building will have problems related to communications. Therefore, you should purchase an apartment in a legal apartment building.
